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118HR2700 | Employee Rights Act | [
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"M00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2700 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2700
To reform the labor laws of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Allen (for himself, Mr. Moolenaar, Mr. Austin Scott of Georgia, Mr.
LaTurner, Mrs. Miller of Illinois, Mr. Duncan, Mr. Good of Virginia,
Mrs. Houchin, Mr. Cole, Mr. Johnson of South Dakota, Mr. Weber of
Texas, Mr. Comer, Mr. Hudson, Mr. Loudermilk, Mr. Wilson of South
Carolina, Mr. Ferguson, Mr. Crenshaw, Mr. C. Scott Franklin of Florida,
Mr. Norman, Mr. Meuser, Mr. Carter of Georgia, and Mr. Owens)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To reform the labor laws of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. ENHANCED EMPLOYEE RIGHTS.
The National Labor Relations Act is amended in section 9(a) (29
U.S.C. 159(a)) by striking ``designated or selected for the purposes of
collective bargaining'' and inserting ``for the purposes of collective
bargaining selected by secret ballot in an election conducted by the
Board,''.
SEC. 3. EMPLOYEE PRIVACY.
(a) Notice of Rights and Protections; Voter Registration Lists.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(2) Whenever the Board directs an election under section
9(c) or approves an election agreement, the employer of
employees in the bargaining unit shall, not later than two
business days after the Board directs such election or approves
such election agreement, provide a voter list to a labor
organization that has petitioned to represent such employees.
Such voter list shall include the names of all employees in the
bargaining unit and not more than one additional form of
personal contact information for the employee (such as a
telephone number, an email address, or a mailing address)
chosen by the employee in writing. The voter list shall be
provided in a searchable electronic format generally approved
by the Board unless the employer certifies that the employer
does not possess the capacity to produce the list in the
required form. Not later than nine months after the date of
enactment of the Employee Rights Act, the Board shall
promulgate regulations implementing the requirements of this
paragraph.
``(3) It shall be an unfair labor practice for an employer
to violate any requirement under this subsection.''.
(b) Labor Organization Use of Personal Information.--Section 8(b)
of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking ``8(b).'' and inserting
``8(b); and''; and
(3) by adding at the end the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding.''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
SEC. 4. EMPLOYMENT RELATIONSHIPS.
(a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize
the Definition of Employee.--
(1) Definition of employee.--Section 3(e)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by
inserting before the period the following: ``, as determined
under the usual common law rules''.
(2) Definition of employ.--Section 3(g) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(g)) is amended by
inserting ``an employee'' after ``permit''.
(b) Clarification of Joint Employment.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint
employer of the employees of another employer only if
each employer directly, actually, and immediately, and
not in a limited and routine manner, exercises
significant control over the essential terms and
conditions of employment of the employees of the other
employer, such as hiring such employees, discharging
such employees, determining the rate of pay and
benefits of such employees, supervising such employees
on a day-to-day basis, assigning such employees a work
schedule, position, or task, or disciplining such
employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if
each employer meets the criteria set forth in section 2(2)(B)
of the National Labor Relations Act (29 U.S.C. 152(2)(B))
except that, for purposes of determining joint-employer status
under this Act, the terms `employee' and `employer' referenced
in such section shall have the meanings given such terms in
this section.''.
(c) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, none of the following may be construed, alone
or in combination with any other factor, as establishing an employer
and employee relationship between a franchisor (or any employee of the
franchisor) and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
SEC. 5. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any Indian Tribe,
or any enterprise or institution owned and operated by an
Indian Tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian Tribe' means any Indian Tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian Tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian Tribe or Indian or held by any Indian Tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
Federally recognized Indian Tribe.''.
<all>
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118HR2701 | Online Privacy Act of 2023 | [
[
"E000215",
"Rep. Eshoo, Anna G. [D-CA-16]",
"sponsor"
],
[
"L000397",
"Rep. Lofgren, Zoe [D-CA-18]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2701 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2701
To provide for individual rights relating to privacy of personal
information, to establish privacy and security requirements for covered
entities relating to personal information, and to establish an agency
to be known as the Digital Privacy Agency to enforce such rights and
requirements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Eshoo (for herself and Ms. Lofgren) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on the Judiciary, House Administration, 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 individual rights relating to privacy of personal
information, to establish privacy and security requirements for covered
entities relating to personal information, and to establish an agency
to be known as the Digital Privacy Agency to enforce such rights and
requirements, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Online Privacy Act
of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. General provisions.
Sec. 4. Limitation on disclosing nonredacted government records.
Sec. 5. Privacy considerations for legislative branch agencies.
Sec. 6. Criminal prohibition on doxxing.
TITLE I--INDIVIDUAL RIGHTS
Sec. 101. Right of access.
Sec. 102. Right of correction.
Sec. 103. Right of deletion.
Sec. 104. Right of portability.
Sec. 105. Right to human review of automated decisions.
Sec. 106. Right to individual autonomy.
Sec. 107. Right to be informed.
Sec. 108. Right to impermanence.
Sec. 109. Exemptions, exceptions, fees, timelines, and rules of
construction for rights under this title.
TITLE II--REQUIREMENTS FOR COVERED ENTITIES, SERVICE PROVIDERS, AND
THIRD PARTIES
Sec. 201. Minimization.
Sec. 202. Minimization and records of access by employees and
contractors.
Sec. 203. Prohibitions on disclosing of personal information.
Sec. 204. Disclosing to entities not subject to United States
jurisdiction or not compliant with this
Act.
Sec. 205. Prohibition on re-identification.
Sec. 206. Restrictions on collecting, processing, maintaining, and
disclosing contents of communications.
Sec. 207. Prohibition on discriminatory processing.
Sec. 208. Requirements for notice and consent processes and privacy
policies.
Sec. 209. Prohibition on ``dark patterns'' in notice and consent
processes and privacy policies.
Sec. 210. Notice and consent required.
Sec. 211. Privacy policy.
Sec. 212. Information security requirements.
Sec. 213. Notification of data breach or data-sharing abuse.
TITLE III--DIGITAL PRIVACY AGENCY
Sec. 301. Establishment; Director and Deputy Director.
Sec. 302. Agency powers and authorities.
Sec. 303. Reporting and audit requirements.
Sec. 304. Relation to other agencies.
Sec. 305. Personnel.
Sec. 306. Office of Civil Rights.
Sec. 307. Complaints of individuals.
Sec. 308. Advisory boards.
Sec. 309. Authorization of appropriations.
TITLE IV--ENFORCEMENT
Sec. 401. Investigations and administrative discovery.
Sec. 402. Hearings and adjudication proceedings.
Sec. 403. Litigation authority.
Sec. 404. Enforcement by States.
Sec. 405. Private rights of action.
Sec. 406. Relief available.
Sec. 407. Referral for criminal proceedings.
Sec. 408. Whistleblower enforcement.
TITLE V--RELATION TO OTHER LAW
Sec. 501. Effective date.
Sec. 502. Relation to other Federal law.
Sec. 503. Relation to State law.
Sec. 504. Severability.
TITLE VI--NIST AND NSF ACTIVITIES
Sec. 601. National Institute of Standards and Technology privacy
research and development.
Sec. 602. National privacy awareness and education initiative.
Sec. 603. National Science Foundation privacy research.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Digital Privacy
Agency established in section 301.
(2) Agency investigator.--The term ``Agency investigator''
means any attorney or investigator employed by the Agency who
is charged with the duty of enforcing or carrying into effect
any provision of this Act or a rule or order prescribed under
this Act.
(3) Behavioral personalization.--
(A) In general.--The term ``behavioral
personalization'' means the processing of an
individual's personal information, using an algorithm,
model, or other means--
(i) built using--
(I) that individual's personal
information collected over a period of
time; or
(II) an aggregate of the
information of one or more similarly
situated individuals; and
(ii) designed to--
(I) alter, influence, guide, or
predict that individual's behavior;
(II) tailor or personalize a
product or service to that individual;
or
(III) filter, sort, limit, promote,
display or otherwise differentiate
between specific content or categories
of content that would otherwise be
accessible to that individual.
(B) Exclusions.--The term ``behavioral
personalization'' does not include the use of
historical personal information to merely prevent the
display of or provide additional information about
previously accessed content.
(4) Collect.--The term ``collect'' includes, with respect
to personal information or the contents of any communication,
obtaining such information or contents in any manner, except
when solely transmitting, routing, providing intermediate
storage for, or providing connections for such personal
information or communication through a system or network.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Contents.--The term ``contents'', when used with
respect to communication, has the meaning given such term in
section 2510 of title 18, United States Code.
(7) Covered entity.--
(A) In general.--The term ``covered entity'' means
a person who--
(i) intentionally collects, processes, or
maintains personal information; and
(ii) sends or receives such personal
information over the internet or a similar
communications network.
(B) Exclusion.--The term ``covered entity'' does
not include a natural person, except to the extent such
person is engaged in a commercial activity that is more
than de minimis.
(8) Custodian.--The term ``custodian'' means the custodian
or any deputy custodian designated by the Agency.
(9) Data breach.--The term ``data breach'' means
unauthorized access to or acquisition of personal information
or contents of communications maintained by such covered
entity.
(10) Data-sharing abuse.--The term ``data-sharing abuse''
means processing, by a third party, of personal information or
contents of communications disclosed by a covered entity to the
third party, for any purpose other than--
(A) a purpose specified by the covered entity to
the third party at the time such personal information
or contents of communications was disclosed; or
(B) a purpose to which the individual to whom the
information relates has consented.
(11) De-identify.--
(A) In general.--The term ``de-identify'' means,
with respect to information, performing actions so that
such information cannot reasonably identify, relate to,
describe, reference, be capable of being associated
with, or be linked, directly or indirectly, to a
particular individual or device, but only to the extent
that the covered entity that uses such information--
(i) has performed such actions using best
practices for the types of data such
information contains;
(ii) has implemented technical safeguards
that prohibit re-identification of the
individual with whom such information was
linked;
(iii) has implemented business processes
that specifically prohibit re-identification of
the information;
(iv) has implemented business processes to
prevent inadvertent release of such
information; and
(v) makes no attempt to re-identify such
information.
(B) Determination by the director.--The Director
may determine that a methodology of de-identifying
personal information is insufficient for the purposes
of this paragraph.
(12) Director.--The term ``Director'' means the Director of
the Agency.
(13) Disclose.--The term ``disclose'' means, with respect
to personal information or contents of communication, to sell,
release, transfer, share, disseminate, make available, or
otherwise cause to be communicated, such information or
contents to a third party.
(14) Documentary material.--The term ``documentary
material'' includes the original or any copy of any book,
document, record, report, memorandum, paper, communication,
tabulation, chart, logs, electronic files, or other data or
data compilations stored in any medium.
(15) Federal agency.--The term ``Federal agency'' has the
meaning given to the term ``agency'' in section 3371 of title
5, United States Code.
(16) Federal privacy laws.--The term ``Federal privacy
laws'' includes the laws and regulations described in section
502.
(17) Government entity.--The term ``government entity''
means--
(A) a Federal agency;
(B) a State or political subdivision thereof;
(C) or any agency, authority, or instrumentality of
a State or political subdivision thereof.
(18) Individual.--The term ``individual'' means a natural
person residing in the United States.
(19) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(20) Maintain.--The term ``maintain'' means, with respect
to personal information or the contents of any communication,
to store, secure, or otherwise cause the retention of such
information or contents, or to take actions necessary for
storing, securing, or otherwise causing the retention of such
information or contents.
(21) Nonpublic information.--The term ``nonpublic
information'' means information that has not been disclosed in
a criminal, civil, or administrative proceeding, in a
government investigation, report, or audit, or by the news
media or other public source of information, and that was not
obtained in violation of the law.
(22) Personal information.--
(A) In general.--The term ``personal information''
means any information maintained by a covered entity
that, on its own or combined with other information, is
linked or reasonably linkable to a specific individual
or a specific device, including de-identified personal
information and the means to behavioral personalization
created for or linked to a specific individual.
(B) Exclusions.--The term ``personal information''
does not include--
(i) publicly available information linked
to an individual; or
(ii) information derived or inferred from
personal information, if the derived or
inferred information is not linked or
reasonably linkable to a specific individual.
(23) Privacy harm.--The term ``privacy harm'' means an
adverse consequence or a potential adverse consequence to an
individual, a group of individuals, or society caused from
collecting, processing, maintaining, or disclosing of personal
information or contents of communications, including--
(A) direct or indirect financial loss or economic
harm;
(B) physical harm;
(C) psychological harm, including anxiety,
embarrassment, fear, and other trauma;
(D) adverse outcomes or decisions with respect to
the eligibility of an individual for rights, benefits,
or privileges in employment (including hiring, firing,
promotion, demotion, and compensation), credit and
insurance (including denial of an application or
obtaining less favorable terms), housing, education,
professional certification, or the provision of health
care and related services;
(E) stigmatization or reputational harm;
(F) price discrimination;
(G) adverse consequences that affect the private
life of an individual, including private family matters
and actions and communications within the home of such
individual or a similar physical, online, or digital
location where such individual has a reasonable
expectation that personal information will not be
collected, processed, or maintained;
(H) the chilling of free expression or action of an
individual, a group of individuals, or society, due to
perceived or actual pervasive and excessive collecting,
processing, disclosing, or maintaining of personal
information or contents of communications;
(I) impairing the autonomy of an individual, a
group of individuals, or society; and
(J) other adverse consequences or potential adverse
consequences, consistent with the provisions of this
Act, as determined by the Director.
(24) Privacy-preserving computing.--
(A) In general.--The term ``privacy-preserving
computing'' means the collecting, processing,
disclosing, or maintaining of personal information that
has been encrypted or otherwise rendered unintelligible
using a means that cannot be reversed by a covered
entity, or a covered entity's service provider, such
that--
(i) if such personal information could be
rendered intelligible through cooperation or
sharing of cryptographic secrets by multiple
persons, the covered entity has both technical
safeguards and business processes to prevent
such cooperation or sharing;
(ii) if such personal information is
rendered intelligible within a hardware
processing unit or other means of performing
operations on the information, there are
technical safeguards that, during the normal
course of operation--
(I) prevent rendering personal
information intelligible anywhere but
within the hardware processing unit or
other means of performing operations;
and
(II) make the exporting or
otherwise observing of such
intelligible information, or the
cryptographic secret used to protect
such information, impossible; and
(iii) if the result of such processing of
the personal information is also personal
information, such result must be unintelligible
to the covered entity or service provider and
protected by privacy-preserving computing.
(B) Insufficient methodologies.--The Director may
determine that a methodology of privacy-preserving
computing is insufficient for the purposes of this
definition.
(25) Process.--The term ``process'' means to perform or
cause to be performed any operation or set of operations on
personal information or contents of communication, whether or
not by automated means.
(26) Protected class.--The term ``protected class'' means
the actual or perceived race, color, ethnicity, national
origin, religion, sex (including sexual orientation and gender
identity or expression), familial status, or disability of an
individual or group of individuals.
(27) Publicly available information.--The term ``publicly
available information''--
(A) means--
(i) information that is lawfully made
available from a government entity;
(ii) information linked to a public
individual or official that is made publicly
accessible, without restrictions on
accessibility other than the general
authorization to access the services used to
make the information accessible;
(iii) information of an individual that--
(I) is made publicly accessible by
such individual, without restrictions
on accessibility other than the general
authorization to access the services
used to make the information
accessible; and
(II) such individual has the
ability to delete or change without
relying on a request under section 102
or 103; and
(B) does not include--
(i) biometric information of an individual
collected by a covered entity without the
individual's knowledge;
(ii) information used for a purpose that is
not compatible with the purpose for which the
information is maintained and made available in
government records;
(iii) information obtained from government
records for the purpose of selling such
information; or
(iv) information used to contact or locate
a private individual either physically or
electronically.
(28) Reasonable mechanism.--The term ``reasonable
mechanism'' means, in the case of a mechanism for individuals
to exercise a right under title I or interact with a covered
entity under title II, a mechanism that--
(A) is equivalent in availability and ease of use
to that of other mechanisms for communicating or
interacting with the covered entity; and
(B) includes an online means of exercising such
right or engaging in such interaction, if such
individuals communicate or interact with such covered
entity through an online medium or if such covered
entity provides information processing services through
a public or widely available application programming
interface (or similar mechanism).
(29) Sell and sale.--
(A) In general.--The terms ``sell'' and ``sale''
mean the disclosing of personal information for
monetary consideration or for a thing of value by a
covered entity to a third party for the purposes of
processing, maintaining or disclosing such personal
information at the third party's discretion.
(B) Exclusions.--The terms ``sell'' and ``sale'' do
not include--
(i) the disclosing of personal information
of an individual to a third party with which
the individual has a direct relationship for
purposes of providing a product or service
requested by the individual or otherwise in a
manner that is consistent with an individual's
reasonable expectations considering the context
in which the individual provided the personal
information to the covered entity;
(ii) the disclosing or transfer of personal
information to a subsidiary or an affiliate of
the covered entity; or
(iii) the disclosing or transfer of
personal information to a third party as an
asset that is part of a merger, acquisition,
bankruptcy, or other transaction in which the
third party assumes control of all or part of
the covered entity's assets, unless personal
information makes up the majority of the value
of the assets of which the third party assumes
control.
(30) Service provider.--
(A) In general.--The term ``service provider''
means a covered entity that--
(i) processes, discloses, or maintains
personal information, where such covered entity
does not process, disclose, or maintain the
personal information other than in accordance
with the directions and on behalf of another
covered entity;
(ii) does not directly collect personal
information from or control the mechanism for
collecting personal information from an
individual;
(iii) does not earn revenue from
processing, maintaining, or disclosing personal
information disclosed to such covered entity by
another covered entity except by providing
contracted services to such other covered
entity;
(iv) does not disclose personal information
to another covered entity unless such personal
information was provided by such other covered
entity or resulted from maintaining or
processing performed on personal information
exclusively provided by such other covered
entity;
(v) does not offer services that allow
another covered entity to target specific
individuals using personal information not
provided by such other covered entity;
(vi) with respect to personal information
processed or maintained by such covered entity
on behalf of another covered entity, assists
such other covered entity in complying with
title I, including providing tools for such
other covered entity to comply with such
requirements if requested; and
(vii) does not link the personal
information provided by another covered entity
to personal information from any other source.
(B) Treatment.--A covered entity shall be treated
as a service provider under this Act only to the extent
that such covered entity is acting as a service
provider, as defined in subparagraph (A).
(31) Significant privacy harm.--The term ``significant
privacy harm'' means adverse consequences to an individual
arising from the collecting, processing, maintaining, or
disclosing of personal information or contents of
communications, limited to subparagraph (A), (B), or (D) of
paragraph (23).
(32) Small business.--The term ``small business'' means a
covered entity that--
(A) does not earn revenue from the sale of personal
information;
(B) earns less than half of annual revenues from
the processing of personal information for targeted or
personalized advertising;
(C) has not, in combination with each subsidiary
and affiliate of the service, maintained personal
information of 250,000 or more individuals for 3 or
more of the preceding 12 months;
(D) has fewer than 200 employees; and
(E) received less than $25,000,000 in gross revenue
in the preceding 12-month period.
(33) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(34) State attorney general.--The term ``State attorney
general'' means, with respect to a State, the attorney general
or chief law enforcement officer of the State, or another
official or agency designated by the State to bring civil
actions on behalf of the State or the residents of the State.
(35) State privacy regulator.--The term ``State privacy
regulator'' means an agency or instrumentality of a State that
has the primary purpose of administering, implementing, or
enforcing a privacy law or associated rules or regulations.
(36) Third party.--The term ``third party'' means, with
respect to a covered entity, a person--
(A) to which such covered entity disclosed personal
information; and
(B) that is not--
(i) such covered entity;
(ii) a subsidiary or corporate affiliate of
such covered entity; or
(iii) a service provider of such covered
entity.
(37) Users.--The term ``users'' means, with respect to a
product or service, the monthly active users, subscribers, or
customers (or a reasonable proxy or substitute therefor
determined by the Director) of such product or service.
(38) Violation.--The term ``violation'' means, except where
otherwise specified, any act or omission that, if proved, would
constitute a violation of any provision of this Act or a rule
or order issued pursuant to this Act.
SEC. 3. GENERAL PROVISIONS.
(a) Rules of Construction With Respect to Personal Information and
Individuals.--In this Act--
(1) any reference to information as being of or belonging
to an individual shall be construed to mean that such
information is linked or reasonably linkable to such individual
as described in section 2(21)(A); and
(2) any reference to any communication as being of or
belonging to an individual shall be construed to mean that such
individual is party to such communication.
(b) Prohibition on Waivers.--
(1) In general.--The provisions under this Act may not be
waived. Any agreement purporting to waive compliance with or
modifying any provision of this Act shall be void as contrary
to public policy.
(2) Prohibition on predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or enforceable
with respect to any claims under this Act.
(c) Journalism Protection.--
(1) In general.--Covered entities engaged in journalism
shall not be subject to the obligations imposed under this Act
to the extent that those obligations directly infringe on the
journalism rather than the business practices of the covered
entity, so long as the covered entity has technical safeguards
and business processes that prevent the collecting, processing,
maintaining, or disclosing of such personal information for
business practices other than journalism.
(2) Journalism.--The term ``journalism'' includes the
collecting, maintaining, processing, and disclosing of personal
information about a public individual or official, or that
otherwise concerns matters of public interest, for
dissemination to the public.
(d) Small Business Compliance Ramp.--Upon losing its status as a
small business, a covered entity shall have nine months to comply with
provisions of this Act that a small business is exempt from complying
with.
(e) Prohibition on Collecting, Maintaining, Processing, or
Disclosing Personal Information.--A covered entity may not collect,
maintain, process, or disclose personal information using a channel of
interstate commerce unless such covered entity is in compliance with
all requirements of this Act.
SEC. 4. LIMITATION ON DISCLOSING NONREDACTED GOVERNMENT RECORDS.
(a) In General.--A government entity may not use a channel of
interstate commerce to disclose the personal information of an
individual in a government record without an agreement prohibiting the
recipient of such information from selling the information without the
express consent of the individual.
(b) Exception.--Notwithstanding subsection (a), nothing in this
section shall prohibit the disclosure of personal information using a
channel of interstate commerce to another government entity without
consent of the individual.
SEC. 5. PRIVACY CONSIDERATIONS FOR LEGISLATIVE BRANCH AGENCIES.
(a) Government Publishing Office.--
(1) Privacy responsibilities of the director.--
(A) In general.--Chapter 3 of title 44, United
States Code, is amended by inserting at the end the
following:
``Sec. 319. Privacy responsibilities of the Director of the Government
Publishing Office
``The Director of the Government Publishing Office shall identify
and implement appropriate measures to prevent the disclosure of
personal information by the Government Publishing Office and to
minimize the risk of privacy harms in its operations.''.
(B) Clerical amendment.--The table of sections for
chapter 3 of title 44, United States Code, is amended
by inserting after the item relating to section 318 the
following:
``319. Privacy responsibilities of the Director of the Government
Publishing Office.''.
(2) Privacy safeguards for published documents.--Section
1701 of title 44, United States Code, is amended by striking
``the publication.'' in the last sentence of the first
paragraph and inserting ``the publication, and only after
conducting an appropriate review or implementing other
appropriate measures to prevent the disclosure of personal
information and minimize the risks of privacy harms in such
publication.''.
(3) Privacy safeguards in the depository library program.--
Section 1902 of title 44, United States Code, is amended by
inserting at the end the following: ``The Superintendent of
Documents shall assess the risks of disclosure of personal
information and related privacy harms in publications made
available to and by depository libraries and shall implement
appropriate measures to minimize such risks, including to the
extent necessary by imposing obligations upon depository
libraries.''.
(b) Library of Congress.--The first paragraph under the center
heading ``Library of Congress'' under the center heading
``LEGISLATIVE'' of the Act entitled ``An Act Making appropriations for
the legislative, executive, and judicial expenses of the Government for
the fiscal year ending June thirtieth, eighteen hundred and ninety-
eight, and for other purposes'', approved February 19, 1897 (2 U.S.C.
136), is amended by striking at the end ``Library.'' and inserting
``Library, including by identifying and implementing appropriate
measures to prevent the disclosure of personal information by the
Library and to minimize the risk of privacy harms in its operations.''.
(c) Smithsonian Institution.--Section 7 of the Act entitled ``An
Act to establish the `Smithsonian Institution' for the increase and
diffusion of knowledge among men'', approved August 10, 1846 (20 U.S.C.
46), is amended by adding at the end the following: ``The Secretary
shall assess the risks of disclosure of personal information by the
institution and related privacy harms and shall implement appropriate
measures to minimize such risks.''.
(d) Chief Administrative Officer of the House of Representatives.--
(1) In general.--Subchapter III of chapter 55 of title 2,
United States Code, is amended by inserting at the end the
following:
``Sec. 5549. Privacy responsibilities
``The Chief Administrative Officer of the House of Representatives
shall identify and implement appropriate measures to prevent the
disclosure of personal information and to minimize the risk of privacy
harms in its areas of operational and financial responsibility.''.
(2) Clerical amendment.--The table of sections for
subchapter III of chapter 55 of title 2, United States Code, is
amended by inserting after the item relating to section 5548
the following:
``5549. Privacy responsibilities.''.
SEC. 6. CRIMINAL PROHIBITION ON DOXXING.
(a) In General.--Chapter 41 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 881. Disclosing of personal information with the intent to cause
harm
``(a) In General.--Whoever uses a channel of interstate or foreign
commerce to knowingly disclose an individual's personal information
with the intent--
``(1) to threaten, intimidate, or harass any person, incite
or facilitate the commission of a crime of violence against any
person, or place any person in reasonable fear of death or
serious bodily injury; or
``(2) that the information will be used to threaten,
intimidate, or harass any person, incite or facilitate the
commission of a crime of violence against any person, or place
any person in reasonable fear of death or serious bodily
injury,
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Definitions.--In this section:
``(1) Contents.--The term `contents' when used with respect
to communication, has the meaning given such term in section
2510 of title 18, United States Code.
``(2) Disclose.--The term `disclose' means, with respect to
personal information or contents of communication, to sell,
release, transfer, share, disseminate, make available, or
otherwise cause to be communicated such information or contents
to a third party.
``(3) Government entity.--The term `government entity'
means--
``(A) a Federal agency (as such term is defined in
section 3371 of title 5, United States Code);
``(B) a State or political subdivision thereof; or
``(C) any agency, authority, or instrumentality of
a State or political subdivision thereof.
``(4) Individual.--The term `individual' means a natural
person residing in the United States.
``(5) Personal information.--
``(A) In general.--The term `personal information'
means any information maintained by a person that, on
its own or combined with other information, is linked
or reasonably linkable to a specific individual.
``(B) Exclusions.--The term `personal information'
does not include--
``(i) publicly available information linked
to an individual; or
``(ii) information derived or inferred from
personal information, if the derived or
inferred information is not linked or
reasonably linkable to a specific individual.
``(6) Publicly available information.--The term `publicly
available information'--
``(A) means--
``(i) information that is lawfully made
available from a government entity;
``(ii) information linked to a public
individual or official that is made publicly
accessible, without restrictions on
accessibility other than the general
authorization to access the services used to
make the information accessible;
``(iii) information of an individual that--
``(I) is made publicly accessible
by such individual, without
restrictions on accessibility other
than the general authorization to
access the services used to make the
information accessible; and
``(II) such individual has the
ability to delete or change; and
``(B) does not include--
``(i) biometric information of an
individual collected by a covered entity
without the individual's knowledge;
``(ii) information used for a purpose that
is not compatible with the purpose for which
the information is maintained and made
available in government records;
``(iii) information obtained from
government records for the purpose of selling
such information; or
``(iv) information used to contact or
locate a private individual either physically
or electronically.
``(7) State.--The term `State' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.''.
(b) Clerical Amendment.--The table of sections for chapter 41 of
title 18, United States Code, is amended by inserting after the item
relating to section 880 the following:
``881. Disclosing of personal information with the intent to cause
harm.''.
TITLE I--INDIVIDUAL RIGHTS
SEC. 101. RIGHT OF ACCESS.
(a) In General.--A covered entity shall make available a reasonable
mechanism by which an individual may access--
(1) the categories of personal information and contents of
communications of such individual that is maintained by such
covered entity, including, in the case of personal information
that such covered entity did not collect from such individual,
how and from whom such covered entity obtained such personal
information;
(2) a list of the third parties, subsidiaries, and
corporate affiliates, to which such covered entity has
disclosed and from which such covered entity has, at any time
on or after the effective date of this Act, obtained the
personal information of such individual;
(3) a concise and clear description of the business or
commercial purposes of such covered entity--
(A) for collecting, processing, or maintaining the
personal information of such individual; and
(B) for disclosing to a third party the personal
information of such individual; and
(4) a list of automated decision-making processes that an
individual has a right to request human review of under section
105 with a concise and clear description of the implications
and intended effects of each such process.
(b) Exception for Publicly Accessible Information.--A covered
entity that makes available information required in subsection (a)
shall be considered in compliance with such requirements if the covered
entity provides an individual with instructions on how to access a
public posting of such information, including in a privacy policy, if
the instructions are easy and do not require payment.
(c) Small Businesses Excluded.--Subsection (a)(3) does not apply to
a small business.
SEC. 102. RIGHT OF CORRECTION.
(a) Dispute by Individual.--A covered entity shall make available a
reasonable mechanism by which an individual may dispute the accuracy or
completeness of personal information linked to such individual that is
maintained by such covered entity if such information is processed in
any way, by such covered entity, a third party of such covered entity,
or a service provider of such covered entity that may increase
reasonably foreseeable significant privacy harms.
(b) Correction by Covered Entity.--A covered entity receiving a
dispute under subsection (a) shall--
(1) correct or complete (as the case may be) the disputed
information and notify such individual that the correction or
completion has been made; or
(2) notify such individual that--
(A) the disputed information is correct or
complete;
(B) such covered entity lacks sufficient
information to correct or complete the disputed
information; or
(C) such covered entity is denying the request for
correction or completion in reliance on an exemption or
exception provided by section 109(g).
(c) Small Businesses Excluded.--This section does not apply to a
small business.
SEC. 103. RIGHT OF DELETION.
(a) Request by Individual.--A covered entity shall make available a
reasonable mechanism by which an individual may request the deletion of
personal information and contents of communications of such individual
maintained by such covered entity, including any such information that
such covered entity acquired from a third party or inferred from other
information maintained by such covered entity.
(b) Deletion by Covered Entity.--A covered entity receiving a
request for deletion under subsection (a) shall--
(1) delete such information and notify such individual that
such information has been deleted; or
(2) notify such individual that such covered entity is
denying the request for deletion in reliance on an exemption or
exception provided by section 109(g).
SEC. 104. RIGHT OF PORTABILITY.
(a) Determination of Portable Categories.--
(1) Annual determination.--Not less frequently than once
per calendar year, the Director shall--
(A) establish categories of products and services
offered by covered entities, based on similarities in
the products and services;
(B) determine which categories established under
subparagraph (A) are portable categories; and
(C) publish in the Federal Register a list of
portable categories determined under subparagraph (B).
(2) Opportunity for public comment.--Before publishing the
final list under paragraph (1)(C), the Director shall--
(A) publish a draft of such list in the Federal
Register; and
(B) provide an opportunity for public comment on
such draft list.
(b) Exercise of Right.--
(1) In general.--A covered entity that offers a product or
service in a portable category and that maintains personal
information or the contents of any communications of an
individual shall make available to such individual a reasonable
mechanism by which such individual may--
(A) download, in a format that is structured,
commonly used, and machine readable--
(i) any such personal information that such
individual has provided to such covered entity,
with the option to download such information by
category that is accessible under section 101;
and
(ii) the contents of any such
communications; and
(B) using a real-time application programming
interface, or similar mechanism, transmit all such
personal information (whether or not provided to such
covered entity by such individual) and the contents of
any such communication from such covered entity to
another covered entity in accordance with subsection
(c).
(2) Requirements for application programming interface.--
The application programming interface, or similar mechanism,
required by paragraph (1)(B) shall--
(A) be publicly documented;
(B) allow the option of obtaining any personal
information of an individual that the individual has
provided to the covered entity, if such information is
accessible under section 101;
(C) include a publicly available, fully functional
test version for development purposes; and
(D) be of similar quality to mechanisms used
internally by the covered entity.
(c) Requirements for Access to an Application Programming
Interface.--
(1) Access.--Except as provided in paragraph (2)(A), a
covered entity shall provide access to the application
programming interface or similar mechanism required by
subsection (b)(1)(B) upon the request of another covered entity
if the requesting covered entity has self-certified, using the
procedures established by the Director under paragraph (3)(A),
that such requesting covered entity--
(A) is a covered entity;
(B) can have personal information disclosed to it
under section 204;
(C) is, at the time of the self-certification, in
compliance with all applicable requirements of this Act
(including provisions a small business is otherwise
exempt from complying with);
(D) will continue to comply with all requirements
of this Act; and
(E) will only use such application programming
interface or similar mechanism at the express request
of an individual.
(2) Denial of access.--
(A) In general.--A covered entity may deny access
to the application programming interface or similar
mechanism required by subsection (b)(1)(B) if such
covered entity has an objective, reasonable belief that
the requesting covered entity has failed to meet the
requirements for self-certification under paragraph
(1).
(B) Review.--In accordance with the procedures
established under paragraph (3)(B), a covered entity
the request of which is denied under subparagraph (A)
may petition the Director for review of the denial. If
the Director finds that such denial is unreasonable,
the Director shall impose a penalty, to be established
in such procedures, on the covered entity that denied
the request.
(3) Certification and review procedures.--The Director
shall establish--
(A) procedures for a covered entity to self-certify
under paragraph (1); and
(B) procedures for the review of petitions under
paragraph (2)(B), including penalties for unreasonable
denials.
(d) Small Businesses Excluded.--This section does not apply to a
small business.
(e) Portable Category Defined.--In this section, the term
``portable category'' means a category of products and services
established by the Director under subsection (a)(1)(A)--
(1) for which the sum obtained by adding the number of
users or estimated users of each product or service in such
category is greater than 10,000,000; and
(2) that--
(A) has an estimated Herfindahl-Hirschman Index of
2,000 or greater;
(B) has 3 or fewer covered entities offering
products and services in such category; or
(C) the Director otherwise determines that a
category would benefit from encouraging increased
competition.
SEC. 105. RIGHT TO HUMAN REVIEW OF AUTOMATED DECISIONS.
For any decision by a covered entity based solely on automated
processing of personal information of an individual, if such processing
materially increases reasonably foreseeable significant privacy harms
for such individual, such covered entity shall--
(1) inform such individual of what personal information is
being or may be used for such decision;
(2) make available a reasonable mechanism by which such
individual may request human review of such decision, upon
request or in a publicly accessible location; and
(3) if such individual requests such a review, conduct such
review within a reasonable amount of time after such request.
SEC. 106. RIGHT TO INDIVIDUAL AUTONOMY.
(a) In General.--A covered entity shall not collect, process,
maintain, or disclose an individual's personal information to--
(1) create, improve upon, or maintain;
(2) process with; or
(3) otherwise link an individual with;
an algorithm, model, or other means designed for behavioral
personalization, without the affirmative express consent of that
individual.
(b) Consent.--A covered entity must obtain express affirmative
consent from an individual before it may provide a behaviorally
personalized version of a product or service, and not less than every
calendar year thereafter. Where consent is denied, a covered entity
must provide the product or service without behavioral personalization.
(c) Exceptions to Providing Product or Service.--
(1) Where the offering of a substantially similar product
or service without behavioral personalization is infeasible, a
covered entity shall provide, to the greatest extent feasible,
a core aspect or part of the product or service that can be
offered without behavioral personalization.
(2) Where no core aspect or part of the product or service
can function in a substantially similar function without
behavioral personalization, a covered entity may deny providing
an individual use of such product or service if such individual
does not consent to behavioral personalization as required in
subsection (a).
(d) Exception to Behavioral Processing.--Notwithstanding
subsections (a) and (b), a covered entity may process personal
information to create or operate behavioral personalization algorithms,
models, or other mechanisms for the purpose of increasing the usability
of the product or service provided by a covered entity that--
(1) are built using aggregated personal information that is
representative of all the personal information the covered
entity maintains; and
(2) have an output that is both uniform across the
individuals that use the product or service and independent of
a specific individual's inherent or behavioral characteristics.
(e) Usability.--The term ``usability'' as used in subsection (d)
does not include optimizations or other alterations to the product or
service that are made with the primary purpose of increasing the amount
of time an individual engages with or uses the product or service,
unless such increase benefits the individual.
(f) Small Businesses Excluded.--This section does not apply to a
small business.
SEC. 107. RIGHT TO BE INFORMED.
A covered entity that collects personal information of an
individual with whom such covered entity does not have an existing
relationship (as of the time of the collecting), if such personal
information includes contact information, shall notify such individual
within 30 days, in writing if possible and at no charge to the
individual, that such covered entity has collected the personal
information of such individual.
SEC. 108. RIGHT TO IMPERMANENCE.
(a) Limitation on Maintaining of Personal Information.--A covered
entity shall not maintain personal information for more time than
expressly consented to by an individual whose personal information is
being maintained.
(b) Consent.--A covered entity must obtain express affirmative
consent from an individual before maintaining the personal information
of such individual for any duration. Such consent may be obtained for
categories of personal information and shall give an individual options
to affirmatively choose granting a covered entity consent for various
durations, at least including--
(1) for no longer than needed to complete the specific
request or transaction (including a reasonable estimate of such
duration by the covered entity);
(2) until consent is revoked; and
(3) one or more additional durations based on reasonable
expectations and norms for maintaining the category of personal
information.
(c) Exception for Implied Consent.--Where the long-term maintaining
of personal information is, on its face, obvious and a core feature of
the product or service at the request of the individual, and the
personal information is maintained only to provide such product or
service, subsections (a) and (b) shall not apply.
SEC. 109. EXEMPTIONS, EXCEPTIONS, FEES, TIMELINES, AND RULES OF
CONSTRUCTION FOR RIGHTS UNDER THIS TITLE.
(a) Exemptions for Personal Information for Particular Purposes.--
(1) In general.--This title does not apply with respect to
personal information that is collected, processed, maintained,
or disclosed for any of the following purposes (or a
combination of such purposes), where a covered entity has
technical safeguards and business processes that limit
collecting, processing, maintaining, or disclosing of such
personal information to the following purposes:
(A) Detecting, responding to, or preventing
security incidents or threats.
(B) Protecting against malicious, deceptive,
fraudulent, or illegal activity.
(C) A good faith response to, or compliance with, a
valid subpoena, court order, or warrant (including a
subpoena and court order obtained by an entity that is
not a government entity) or otherwise providing
information as required by law.
(D) Protecting a legally recognized privilege or
other legal right.
(E) Protecting public safety.
(F) Collecting, processing, or maintaining by an
employer pursuant to an employer-employee relationship
of records about employees or employment status,
except--
(i) where the information would not be
reasonably expected to be collected in the
context of an employee's regular duties; or
(ii) was disclosed to the employer by a
third party.
(G) Preventing prospective abuses of a service by
an individual whose account has been previously
terminated.
(H) Routing a communication through a
communications network or resolving the location of a
host or client on a communications network.
(I) Providing transparency in advertising or
origination of user-generated content.
(2) Re-identification.--Where compliance with this title
would require the re-identification of de-identified personal
information, and the covered entity does not already maintain
the information necessary for such re-identification, the
covered entity shall be exempt from such compliance, except for
requirements under section 106.
(3) Disclosing.--A covered entity relying on an exemption
under paragraph (1) with respect to personal information shall
disclose in the privacy policy maintained by such entity under
section 211--
(A) the reason for which such information is
collected, processed, maintained, or disclosed; and
(B) a description of the rights provided by this
title that are not available with respect to such
personal information by reason of such exemption.
(b) Exceptions for Particular Requests.--
(1) In general.--A covered entity may deny the request of
an individual under this title if--
(A) such covered entity cannot confirm the identity
of such individual;
(B) such covered entity determines that granting
the request of such individual would create a
legitimate risk to the privacy, security, safety, or
other rights of another individual;
(C) such covered entity determines that granting
the request of such individual would create a
legitimate risk to free expression; or
(D) the personal information requested to be
corrected under section 102 or deleted under section
103--
(i) is necessary to the completion of a
transaction initiated before such request was
made or the performance of a contract entered
into before such request was made;
(ii) was collected specifically for the
completion of such transaction or the
performance of such contract; and
(iii) would undermine the integrity of a
legally significant transaction.
(2) Limitations on requests for additional information to
confirm identity.--A covered entity may not deny a request of
an individual under paragraph (1)(A) on the basis of the
refusal of such individual to provide additional personal
information to such covered entity to confirm the identity of
such individual--
(A) if the identity of such individual can
reasonably be confirmed using personal information of
such individual that such covered entity (as of the
time of the request) already maintains; or
(B) if such individual has an existing relationship
(as of the time of the request) with such covered
entity, such individual has confirmed the identity of
such individual to such covered entity in the same
manner as for other transactions of a similar
sensitivity.
(c) Exemption for Service Providers.--This title does not apply to
a service provider.
(d) Exemption for Privacy-Preserving Computing.--Except for
sections 101, 105, and 106, this title does not apply to personal
information secured using privacy-preserving computing.
(e) Timeline for Complying With a Request.--Without undue delay but
not longer than 30 days after the request, a covered entity that
receives a request under this title must--
(1) comply with such request; or
(2) inform such individual of the reason for denying such
request, as allowed under subsection (a) or (b).
(f) Fees Prohibited.--
(1) In general.--Except as provided in paragraph (2), a
covered entity may not charge a fee to an individual for a
request made under this title.
(2) Unfounded or excessive requests.--If a request under
this title is unfounded or excessive, a covered entity may
charge a reasonable fee that reflects the estimated
administrative costs of complying with such request.
(3) Agency notice.--If a covered entity plans to charge a
fee under paragraph (2), it must notify the Agency at least 7
days before charging such fee.
(4) Agency review.--The Director may reject any fee that a
covered entity plans to charge for a request made under this
title if the Agency finds--
(A) such fee to be unreasonable relative to
reasonable administrative costs of complying with a
request under this title; or
(B) such request is not unfounded or excessive.
(g) Rules of Construction.--Nothing in this title shall be
construed to require a covered entity to--
(1) take an action that would convert information that is
not personal information into personal information;
(2) collect or maintain personal information or contents of
communication that the covered entity would otherwise not
maintain (including record of an individual exercising rights
under this title); or
(3) maintain personal information or contents of
communication longer than the covered entity would otherwise
maintain such personal information.
(h) Regulations.--The Director shall promulgate regulations to
implement this section.
TITLE II--REQUIREMENTS FOR COVERED ENTITIES, SERVICE PROVIDERS, AND
THIRD PARTIES
SEC. 201. MINIMIZATION.
(a) Articulated Basis.--A covered entity shall have a reasonable,
articulated basis for collecting, processing, maintaining, and
disclosing of personal information that takes into account the
reasonable business needs of the covered entity and minimum amount of
personal information necessary for providing the service, balanced with
the intrusion on the privacy of, potential privacy harms to, and
reasonable expectations of individuals to whom the personal information
relates.
(b) Minimization of Collecting, Processing, Maintaining, and
Disclosing.--
(1) Collecting.--A covered entity may not collect more
personal information than is reasonably needed to provide a
product or service that an individual has requested.
(2) Processing.--A covered entity may not process personal
information for a purpose other than the purpose for which such
information was originally collected from the individual or in
the case of a service provider, a purpose other than that which
is in accordance with the directions of a covered entity.
(3) Maintaining.--A covered entity may not maintain
personal information once such information is no longer needed
for the purpose for which such information was originally
collected from the individual or in the case of a service
provider, a purpose other than that which is in accordance with
the directions of a covered entity.
(4) Disclosing.--A covered entity may not disclose personal
information for a purpose other than the purpose for which such
information was originally collected from the individual or in
the case of a service provider, a purpose other than that which
is in accordance with the directions of a covered entity.
(c) Ancillary Collecting, Processing, Maintaining, and
Disclosing.--Notwithstanding subsection (b), a covered entity may
collect, process, disclose, or maintain personal information beyond
limitations under subsection (b) only if such covered entity complies
with this subsection.
(1) No notice or consent required.--A covered entity may
collect, process, or maintain personal information without
additional notice or consent if the purpose for such
collecting, processing, or maintaining is substantially similar
to the type of personal information and purpose for which such
personal information was originally collected and such
ancillary collecting, processing, or maintaining will not
result in additional or increased privacy harms.
(2) Notice required.--A covered entity shall provide notice
of ancillary collecting, processing, maintaining, or disclosing
of personal information in the case of one, but not more than
one, of the following instances:
(A) Such ancillary collecting, processing,
maintaining, or disclosing may result in additional or
increased privacy harms (but not increased significant
privacy harms), and is substantially similar to the
purpose for which such personal information was
originally collected.
(B) Such ancillary collecting, processing,
maintaining, or disclosing is not substantially similar
to the purpose for which such personal information was
originally collected, but will not result in additional
or increased privacy harms.
(C) Such ancillary collecting, processing,
maintaining, or disclosing may result in additional or
increased privacy harms (but not increased significant
privacy harms) and the purpose is not substantially
similar to the purpose for which such personal
information was originally collected, so long as the
personal information is secured using privacy-
preserving computing.
(3) Notice and consent required.--For scenarios not covered
under paragraph (1) or (2), and notwithstanding sections
208(b)(2) and (3), a covered entity shall provide notice of and
obtain consent for ancillary collecting, processing,
maintaining, or disclosing of personal information.
(d) Substitution.--In cases in which personal information can be
replaced with artificial personal information, personal information
that has been de-identified, or the random personal information of one
or more individuals without substantially reducing the utility of the
data or requiring an unreasonable amount of effort, such a replacement
shall take place.
SEC. 202. MINIMIZATION AND RECORDS OF ACCESS BY EMPLOYEES AND
CONTRACTORS.
(a) Minimization.--A covered entity shall restrict access to
personal information and contents of communications by the employees or
contractors of such covered entity based on an articulated balance
between the potential for privacy harm, reasonable expectations of
individuals to whom the personal information relates, and reasonable
business needs.
(b) Records of Access.--
(1) In general.--A covered entity shall maintain records
identifying each instance in which an employee or a contractor
of such covered entity accesses personal information or
contents of communications if disclosing such personal
information or contents of communication, or a data breach or
data-sharing abuse involving such personal information or
contents of communication, may foreseeably result in increased
privacy harms.
(2) Information required.--The records required by
paragraph (1) shall include the following:
(A) A unique identifier for the employee or
contractor accessing personal information or contents
of communications.
(B) The date and time of access.
(C) The fields of information accessed.
(D) The individuals whose personal information was
accessed or the contents of whose communications were
accessed.
(3) Small businesses excluded.--This subsection does not
apply to a small business.
SEC. 203. PROHIBITIONS ON DISCLOSING OF PERSONAL INFORMATION.
(a) Consent for Disclosing Required.--
(1) In general.--A covered entity may not intentionally
disclose personal information unless the covered entity obtains
consent of the individual whose personal information is being
disclosed for each category of third party to which such
personal information will be disclosed. Such covered entity
must also provide such individual with notice of--
(A) each category of third party;
(B) the personal information to be disclosed; and
(C) a concise and clear description of the business
or commercial purpose for disclosing such personal
information.
(2) Additional requirements for sale of personal
information.--
(A) In general.--A covered entity may not
intentionally sell personal information unless the
covered entity--
(i) obtains the consent required by
paragraph (1) for disclosing such personal
information; and
(ii) provides the individual to whom such
personal information relates with the identity
of the specific third party to which such
personal information will be disclosed.
(B) Disclosing services.--Subparagraph (A) shall
not apply to a covered entity in a case in which an
individual is directing the covered entity to disclose
the personal information of such individual for the
sole purpose of procuring goods or services, or offers
for goods or services, for such individual, if there is
a reasonable mechanism for the individual to withdraw
consent.
(3) Requirement to include original purpose of
collecting.--A covered entity may not intentionally disclose
personal information without including the purpose for which
the personal information was originally collected.
(4) Exception for privacy-preserving computing.--
Notwithstanding paragraph (1), consent is not required for
disclosing (not including selling) personal information secured
using privacy-preserving computing.
(5) Exception for de-identified personal information.--
Notwithstanding paragraph (1), consent is not required for
disclosing (not including selling) de-identified personal
information where the disclosed personal information is limited
to the narrowest possible scope likely to yield the intended
benefit and contractual obligations are in place that
prohibit--
(A) re-identification of the disclosed personal
information; and
(B) the processing of additional personal
information in combination with the disclosed personal
information that would allow for the re-identification
of the disclosed personal information.
(b) Disclosing for Advertising or Marketing Purposes.--
(1) In general.--A covered entity may not intentionally
disclose for advertising or marketing purposes a unique
identifier or any other personal information that would allow
information disclosed to be linked to information relating to
the same individual or device disclosed in the past.
(2) Treatment of certain types of information.--Disclosing
personal information or contents of communication for
advertising or marketing purposes may not be treated as
violating paragraph (1) by reason of including any or all of
the following:
(A) Internet Protocol addresses truncated to no
more than the first 24 bits for Internet Protocol
version 4 and the first 48 bits for Internet Protocol
version 6, or for a successor protocol truncated to
limit the precision of the identifier to a network
address of the internet access provider.
(B) Geolocation information truncated to allow no
more than the equivalent of two decimal degrees of
precision at the equator or prime meridian, or an
equivalent precision in another geolocation standard.
(C) A general description of a device, browser, or
operating system, or any combination thereof.
(D) An identifier that is unique to a disclosure.
SEC. 204. DISCLOSING TO ENTITIES NOT SUBJECT TO UNITED STATES
JURISDICTION OR NOT COMPLIANT WITH THIS ACT.
(a) Prohibition.--A covered entity may not intentionally disclose
personal information to any entity that--
(1) is not subject to the jurisdiction of the United
States; or
(2) is not in compliance with all requirements of this Act.
(b) Exception.--Notwithstanding subsection (a), a covered entity
may disclose personal information where that personal information is
limited to an identifier created primarily for the purpose of sending
or receiving electronic communications and the sole purpose of
disclosing is to send or receive an electronic communication at the
request of the individual whose personal information is being
disclosed.
(c) Safe Harbors for Disclosing.--Notwithstanding subsection (a), a
covered entity may disclose personal information to another covered
entity (the receiving covered entity) that is not subject to the
jurisdiction of the United States if either--
(1) the receiving covered entity has entered into an
agreement, as described in subsection (e), with the Agency,
and--
(A) the covered entity has a reasonable belief that
the receiving covered entity is sufficiently solvent to
compensate victims or pay fines for violations of this
Act;
(B) a contract between the covered entity and
receiving covered entity requires that the receiving
covered entity complies with this Act, and the covered
entity has reason to believe the receiving covered
entity is compliant with this Act; and
(C) a contract between the covered entity and the
receiving covered entity prohibits the receiving
covered entity from using the disclosed personal
information for any purpose other than provided in the
contract; or
(2) the covered entity has--
(A) entered into an agreement with the receiving
covered entity that--
(i) requires the receiving covered entity
to comply with this Act;
(ii) prohibits the receiving covered entity
from using the disclosed personal information
for any purpose other than provided in the
contract;
(iii) requires the receiving covered entity
to indemnify the covered entity against
violations of this Act committed by the
receiving covered entity for any amount the
covered entity is unable to pay of a judgment
for such violation;
(iv) grants the covered entity the
authority to audit, including physical access
to electronic devices and data, the receiving
covered entity's compliance with this Act and
the contract; and
(v) requires the receiving covered entity
to assist the covered entity in responding to
and complying with any court orders, Agency
orders, or the exercising of an individual's
rights under this Act;
(B) actual knowledge that the receiving covered
entity is in compliance with this Act and not using
personal information contrary to their agreement;
(C) actual knowledge that the receiving covered
entity is sufficiently solvent to compensate victims or
pay fines for violations of this Act;
(D) an auditing and compliance program to ensure
the receiving covered entity's continued compliance
with this Act and contract terms;
(E) filed with the Agency the terms of said
contract, proof of its actual knowledge of the
receiving covered entity's compliance with this Act and
contract terms, and documents detailing its auditing
and compliance program for approval and publication by
the Agency; and
(F) entered into an agreement with the Agency where
the covered entity agrees to accept, respond to, or
comply with a court order, Agency order, or request by
an individual regarding actions taken by the receiving
covered entity with respect to covered information it
has disclosed.
(d) Liability for Violation by Receiving Covered Entity; Failure To
Report.--For the purposes of subsection (c)(2), the covered entity
shall be jointly liable for a violation of this Act by the receiving
covered entity regarding the personal information the covered entity
disclosed, except where the covered entity was the first to notify the
Agency of the violation, in which case, it shall be severally liable.
Where the covered entity should reasonably have known of a violation of
this Act by the receiving covered entity and fails to disclose the
violation to the Agency, each day of continuance of the failure to
report such violation shall be treated as a separate violation.
(e) Agency Agreements.--Upon the request of a covered entity not
subject to the jurisdiction of the United States, the Agency shall
enter into an agreement with the covered entity that includes, but is
not limited to, the following conditions:
(1) The principal place of business for the covered entity
must be in a country that allows for the domestication of a
United States court decision for civil fines payable to a
government entity and injunctive relief. Where a foreign court
refuses to enforce a United States court decision under this
Act, the agreement, and all other agreements with covered
entities with a principal place of business in the same
jurisdiction, shall be void.
(2) The covered entity agrees to comply with this Act.
(3) The covered entity agrees to be subject to this Act
with choice of venue being a United States court.
(4) The covered entity agrees to comply with Agency
investigative requests or orders, and United States court
orders or decisions under this Act.
(5) The covered entity consents to United States Federal
court personal jurisdiction for the sole purpose of enforcing
this Act.
(6) Where enforcement of the decision requires the use of a
foreign court, the covered entity agrees to pay reasonable
attorney fees necessary to enforce the judgment.
(7) A default judgment, failure to comply with Agency
investigative requests or orders, or failure to comply with
United States court orders or decisions shall result in the
immediate termination of the agreement.
(f) Rule of Construction Against Data Localization.--Nothing in
this section shall be construed to require the localization of
processing or maintaining personal information by a covered entity to
within the United States, or limit internal disclosing of personal
information within a covered entity or to subsidiary or corporate
affiliate of such covered entity, regardless of the country in which
the covered entity will process, disclose, or maintain that personal
information.
SEC. 205. PROHIBITION ON RE-IDENTIFICATION.
(a) In General.--Except as required under title I, a covered entity
shall not use personal information collected from an individual,
acquired from a third party, or acquired from publicly available
information to re-identify an individual from de-identified
information.
(b) Third-Party Prohibition.--A covered entity that discloses de-
identified information to a third party shall prohibit such third party
from re-identifying an individual using such de-identified information.
(c) Exception.--Subsection (a) shall not apply to qualified
research entities, as determined by the Director, conducting research
not for commercial purposes.
SEC. 206. RESTRICTIONS ON COLLECTING, PROCESSING, MAINTAINING, AND
DISCLOSING CONTENTS OF COMMUNICATIONS.
(a) In General.--A covered entity may not collect, process,
maintain, or disclose the contents of any communication, regardless of
whether the sender or intended recipient of the communication is an
individual, other person, or an electronic device, for any purpose
other than--
(1) transmitting or displaying the communication to any
intended recipient or the original sender, or maintaining such
communications for such purposes;
(2) detecting, responding to, or preventing security
incidents or threats;
(3) providing services to assist in the drafting or
creation of the content of a communication;
(4) processing expressly requested by the sender or
intended recipient, if the sender or intended recipient can
terminate such processing using a reasonable mechanism;
(5) disclosing otherwise required by law;
(6) filtering a communication where primary purpose of the
communication is the commercial advertisement or promotion of a
commercial product or service of a covered entity; or
(7) detecting or enforcing an abuse or violation of the
terms of service of the covered entity that would result in
either a temporary or permanent ban from using the service.
(b) Intended Recipient.--A covered entity is not considered an
intended recipient of a communication, or any communication used in the
creation of the content of said communication, where--
(1) at least one intended recipient is a natural person
other than an employee or contractor of the covered entity;
(2) at least one intended recipient is a person other than
the covered entity; or
(3) a purpose of the covered entity's service is to
maintain, at the direction of the sender, the content of said
communication for more than a transitory period.
(c) Sender.--The sender of a communication is the person for whom
the communication, and its content, is disclosed at the direction of
and on behalf of.
(1) Where the sender is a natural person, they shall be the
sender of the entire content of the communication, regardless
of the original author of any portion of the content.
(2) Otherwise, a sender shall be the sender of only the
content it was an original author of, or content it received as
an intended recipient.
(d) Exception for Publicly Available Communications.--Subsection
(a) shall not apply where the contents of communication are made
publicly accessible by the sender without restrictions on accessibility
other than the general authorization to access the services used to
make the information accessible.
(e) Encryption Protection.--A covered entity shall not--
(1) prohibit or prevent a person from encrypting or
otherwise rendering unintelligible the content of a
communication using a means that prevents the covered entity
from being able to decrypt or otherwise render intelligible
said content; and
(2) require or cause a person to disclose or circumvent the
means described in paragraph (1) to the covered entity that
would allow it to render the content intelligible.
(f) Service Providers Safe Harbor.--A service provider shall not be
held liable for a violation of this section if such service provider is
acting at the direction of and on behalf of a covered entity and has a
reasonable belief that the covered entity's directions are in
compliance with this section.
SEC. 207. PROHIBITION ON DISCRIMINATORY PROCESSING.
(a) Discrimination in Economic Opportunities.--A covered entity
shall not process personal information or contents of communication for
advertising, marketing, soliciting, offering, selling, leasing,
licensing, renting, or otherwise commercially contracting for
employment, finance, health care, credit, insurance, housing, or
education opportunities in a manner that discriminates against or
otherwise makes opportunities unavailable on the basis of an
individual's protected class status.
(b) Public Accommodations.--A covered entity shall not process
personal information in a manner that segregates, discriminates in, or
otherwise makes unavailable the goods, services, facilities,
privileges, advantages, or accommodations of any place of public
accommodation on the basis of the protected class status of an
individual or a group of individuals.
(c) Regulations.--The Director shall promulgate regulations to
implement this section.
SEC. 208. REQUIREMENTS FOR NOTICE AND CONSENT PROCESSES AND PRIVACY
POLICIES.
(a) Minimum Threshold.--The Director shall establish minimum
thresholds that covered entities must meet for the percentage of
individuals who understand a notice or consent process or privacy
policy required by this Act. In establishing such minimum thresholds,
the Director shall--
(1) vary required thresholds on types and scale of
reasonably foreseeable privacy harms; and
(2) take into account expectations of individuals,
potential privacy harms, and individuals' awareness of privacy
harms.
(b) Consent Revocation.--A covered entity shall make available a
reasonable mechanism by which an individual may revoke consent for any
consent given under this Act.
(c) Safe Harbor.--
(1) Approval procedures.--The Director shall develop
procedures for analyzing and approving data submitted by a
covered entity to establish that a notice and consent process
or privacy policy of such covered entity meets the threshold
established under subsection (a).
(2) Presumption.--If a covered entity submits testing data
to and receives an approval from the Director under paragraph
(1) establishing that a notice or consent process or privacy
policy of such covered entity meets the threshold established
under subsection (a), such notice or consent process or privacy
policy shall be presumed to have met such threshold. Such
presumption may be rebutted by clear and convincing evidence.
(3) Public availability of approved processes and policies
and associated testing data.--The Director shall make publicly
available online the notice and consent processes and privacy
policies and associated testing data that the Director approves
under paragraph (1).
(4) Small business adoption of notice or consent process of
another covered entity.--
(A) In general.--If a small business adopts a
notice or consent process of another covered entity
that collects, processes, maintains, or discloses
personal information in substantially the same way as
such small business, if the process of such other
covered entity has been approved under paragraph (1),
the process of such small business shall receive the
presumption under paragraph (2).
(B) Ability to freely use approved process.--A
covered entity whose notice or consent process is
approved under paragraph (1) shall permit a small
business to freely use such process, or a derivative
thereof, as described in subparagraph (A).
(C) No published process.--In the case of a small
business for which there is no approved notice or
consent process published under paragraph (3) of a
covered entity that collects, processes, maintains, or
discloses personal information in substantially the
same way as such small business, any requirement under
this title for a notice or consent process to be
objectively shown to meet the threshold established by
the Director under subsection (a) shall not apply to
such small business. Nothing in the preceding sentence
exempts a small business from the requirement to use
such notice or consent process or that such process be
concise and clear.
(D) Inapplicability to privacy policy.--Paragraph
(4) does not apply with respect to a privacy policy.
(5) Minor changes.--A covered entity may make minor changes
in a notice or consent process or privacy policy approved under
paragraph (1) and retain the presumption under paragraph (2)
for such process or policy without retesting or resubmission of
testing data to the Director.
SEC. 209. PROHIBITION ON ``DARK PATTERNS'' IN NOTICE AND CONSENT
PROCESSES AND PRIVACY POLICIES.
In providing notice, obtaining consent, or maintaining a privacy
policy as required by this title, a covered entity may not
intentionally take any action that substantially impairs, obscures, or
subverts the ability of an individual to--
(1) understand the contents of such notice or such privacy
policy;
(2) understand the process for granting such consent;
(3) make a decision regarding whether to grant or withdraw
such consent; or
(4) act on any such decision.
SEC. 210. NOTICE AND CONSENT REQUIRED.
(a) Notice.--A covered entity shall provide an individual with
notice of the personal information such covered entity collects,
processes, maintains, and discloses through a process that is concise
and clear and can be objectively shown to meet the threshold
established by the Director under section 208(a).
(b) Consent.--
(1) Express consent required.--Except as provided in
paragraphs (2) and (3), a covered entity may not collect from
an individual personal information that creates or increases
the risk of foreseeable privacy harms, or process or maintain
any such personal information collected from an individual,
unless such entity obtains the express consent of such
individual to the collecting, processing, or maintaining (or
any combination thereof) of such information through a process
that is concise and clear and can be objectively shown to meet
the threshold established by the Director under section 208(a).
(2) Exception for implied consent.--Notwithstanding
paragraph (1), express consent is not required for collecting,
processing, or maintaining personal information if the
collecting, processing, or maintaining is, on its face, obvious
and necessary to provide a service at the request of the
individual and the personal information is collected,
processed, or maintained only for such request. Nothing in this
paragraph shall be construed to exempt the covered entity from
the requirement of subsection (a) to provide notice to such
individual with respect to such collecting, processing, or
maintaining.
(3) Exemption for privacy-preserving computing.--
Notwithstanding paragraph (1), except with regard to consent
for purposes of section 106, express consent is not required
for collecting, processing, or maintaining personal information
secured using privacy-preserving computing. Nothing in this
paragraph shall be construed to exempt the covered entity from
the requirement of subsection (a) to provide notice to such
individual with respect to such collecting, processing, or
maintaining.
(c) Service Providers Excluded.--This section does not apply to a
service provider if such service provider has a reasonable belief that
a covered entity for which it processes, maintains, or discloses
personal information is in compliance with this section.
SEC. 211. PRIVACY POLICY.
(a) Policy Required.--A covered entity shall maintain a privacy
policy relating to the practices of such entity regarding the
collecting, processing, maintaining, and disclosing of personal
information.
(b) Contents.--The privacy policy required by subsection (a) shall
contain the following:
(1) A general description of the practices of the covered
entity regarding the collecting, processing, maintaining, and
disclosing of personal information.
(2) A description of how individuals may exercise the
rights provided by title I.
(3) A clear and concise summary of the following:
(A) The categories of personal information
collected or otherwise obtained by the covered entity.
(B) The business or commercial purposes of the
covered entity for collecting, processing, maintaining,
or disclosing personal information.
(C) The categories and a list of third parties to
which the covered entity discloses personal
information.
(4) A description of the personal information that the
covered entity maintains that the covered entity does not
collect from individuals and how the covered entity obtains
such personal information.
(5) A list of the third parties to which the covered entity
has disclosed personal information.
(6) A list of the third parties from which the covered
entity has obtained personal information at any time on or
after the effective date of this Act.
(7) The articulated basis for the collecting, processing,
disclosing, and maintaining of personal information, as
required under section 201(a).
(c) Exemption for Personal Information for Particular Purposes.--
The privacy policy required by subsection (a) is not required to
contain information relating to personal information that is collected,
processed, maintained, or disclosed exclusively for any of the purposes
described in paragraph (1) of section 109(a) (or a combination of such
purposes), except as provided in paragraph (2) of such section.
(d) Availability of Privacy Policy.--
(1) Form and manner.--The privacy policy required by
subsection (a) shall be--
(A) clear and in plain language; and
(B) made publicly available in a prominent location
on an ongoing basis.
(2) Timing.--The privacy policy required by subsection (a)
shall be made available as required by paragraph (1) before the
covered entity collects personal information after the
effective date of this Act.
(e) Small Businesses Excluded.--Subsections (b)(7) and (d) do not
apply to a small business.
(f) Service Providers Excluded.--This section does not apply to a
service provider if such service provider has a reasonable belief that
a covered entity for which it processes, maintains, or discloses
personal information is in compliance with this section.
SEC. 212. INFORMATION SECURITY REQUIREMENTS.
(a) In General.--A covered entity shall establish and implement
reasonable information security policies, practices, and procedures for
the protection of personal information collected, processed,
maintained, or disclosed by such covered entity, taking into
consideration--
(1) the nature, scope, and complexity of the activities
engaged in by such covered entity;
(2) the sensitivity of any personal information at issue;
(3) the current state of the art in administrative,
technical, and physical safeguards for protecting such
information; and
(4) the cost of implementing such administrative,
technical, and physical safeguards.
(b) Specific Policies, Practices, and Procedures.--The policies,
practices, and procedures required by subsection (a) shall include the
following:
(1) A written security policy with respect to collecting,
processing, maintaining, and disclosing of personal
information. Such policy shall be made publicly available in a
prominent location on an ongoing basis, except that the
publicly available version is not required to contain
information that would compromise a purpose described in
section 109(a)(1).
(2) A process for identifying and assessing reasonably
foreseeable security vulnerabilities in the system or systems
used by such covered entity that contain personal information,
which shall include regular monitoring for vulnerabilities or
data breaches involving such system or systems.
(3) A process for taking action designed to mitigate
against vulnerabilities identified in the process required by
paragraph (2), which may include implementing any changes to
security practices and the architecture, installation, or
implementation of network or operating software, or for
regularly testing or otherwise monitoring the effectiveness of
the existing safeguards.
(4) A process for determining if personal information is no
longer needed and disposing of personal information by
shredding, permanently erasing, or otherwise modifying the
medium on which such personal information is maintained to make
such personal information permanently unreadable or
indecipherable.
(5) A process for overseeing persons who have access to
personal information, including through network-connected
devices.
(6) A process for employee training and supervision for
implementation of the policies, practices, and procedures
required by this section.
(7) A written plan or protocol for internal and public
response in the event of a data breach or data-sharing abuse.
(c) Regulations.--The Director, in consultation with the
Cybersecurity and Infrastructure Security Agency and the National
Institute of Standards and Technology, shall promulgate regulations to
implement this section.
(d) Small Businesses Assistance.--The Director, in consultation
with the Cybersecurity and Infrastructure Security Agency, the National
Institute of Standards and Technology, the Small Business
Administration, the Minority Business Development Agency, and small
businesses, shall develop policy templates, toolkits, tip sheets,
configuration guidelines for commonly used hardware and software,
interactive tools, and other materials to assist small businesses with
complying with this section.
SEC. 213. NOTIFICATION OF DATA BREACH OR DATA-SHARING ABUSE.
(a) Notification of Agency.--
(1) In general.--In the case of a data breach or data-
sharing abuse with respect to personal information maintained
by a covered entity, such covered entity shall, without undue
delay and, if feasible, not later than 72 hours after becoming
aware of such data breach or data-sharing abuse, notify the
Director of such data breach or data-sharing abuse, unless such
data breach or data-sharing abuse is unlikely to create or
increase foreseeable privacy harms.
(2) Reasons for delay.--If the notification required by
paragraph (1) is made more than 72 hours after the covered
entity becomes aware of the data breach or data-sharing abuse,
such notification shall be accompanied by a statement of the
reasons for the delay.
(b) Notification of Other Covered Entity.--In the case of a data
breach or data-sharing abuse with respect to personal information
maintained by a covered entity that such covered entity obtained from
another covered entity, the covered entity experiencing such data
breach or data-sharing abuse shall, without undue delay and, if
feasible, not later than 72 hours after becoming aware of such data
breach or data-sharing abuse, notify such other covered entity of such
data breach or data-sharing abuse, unless such data breach or data-
sharing abuse is unlikely to create or increase foreseeable privacy
harms. A covered entity receiving notice under this subsection of a
data breach or data-sharing abuse shall notify any other covered entity
from which the covered entity receiving notice obtained personal
information involved in such data breach or data-sharing abuse, in the
same manner as required under the preceding sentence for the covered
entity experiencing such data breach or data-sharing abuse.
(c) Notification of Individuals.--
(1) In general.--In the case of a data breach or data-
sharing abuse with respect to personal information maintained
by a covered entity (or a data breach or data-sharing abuse
about which a covered entity is notified under subsection (b)),
if such covered entity has a relationship with an individual
whose personal information was involved or potentially involved
in such data breach or data-sharing abuse, such covered entity
shall notify such individual of such data breach or data-
sharing abuse not later than 14 days after becoming aware of
such data breach or data-sharing abuse (or, in the case of a
data breach or data-sharing abuse about which a covered entity
is notified under subsection (b), not later than 14 days after
being so notified), if such data breach or data-sharing abuse
creates or increases foreseeable privacy harms.
(2) Medium of notification.--A covered entity shall notify
an individual as required by paragraph (1) through--
(A) the same medium through which such individual
routinely interacts with such covered entity; and
(B) one additional medium of notification, if such
covered entity has the personal information necessary
to make a notification through such an additional
medium without causing excessive financial burden for
such covered entity.
(d) Rule of Construction.--This section shall not apply to a
covered entity if a person uses personal information obtained from a
data breach or data-sharing abuse not involving such covered entity.
TITLE III--DIGITAL PRIVACY AGENCY
SEC. 301. ESTABLISHMENT; DIRECTOR AND DEPUTY DIRECTOR.
(a) Agency Established.--There is established an independent agency
in the executive branch to be known as the ``Digital Privacy Agency'',
which shall implement and enforce this Act.
(b) Director.--
(1) In general.--There is established the position of the
Director, who shall serve as the head of the Agency.
(2) Appointment.--Subject to paragraph (3), the Director
shall be appointed by the President, by and with the advice and
consent of the Senate.
(3) Qualification.--The President shall nominate the
Director who, by reason of professional background and
experience, is especially qualified to lead the Agency based on
their knowledge and expertise in--
(A) privacy;
(B) information security;
(C) technology; and
(D) civil rights and civil liberties.
(4) Term.--
(A) In general.--The Director shall serve for a
term of 6 years.
(B) Expiration of term.--An individual may serve as
Director after the expiration of the term for which
appointed, until a successor has been appointed and
qualified.
(5) Compensation.--
(A) In general.--The Director shall be compensated
at the rate prescribed for level II of the Executive
Schedule under section 5313 of title 5, United States
Code.
(B) Conforming amendment.--Section 5313 of title 5,
United States Code, is amended by inserting after the
item relating to the ``Chief Executive Officer, United
States International Development Finance Corporation.''
the following new item: ``Director of the Digital
Privacy Agency.''.
(c) Deputy Director.--There is established the position of Deputy
Director, who shall--
(1) be appointed by the Director; and
(2) serve as acting Director in the absence or
unavailability of the Director, notwithstanding section 3345 of
title 5, United States Code.
(d) Service Restriction.--No Director or Deputy Director may hold
any office, position, or employment in any covered entity during the
period of service of such person as Director or Deputy Director.
(e) Offices.--The Director shall establish a principal office and
field offices of the Agency in locations that have high levels of
activity by covered entities, as determined by the Director.
SEC. 302. AGENCY POWERS AND AUTHORITIES.
(a) Powers of the Agency.--The Director is authorized to establish
the general policies of the Agency with respect to all executive and
administrative functions, including--
(1) establishing of rules for conducting the general
business of the Agency, in a manner not inconsistent with this
Act;
(2) binding the Agency and enter into contracts;
(3) directing the establishment and continued operation of
divisions or other offices within the Agency, in order to carry
out the responsibilities of the Agency under this Act, and to
satisfy the requirements of other applicable law;
(4) coordinating and overseeing the operation of all
administrative, enforcement, and research activities of the
Agency;
(5) adopting and using a seal;
(6) determining the character of and the necessity for the
obligations and expenditures of the Agency;
(7) appointing and supervising of personnel employed by the
Agency;
(8) distributing business among personnel appointed and
supervised by the Director and among administrative units of
the Agency;
(9) using and expending of funds;
(10) implementing this Act through rules, orders, guidance,
interpretations, statements of policy, investigations, and
enforcement actions; and
(11) performing such other functions as may be authorized
or required by law.
(b) Delegation of Authority.--The Director may delegate to any duly
authorized employee, representative, or agent any power vested in the
Director or the Agency by law, except that the Director may not
delegate the power to appoint the Deputy Director under section 301(c).
(c) Autonomy of Agency Regarding Recommendations and Testimony.--No
officer or agency of the United States shall have any authority to
require the Director or any other officer of the Agency to submit
legislative recommendations, or testimony or comments on legislation,
to any officer or agency of the United States for approval, comments,
or review prior to the submission of such recommendations, testimony,
or comments to the Congress, if such recommendations, testimony, or
comments to the Congress include a statement indicating that the views
expressed therein are those of the Director or such officer, and do not
necessarily reflect the views of the President.
(d) Rulemaking Authority.--
(1) In general.--The Director may prescribe rules and issue
orders and guidance, as may be necessary or appropriate to
enable the Agency to implement, administer, and carry out the
purposes and objectives of this Act, and to prevent evasions
thereof.
(2) Regulations.--The Agency may issue regulations after
notice and comment in accordance with section 553 of title 5,
United States Code, as may be necessary to implement,
administer, and carry out this Act.
(e) Consultations.--In implementing or enforcing this Act, the
Director may consult with--
(1) Federal agencies that have--
(A) jurisdiction over Federal privacy laws; and
(B) expertise in privacy or information security;
(2) State attorneys general, State privacy regulators, and
other State agencies that have expertise in privacy or
information security;
(3) international and intergovernmental bodies that conduct
activities relating to the privacy or information security;
(4) agencies of other countries that are similar to the
Agency or have expertise in privacy or information security;
(5) privacy and information security experts in academia,
government, civil society, or industry; and
(6) advisory boards of the Agency established under section
308, as appropriate.
SEC. 303. REPORTING AND AUDIT REQUIREMENTS.
(a) Reports Required.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the
Director shall submit a report to the President and to the
Committee on Energy and Commerce, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate, and shall publish
such report on the website of the Agency.
(2) Contents.--Each report required by subsection (a) shall
include--
(A) a discussion of the significant problems faced
by individuals with respect to the privacy or security
of personal information;
(B) a justification of the budget request of the
Agency for the preceding year, unless a justification
for such year was included in the preceding report
submitted under such subsection;
(C) a list of the significant rules and orders
adopted by the Agency, as well as other significant
initiatives conducted by the Agency, during the
preceding 6-month period and the plan of the Agency for
rules, orders, or other initiatives to be undertaken
during the upcoming 6-month period;
(D) an analysis of complaints about the privacy or
security of personal information that the Agency has
received and collected in the database described in
section 307(a) during the preceding 6-month period;
(E) a list, with a brief statement of the issues,
of the public enforcement actions to which the Agency
was a party during the preceding 6-month period; and
(F) an assessment of significant actions by State
attorneys general or State privacy regulators relating
to this Act or the rules prescribed under this Act
during the preceding 6-month period.
(b) Annual Audits.--The Director shall order an annual independent
audit of the operations and budget of the Agency.
SEC. 304. RELATION TO OTHER AGENCIES.
(a) Coordination.--
(1) In general.--With respect to covered entities and
service providers, to the extent that Federal law authorizes
the Agency and another Federal agency to enforce a Federal
privacy law, the other Federal agency shall coordinate with the
Agency to promote consistent enforcement of this Act and the
other Federal privacy law.
(2) Referral.--Any Federal agency authorized to enforce
Federal privacy laws may recommend in writing to the Agency
that the Agency initiate an enforcement proceeding, as the
Agency is authorized by that Federal privacy law or by this
Act.
(b) Transfers From the Commission.--
(1) Transfers of authority.--
(A) Transfer of rulemaking and certain other
authorities under federal privacy laws.--The Agency
shall have all powers and duties under the Federal
privacy laws to prescribe rules, issue guidelines, or
to conduct studies or issue reports mandated by such
laws, that were vested in the Commission on the
effective date of this Act. The authority of the
Commission under Federal privacy laws to prescribe
rules, issue guidelines, or conduct a study or issue a
report mandated under such law shall be transferred to
the Agency on the effective date of this Act.
(B) Transfer of enforcement authority.--The Agency
may enforce a rule prescribed by the Commission under--
(i) Federal privacy laws; or
(ii) the Federal Trade Commission Act (15
U.S.C. 41 et seq.) related to unfair or
deceptive acts or practices relating to
privacy, information security, identity theft,
data abuses, and related matters.
(2) Transfer of privacy employees.--Any employee of the
Commission employed in a division, bureau, office, or other
subdivision of the Commission with the primary responsibility
of administering, investigating, or enforcing Federal privacy
laws or applications of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) related to unfair or deceptive acts or
practices relating to privacy, information security, identity
theft, data abuses, and related matters shall be transferred to
the Agency. Such employee shall be provided with compensation
and benefits not less than the equivalent of compensation and
benefits provided to such employee on the date of enactment of
this Act or compensation and benefits provided to an employee
of the Agency in comparable position with comparable
experience.
(c) Preservation of Authorities of Other Agencies.--Except as
described in this section, no provision of this Act shall be construed
as modifying, limiting, or otherwise affecting the operation of any
provision of Federal law, or otherwise affecting the authority of any
Federal agency under a Federal privacy law or any other law, including
the ability of such Federal agency to promulgate regulations and
enforce Federal privacy laws.
SEC. 305. PERSONNEL.
(a) Personnel.--
(1) Appointment generally.--The Director may fix the number
of, and appoint and direct, all employees of the Agency, in
accordance with the applicable provisions of title 5, United
States Code. The Director may appoint personnel without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, so long as the
Director sets requirements, conducts recruitment, and
determines appointments in a fair, transparent, and equitable
manner.
(2) Employees of the agency.--The Director is authorized to
employ privacy experts, technologists, computer scientists,
user experience designers and researchers, data scientists,
ethicists, attorneys, investigators, economists, civil rights
experts, and other employees as the Director considers
necessary to conduct the business of the Agency. Unless
otherwise provided expressly by law, any individual appointed
under this section shall be an employee, as defined in section
2105 of title 5, United States Code, and subject to the
provisions of such title and other laws generally applicable to
the employees of an executive agency.
(3) Employee compensation.--The Director may fix and adjust
the pay and benefits of personnel as the Director considers
desirable, competitive, transparent, and equitable, without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates, respectively.
(4) Labor-management relations.--Chapter 71 of title 5,
United States Code, shall apply to the Agency and the employees
of the Agency.
(b) Additional Roles.--
(1) Chief information officer.--
(A) Designation of an agency cio.--Subchapter II of
chapter 113 of subtitle III of title 40, United States
Code, is amended--
(i) in section 11315(c) by adding ``and of
the Digital Privacy Agency'' before the em dash
immediately preceding paragraph (1); and
(ii) in section 11319(a)(1) by adding ``and
the Digital Privacy Agency'' before the period.
(B) Responsibility.--The Chief Information Officer
of the Digital Privacy Agency, as designated by
subparagraph (A), shall ensure the Digital Privacy
Agency uses technology efficiency to implement,
administer, and enforce this Act and the rules and
orders issued pursuant to this Act.
(2) Inspector general.--Section 12 of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(A) in paragraph (1), by inserting ``the Director
of the Digital Privacy Agency;'' after ``the President
of the Export-Import Bank;''; and
(B) in paragraph (2), by inserting ``the Digital
Privacy Agency,'' after ``the Export-Import Bank,''.
(3) Ombud.--The Director shall appoint an ombud who shall--
(A) act as a liaison between the Agency and any
affected person with respect to any problem that such
person may have in dealing with the Agency that results
from the regulatory activities of the Agency; and
(B) assure that safeguards exist to encourage
complainants to come forward and preserve
confidentiality.
(c) Authority To Accept Federal Detailees.--The Director may accept
officers or employees of the United States or members of the Armed
Forces on a detail from an element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of the
receiving and detailing elements, for a period not to exceed 3 years.
SEC. 306. OFFICE OF CIVIL RIGHTS.
The Director shall establish an Office of Civil Rights within the
Agency that shall have following responsibilities:
(1) Providing oversight and enforcement of this Act, rules
and orders issued pursuant to this Act, and Federal privacy
laws to ensure that collecting, processing, maintaining, and
disclosing of personal information is fair, equitable, and non-
discriminatory in treatment and effect, including through the
implementation and enforcement of section 207.
(2) Developing, establishing, and promoting practices that
affirmatively further equal opportunity to and expand access to
employment (including hiring, firing, promotion, demotion, and
compensation), credit and insurance (including denial of an
application or obtaining less favorable terms), housing,
education, professional certification, or the provision of
health care and related services.
(3) Coordinating the Agency's civil rights efforts with
other Federal agencies and State regulators, as appropriate, to
promote consistent, efficient, and effective enforcement of
Federal civil rights laws.
(4) Working with civil rights advocates, privacy experts,
and other experts (including members of the advisory boards
established under section 308) on the promotion of compliance
with the civil rights provisions under this Act, rules and
orders issued pursuant this Act, and Federal privacy laws.
(5) Liaising with communities and consumers impacted by
practices regulated by this Act and the Agency, to ensure that
their needs and views are appropriately taken into account.
(6) Providing annual reports to Congress on the efforts of
the Agency to fulfill its civil rights mandate.
(7) Such additional powers and duties as the Director may
determine are appropriate.
SEC. 307. COMPLAINTS OF INDIVIDUALS.
(a) In General.--The Director shall establish a unit within the
Agency the functions of which shall include establishing a single,
toll-free telephone number, a website, and a database or utilizing an
existing database to facilitate the centralized collection of,
monitoring of, and response to complaints of individuals regarding the
privacy or security of personal information. The Director shall
coordinate with other Federal agencies with jurisdiction over Federal
privacy laws to route complaints to such agencies, where appropriate.
(b) Routing Complaints to States.--To the extent practicable, State
agencies (including State privacy regulators) may receive appropriate
complaints from the systems established under subsection (a), if--
(1) the State agency system has the functional capacity to
receive calls or electronic reports routed by the Agency
systems;
(2) the State agency has satisfied any conditions of
participation in the system that the Agency may establish,
including treatment of personal information and sharing of
information on complaint resolution or related compliance
procedures and resources; and
(3) participation by the State agency includes measures
necessary to provide for protection of personal information
that conform to the standards for protection of the
confidentiality of personal information and for data integrity
and security that apply to Federal agencies.
(c) Data Sharing Required.--To facilitate inclusion in the reports
required by section 303 of the matters regarding complaints of
individuals required by subsection (a)(2)(D) of such section to be
included in such reports, investigation and enforcement activities, and
monitoring of the privacy and security of personal information, the
Agency shall share information about complaints of individuals with
Federal and State agencies (including State privacy regulators) that
have jurisdiction over the privacy or security of personal information
and State attorneys general, subject to the standards applicable to
Federal agencies for the protection of the confidentiality of personal
information and for information security and integrity. Other Federal
agencies that have jurisdiction over the privacy or security of
personal information shall share data relating to complaints of
individuals regarding the privacy or security of personal information
with the Agency, subject to the standards applicable to Federal
agencies for the protection of confidentiality of personal information
and for information security and integrity.
(d) Publishing of Complaints.--
(1) Consent required.--In collecting a complaint from an
individual, the Agency shall request consent for publishing the
complaint without any information identifying the individual.
(2) Public database.--The Agency shall make publicly
available on its website a database of each complaint for which
it has received consent to publish the complaint from an
individual who provided the complaint to the Agency.
(3) Redacting information.--When necessary, the Agency may
redact information from a published complaint to protect the
privacy of the individual.
SEC. 308. ADVISORY BOARDS.
(a) Establishment.--The Director shall establish the following
advisory boards to advise and consult with the Agency in the exercise
of its functions under this Act, and to provide information on emerging
practices relating to the treatment of personal information by covered
entities:
(1) The User Advisory Board, which shall be composed of
experts in consumer protection, privacy, civil rights, and
ethics.
(2) The Research Advisory Board, which shall be composed of
individuals with academic and research expertise in privacy,
cybersecurity, computer science, innovation, design, ethics,
economics, law, and public policy.
(3) The Startup Advisory Board, which shall be composed of
representatives of small businesses and investors in small
businesses.
(4) The Product Advisory Board, which shall be composed of
technologists, computer scientists, designers, product
managers, attorneys, and other representatives of covered
entities.
(b) Appointments.--The Director shall appoint members to the
advisory boards established under subsection (a) without regard to
party affiliation.
(c) Meetings.--Each advisory board established under subsection (a)
shall meet from time to time at the call of the Director, but, at a
minimum, shall meet at least twice in each calendar year.
(d) Compensation and Travel Expenses.--Members of the advisory
boards established under subsection (a) who are not full-time employees
of the United States shall--
(1) be entitled to receive compensation at a rate fixed by
the Director while attending meetings of the advisory board,
including travel time; and
(2) 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.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to carry
out this Act $550,000,000 for each of the fiscal years 2024, 2025,
2026, 2027, and 2028.
TITLE IV--ENFORCEMENT
SEC. 401. INVESTIGATIONS AND ADMINISTRATIVE DISCOVERY.
(a) Joint Investigations.--The Agency or, where appropriate, an
Agency investigator, may conduct investigations and make requests for
information, as authorized under this Act, on a joint basis with
another Federal agency, a State attorney general, or a State privacy
regulator.
(b) Subpoenas.--
(1) In general.--The Agency or an Agency investigator may
issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, documents, or
other material in connection with hearings under this Act.
(2) Failure to obey.--In the case of contumacy or refusal
to obey a subpoena issued pursuant to this subsection and
served upon any person, the district court of the United States
for any district in which such person is found, resides, or
transacts business, upon application by the Agency or an Agency
investigator and after notice to such person, may issue an
order requiring such person to appear and give testimony or to
appear and produce documents or other material.
(3) Contempt.--Any failure to obey an order of the court
under paragraph (2) may be punished by the court as a contempt
thereof.
(c) Demands.--
(1) In general.--Whenever the Agency has reason to believe
that any person may be in possession, custody, or control of
any documentary material or tangible things, or may have any
information, relevant to a violation, the Agency may, before
the institution of any proceedings under this Act, issue in
writing, and cause to be served upon such person, a civil
investigative demand requiring such person to--
(A) produce such documentary material for
inspection and copying or reproduction in the form or
medium requested by the Agency;
(B) submit such tangible things;
(C) file written reports or answers to questions;
(D) give oral testimony concerning documentary
material, tangible things, or other information; or
(E) furnish any combination of such material,
answers, or testimony.
(2) Requirements.--Each civil investigative demand shall
state the nature of the conduct constituting the alleged
violation which is under investigation and the provision of law
applicable to such violation.
(3) Production of documents.--Each civil investigative
demand for the production of documentary material shall--
(A) describe each class of documentary material to
be produced under the demand with such definiteness and
certainty as to permit such material to be fairly
identified;
(B) prescribe a return date or dates which will
provide a reasonable period of time within which the
material so demanded may be assembled and made
available for inspection and copying or reproduction;
and
(C) identify the custodian to whom such material
shall be made available.
(4) Production of things.--Each civil investigative demand
for the submission of tangible things shall--
(A) describe each class of tangible things to be
submitted under the demand with such definiteness and
certainty as to permit such things to be fairly
identified;
(B) prescribe a return date or dates which will
provide a reasonable period of time within which the
things so demanded may be assembled and submitted; and
(C) identify the custodian to whom such things
shall be submitted.
(5) Demand for written reports or answers.--Each civil
investigative demand for written reports or answers to
questions shall--
(A) propound with definiteness and certainty the
reports to be produced or the questions to be answered;
(B) prescribe a date or dates at which time written
reports or answers to questions shall be submitted; and
(C) identify the custodian to whom such reports or
answers shall be submitted.
(6) Oral testimony.--Each civil investigative demand for
the giving of oral testimony shall--
(A) prescribe a date, time, and place at which oral
testimony shall be commenced; and
(B) identify an Agency investigator who shall
conduct the investigation and the custodian to whom the
transcript of such investigation shall be submitted.
(7) Service.--Any civil investigative demand issued, and
any enforcement petition filed, under this section may be
served--
(A) by any Agency investigator at any place within
the territorial jurisdiction of any court of the United
States; and
(B) upon any person who is not found within the
territorial jurisdiction of any court of the United
States--
(i) in such manner as the Federal Rules of
Civil Procedure prescribe for service in a
foreign nation; and
(ii) to the extent that the courts of the
United States have authority to assert
jurisdiction over such person, consistent with
due process, the United States District Court
for the District of Columbia shall have the
same jurisdiction to take any action respecting
compliance with this section by such person
that such district court would have if such
person were personally within the jurisdiction
of such district court.
(8) Method of service.--Service of any civil investigative
demand or any enforcement petition filed under this section may
be made upon a person by--
(A) delivering a duly executed copy of such demand
or petition to the individual or to any partner,
executive officer, managing agent, or general agent of
such person, or to any agent of such person authorized
by appointment or by law to receive service of process
on behalf of such person;
(B) delivering a duly executed copy of such demand
or petition to the principal office or place of
business of the person to be served; or
(C) depositing a duly executed copy in the United
States mails, by registered or certified mail, return
receipt requested, duly addressed to such person at the
principal office or place of business of such person.
(9) Proof of service.--
(A) In general.--A verified return by the
individual serving any civil investigative demand or
any enforcement petition filed under this section
setting forth the manner of such service shall be proof
of such service.
(B) Return receipts.--In the case of service by
registered or certified mail, such return shall be
accompanied by the return post office receipt of
delivery of such demand or enforcement petition.
(10) Production of documentary material.--The production of
documentary material in response to a civil investigative
demand shall be made under a sworn certificate, in such form as
the demand designates, by the person, if a natural person, to
whom the demand is directed or, if not a natural person, by any
person having knowledge of the facts and circumstances relating
to such production, to the effect that all of the documentary
material required by the demand and in the possession, custody,
or control of the person to whom the demand is directed has
been produced and made available to the custodian.
(11) Submission of tangible things.--The submission of
tangible things in response to a civil investigative demand
shall be made under a sworn certificate, in such form as the
demand designates, by the person to whom the demand is directed
or, if not a natural person, by any person having knowledge of
the facts and circumstances relating to such production, to the
effect that all of the tangible things required by the demand
and in the possession, custody, or control of the person to
whom the demand is directed have been submitted to the
custodian.
(12) Separate answers.--Each reporting requirement or
question in a civil investigative demand shall be answered
separately and fully in writing under oath, unless it is
objected to, in which event the reasons for the objection shall
be stated in lieu of an answer, and it shall be submitted under
a sworn certificate, in such form as the demand designates, by
the person, if a natural person, to whom the demand is directed
or, if not a natural person, by any person responsible for
answering each reporting requirement or question, to the effect
that all information required by the demand and in the
possession, custody, control, or knowledge of the person to
whom the demand is directed has been submitted.
(13) Testimony.--
(A) In general.--
(i) Oath and recordation.--The examination
of any person pursuant to a demand for oral
testimony served under this subsection shall be
taken before an officer authorized to
administer oaths and affirmations by the laws
of the United States or of the place at which
the examination is held. The officer before
whom oral testimony is to be taken shall put
the witness on oath or affirmation and shall
personally, or by any individual acting under
the direction of and in the presence of the
officer, record the testimony of the witness.
(ii) Transcription.--The testimony shall be
taken stenographically and transcribed.
(B) Parties present.--Any Agency investigator
before whom oral testimony is to be taken shall exclude
from the place where the testimony is to be taken all
other persons, except the person giving the testimony,
the attorney for that person, the officer before whom
the testimony is to be taken, an investigator or
representative of an agency with which the Agency is
engaged in a joint investigation, and any stenographer
taking such testimony.
(C) Location.--The oral testimony of any person
taken pursuant to a civil investigative demand shall be
taken in the judicial district of the United States in
which such person resides, is found, or transacts
business, or in such other place as may be agreed upon
by the Agency investigator before whom the oral
testimony of such person is to be taken and such
person.
(D) Attorney representation.--
(i) In general.--Any person compelled to
appear under a civil investigative demand for
oral testimony pursuant to this subsection may
be accompanied, represented, and advised by an
attorney.
(ii) Authority.--The attorney may advise a
person described in clause (i), in confidence,
either upon the request of such person or upon
the initiative of the attorney, with respect to
any question asked of such person.
(iii) Objections.--A person described in
clause (i), or the attorney for that person,
may object on the record to any question, in
whole or in part, and such person shall briefly
state for the record the reason for the
objection. An objection may properly be made,
received, and entered upon the record when it
is claimed that such person is entitled to
refuse to answer the question on grounds of any
constitutional or other legal right or
privilege, including the privilege against
self-incrimination, but such person shall not
otherwise object to or refuse to answer any
question, and such person or attorney shall not
otherwise interrupt the oral examination.
(iv) Refusal to answer.--If a person
described in clause (i) refuses to answer any
question--
(I) the Agency may petition the
district court of the United States
pursuant to this section for an order
compelling such person to answer such
question; and
(II) if the refusal is on grounds
of the privilege against self-
incrimination, the testimony of such
person may be compelled in accordance
with the provisions of section 6004 of
title 18, United States Code.
(E) Transcripts.--For purposes of this subsection--
(i) after the testimony of any witness is
fully transcribed, the Agency investigator
shall afford the witness (who may be
accompanied by an attorney) a reasonable
opportunity to examine the transcript;
(ii) the transcript shall be read to or by
the witness, unless such examination and
reading are waived by the witness;
(iii) any changes in form or substance
which the witness desires to make shall be
entered and identified upon the transcript by
the Agency investigator, with a statement of
the reasons given by the witness for making
such changes;
(iv) the transcript shall be signed by the
witness, unless the witness in writing waives
the signing, is ill, cannot be found, or
refuses to sign; and
(v) if the transcript is not signed by the
witness during the 30-day period following the
date on which the witness is first afforded a
reasonable opportunity to examine the
transcript, the Agency investigator shall sign
the transcript and state on the record the fact
of the waiver, illness, absence of the witness,
or the refusal to sign, together with any
reasons given for the failure to sign.
(F) Certification by investigator.--The Agency
investigator shall certify on the transcript that the
witness was duly sworn by such Agency investigator and
that the transcript is a true record of the testimony
given by the witness, and the Agency investigator shall
promptly deliver the transcript or send it by
registered or certified mail to the custodian.
(G) Copy of transcript.--The Agency investigator
shall furnish a copy of the transcript (upon payment of
reasonable charges for the transcript) to the witness
only, except that the Agency may for good cause limit
such witness to inspection of the official transcript
of the testimony of such witness.
(H) Witness fees.--Any witness appearing for the
taking of oral testimony pursuant to a civil
investigative demand shall be entitled to the same fees
and mileage which are paid to witnesses in the district
courts of the United States.
(d) Confidential Treatment of Demand Material.--
(1) In general.--Documentary materials and tangible things
received as a result of a civil investigative demand shall be
subject to requirements and procedures regarding
confidentiality, in accordance with rules established by the
Agency.
(2) Disclosure to congress.--No rule established by the
Agency regarding the confidentiality of materials submitted to,
or otherwise obtained by, the Agency shall be intended to
prevent disclosure to either House of Congress or to an
appropriate committee of the Congress, except that the Agency
is permitted to adopt rules allowing prior notice to any party
that owns or otherwise provided the material to the Agency and
had designated such material as confidential.
(e) Petition for Enforcement.--
(1) In general.--Whenever any person fails to comply with
any civil investigative demand duly served upon such person
under this section, or whenever satisfactory copying or
reproduction of material requested pursuant to the demand
cannot be accomplished and such person refuses to surrender
such material, the Agency, through such officers or attorneys
as it may designate, may file, in the district court of the
United States for any judicial district in which such person
resides, is found, or transacts business, and serve upon such
person, a petition for an order of such court for the
enforcement of this section.
(2) Service of process.--All process of any court to which
application may be made as provided in this subsection may be
served in any judicial district.
(f) Petition for Order Modifying or Setting Aside Demand.--
(1) In general.--Not later than 20 days after the service
of any civil investigative demand upon any person under
subsection (c), or at any time before the return date specified
in the demand, whichever period is shorter, or within such
period exceeding 20 days after service or in excess of such
return date as may be prescribed in writing, subsequent to
service, by any Agency investigator named in the demand, such
person may file with the Agency a petition for an order by the
Agency modifying or setting aside the demand.
(2) Compliance during pendency.--The time permitted for
compliance with the demand in whole or in part, as determined
proper and ordered by the Agency, shall not run during the
pendency of a petition under paragraph (1) at the Agency,
except that such person shall comply with any portions of the
demand not sought to be modified or set aside.
(3) Specific grounds.--A petition under paragraph (1) shall
specify each ground upon which the petitioner relies in seeking
relief, and may be based upon any failure of the demand to
comply with the provisions of this section, or upon any
constitutional or other legal right or privilege of such
person.
(g) Custodial Control.--At any time during which any custodian is
in custody or control of any documentary material, tangible things,
reports, answers to questions, or transcripts of oral testimony given
by any person in compliance with any civil investigative demand, such
person may file, in the district court of the United States for the
judicial district within which the office of such custodian is
situated, and serve upon such custodian, a petition for an order of
such court requiring the performance by such custodian of any duty
imposed upon such custodian by this section or rule promulgated by the
Agency.
(h) Jurisdiction of Court.--
(1) In general.--Whenever any petition is filed in any
district court of the United States under this section, such
court shall have jurisdiction to hear and determine the matter
so presented, and to enter such order or orders as may be
required to carry out the provisions of this section.
(2) Appeal.--Any final order entered as described in
paragraph (1) shall be subject to appeal pursuant to section
1291 of title 28, United States Code.
SEC. 402. HEARINGS AND ADJUDICATION PROCEEDINGS.
(a) In General.--The Agency is authorized to conduct hearings and
adjudication proceedings with respect to any person in the manner
prescribed by chapter 5 of title 5, United States Code, in order to
ensure or enforce compliance with this Act and the rules prescribed
under this Act.
(b) Special Rules for Cease-and-Desist Proceedings.--
(1) Orders authorized.--
(A) In general.--If, in the opinion of the Agency,
a person is engaging or has engaged in an act or
omission that violates any provision of this Act or a
rule or order prescribed under this Act, the Agency may
issue and serve upon the person a notice of charges in
respect thereof.
(B) Content of notice.--The notice under
subparagraph (A) shall contain a statement of the facts
constituting the alleged violation, and shall fix a
time and place at which a hearing will be held to
determine whether an order to cease and desist should
issue against the person, such hearing to be held not
earlier than 30 days nor later than 60 days after the
date of service of such notice, unless an earlier or a
later date is set by the Agency, at the request of any
person so served.
(C) Consent.--Unless a person served under
subparagraph (B) appears at the hearing personally or
by a duly authorized representative, the person shall
be deemed to have consented to the issuance of the
cease-and-desist order.
(D) Procedure.--In the event of consent under
subparagraph (C), or if, upon the record made at any
such hearing, the Agency finds that any violation
specified in the notice of charges has been
established, the Agency may issue and serve upon the
person an order to cease and desist from the violation.
Such order may, by provisions which may be mandatory or
otherwise, require the person to cease and desist from
the subject act or omission, and to take affirmative
action to correct the conditions resulting from any
such violation.
(2) Effectiveness of order.--A cease-and-desist order shall
become effective at the expiration of 30 days after the date of
service of the order under paragraph (1)(D) (except in the case
of a cease-and-desist order issued upon consent, which shall
become effective at the time specified therein), and shall
remain effective and enforceable as provided therein, except to
such extent as the order is stayed, modified, terminated, or
set aside by action of the Agency or a reviewing court.
(3) Decision and appeal.--Any hearing provided for in this
subsection shall be held in the Federal judicial district or in
the territory in which the residence or principal office or
place of business of the person is located unless the person
consents to another place, and shall be conducted in accordance
with the provisions of chapter 5 of title 5, United States
Code. After such hearing, and not later than 90 days after the
Agency has notified each party to the proceeding that the case
has been submitted to the Agency for final decision, the Agency
shall render its decision (which shall include findings of fact
upon which its decision is predicated) and shall issue and
serve upon each such party an order or orders consistent with
the provisions of this section. Judicial review of any such
order shall be exclusively as provided in this subsection.
Unless a petition for review is timely filed in a court of
appeals of the United States, as provided in paragraph (4), and
thereafter until the record in the proceeding has been filed as
provided in paragraph (4), the Agency may at any time, upon
such notice and in such manner as the Agency shall determine
proper, modify, terminate, or set aside any such order. Upon
filing of the record as provided, the Agency may modify,
terminate, or set aside any such order with permission of the
court.
(4) Appeal to court of appeals.--Any party to any
proceeding under this subsection may obtain a review of any
order served pursuant to this subsection (other than an order
issued with the consent of the party) by filing in the court of
appeals of the United States for the circuit in which the
residence or principal office or place of business of the party
is located, or in the United States Court of Appeals for the
District of Columbia Circuit, within 30 days after the date of
service of such order, a written petition praying that the
order of the Agency be modified, terminated, or set aside. A
copy of such petition shall be forthwith transmitted by the
clerk of the court to the Agency, and thereupon the Agency
shall file in the court the record in the proceeding, as
provided in section 2112 of title 28, United States Code. Upon
the filing of such petition, such court shall have
jurisdiction, which upon the filing of the record shall, except
as provided in the last sentence of paragraph (3), be
exclusive, to affirm, modify, terminate, or set aside, in whole
or in part, the order of the Agency. Review of such proceedings
shall be had as provided in chapter 7 of title 5, United States
Code. The judgment and decree of the court shall be final,
except that the same shall be subject to review by the Supreme
Court of the United States, upon certiorari, as provided in
section 1254 of title 28, United States Code.
(5) No stay.--The commencement of proceedings for judicial
review under paragraph (4) shall not, unless specifically
ordered by the court, operate as a stay of any order issued by
the Agency.
(c) Special Rules for Temporary Cease-and-Desist Proceedings.--
(1) In general.--Whenever the Agency determines that the
violation specified in the notice of charges served upon a
person pursuant to subsection (b), or the continuation thereof,
is likely to cause the person to be insolvent or otherwise
prejudice the interests of individuals before the completion of
the proceedings conducted pursuant to subsection (b), the
Agency may issue a temporary order requiring the person to
cease and desist from any such violation and to take
affirmative action to prevent or remedy such insolvency or
other condition pending completion of such proceedings. Such
order may include any requirement authorized under this title.
Such order shall become effective upon service upon the person
and, unless set aside, limited, or suspended by a court in
proceedings authorized by paragraph (2), shall remain effective
and enforceable pending the completion of the administrative
proceedings pursuant to such notice and until such time as the
Agency shall dismiss the charges specified in such notice, or
if a cease-and-desist order is issued against the person, until
the effective date of such order.
(2) Appeal.--Not later than 10 days after a person has been
served with a temporary cease-and-desist order, the person may
apply to the United States district court for the judicial
district in which the residence or principal office or place of
business of the person is located, or the United States
District Court for the District of Columbia, for an injunction
setting aside, limiting, or suspending the enforcement,
operation, or effectiveness of such order pending the
completion of the administrative proceedings pursuant to the
notice of charges served upon the person under subsection (b),
and such court shall have jurisdiction to issue such
injunction.
(d) Special Rules for Enforcement of Orders.--
(1) In general.--The Agency may in its discretion apply to
the United States district court within the jurisdiction of
which the residence or principal office or place of business of
a person is located, for the enforcement of any effective and
outstanding order issued under this section against such
person, and such court shall have jurisdiction and power to
order and require compliance with such order.
(2) Exception.--Except as otherwise provided in this
section, no court shall have jurisdiction to affect by
injunction or otherwise the issuance or enforcement of any
order or to review, modify, suspend, terminate, or set aside
any such order.
(e) Rules.--The Agency shall prescribe rules establishing such
procedures as may be necessary to carry out this section.
SEC. 403. LITIGATION AUTHORITY.
(a) In General.--If a person violates any provision of this Act or
a rule or order prescribed under this Act, the Agency may commence a
civil action against such person to impose a civil penalty or to seek
all appropriate legal and equitable relief, including a permanent or
temporary injunction as permitted by law.
(b) Representation.--Except as provided in subsection (e), the
Agency may act in its own name and through its own attorneys enforcing
any provision of this Act or rules or orders issued pursuant to this
Act or in any action, suit, or other court proceeding to which the
Agency is a party.
(c) Compromise of Actions.--The Agency may compromise or settle any
action, suit, or other court proceeding to which the Agency is a party
if such compromise is approved by the court.
(d) Notice to the Attorney General of the United States.--
(1) In general.--When commencing a civil action under this
Act or regulations or rules or orders issued pursuant to this
Act, the Agency shall notify the Attorney General.
(2) Notice and coordination.--
(A) Notice of other actions.--In addition to any
notice required under paragraph (1), the Agency shall
notify the Attorney General concerning any action,
suit, or other court proceeding to which the Agency is
a party.
(B) Coordination.--In order to avoid conflicts and
promote consistency regarding litigation of matters
under Federal law, the Attorney General and the Agency
shall consult regarding the coordination of
investigations and proceedings, including by
negotiating an agreement for coordination not later
than 180 days after the effective date of this Act. The
agreement under this subparagraph shall include
provisions to ensure that parallel investigations and
proceedings involving this Act and the rules prescribed
under this Act are conducted in a manner that avoids
conflicts and does not impede the ability of the
Attorney General to prosecute violations of Federal
criminal laws.
(C) Rule of construction.--Nothing in this
paragraph shall be construed to limit the authority of
the Agency under this Act, including the authority to
interpret this Act.
(e) Appearance Before the Supreme Court.--The Agency may represent
itself in its own name before the Supreme Court of the United States,
if the Agency makes a written request to the Attorney General within
the 10-day period which begins on the date of entry of the judgment
which would permit any party to file a petition for writ of certiorari,
and the Attorney General concurs with such request or fails to take
action within 60 days of the request of the Agency.
(f) Forum.--Any civil action brought under this Act or regulations
or rules or orders issued pursuant to this Act may be brought in an
appropriate district court of the United States or an appropriate State
court.
(g) Time for Bringing Action.--Except as otherwise permitted by law
or equity, no action may be brought under this Act more than 3 years
after the date of discovery of the violation to which the action
relates.
SEC. 404. ENFORCEMENT BY STATES.
(a) Civil Action.--In any case in which a State attorney general or
a State privacy regulator has reason to believe that an interest of the
residents of a State has been or is adversely affected by any person
who violates any provision of this Act or a rule or order prescribed
under this Act, the State attorney general or State privacy regulator,
as parens patriae, may bring a civil action on behalf of the residents
of the State in an appropriate State court or an appropriate district
court of the United States to--
(1) enjoin further violation of such provision by the
defendant;
(2) compel compliance with such provision; or
(3) obtain relief under section 406.
(b) Rights of Agency.--Before initiating a civil action under
subsection (a), the State attorney general or State privacy regulator,
as the case may be, shall notify the Agency in writing of such civil
action. Upon receiving notice with respect to a civil action, the
Agency may--
(1) intervene in such action; and
(2) upon intervening--
(A) be heard on all matters arising in such civil
action; and
(B) file petitions for appeal of a decision in such
action.
(c) Preemptive Action by Agency.--If the Agency institutes a civil
action for violation of any provision of this Act or a rule or order
prescribed under this Act, no State attorney general or State privacy
regulator may bring a civil action against any defendant named in the
complaint of the Agency for a violation of such provision that is
alleged in such complaint.
SEC. 405. PRIVATE RIGHTS OF ACTION.
(a) Injunctive Relief.--A person who is aggrieved by a violation of
this Act may bring a civil action for declaratory or injunctive relief
in any court of competent jurisdiction in any State or in an
appropriate district court.
(b) Civil Action for Damages.--Except for claims under rule 23 of
the Federal Rules of Civil Procedure or a similar judicial procedure
authorizing an action to be brought by 1 or more representatives, a
person who is aggrieved by a violation of this Act may bring a civil
action for damages in any court of competent jurisdiction in any State
or in an appropriate district court.
(c) Nonprofit Collective Representation.--An individual shall have
the right to appoint a nonprofit organization (as described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code) which has been properly constituted
in accordance with the law, has statutory objectives which are in the
public interest, and is active in the field of the protection of
individual rights and freedoms with regard to the protection of privacy
and information security to lodge the complaint on behalf of such
individual to exercise the rights referred to in this Act on behalf of
such individual.
(1) A nonprofit may represent a class of aggrieved
individuals.
(2) A prevailing nonprofit shall receive reasonable
compensation for expenses, including attorneys' fees.
(3) Individuals shall receive an equally divided share of
the total damages.
(d) State Appointment.--A State may provide that any body,
organization, or association referred to in subsection (c), independent
of an individual's appointment, has the right to lodge, in that State,
a complaint with the Agency and to exercise the rights referred to in
this Act if it considers that the rights of an individual under this
Act have been infringed.
SEC. 406. RELIEF AVAILABLE.
(a) Civil Actions and Adjudication Proceedings.--
(1) Jurisdiction.--In any civil action or any adjudication
proceeding brought by the Agency, a State attorney general, or
State privacy regulator under any provision of this Act or a
rule or order prescribed under this Act, the court or the
Agency (as the case may be) shall have jurisdiction to grant
any appropriate legal or equitable relief with respect to a
violation of such provision.
(2) Relief.--Relief under this section may include--
(A) rescission or reformation of contracts;
(B) refund of moneys;
(C) restitution;
(D) disgorgement or compensation for unjust
enrichment;
(E) payment of damages or other monetary relief;
(F) public notification regarding the violation,
including the costs of notification;
(G) limits on the activities or functions of the
person; and
(H) civil money penalties, as provided in
subsection (c).
(3) No exemplary or punitive damages.--Nothing in this
subsection shall be construed as authorizing the imposition of
exemplary or punitive damages.
(b) Recovery of Costs.--In any civil action brought by the Agency,
State attorney general, or State privacy regulator under any provision
of this Act or a rule or order prescribed under this Act, the Agency,
State attorney general, or State privacy regulator may recover its
costs in connection with prosecuting such action if the Agency or State
attorney general is the prevailing party in the action.
(c) Civil Money Penalty in Court and Administrative Actions.--
(1) In general.--Any person who violates, through any act
or omission, any provision of this Act or a rule or order
issued pursuant to this Act shall forfeit and pay a civil
penalty under this subsection.
(2) Penalty amount.--
(A) In general.--The amount of a civil penalty
under this subsection may not exceed, for each
violation, the product of--
(i) the maximum civil penalty for which a
person, partnership, or corporation may be
liable under section 5(m)(1)(A) of the Federal
Trade Commission Act (15 U.S.C. 45(m)(1)(A))
for a violation of a rule under such Act
respecting unfair or deceptive acts or
practices, as adjusted under the Federal Civil
Penalties Inflation Adjustment Act of 1990 (28
U.S.C. 2461 note); and
(ii) the number of individuals whose
personal information is affected by the
violation.
(B) Continuing violations.--In the case of a
violation through continuing failure to comply with a
provision of this Act or a rule or order prescribed
under this Act, each day of continuance of such failure
shall be treated as a separate violation for purposes
of subparagraph (A).
(3) Mitigating factors.--In determining the amount of any
penalty assessed under paragraph (2), the court or the Agency
shall take into account the appropriateness of the penalty with
respect to--
(A) the size of financial resources and good faith
of the person charged;
(B) the gravity of the violation;
(C) the severity of the privacy harms (including
both actual and potential harms) to individuals;
(D) any disparate impact of the privacy harms
(including both actual and potential harms) on
protected classes;
(E) the history of previous violations; and
(F) such other matters as justice may require.
(4) Authority to modify or remit penalty.--The Agency,
State attorney general, or State privacy regulator may
compromise, modify, or remit any penalty which may be assessed
or has already been assessed under paragraph (2). The amount of
such penalty, when finally determined, shall be exclusive of
any sums owed by the person to the United States in connection
with the costs of the proceeding, and may be deducted from any
sums owing by the United States to the person charged.
(5) Notice and hearing.--No civil penalty may be assessed
under this subsection with respect to a violation of any
provision of this Act or a rule or order issued pursuant to
this Act, unless--
(A) the Agency, State attorney general, or State
privacy regulator gives notice and an opportunity for a
hearing to the person accused of the violation; or
(B) the appropriate court has ordered such
assessment and entered judgment in favor of the Agency,
State attorney general, or State privacy regulator.
SEC. 407. REFERRAL FOR CRIMINAL PROCEEDINGS.
If the Agency obtains evidence that any person, domestic or
foreign, has engaged in conduct that may constitute a violation of
Federal criminal law, the Agency shall transmit such evidence to the
Attorney General of the United States, who may institute criminal
proceedings under appropriate law. Nothing in this section affects any
other authority of the Agency to disclose information.
SEC. 408. WHISTLEBLOWER ENFORCEMENT.
(a) In General.--Any person who becomes aware, based on nonpublic
information, that a covered entity has violated this Act may file a
civil action for civil penalties, if prior to filing such action, the
person files with the Director a written request for the Director to
commence the action. The request shall include a clear and concise
statement of the grounds for believing a cause of action exists. The
person shall make the nonpublic information available to the Director
upon request:
(1) If the Director files suit within 90 days from receipt
of the written request to commence the action, no other action
may be brought unless the action brought by the Director is
dismissed without prejudice.
(2) If the Director does not file suit within 90 days from
receipt of the written request to commence the action, the
person requesting the action may proceed to file a civil
action.
(3) The time period within which a civil action shall be
commenced shall be tolled from the date of receipt by the
Director of the written request to either the date that the
civil action is dismissed without prejudice, or for 150 days,
whichever is later, but only for a civil action brought by the
person who requested the Director to commence the action.
(b) Allocation of Civil Penalties.--If a judgment is entered
against the defendant or defendants in an action brought pursuant to
this section, or the matter is settled, amounts received as civil
penalties or pursuant to a settlement of the action shall be allocated
as follows:
(1) If the action was brought by the Director upon a
request made by a person pursuant to subsection (a), the person
who made the request shall be entitled to 15 percent of the
civil penalties.
(2) If the action was brought by the person who made the
request pursuant to subsection (a), that person shall receive
an amount the court determines is reasonable for collecting the
civil penalties on behalf of the government. The amount shall
be not less than 25 percent and not more than 50 percent of the
proceeds of the action and shall be paid out of the proceeds.
TITLE V--RELATION TO OTHER LAW
SEC. 501. EFFECTIVE DATE.
(a) In General.--This Act shall apply beginning on the date that is
1 year after the date of the enactment of this Act.
(b) Authority To Promulgate Regulations and Take Certain Other
Actions.--Nothing in subsection (a) affects the authority of the Agency
to take an action expressly required by a provision of this Act to be
taken before the effective date described in such subsection.
SEC. 502. RELATION TO OTHER FEDERAL LAW.
Nothing in this Act shall be construed to modify, limit, or
supersede the operation of any privacy or security provision in the
following:
(1) Section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'').
(2) The Right to Financial Privacy Act of 1978 (12 U.S.C.
3401 et seq.).
(3) The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
(4) The Fair Debt Collection Practices Act (15 U.S.C. 1692
et seq.).
(5) The Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501 et seq.).
(6) Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801
et seq.).
(7) Chapter 119, 123, or 206 of title 18, United States
Code.
(8) 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'').
(9) Section 445 of the General Education Provisions Act (20
U.S.C. 1232h).
(10) The Privacy Protection Act of 1980 (42 U.S.C. 2000aa
et seq.).
(11) The regulations promulgated under section 264(c) of
the Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note), as those regulations relate to--
(A) a person described in section 1172(a) of the
Social Security Act (42 U.S.C. 1320d-1(a)); or
(B) transactions referred to in section 1173(a)(1)
of the Social Security Act (42 U.S.C. 1320d-2(a)(1)).
(12) The Communications Assistance for Law Enforcement Act
(47 U.S.C. 1001 et seq.).
(13) Section 222, 227, 338, or 631 of the Communications
Act of 1934 (47 U.S.C. 222, 227, 338, or 551).
(14) The E-Government Act of 2002 (44 U.S.C. 101 et seq.).
(15) The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
(16) The Federal Information Security Management Act of
2002 (44 U.S.C. 3541 et seq.).
(17) The Currency and Foreign Transactions Reporting Act of
1970, as amended (commonly known as the ``Bank Secrecy Act'')
(12 U.S.C. 1829b and 1951-1959, 31 U.S.C. 5311-5314 and 5316-
5332), including the International Money Laundering Abatement
and Financial Anti-Terrorism Act of 2001, title III of Public
Law 107-56, as amended.
(18) The National Security Act of 1947 (50 U.S.C. 3001 et
seq.).
(19) The Foreign Intelligence Surveillance Act of 1978, as
amended (50 U.S.C. 1801 et seq.).
(20) The Civil Rights Act of 1964 (Public Law 88-352, 78
Stat. 241).
(21) The Americans with Disabilities Act (42 U.S.C. 12101
et seq.).
(22) The Fair Housing Act (42 U.S.C. 3601 et seq.).
(23) The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.).
(24) The Equal Credit Opportunity Act (15 U.S.C. 1691 et
seq.).
(25) The Age Discrimination in Employment Act (29 U.S.C.
621 et seq.).
(26) The Genetic Information Nondiscrimination Act (Public
Law 110-233, 122 Stat. 881).
(27) Subpart A of part 46 of title 45, Code of Federal
Regulations (commonly known as the ``Common Rule'').
(28) The Driver's Privacy Protection Act of 1994 (18 U.S.C.
2721 et seq.).
(29) The Video Privacy Protection Act (18 U.S.C. 2710 et
seq.).
(30) Chapters 61, 68, 75, and 76 of the Internal Revenue
Code of 1986.
(31) Section 1106 of the Social Security Act (42 U.S.C.
1306).
(32) The Stored Communications Act (18 U.S.C. 2701 et
seq.).
(33) Any other privacy or information security provision of
Federal law.
SEC. 503. RELATION TO STATE LAW.
This Act, and any amendment, standard, rule, requirement,
assessment, or regulation promulgated under this Act, does not annul,
alter, affect, or exempt any person subject to the provisions of this
Act from complying with the laws of any State or political subdivision
of a State with respect to privacy or consumer protection, except to
the extent that those laws are inconsistent with any provisions of this
Act, and then only to the extent of the inconsistency. For purposes of
this section, a law of a State or political subdivision of a State is
not inconsistent with this Act if the protection such law affords any
consumer is greater than the protection provided by this Act.
SEC. 504. SEVERABILITY.
If any provision of this Act or the amendments made by this Act, or
the application thereof, is held unconstitutional or otherwise invalid,
the validity of the remainder of the Act, the amendments, and the
application of such provision shall not be affected thereby.
TITLE VI--NIST AND NSF ACTIVITIES
SEC. 601. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY PRIVACY
RESEARCH AND DEVELOPMENT.
Section 2 of the National Institute of Standards and Technology Act
(15 U.S.C. 272) is amended by adding at the end the following:
``(f) Privacy Risk Management Research.--In carrying out the
activities under subsection (c)(19), the Director shall, to the extent
practicable and appropriate--
``(1) develop, and periodically update, in collaboration
with appropriate Federal agencies, industry, State, local, and
Tribal governments, civil society, other nonprofit
organizations, and the Information Security and Privacy
Advisory Board, a privacy risk management framework that covers
risks associated with data processing and that shall--
``(A) identify voluntary, consensus-based technical
standards, guidelines, best practices, methodologies,
procedures, and processes for--
``(i) developing privacy-enhanced
information systems and networks, including
emerging technologies; and
``(ii) assessing and mitigating privacy
risks to help organizations protect
individuals' privacy in information systems and
networks;
``(B) establish common definitions and
characterizations for aspects of privacy risk
management;
``(C) provide case studies and risk profiles of
framework implementation;
``(D) provide guidance to enable organizations to
use the framework to meet privacy requirements from
Federal, State, local, and Tribal governments and
international policymakers;
``(E) incorporate voluntary, consensus-based
technical standards and best practices;
``(F) facilitate use by regulators and markets with
the aim of reducing barriers to trade; and
``(G) not prescribe or otherwise require the use of
specific information or communications technology
products or services;
``(2) carry out research associated with mitigating privacy
risks associated with information systems and networks,
including to inform periodic updates to the privacy risk
management framework developed pursuant to paragraph (1);
``(3) in consultation with the Director of the Digital
Privacy Agency, the Federal Trade Commission, and other related
sector-specific risk management agencies, support the
development of guidance and risk profiles to help organizations
utilize the privacy risk management framework developed
pursuant to paragraph (1), to the extent practicable, to adopt
privacy requirements and regulations established by the Federal
Government, States, and international policymakers;
``(4) support activities to improve the efficacy and
applicability of privacy-preserving computing, de-
identification techniques and processes, and other
technological means of mitigating individuals' privacy risks by
enhancing predictability, manageability, disassociability, and
confidentiality;
``(5) support and strategically engage in the development
of voluntary, consensus-based technical standards for privacy-
enhanced systems and networks, including international
technical standards, through open, transparent, and consensus-
based processes; and
``(6) conduct such other activities as determined necessary
by the Director to help public and private sector organizations
mitigate the privacy risks associated with information systems
and networks.''.
SEC. 602. NATIONAL PRIVACY AWARENESS AND EDUCATION INITIATIVE.
(a) National Privacy Awareness and Education Initiative.--The
Director of the National Institute of Standards and Technology, in
consultation and collaboration with relevant Federal agencies, State,
local, and Tribal governments, industry, educational institutions,
civil society, and other nonprofit organizations, as appropriate, shall
carry out privacy-related education and public awareness activities,
including--
(1) the widespread dissemination of privacy-related
technical standards and best practices identified by the
Director;
(2) efforts to make privacy-related technical standards and
best practices usable by individuals, small-to-medium-sized
businesses, educational institutions, and State, local, and
Tribal governments;
(3) activities to increase the awareness of privacy risks,
individual privacy rights, and responsibilities; and
(4) supporting the development of technical standards and
best practices to describe privacy-related tasks, knowledge,
skills, abilities, competencies, and work roles to guide career
development, education, and training activities in industry,
academia, nonprofit organizations, and the Federal Government,
including support for credentialing.
(b) Considerations.--In carrying out the authority described in
subsection (a), the Director of the National Institute of Standards and
Technology, in consultation with appropriate Federal agencies, shall
leverage, to the extent practicable, the national cybersecurity
awareness and education program under section 303 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7443).
(c) Biennial Briefings.--Not later than one year after the date of
the enactment of this Act and biennially thereafter, the Director of
the National Institute of Standards and Technology shall brief the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives on the activities carried out pursuant to subsection
(a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2024 through 2028.
SEC. 603. NATIONAL SCIENCE FOUNDATION PRIVACY RESEARCH.
The Director of the National Science Foundation shall make awards
on a competitive basis to institutions of higher education or non-
profit organizations (or consortia of such institutions or
organizations) to support multidisciplinary and transdisciplinary
socio-technical research to design, prototype, and translate to
practice privacy-preserving technologies and increase understanding of
the human, social, behavioral, and economic dimensions of such
potential technologies, including research on the following:
(1) Public understanding, expectations, and perspectives on
privacy.
(2) Consumer privacy rights, including right to access,
correction, deletion, data portability, individual autonomy,
impermanence, and to be informed.
(3) Privacy governance and transparency, including notice
and consent processes and the efficacy of privacy policies.
(4) Empowering consumers for data ownership and control.
(5) Privacy by design.
(6) Privacy-preserving automated decision-making systems
and human review of automated decision-making systems.
(7) Ensuring privacy in consumer surveillance systems.
(8) User interfaces, including design elements that
deliberately obscure, mislead, coerce, or deceive consumers.
(9) Privacy implications of emerging technologies.
(10) Incentives to implement privacy protections.
<all>
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118HR2702 | Tax Refund Protection Act | [
[
"B001278",
"Rep. Bonamici, Suzanne [D-OR-1]",
"sponsor"
],
[
"C001072",
"Rep. Carson, Andre [D-IN-7]",
"cosponsor"
],
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponsor"
],
[
"H001081",
"Rep. Hayes, Jahana [D-CT-5]",
"cosponsor"
]
] | <p> <strong>Tax Refund Protection Act </strong></p> <p>This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. </p> <p>Treasury may impose a penalty on tax return preparers who fail to make required disclosures.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2702 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2702
To regulate tax return preparers and refund anticipation payment
arrangements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Bonamici (for herself, Mr. Carson, Ms. Norton, and Mrs. Hayes)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To regulate tax return preparers and refund anticipation payment
arrangements.
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 Refund Protection Act''.
SEC. 2. REGULATION OF TAX RETURN PREPARERS.
(a) In General.--Section 330 of title 31, United States Code, is
amended to read as follows:
``Sec. 330. Practice before the department and tax return preparers
``(a) Subject to section 500 of title 5, the Secretary of the
Treasury may--
``(1) regulate the practice of representatives of persons
before the Department of the Treasury through licensure;
``(2) certify the practice of tax return preparers; and
``(3) before admitting a representative or a tax return
preparer to practice, require that the representative or tax
return preparer demonstrate--
``(A) good character;
``(B) good reputation;
``(C) necessary qualifications to enable the
representative or tax return preparer to provide to
persons valuable service; and
``(D) competency to advise and assist persons in
presenting their cases or in preparing tax returns,
claims for refund, or other submissions related to the
Internal Revenue Code of 1986 or other laws or
regulations administered by the Internal Revenue
Service.
``(b) Any enrolled agents properly licensed to practice as required
under rules promulgated under subsection (a) shall be allowed to use
the credentials or designation of `enrolled agent', `EA', or `E.A.'.
``(c)(1) After notice and opportunity for a proceeding, the
Secretary may, with respect to a representative or tax return preparer
who is described in paragraph (2)--
``(A) suspend or disbar from practice before the Department
a representative;
``(B) decertify a tax return preparer; or
``(C) censure a representative or tax return preparer.
``(2) A representative or tax return preparer is described in this
paragraph if the representative or tax return preparer--
``(A) is incompetent;
``(B) is disreputable;
``(C) violates regulations prescribed under this section;
or
``(D) with intent to defraud, willfully and knowingly
misleads or threatens the person being represented or a
prospective person to be represented.
``(3) The Secretary may impose a monetary penalty on any
representative or tax return preparer described in paragraph (2). If
the representative or tax return preparer was acting on behalf of an
employer or any firm or other entity in connection with the conduct
giving rise to such penalty, the Secretary may impose a monetary
penalty on such employer, firm, or entity if it knew, or reasonably
should have known, of such conduct. Such penalty shall not exceed the
gross income derived (or to be derived) from the conduct giving rise to
the penalty and may be in addition to, or in lieu of, any suspension of
the representative, the decertification of the tax return preparer, or
censure of the representative or the tax return preparer.
``(d) After notice and opportunity for a hearing to any appraiser,
the Secretary may--
``(1) provide that appraisals by such appraiser shall not
have any probative effect in any administrative proceeding
before the Department of the Treasury or the Internal Revenue
Service, and
``(2) bar such appraiser from presenting evidence or
testimony in any such proceeding.
``(e) Nothing in this section or in any other provision of law
shall be construed to limit the authority of the Secretary of the
Treasury to impose standards applicable to the rendering of written
advice with respect to any entity, transaction plan or arrangement, or
other plan or arrangement, which is of a type which the Secretary
determines as having a potential for tax avoidance or evasion.
``(f)(1) The Secretary of the Treasury may impose fees on tax
return preparers necessary to implement such programs as required by
subsection (a).
``(2) In addition to paragraph (1), the Commissioner of Internal
Revenue may impose an annual fee necessary for any competency testing
and training required for licensure and certification under this
section.
``(3) Nothing in this section may be construed to limit the
authority of the Commissioner of Internal Revenue to issue orders and
establish fees related to the other purposes, including the issuing of
Preparer Tax Identification Numbers.
``(g) For purposes of this section--
``(1) the term `tax return preparer' has the meaning given
such term by section 7701(a)(36) of the Internal Revenue Code
of 1986;
``(2) the term `tax return' has the meaning given to the
term `return' under section 6696(e)(1) of such Code; and
``(3) the term `claim for refund' has the meaning given
such term under section 6696(e)(2) of such Code.''.
(b) Clerical Amendment.--The chapter analysis for chapter 3 of
title 31, United States Code, is amended by striking the item relating
to section 330 and inserting the following:
``330. Practice before the department and tax return preparers.''.
SEC. 3. CLARIFYING AUTHORITY TO IMPOSE CIVIL PENALTIES FOR IMPROPER
DISCLOSURES.
Subsection (c) of section 6713 of the Internal Revenue Code of 1986
is amended to read as follows:
``(c) Exceptions.--
``(1) Exceptions.--The rules of section 7216(b) shall apply
for purposes of this section.
``(2) Cross reference.--See section 7216 for criminal
penalty for disclosure or use of information by preparers of
returns.''.
SEC. 4. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS.
(a) Disclosure Requirements for Tax Return Preparers.--Subchapter A
of chapter 80 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new section:
``SEC. 7813. DISCLOSURE REQUIREMENTS FOR TAX RETURN PREPARERS.
``(a) In General.--The Secretary may require tax return preparers
to provide disclosures to a person receiving tax return preparation
services or a prospective person to receive such services. Such
disclosures shall--
``(1) identify the amount of fees the tax return preparer
charges for preparing a tax return, filing a tax return,
submitting a claim for refund, executing a refund anticipation
payment arrangement, or submitting other submissions related to
this title or other laws or regulations administered by the
Internal Revenue Service,
``(2) identify where on the website published by the
Internal Revenue Service the average amount of time in which an
individual who files a Federal income tax return can expect to
receive a refund,
``(3) in the case of a refund anticipation payment
arrangement involving a depository account not controlled by
the person receiving tax return preparation services or a
prospective person to receive such services, describe--
``(A) the difference in days between the average
amount of time by which a person receiving tax return
preparation services or a prospective person to receive
such services receives the tax refund (in whole or in
part) from a refund anticipation payment arrangement,
and
``(B) the average amount of time by which a person
receiving tax return preparation services or a
prospective person to receive such services who files a
Federal income tax return electronically receives the
tax refund deposited directly to that person's account
by the taxing authority,
``(4) state that a refund anticipation payment arrangement
is not necessary to receive a tax refund,
``(5) state that, if a person receiving tax return
preparation services or a prospective person to receive such
services does not receive a tax refund or the amount of the tax
refund is less than the amount anticipated under the refund
anticipation payment arrangement, the person receiving tax
return preparation services or a prospective person to receive
such services may be responsible for paying any fees and
interest associated with a refund anticipation payment
arrangement, and
``(6) include any such other disclosures not specified in
the preceding paragraphs to carry out this section that the
Secretary deems appropriate.
``(b) Refund Anticipation Payment Arrangement Defined.--For
purposes of this section, the term `refund anticipation payment
arrangement' means an arrangement under which, in exchange for Federal
income tax preparation services, a consumer agrees to pay a fee or
interest upon receipt of the consumer's tax refund to a tax return
preparer, lender, or other affiliated lender by--
``(1) requesting the Federal Government to deposit such tax
refund, in whole or in part, directly into a depository account
designated by either the consumer or the tax return preparer,
lender, or other affiliated lender, or
``(2) directly paying the fee or interest to the tax return
preparer, lender, or other affiliated lender.''.
(b) Failure To Disclose.--Part I of subchapter B of chapter 68 of
such Code is amended by adding at the end the following:
``SEC. 6720D. FAILURE TO MEET DISCLOSURE REQUIREMENTS FOR TAX RETURN
PREPARERS.
``(a) General Rule.--If a tax return preparer fails to meet the
requirements of section 7813, the Secretary may impose a penalty of up
to $1,000 per each such failure.
``(b) Penalty in Addition to Other Penalties.--The penalty imposed
by this section shall be in addition to any other penalty imposed by
law.''.
(c) Clerical Amendments.--
(1) The table of sections for subchapter B of chapter 68 of
such Code is amended by inserting after the item related to
section 6720C the following new item:
``Sec. 6720D. Failure to meet disclosure requirements for tax return
preparers.''.
(2) The table of sections for subchapter A of chapter 80 of
such Code is amended by inserting after the item related to
section 7812 the following new item:
``Sec. 7813. Disclosure requirements for tax return preparers.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to returns filed after December 31, 2023.
<all>
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118HR2703 | Green Energy for Federal Buildings Act | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
"C001066",
"Rep. Castor, Kathy [D-FL-14]",
"cosponsor"
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[
"H001068",
"Rep. Huffman, Jared [D-CA-2]",
"cosponsor"
],... | <p><b>Green Energy for Federal Buildings Act</b></p> <p>This bill requires the federal government to increase the amount of renewable energy it consumes to 35% of its total electricity share by 2030, 75% by 2040, and 100% by 2050. In carrying out the requirement, the Department of Energy must seek to ensure that the federal government consumes renewable energy produced on-site at federal facilities, on federal lands, or on Native American lands.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2703 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2703
To amend the Energy Policy Act of 2005 to update the Federal purchase
requirement to ensure the use of 100 percent renewable energy by 2050,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to update the Federal purchase
requirement to ensure the use of 100 percent renewable energy by 2050,
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 ``Green Energy for Federal Buildings
Act''.
SEC. 2. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is
amended--
(1) in subsection (a)--
(A) by amending paragraph (3) to read as follows:
``(3) Not less than 7.5 percent in fiscal years 2013
through 2019.''; and
(B) by adding at the end the following:
``(4) Not less than 35 percent in fiscal years 2030 through
2039.
``(5) Not less than 75 percent in fiscal years 2040 through
2049.
``(6) Not less than 100 percent in fiscal year 2050 and
each fiscal year thereafter.''; and
(2) by amending subsection (c) to read as follows:
``(c) Feasibility.--In carrying out this section, the Secretary
shall seek to ensure that, to the maximum extent economically feasible
and technically practicable, the Federal Government consumes renewable
energy produced--
``(1) on-site at a Federal facility;
``(2) on Federal lands; or
``(3) on Indian land as defined in section 2601 of the
Energy Policy Act of 1992 (25 U.S.C. 3501).''.
<all>
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118HR2704 | Green Federal Fleet Act | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
"C001066",
"Rep. Castor, Kathy [D-FL-14]",
"cosponsor"
],
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponsor"
]
] | <p><b>Green Federal Fleet Act</b></p> <p>This bill requires passenger vehicles that are purchased or leased from a nonfederal entity by a federal agency to be zero-emission vehicles. This requirement does not apply to tactical vehicles or in circumstances where a zero-emission vehicle is not technically feasible.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2704 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2704
To prohibit Federal agencies from purchasing or leasing new vehicles
that are not zero-emission vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To prohibit Federal agencies from purchasing or leasing new vehicles
that are not zero-emission 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 ``Green Federal Fleet Act''.
SEC. 2. PROHIBITION ON THE PURCHASE OR LEASE OF VEHICLES THAT ARE NOT
ZERO-EMISSIONS VEHICLES BY FEDERAL AGENCIES.
(a) Prohibition.--Notwithstanding any other provision of law,
except as provided in paragraph (2), the head of a Federal agency may
not purchase or lease a non-tactical passenger vehicle from a non-
Federal entity unless that vehicle is a zero-emission vehicle.
(b) Exemption.--The head of a Federal agency may purchase or lease
a non-tactical passenger vehicle from a non-Federal entity that is not
a zero-emission vehicle if the head determines that, with respect to a
particular circumstance, using a zero-emission vehicle will not be
technically feasible.
(c) Application.--The prohibition established under subsection (a)
shall not apply with respect to purchases made and leases entered into
before the date of the enactment of this Act.
(d) Definitions.--In this Act:
(1) Zero-emission vehicle.--The term ``zero-emission
vehicle'' means a passenger vehicle that produces zero exhaust
emissions of any criteria pollutant, precursor pollutant, or
greenhouse gas, other than water vapor, in any mode of
operation or condition, as determined by the Administrator of
the Environmental Protection Agency.
(2) Federal agency.--The term ``Federal Agency'' means an
establishment in the legislative, judicial, or executive branch
of the Federal Government.
<all>
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118HR2705 | Women in Aviation Advisory Board Act | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
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"Del. Norton, Eleanor Holmes [D-DC-At Large]",
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[
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"Rep. Davis, Donald G. [D-NC-1]",
"cosponsor"
],
[
"J000305",
"Rep. Jacobs, Sara [D-CA-51]",
"cosponsor"
]... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2705 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2705
To direct the Secretary of Transportation to establish a Federal
Advisory Committee on Women in Aviation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a Federal
Advisory Committee on Women in Aviation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women in Aviation Advisory Board
Act''.
SEC. 2. FEDERAL ADVISORY COMMITTEE ON WOMEN IN AVIATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a Federal Advisory Committee on Women in Aviation (in this section
referred to as the ``Committee'').
(b) Duties.--The Committee shall advise the Secretary of
Transportation and the Administrator of the Federal Aviation
Administration on matters related to the education, training,
mentorship, outreach, recruitment, and retention of women in the
aviation industry.
(c) Support.--The Secretary of Transportation shall establish in
the Department of Transportation an office to provide administrative
and logistical support to the Committee.
(d) Membership.--Not later than 90 days after the establishment of
the Committee under subsection (a), the Secretary of Transportation
shall--
(1) appoint members of the Committee, including not less
than one representative from each of the following, including--
(A) manufacturers of aircraft, avionics, propulsion
systems, and air traffic management systems;
(B) commercial air carriers, general aviation
operators, and unmanned aircraft systems operators;
(C) airports;
(D) aviation training and maintenance providers;
(E) certified labor representatives of pilots,
flight attendants, air traffic control specialists
employed by the Federal Aviation Administration,
aircraft mechanics, aviation safety inspectors;
(F) institutions of higher education and aviation
trade schools; and
(G) nonprofit organizations within the aviation
industry;
(2) invite the heads of each of the following departments
or agencies to designate not less than 1 representative to
participate on the Committee, including--
(A) the Department of Transportation;
(B) the Federal Aviation Administration;
(C) the Transportation Security Administration;
(D) the National Transportation Safety Board;
(E) the National Aeronautics and Space
Administration; and
(F) any other departments or agencies as the
Secretary determines appropriate; and
(3) invite the Chair of the Committee to appoint up to 6
additional members approved by the Committee to ensure balanced
representation from the aviation industry, labor stakeholders,
and stakeholder associations.
(e) Chair and Subcommittee Chairs.--The Committee shall select a
member to serve as Chairperson and shall select such subcommittee
chairs as the Committee may require.
(f) Duration.--
(1) In general.--Except as provided in paragraph (2),
members of the Committee shall be appointed for 6 year terms.
(2) Additional members.--Members appointed under subsection
(d)(14) shall serve for a 2 year term.
(3) Succession.--In the case of a member resigning, dying,
or otherwise becoming incapable of serving on the Committee,
the Chair shall appoint a member to serve for the remaining
period of the term.
(4) Term expiration.--Upon the expiration of a term of a
member of the Committee, such member may serve until a
replacement member is appointed under subsection (d).
(5) Vacancies.--Not later than 90 days after receiving
notice of a vacancy in the Committee, the Chair shall fill the
vacancy in the same manner as the original appointment.
(g) Meetings.--The Committee--
(1) shall meet not less than 2 times per year; and
(2) may conduct business through public hearings, site
visits, briefings, and other activities determined appropriate
by the Committee.
(h) Reporting.--Not less than once per year, the Committee shall
submit to the Secretary of Transportation, the Chair of the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Chair of the Committee on Commerce, Science, and Transportation
of the Senate a report describing the activities and recommendations of
the Committee.
(i) Compensation.--
(1) In general.--Committee members shall serve without
compensation.
(2) Per diem.--The members shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code.
(j) Perpetual Existence.--Section 14 of the Federal Advisory
Committee Act (5 App. U.S.C.) shall not apply to the committee.
<all>
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118HR2706 | Charlotte Woodward Organ Transplant Discrimination Prevention Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2706 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2706
To prohibit discrimination on the basis of mental or physical
disability in cases of organ transplants.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mrs. Cammack (for herself, Mrs. Dingell, Mr. Sessions, Ms. Wasserman
Schultz, and Mr. Issa) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit discrimination on the basis of mental or physical
disability in cases of organ transplants.
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 ``Charlotte Woodward Organ Transplant
Discrimination Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Americans with Disabilities Act of 1990, section
504 of the Rehabilitation Act of 1973, and section 1557 of the
Patient Protection and Affordable Care Act prohibit
discrimination against individuals with disabilities in organ
transplantation and the allocation of organs.
(2) Despite those prohibitions, there are findings and
cases that show, as is documented by the National Council on
Disability and others, that individuals with disabilities are
being denied organ transplants and related services based
solely on the fact that those individuals have a disability.
(3) 34 States have crafted State-level policy to prohibit
organ transplant discrimination against individuals with
disabilities. Federal action, however, is required to protect
individuals with disabilities and to enforce existing law
regardless of the State in which they live.
(4) The current situation, with continuing cases of
discrimination against individuals with disabilities, calls for
further clarity by Congress about which actions constitute
discrimination under current law, which entities are covered,
and the remedies available to individuals experiencing
potential discrimination.
(5) Licensed providers of health care services that provide
organ transplants and related services in exchange for medical
fees are engaging in an economic transaction with patients that
occurs in or substantially impacts interstate commerce.
(6) In the national administration of organ allocation in
the United States, organs are transported across State lines
for transplantation procedures.
(7) Discrimination in organ transplantation limits
individuals with disabilities from participating in health care
transactions in a manner that allows equal access to interstate
commerce.
(8) The existence of discrimination against individuals
with disabilities in the provision of organ transplantation and
related services burdens the flow of organs through legal
channels of interstate commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Auxiliary aids and services.--The term ``auxiliary aids
and services'' includes--
(A) qualified interpreters or other effective
methods of making aurally delivered materials available
to individuals with a hearing impairment;
(B) qualified readers, taped texts, or other
effective methods of making visually delivered
materials available to individuals with a visual
impairment;
(C) information in a format that is accessible for
individuals with a cognitive, neurological,
developmental, or intellectual disability;
(D) supported decision-making services; and
(E) acquisition or modification of equipment or
devices.
(2) Covered entity.--The term ``covered entity'' means any
licensed provider of health care services (including licensed
health care practitioners, hospitals, nursing facilities,
laboratories, intermediate care facilities, psychiatric
residential treatment facilities, institutions for individuals
with intellectual or developmental disabilities, and prison
health centers), and any transplant hospital (as defined in
section 121.2 of title 42, Code of Federal Regulations or a
successor regulation), that--
(A) is in interstate commerce; or
(B) provides health care services in a manner
that--
(i) substantially affects or has a
substantial relation to interstate commerce; or
(ii) includes use of an instrument
(including an instrument of transportation or
communication) of interstate commerce.
(3) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Human organ.--The term ``human organ'' has the meaning
given the term in section 301(c) of the National Organ
Transplant Act (42 U.S.C. 274e(c)).
(5) Matching entity.--The term ``matching entity'' means an
entity described in section 4.
(6) Organ transplant.--The term ``organ transplant'' means
the transplantation or transfusion of a donated human organ
into the body of another human for the purpose of treating a
medical condition.
(7) Qualified individual.--The term ``qualified
individual'' means an individual who, with or without a support
network, provision of auxiliary aids and services, or
reasonable modifications to policies or practices, meets
eligibility requirements for the receipt of a human organ.
(8) Reasonable modifications to policies or practices.--The
term ``reasonable modifications to policies or practices''
includes--
(A) communication with persons responsible for
supporting a qualified individual with postsurgical or
other care following an organ transplant or related
services, including support with medication; and
(B) consideration, in determining whether a
qualified individual will be able to comply with health
requirements following an organ transplant or receipt
of related services, of support networks available to
the qualified individual, including family, friends,
and providers of home and community-based services,
including home and community-based services funded
through the Medicare or Medicaid program under title
XVIII or XIX, respectively, of the Social Security Act
(42 U.S.C. 1395 et seq., 1396 et seq.), another health
plan in which the qualified individual is enrolled, or
any program or source of funding available to the
qualified individual.
(9) Related services.--The term ``related services'' means
services related to an organ transplant that consist of--
(A) evaluation;
(B) counseling;
(C) treatment, including postoperative treatment,
and care;
(D) provision of information; and
(E) any other service recommended or required by a
physician.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(11) Supported decision making.--The term ``supported
decision making'' means the use of a support person to assist a
qualified individual in making health care decisions,
communicate information to the qualified individual, or
ascertain a qualified individual's wishes. Such term includes--
(A) the inclusion of the individual's attorney-in-
fact or health care proxy, or any person of the
individual's choice, in communications about the
individual's health care;
(B) permitting the individual to designate a person
of the individual's choice for the purposes of
supporting that individual in communicating, processing
information, or making health care decisions;
(C) providing auxiliary aids and services described
in subparagraph (A), (B), (C), or (E) of paragraph (1)
to facilitate the individual's ability to communicate
and process health-related information, including
providing use of assistive communication technology;
(D) providing health information to persons
designated by the individual, consistent with the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note) and other applicable laws
and regulations governing disclosure of health
information;
(E) providing health information in a format that
is readily understandable by the individual; and
(F) working with a court-appointed guardian or
other person responsible for making health care
decisions on behalf of the individual, to ensure that
the individual is included in decisions involving the
health care of the individual and that health care
decisions are in accordance with the individual's own
expressed interests.
(12) Support network.--The term ``support network'' means,
with respect to a qualified individual, one or more people who
are--
(A) selected by the qualified individual or by the
qualified individual and the guardian of the qualified
individual, to provide assistance to the qualified
individual or guidance to that qualified individual in
understanding issues, making plans for the future, or
making complex decisions; and
(B) who may include the family members, friends,
unpaid supporters, members of the religious
congregation, and appropriate personnel at a community
center, of or serving the qualified individual.
SEC. 4. PROHIBITION OF DISCRIMINATORY POLICY.
An entity who receives a contract under section 372 of the Public
Health Service Act (42 U.S.C. 274) to match human organs and
individuals, and otherwise carry out the functions described in
subsection (b) of that section, shall not issue policies,
recommendations, or other memoranda that would prohibit, or otherwise
hinder, a qualified individual's access to an organ transplant solely
on the basis of that individual's disability.
SEC. 5. PROHIBITION OF DISCRIMINATION.
(a) In General.--Subject to subsection (b), a covered entity may
not, solely on the basis of a qualified individual's disability--
(1) determine that the individual is ineligible to receive
an organ transplant or related services;
(2) deny the individual an organ transplant or related
services;
(3) refuse to refer the individual to an organ transplant
center or other related specialist for the purpose of receipt
of an organ transplant or other related services; or
(4) refuse to place the individual on an organ transplant
waiting list.
(b) Exception.--
(1) In general.--
(A) Medically significant disabilities.--
Notwithstanding subsection (a), a covered entity may
take a qualified individual's disability into account
when making a health care treatment or coverage
recommendation or decision, solely to the extent that
the disability has been found by a physician, following
an individualized evaluation of the potential
recipient, to be medically significant to the receipt
of the organ transplant or related services, as the
case may be.
(B) Construction.--Subparagraph (A) shall not be
construed to require a referral or recommendation for,
or the performance of, a medically inappropriate organ
transplant or medically inappropriate related services.
(2) Clarification.--If a qualified individual has the
necessary support network to provide a reasonable assurance
that the qualified individual will be able to comply with
health requirements following an organ transplant or receipt of
related services, as the case may be, the qualified
individual's inability to independently comply with those
requirements may not be construed to be medically significant
for purposes of paragraph (1).
(c) Reasonable Modifications.--A covered entity shall make
reasonable modifications to policies or practices (including
procedures) of such entity if such modifications are necessary to make
an organ transplant or related services available to qualified
individuals with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature of such
policies or practices.
(d) Clarifications.--
(1) No denial of services because of absence of auxiliary
aids and services.--For purposes of this section, a covered
entity shall take such steps as may be necessary to ensure that
a qualified individual with a disability is not denied a
procedure associated with the receipt of an organ transplant or
related services, because of the absence of auxiliary aids and
services, unless the covered entity can demonstrate that taking
such steps would fundamentally alter the nature of the
procedure being offered or would result in an undue burden on
the entity.
(2) Compliance with other law.--Nothing in this section
shall be construed--
(A) to prevent a covered entity from providing
organ transplants or related services at a level that
is greater than the level that is required by this
section; or
(B) to limit the rights of an individual with a
disability under, or to replace or limit the scope of
obligations imposed by, the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) including the
provisions added to such Act by the ADA Amendments Act
of 2008, section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), section 1557 of the Patient Protection
and Affordable Care Act (42 U.S.C. 18116), or any other
applicable law.
(e) Enforcement.--
(1) In general.--Any individual who alleges that a
qualified individual was subject to a violation of this section
by a covered entity--
(A) may bring a claim regarding the allegation to
the Office for Civil Rights of the Department of Health
and Human Services, for expedited resolution; and
(B) whether or not such a claim is brought under
subparagraph (A) or a violation is found pursuant to
subparagraph (A), may bring a civil action in a
district court of the United States for injunctive or
other equitable relief, including the relief described
in paragraph (2), against such covered entity to obtain
compliance of such covered entity with this section.
(2) Relief available.--The injunctive and equitable relief
available in a civil action brought under paragraph (1)(B),
with respect to a covered entity, includes--
(A) requiring auxiliary aids and services to be
made available by the entity involved;
(B) requiring reasonable modifications to policies
or practices (including procedures) of such entity; or
(C) requiring that a facility of such entity be
made readily accessible and usable.
(3) Expedited review.--In the case of a civil action
brought under paragraph (1)(B), with respect to a covered
entity, the district court in which such action is brought
shall advance on its docket and expedite review and disposition
of such action.
(4) Rule of construction.--Nothing in this subsection is
intended to limit or replace available remedies under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or any other applicable law.
SEC. 6. APPLICATION TO EACH PART OF PROCESS.
The provisions of this Act--
(1) that apply to an organ transplant, also apply to the
evaluation and listing of a qualified individual, and to the
organ transplant and post-organ-transplant treatment of such an
individual; and
(2) that apply to related services, also apply to the
process for receipt of related services by such an individual.
SEC. 7. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to supersede any provision
of any State or local law that provides greater rights to qualified
individuals with respect to organ transplants than the rights
established under this Act.
<all>
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118HR2707 | MADE in America Act | [
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[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2707 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2707
To mitigate drug shortages and provide incentives for maintaining,
expanding, and relocating the manufacturing of active pharmaceutical
ingredients, excipients, medical diagnostic devices, pharmaceuticals,
and personal protective equipment in the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Carter of Georgia (for himself, Mr. Soto, Mrs. Miller of West
Virginia, Mr. Cartwright, Mr. Hudson, Mr. Bilirakis, Mr. Griffith, Mr.
Balderson, Mr. Van Drew, Mr. Crawford, Mrs. Harshbarger, and Mr.
Langworthy) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To mitigate drug shortages and provide incentives for maintaining,
expanding, and relocating the manufacturing of active pharmaceutical
ingredients, excipients, medical diagnostic devices, pharmaceuticals,
and personal protective equipment in the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manufacturing API, Drugs, and
Excipients in America Act'' or the ``MADE in America Act''.
SEC. 2. CREDIT FOR PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION
ACTIVITIES IN DISTRESSED ZONES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45BB. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE
PRODUCTION CREDIT.
``(a) In General.--For purposes of section 38, the distressed zone
pharmaceutical and medical device production credit for the taxable
year shall be an amount equal to the applicable percentage of the
qualified production activity expenditures of the taxpayer for the
taxable year.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
term `applicable percentage' means 25 percent.
``(2) Increased amount where employees reside in distressed
zone.--In the case of any qualified pharmaceutical or medical
device production business a substantial portion of the
employees of which reside in a distressed zone, the applicable
percentage shall be 30 percent.
``(c) Qualified Production Activity Expenditures.--For purposes of
this section--
``(1) In general.--The term `qualified production activity
expenditures' means--
``(A) wages paid or incurred to an employee of the
taxpayer for services performed by such employee in the
conduct of a qualified pharmaceutical or diagnostic
medical device production business in a distressed zone
(but only if the employee's principal place of
employment is in a distressed zone), and
``(B) qualified pharmaceutical or medical device
production expenditures.
``(2) Qualified pharmaceutical or medical device production
business.--
``(A) In general.--The term `qualified
pharmaceutical or medical device production business'
means the trade or business of producing qualified
pharmaceuticals in commercial quantities.
``(B) Qualified pharmaceuticals.--
``(i) In general.--The term `qualified
pharmaceuticals' means pharmaceuticals, active
pharmaceutical ingredients, excipients, medical
diagnostic devices, or personal protective
equipment.
``(ii) Pharmaceutical.--The term
`pharmaceuticals'--
``(I) means any drug (as defined in
section 201 of the Federal Food, Drug,
and Cosmetic Act), and
``(II) includes a biological
product (as defined in section 351 of
the Public Health Service Act).
``(iii) Active pharmaceutical ingredient.--
The term `active pharmaceutical ingredients'
has the meaning given to such term in section
207.1 of title 21, Code of Federal Regulations
(or any successor regulations).
``(iv) Excipient.--The term `excipient'--
``(I) means any inactive ingredient
that is intentionally added to a
pharmaceutical that is not intended to
exert therapeutic effects at the
intended dosage, other than by acting
to improve product delivery, and
``(II) includes any such filler,
extenders, diluent, wetting agent,
solvent, emulsifier, preservative,
flavor, absorption enhancer, sustained
release matrix, and coloring agent.
``(v) Medical diagnostic device.--The term
`medical diagnostic device' means any device
(as defined in section 201(h) of the Federal
Food, Drug, and Cosmetic Act) intended for use
in the diagnosis of disease or other
conditions.
``(vi) Personal protective equipment.--The
term `personal protective equipment' means--
``(I) any device (as defined in
section 201(h) of the Federal Food,
Drug, and Cosmetic Act) that is a face
mask, filtering facepiece respirator,
face shield, surgical mask, gown, other
apparel, or glove that is intended for
a medical purpose, and
``(II) any particulate filtering
air purifying respiratory protective
device that is approved by the National
Institute for Occupational Safety and
Health under part 84 of title 42, Code
of Federal Regulations (or successor
regulations).
``(3) Certain health plan expenses treated as wages.--
``(A) In general.--The term `wages' shall include
so much of the eligible employer's qualified health
plan expenses as are properly allocable to such wages.
``(B) Qualified health plan expenses.--For purposes
of this paragraph, the term `qualified health plan
expenses' means amounts paid or incurred by the
eligible employer to provide and maintain a group
health plan (as defined in section 5000(b)(1)), but
only to the extent that such amounts are excluded from
the gross income of employees by reason of section
106(a) of such Code.
``(C) Allocation rules.--For purposes of this
paragraph, qualified health plan expenses shall be
allocated to qualified wages in such manner as the
Secretary may prescribe. Except as otherwise provided
by the Secretary, such allocation shall be treated as
properly made if made on the basis of being pro rata
among employees and pro rata on the basis of periods of
coverage (relative to the periods to which such wages
relate).
``(4) Qualified pharmaceutical or medical device production
expenditures.--
``(A) Definition.--The term `qualified
pharmaceutical or medical device production
expenditures' means amounts paid or incurred (whether
or not chargeable to capital account) for qualified
property used in the conduct of a qualified
pharmaceutical or medical device production business in
a distressed zone (but only if the primary use of such
property is in a distressed zone).
``(B) Qualified property.--
``(i) In general.--The term `qualified
property' means any tangible personal property
(other than a building or its structural
components) used in the conduct of a qualified
pharmaceutical or medical device production
business in a distressed zone (but only if the
primary use of such property is in a distressed
zone).
``(ii) Exception.--Such term shall not
include any property described in section 50(b)
(determined as if the United States included
Puerto Rico).
``(d) Distressed Zone.--For purposes of this section, the term
`distressed zone' means a population census tract which--
``(1) has been designated as a qualified opportunity zone
under section 1400Z-1, and
``(2) has a poverty rate in excess of 30 percent for the
calendar year prior to the calendar year that includes the date
of enactment of this section.
``(e) Special Rules.--
``(1) Application to united states shareholders of
controlled foreign corporations.--
``(A) In general.--In the case of a domestic
corporation that is a United States shareholder of a
qualified controlled foreign corporation, the credit
under subsection (a) (determined without regard to this
paragraph) shall be increased by an amount equal to 30
percent of the corporation's pro rata share (determined
under rules similar to the rules of section 951(a)(2))
of qualified production activity expenditures of such
controlled foreign corporation for the taxable year of
the qualified controlled foreign corporation ending
with or within the taxable year of the domestic
corporation.
``(B) Qualified corporation.--For purposes of
subparagraph (A), the term `qualified controlled
foreign corporation' means, for any taxable year, a
controlled foreign corporation which does not have
gross income that is effectively connected with the
conduct of a trade or business within the United States
for such taxable year.
``(2) Reduction in basis.--If a credit is determined under
this section with respect to any property by reason of any
qualified production activity expenditures described in
subsection (b)(1)(B), the basis of such property shall be
reduced by the amount of the credit so determined.
``(3) Coordination with other credits.--Any qualified
production activity expenditures taken into account in
determining the amount of the credit under subsection (a) shall
not be taken into account in determining a credit under any
other provision of this chapter.
``(f) Recapture.--
``(1) In general.--If, during any taxable year, property
taken into account under subsection (c)(1)(B) is disposed of,
or otherwise ceases to be used by the taxpayer in the active
trade or business of producing qualified pharmaceuticals in
commercial quantities, before the close of the recapture
period, then the tax under this chapter for such taxable year
shall be increased by the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior
taxable years which would have resulted solely from reducing to
zero any credit determined under this section with respect to
such property.
``(2) Recapture percentage.--For purposes of subparagraph
(A), the recapture percentage shall be determined in the same
manner as under section 50(a)(1)(B).
``(3) Application to united states shareholders.--In the
case of any taxpayer to whom a credit is allowed by reason of
subsection (e)(1), paragraph (1) shall be applied by
substituting `the controlled foreign corporation with respect
to which the taxpayer is a United States shareholder' for `the
taxpayer'.
``(4) Application of other rules.--For purposes of this
paragraph, rules similar to the rules of paragraphs (3), (4),
and (5) (other than subparagraph (A) thereof) of section
50(a)(1) shall apply.''.
(b) Credit Allowed Against Alternative Minimum Tax.--Section
38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi),
and (xii) as clauses (xi), (xii), and (xiii), respectively, and by
inserting after clause (ix) the following new clause:
``(x) the credit determined under section
45BB,''.
(c) Credit Allowed Against Base Erosion Anti-Abuse Tax.--Section
59A(b)(1)(B)(ii) of such Code is amended by striking ``plus'' at the
end of subclause (I), by redesignating subclause (II) as subclause
(III), and by inserting after subclause (I) (as so amended) the
following new subclause:
``(II) the credit allowed under
section 38 for the taxable year which
is properly allocable to the distressed
zone pharmaceutical and medical device
production credit determined under
section 45BB(a), plus''.
(d) Denial of Deduction.--Section 280C of such Code is amended by
adding at the end the following new subsection:
``(i) Distressed Zone Pharmaceutical and Medical Device Production
Credit.--No deduction shall be allowed for that portion of the
qualified production activity expenditures (as defined in section
45BB(b)) otherwise allowable as a deduction for the taxable year which
is equal to the amount of the distressed zone pharmaceutical and
medical device production credit determined for such taxable year under
section 45BB(a).''.
(e) Part of General Business Credit.--Section 38(b) of such Code is
amended by striking ``plus'' at the end of paragraph (40), by striking
the period at the end of paragraph (41) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(42) the distressed zone pharmaceutical and medical
device production credit determined under section 45BB(a).''.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45BB. Distressed zone pharmaceutical and medical device
production credit.''.
(g) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 65 (Wednesday, April 19, 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. CARTER of Georgia:\nH.R. 2707.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle 1, Section 8 of the Constitution\nThe single subject of this legislation is:\nTo mitigate drug shortages and provide incentives for\nmaintaining, expanding, and relocating the manufacturing of\nactive pharmaceutical ingredients, excipients, medical\ndiagnostic devices, pharmaceuticals, and personal protective\nequipment in the United States, and for other purposes.\n[Page H1887]\n</pre>",
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118HR2708 | Latonya Reeves Freedom Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2708 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2708
To prohibit discrimination against individuals with disabilities who
need long-term services and supports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Cohen (for himself, Mr. Auchincloss, Mrs. Beatty, Mr. Bera, Mr.
Bishop of Georgia, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr.
Boyle of Pennsylvania, Mr. Buck, Mr. Carbajal, Ms. Chu, Ms. Clarke of
New York, Mr. Connolly, Ms. Craig, Mr. Doggett, Mr. Evans, Mr. Gomez,
Mr. Green of Texas, Mr. Grijalva, Mr. Huffman, Ms. Jacobs, Mr. Keating,
Mr. Kildee, Mr. Kilmer, Ms. Kuster, Mr. Lieu, Mr. Lynch, Mrs. McBath,
Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Moulton, Mr. Neguse,
Mr. Pascrell, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Porter, Mr.
Quigley, Mr. Ruppersberger, Mr. Ryan, Ms. Scanlon, Ms. Schakowsky, Mr.
Schiff, Mr. Smith of Washington, Ms. Stevens, Ms. Strickland, Mr.
Thompson of Mississippi, Ms. Tlaib, Ms. Underwood, Ms. Velazquez, Ms.
Wasserman Schultz, Mrs. Watson Coleman, Ms. Wild, Ms. Williams of
Georgia, Mr. Panetta, Ms. Matsui, and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, 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 prohibit discrimination against individuals with disabilities who
need long-term services and supports, 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 ``Latonya Reeves Freedom Act of
2023''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to clarify and strengthen the integration mandate of
the Americans with Disabilities Act of 1990, held by the
Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) in a
manner that accelerates and improves State compliance;
(2) to affirm that every individual who is eligible for
long-term services and supports has a federally protected right
to be meaningfully integrated into that individual's community
and receive community-based long-term services and supports;
(3) to ensure that States provide long-term services and
supports to individuals with disabilities in a manner that
allows individuals with disabilities to live in the most
integrated setting, including the individual's own home, have
maximum control over their services and supports, and ensure
that long-term services and supports are provided in a manner
that allows individuals with disabilities to lead an
independent life;
(4) to establish a comprehensive State planning requirement
that includes enforceable, measurable objectives that are
designed to transition individuals with all types of
disabilities at all ages out of institutions and into the most
integrated setting, if they choose that transition; and
(5) to identify and address disparities in the provision of
community-based long-term services and supports.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--In this Act:
(1) Activities of daily living.--The term ``activities of
daily living'' has the meaning given the term in section
441.505 of title 42, Code of Federal Regulations (or a
successor regulation).
(2) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Administration for
Community Living; or
(B) another designee of the Secretary of Health and
Human Services.
(3) Community-based; services or supports.--The term
``community-based'', when used in reference to services or
supports, means services or supports that are provided to an
individual with an LTSS disability to enable that individual to
live in the community and lead an independent life, and that
are delivered in whichever setting the individual with an LTSS
disability has chosen out of the following settings with the
following qualities:
(A) In the case of a dwelling or a nonresidential
setting (such as a setting in which an individual with
an LTSS disability receives day services and supported
employment), a dwelling or setting--
(i) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, is integrated into the greater
community and supports, for each individual
with an LTSS disability who receives services
or supports at the setting--
(I) full access to the greater
community (including access to
opportunities to seek employment and
work in competitive integrated
settings, engage in community life,
control personal resources, and receive
services in the community); and
(II) access to the greater
community to the same extent as access
to the community is enjoyed by an
individual who is not receiving long-
term services or supports;
(ii) that the individual has selected as a
meaningful choice from among nonresidential
setting options, including nondisability-
specific settings;
(iii) in which an individual has rights to
privacy, dignity, and respect, and freedom from
coercion and restraint;
(iv) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, optimizes, but does not regiment,
individual initiative, autonomy, and
independence in making life choices, including
choices about daily activities, physical
environment, and persons with whom the
individual interacts; and
(v) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, facilitates individual choice
regarding the provision of services and
supports, and who provides those services and
supports.
(B) In the case of a dwelling, a dwelling--
(i) that is owned by an individual with an
LTSS disability or the individual's family
member;
(ii) that is leased to the individual with
an LTSS disability under an individual lease,
that has lockable access and egress, and that
includes living, sleeping, bathing, and cooking
areas over which an individual with an LTSS
disability or the individual's family member
has domain and control; or
(iii) that is a group or shared residence--
(I) in which no more than 4
unrelated individuals with an LTSS
disability reside;
(II) for which each individual with
an LTSS disability living at the
residence owns, rents, or occupies the
residence under a legally enforceable
agreement under which the individual
has, at a minimum, the same
responsibilities and protections as
tenants have under applicable landlord-
tenant law;
(III) in which each individual with
an LTSS disability living at the
residence--
(aa) has privacy in the
individual's sleeping unit,
including a lockable entrance
door controlled by the
individual;
(bb) shares a sleeping unit
only if such individual and the
individual sharing the unit
choose to do so, and if
individuals in the residence so
choose, they also have a choice
of roommates within the
residence;
(cc) has the freedom to
furnish and decorate the
individual's sleeping or living
unit as permitted under the
lease or other agreement;
(dd) has the freedom and
support to control the
individual's own schedules and
activities; and
(ee) is able to have
visitors of the individual's
choosing at any time; and
(IV) that is physically accessible
to the individual with an LTSS
disability living at the residence.
(4) Community-based; setting.--The term ``community-
based'', when used in reference to a setting, means a setting
described in subparagraph (A) or (B) of paragraph (3).
(5) Dwelling.--The term ``dwelling'' has the meaning given
the term in section 802 of the Fair Housing Act (42 U.S.C.
3602).
(6) Health-related tasks.--The term ``health-related
tasks'' means specific nonacute tasks, typically regulated by
States as medical or nursing tasks that an individual with a
disability may require to live in the community, including--
(A) administration of medication;
(B) assistance with use, operation, and maintenance
of a ventilator; and
(C) maintenance and use of a gastrostomy tube, a
catheter, or a stable ostomy.
(7) Individual with a disability.--The term ``individual
with a disability'' means an individual who is a person with a
disability, as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(8) Individual with an ltss disability.--The term
``individual with an LTSS disability'' means an individual with
a disability who--
(A) in order to live in the community and lead an
independent life requires assistance in accomplishing--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii); and
(B)(i) is currently in an institutional placement;
or
(ii) is at risk of institutionalization if the
individual does not receive community-based long-term
services and supports.
(9) Institution; institutionalization.--
(A) Institution.--The term ``institution'' means--
(i) a skilled nursing facility (as defined
in section 1819(a) of the Social Security Act
(42 U.S.C. 1395i-3(a)));
(ii) a nursing facility (as defined in
section 1919(a) of such Act (42 U.S.C.
1396r(a)));
(iii) a long-term care hospital (as
described in section 1886(d)(1)(B)(iv) of such
Act (42 U.S.C. 1395ww(d)(1)(B)(iv)));
(iv) a facility described in section
1905(d) of such Act (42 U.S.C. 1396d(d));
(v) an institution which is a psychiatric
hospital (as defined in section 1861(f) of such
Act (42 U.S.C. 1395x(f))) or that provides in-
patient psychiatric services in a residential
setting specified by the Secretary;
(vi) an institution described in section
1905(i) of such Act (42 U.S.C. 1396d(i)); and
(vii) any congregate setting that is not
community-based or that has the effect of
isolating individuals with disabilities from
the community.
(B) Institutionalization.--The term
``institutionalization'', used with respect to an
individual with an LTSS disability, refers to the
individual living or receiving services or supports in
a setting that is not community-based.
(10) Instrumental activities of daily living.--The term
``instrumental activities of daily living'' means one or more
activities related to living independently in the community,
including activities related to--
(A) nutrition, such as preparing meals or special
diets, monitoring to prevent choking or aspiration, or
assisting with special utensils;
(B) household chores and environmental maintenance
tasks;
(C) communication and interpersonal skills, such
as--
(i) using the telephone or other
communications devices;
(ii) forming and maintaining interpersonal
relationships; or
(iii) securing opportunities to participate
in group support or peer-to-peer support
arrangements;
(D) travel and community participation, such as
shopping, arranging appointments, or moving around the
community;
(E) care of others, such as raising children,
taking care of pets, or selecting caregivers; or
(F) management of personal property and personal
safety, such as--
(i) taking medication;
(ii) handling or managing money; or
(iii) responding to emergent situations or
unscheduled needs requiring an immediate
response.
(11) Long-term service or support.--
(A) In general.--The terms ``long-term service or
support'' and ``LTSS'' mean the assistance provided to
an individual with a disability in accomplishing,
acquiring the means or ability to accomplish,
maintaining, or enhancing--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii).
(B) Assistance.--In subparagraph (A), the term
``assistance'' includes support provided to an
individual by another person due to confusion,
dementia, behavioral symptoms, or cognitive,
intellectual, mental, or emotional disabilities,
including support to--
(i) help the individual identify and set
goals, communicate needs, overcome fears, and
manage transitions;
(ii) help the individual with executive
functioning, decision making, self-expression,
and problemsolving;
(iii) provide reassurance to the
individual; and
(iv) help the individual with orientation,
memory, and other activities related to
independent living.
(12) LTSS insurance provider.--The term ``LTSS insurance
provider'' means a public or private entity that--
(A) provides funds for long-term services and
supports; and
(B) is engaged in commerce or in an industry or
activity affecting commerce.
(13) Public entity.--
(A) In general.--The term ``public entity'' means
an entity that--
(i) provides or funds institutional
placements for individuals with LTSS
disabilities; and
(ii) is--
(I) a State or local government; or
(II) any department, agency, entity
administering a special purpose
district, or other instrumentality, of
a State or local government.
(B) Interstate commerce.--For purposes of
subparagraph (A), a public entity shall be considered
to be a person engaged in commerce or in an industry or
activity affecting commerce.
(b) Rule of Construction.--Nothing in subsection (a) or any other
provision of this section shall be construed to preclude an individual
with a disability from receiving community-based services and supports
in an integrated community setting such as a grocery store, retail
establishment, restaurant, bank, park, concert venue, theater, or
workplace.
SEC. 4. DISCRIMINATION.
(a) In General.--No public entity or LTSS insurance provider shall
deny an individual with an LTSS disability who is eligible for
institutional placement, or otherwise discriminate against that
individual in the provision of, community-based long-term services and
supports that enable the individual to live in the community and lead
an independent life.
(b) Specific Prohibitions.--For purposes of this Act,
discrimination by a public entity or LTSS insurance provider includes--
(1) the imposition or application of eligibility criteria
or another policy that prevents or tends to prevent an
individual with an LTSS disability, or any class of individuals
with LTSS disabilities, from receiving a community-based long-
term service or support;
(2) the imposition or application of a policy or other
mechanism, such as a service or cost cap, that prevent or tends
to prevent an individual with an LTSS disability, or any class
of individuals with LTSS disabilities, from receiving a
community-based long-term service or support;
(3) a failure to provide a specific community-based long-
term service or support or a type of community-based long-term
service or support needed for an individual with an LTSS
disability, or any class of individuals with LTSS disabilities;
(4) the imposition or application of a policy, rule,
regulation, or restriction that interferes with the opportunity
for an individual with an LTSS disability, or any class of
individuals with LTSS disabilities, to live in the community
and lead an independent life, which may include a requirement
that an individual with an LTSS disability receive a service or
support (such as day services or employment services) in a
congregate or disability-specific setting;
(5) the imposition or application of a waiting list or
other mechanism that delays or restricts access of an
individual with an LTSS disability to a community-based long-
term service or support;
(6) a failure to establish an adequate rate or other
payment structure that is necessary to ensure the availability
of a workforce sufficient to support an individual with an LTSS
disability in living in the community and leading an
independent life;
(7) a failure to provide community-based services and
supports, on an intermittent, short-term, or emergent basis,
that assist an individual with an LTSS disability to live in
the community and lead an independent life;
(8) the imposition or application of a policy, such as a
requirement that an individual utilize informal support, that
restricts, limits, or delays the ability of an individual with
an LTSS disability to secure a community-based long-term
service or support to live in the community or lead an
independent life;
(9) a failure to implement a formal procedure and a
mechanism to ensure that--
(A) individuals with LTSS disabilities are offered
the alternative of community-based long-term services
and supports prior to institutionalization; and
(B) if selected by an individual with an LTSS
disability, the community-based long-term services and
supports described in subparagraph (A) are provided;
(10) a failure to ensure that each institutionalized
individual with an LTSS disability is regularly notified of the
alternative of community-based long-term services and supports
and that those community-based long-term services and supports
are provided if the individual with an LTSS disability selects
such services and supports; and
(11) a failure to make a reasonable modification in a
policy, practice, or procedure, when such modification is
necessary to allow an individual with an LTSS disability to
receive a community-based long-term service or support.
(c) Additional Prohibition.--For purposes of this Act,
discrimination by a public entity also includes a failure to ensure
that there is sufficient availability of affordable, accessible, and
integrated housing to allow an individual with an LTSS disability to
choose to live in the community and lead an independent life, including
the availability of an option to live in housing where the receipt of
LTSS is not tied to tenancy.
(d) Construction.--Nothing in this section--
(1) shall be construed--
(A) to prevent a public entity or LTSS insurance
provider from providing community-based long-term
services and supports at a level that is greater than
the level that is required by this section;
(B) to limit the rights of an individual with a
disability under any provision of law other than this
section; or
(C) to require that an individual with an LTSS
disability live or receive services or supports in a
more integrated setting if the individual chooses a
less integrated setting;
(2) shall be construed to affect the scope of obligations
imposed by any other provision of law; or
(3) shall be construed to prohibit a public entity or LTSS
insurance provider from using managed care techniques, as long
as the use of such techniques does not have the effect of
discriminating against an individual in the provision of
community-based long-term services and supports, as prohibited
by this Act.
SEC. 5. ADMINISTRATION.
(a) Authority and Responsibility.--
(1) Department of justice.--The Attorney General shall
investigate and take enforcement action for violations of this
Act.
(2) Department of health and human services.--The Secretary
of Health and Human Services, through the Administrator,
shall--
(A) review, and approve or disapprove, transition
plans submitted by public entities, under section
6(b)(10);
(B) establish a task force to identify socio-
demographic, geographic, and other factors that are
barriers that prevent individuals with LTSS
disabilities from receiving community-based long-term
services and supports or from being able to choose
alternatives in the community to institutionalization
and identify other disparities in the availability and
provision of community-based long-term services and
supports, which task force shall be responsible for--
(i) overseeing studies regarding the nature
and extent of those barriers and disparities
and the impact that those barriers and
disparities have on the institutionalization of
individuals with LTSS disabilities; and
(ii) submitting to Congress not later than
2 years after the date of enactment of this Act
a report on the nature and extent of those
barriers and disparities, including a
description of legislative or executive action
to address the barriers and disparities; and
(C) refer information on violations of this Act to
the Attorney General for investigation and enforcement
action under this Act.
(b) Cooperation of Executive Departments and Agencies.--Each
Federal agency and, in particular, each Federal agency covered by
Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based
alternatives for individuals with disabilities), shall carry out
programs and activities relating to the institutionalization of
individuals with LTSS disabilities and the provision of community-based
long-term services and supports for individuals with LTSS disabilities
in accordance with this Act and shall cooperate with the Attorney
General and the Administrator to further the purposes of this Act.
SEC. 6. REGULATIONS.
(a) Issuance of Regulations.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall issue, in
accordance with section 553 of title 5, United States Code, final
regulations to carry out this Act, which shall include the regulations
described in subsection (b).
(b) Required Contents of Regulations.--
(1) Protected individuals.--The regulations shall require
each public entity and LTSS insurance provider to offer, and,
if accepted, provide community-based long-term services and
supports as required under this Act to any individual with an
LTSS disability who would otherwise qualify for institutional
placement provided or funded by the public entity or LTSS
insurance provider.
(2) Services to be provided.--The regulations issued under
this section shall require each public entity and LTSS
insurance provider to provide the Attorney General and the
Administrator (for purposes of enabling the Attorney General to
consult with the Administrator) with an assurance that the
public entity or LTSS insurance provider--
(A) ensures that individuals with LTSS disabilities
receive assistance through hands-on assistance,
training, cueing, and safety monitoring, including
access to backup systems, with--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii);
(B) coordinates, conducts, performs, provides, or
funds discharge planning from acute and rehabilitation
facilities, and other institutions, to promote
individuals with LTSS disabilities living in the most
integrated setting chosen by the individuals;
(C) issues, conducts, performs, provides, or funds
policies and programs to promote self-direction and the
provision of consumer-directed services and supports
for all populations of individuals with LTSS
disabilities served;
(D) issues, conducts, performs, provides, or funds
policies and programs to support informal caregivers
who provide services for individuals with LTSS
disabilities; and
(E) ensures that individuals with all types of LTSS
disabilities are able to live in the community and lead
an independent life, including ensuring that the
individuals have maximum control over the services and
supports that the individuals receive, choose the
setting in which the individuals receive those services
and supports, and exercise control and direction over
their own lives.
(3) Public participation.--
(A) Public entity.--The regulations issued under
this section shall require each public entity to carry
out a public participation process in preparing the
public entity's self-evaluation under paragraph (5) and
transition plan under paragraph (10).
(B) LTSS insurance provider.--The regulations
issued under this section shall require each LTSS
insurance provider to carry out a public participation
process that involves holding a public hearing,
providing an opportunity for public comment, and
consulting with individuals with LTSS disabilities, in
preparing the LTSS insurance provider's self-evaluation
under paragraph (5).
(C) Process.--In carrying out a public
participation process under subparagraph (A) or (B), a
public entity or LTSS insurance provider shall ensure
that the process meets the requirements of
subparagraphs (A) and (C) of section 1115(d)(2) of the
Social Security Act (42 U.S.C. 1315(d)(2)), except
that--
(i) the reference to ``at the State level''
shall be disregarded; and
(ii) the reference to an application shall
be considered to be a reference to the self-
evaluation or plan involved.
(4) Additional services and supports.--The regulations
issued under this section shall establish circumstances under
which a public entity shall provide community-based long-term
services and supports under this section beyond the level of
community-based long-term services and supports which would
otherwise be required under this subsection.
(5) Self-evaluation.--
(A) In general.--The regulations issued under this
section shall require each public entity and each LTSS
insurance provider, not later than 30 months after the
date of enactment of this Act, to evaluate current
services, policies, and practices, and the effects
thereof, that do not or may not meet the requirements
of this Act and, to the extent modification of any such
services, policies, and practices is required to meet
the requirements of this Act, make the necessary
modifications. The self-evaluation shall include--
(i) collection of baseline information,
including the numbers of individuals with LTSS
disabilities in various institutional and
community-based settings served by the public
entity or LTSS insurance provider, including
demographic data that--
(I) specifies whether the
individuals are women, veterans, or
members of a racial and ethnic minority
group, as defined in section 1707 of
the Public Health Service Act (42
U.S.C. 300u-6); and
(II) is disaggregated by race in a
manner that captures all the racial
groups specified in the American
Community Survey conducted by the
Bureau of the Census;
(ii) a review of community capacity, in
communities served by the entity or provider,
in providing community-based long-term services
and supports;
(iii) identification of improvements needed
to ensure that all community-based long-term
services and supports provided by the public
entity or LTSS insurance provider to
individuals with LTSS disabilities are
comprehensive, are accessible, are not
duplicative of existing (as of the date of the
identification) services and supports, meet the
needs of persons who are likely to require
assistance in order to live, or lead a life, as
described in section 4(a), and are culturally
competent, high-quality services and supports,
which may include identifying system
improvements that create an option to self-
direct receipt of such services and supports
for all populations of such individuals served;
and
(iv) a review of funding sources for
community-based long-term services and supports
and an analysis of how those funding sources
could be organized into a fair, coherent system
that affords individuals reasonable and timely
access to culturally competent, community-based
long-term services and supports.
(B) Public entity.--A public entity, including an
LTSS insurance provider that is a public entity,
shall--
(i) include in the self-evaluation
described in subparagraph (A)--
(I) an assessment of the
availability of accessible, affordable
transportation across the State
involved and whether transportation
barriers prevent individuals from
receiving long-term services and
supports in the most integrated
setting; and
(II) an assessment of the
availability of integrated employment
opportunities in the jurisdiction
served by the public entity for
individuals with LTSS disabilities;
(ii) provide the self-evaluation described
in subparagraph (A) to the Attorney General;
and
(iii) make the self-evaluation described in
subparagraph (A) available on the public
internet website of the public entity.
(C) LTSS insurance provider.--An LTSS insurance
provider shall keep the self-evaluation described in
subparagraph (A) on file, and may be required to
produce such self-evaluation in the event of a review,
investigation, or action described in section 8.
(6) Additional requirement for public entities.--The
regulations issued under this section shall require a public
entity, in conjunction with the housing agencies serving the
jurisdiction served by the public entity, to review and improve
community capacity, in all communities throughout the entirety
of that jurisdiction, in providing affordable, accessible, and
integrated housing, including an evaluation of available units,
unmet need, and other identifiable barriers to the provision of
that housing. In carrying out that improvement, the public
entity, in conjunction with such housing agencies, shall--
(A) ensure, and assure the Attorney General and the
Administrator that there is, sufficient availability of
affordable, accessible, and integrated housing in a
setting that is not a disability-specific residential
setting or a setting where services are tied to
tenancy, in order to provide individuals with LTSS
disabilities a meaningful choice in their housing;
(B) in order to address the need for affordable,
accessible, and integrated housing--
(i) in the case of such a housing agency,
establish relationships with State and local
housing authorities; and
(ii) in the case of the public entity,
establish relationships with State and local
housing agencies, including housing
authorities;
(C) establish, where needed, necessary preferences
and set-asides in housing programs for individuals with
LTSS disabilities who are transitioning from or
avoiding institutional placement;
(D) establish a process to fund necessary home
modifications so that individuals with LTSS
disabilities can live independently; and
(E) ensure, and assure the Attorney General and the
Administrator, that funds and programs implemented or
overseen by the public entity or in the public entity's
jurisdiction are targeted toward affordable,
accessible, integrated housing for individuals with an
LTSS disability who have the lowest income levels in
the jurisdiction as a priority over any other
development until capacity barriers for such housing
are removed or unmet needs for such housing have been
met.
(7) Designation of responsible employee.--The regulations
issued under this section shall require each public entity and
LTSS insurance provider to designate at least one employee to
coordinate the entity's or provider's efforts to comply with
and carry out the entity or provider's responsibilities under
this Act, including the investigation of any complaint
communicated to the entity or provider that alleges a violation
of this Act. Each public entity and LTSS insurance provider
shall make available to all interested individuals the name,
office address, and telephone number of the employee designated
pursuant to this paragraph.
(8) Grievance procedures.--The regulations issued under
this section shall require public entities and LTSS insurance
providers to adopt and publish grievance procedures providing
for prompt and equitable resolution of complaints alleging a
violation of this Act.
(9) Provision of service by others.--The regulations issued
under this section shall require each public entity submitting
a self-evaluation under paragraph (5) to identify, as part of
the transition plan described in paragraph (10), any other
entity that is, or acts as, an agent, subcontractor, or other
instrumentality of the public entity with regards to a service,
support, policy, or practice described in such plan or self-
evaluation.
(10) Transition plans.--The regulations issued under this
section shall require each public entity, not later than 42
months after the date of enactment of this Act, to submit to
the Administrator and, on approval by the Administrator, begin
implementing a transition plan for carrying out this Act that
establishes the achievement of the requirements of this Act, as
soon as practicable, but in no event later than 12 years after
the date of enactment of this Act. The transition plan shall--
(A) establish measurable objectives to address the
barriers to community living identified in the self-
evaluation under paragraph (5);
(B) establish specific annual targets for the
transition of individuals with LTSS disabilities, and
shifts in funding, from institutional settings to
integrated community-based services and supports, and
related programs;
(C) describe specific efforts to support
individuals with LTSS disabilities to avoid unwanted
institutionalization through the provision of LTSS;
(D) describe the manner in which the public entity
has obtained or plans to obtain necessary funding and
resources needed for implementation of the plan
(regardless of whether the entity began carrying out
the objectives of this Act prior to the date of
enactment of this Act); and
(E) describe the steps taken to ensure that the
transition plan addresses the needs of individuals from
all socio-demographic and geographic backgrounds.
(11) Annual reporting.--
(A) In general.--The regulations issued under this
section shall establish annual reporting requirements
for each public entity covered by this section.
(B) Progress on objectives, targets, and efforts.--
The regulations issued under this section shall require
each public entity that has submitted a transition
plan, to make publicly available on the entity's
website an annual report on the progress the public
entity has made during the previous year in meeting the
measurable objectives, specific annual targets, and
specific efforts described in paragraph (10).
(c) Review of Transition Plans.--
(1) General rule.--The Administrator shall review a
transition plan submitted in accordance with subsection
(b)(10), not later than 90 days after receiving the plan, for
the purpose of determining whether such plan meets the
requirements of this Act, including the regulations issued
under this section.
(2) Disapproval.--If the Administrator determines that a
transition plan reviewed under this subsection fails to meet
the requirements of this Act, the Administrator shall
disapprove the transition plan and notify the public entity
that submitted the transition plan of, and the reasons for,
such disapproval.
(3) Modification of disapproved plan.--Not later than 90
days after the date of disapproval of a transition plan under
this subsection, the public entity that submitted the
transition plan shall modify the transition plan to meet the
requirements of this section and shall submit the modified plan
to the Administrator. Not later than 90 days after receiving
the modified plan, the Administrator shall review the plan and,
on approval by the Administrator, the public entity shall begin
implementing the plan.
(d) Rule of Construction.--Nothing in subsection (b)(10) or (c) or
any other provision of this Act shall be construed to limit the rights,
protections, or requirements of any other Federal law, relating to
integration of individuals with disabilities into the community and
enabling those individuals to live in the most integrated setting.
SEC. 7. EXEMPTIONS FOR RELIGIOUS ORGANIZATIONS.
This Act shall not prohibit a religious organization, association,
or society from giving preference in providing community-based long-
term services and supports to individuals of a particular religion
connected with the beliefs of such organization, association, or
society.
SEC. 8. ENFORCEMENT.
(a) Civil Action.--
(1) In general.--A civil action for preventive relief,
including an application for a permanent or temporary
injunction, restraining order, or other order, may be
instituted by an individual described in paragraph (2) in an
appropriate Federal district court.
(2) Aggrieved individual.--
(A) In general.--The remedies and procedures set
forth in this section are the remedies and procedures
this Act provides to any individual who is being
subjected to a violation of this Act, or who has
reasonable grounds for believing that such individual
is about to be subjected to such a violation.
(B) Standing.--An individual with a disability
shall have standing to institute a civil action under
this subsection if the individual makes a prima facie
showing that the individual--
(i) is an individual with an LTSS
disability; and
(ii) is being subjected to, or about to be
subjected to, such a violation (including a
violation of section 4(b)(11)).
(3) Appointment of attorney; no fees, costs, or security.--
Upon application by the complainant described in paragraph (2)
and in such circumstances as the court may determine to be
just, the court may appoint an attorney for the complainant and
may authorize the commencement of such civil action without the
payment of fees, costs, or security.
(4) Futile gesture not required.--Nothing in this section
shall require an individual with an LTSS disability to engage
in a futile gesture if such person has actual notice that a
public entity or LTSS insurance provider does not intend to
comply with the provisions of this Act.
(b) Damages and Injunctive Relief.--If the court finds that a
violation of this Act has occurred or is about to occur, the court may
award to the complainant--
(1) actual and punitive damages;
(2) immediate injunctive relief to prevent
institutionalization;
(3) as the court determines to be appropriate, any
permanent or temporary injunction (including an order to
immediately provide or maintain community-based long-term
services or supports for an individual to prevent
institutionalization or further institutionalization),
temporary restraining order, or other order (including an order
enjoining the defendant from engaging in a practice that
violates this Act or ordering such affirmative action as may be
appropriate); and
(4) in an appropriate case, injunctive relief to require
the modification of a policy, practice, or procedure, or the
provision of an alternative method of providing LTSS, to the
extent required by this Act.
(c) Attorney's Fees; Liability of United States for Costs.--In any
action commenced pursuant to this Act, the court, in its discretion,
may allow the party bringing a claim or counterclaim under this Act,
other than the United States, a reasonable attorney's fee as part of
the costs, and the United States shall be liable for costs to the same
extent as a private person.
(d) Enforcement by Attorney General.--
(1) Denial of rights.--
(A) Duty to investigate.--The Attorney General
shall investigate alleged violations of this Act, and
shall undertake periodic reviews of the compliance of
public entities and LTSS insurance providers under this
Act.
(B) Potential violation.--The Attorney General may
commence a civil action in any appropriate Federal
district court if the Attorney General has reasonable
cause to believe that--
(i) any public entity or LTSS insurance
provider, including a group of public entities
or LTSS insurance providers, is engaged in a
pattern or practice of violations of this Act;
or
(ii) any individual, including a group, has
been subjected to a violation of this Act and
the violation raises an issue of general public
importance.
(2) Authority of court.--In a civil action under paragraph
(1)(B), the court--
(A) may grant any equitable relief that such court
considers to be appropriate, including, to the extent
required by this Act--
(i) granting temporary, preliminary, or
permanent relief; and
(ii) requiring the modification of a
policy, practice, or procedure, or the
provision of an alternative method of providing
LTSS;
(B) may award such other relief as the court
considers to be appropriate, including damages to
individuals described in subsection (a)(2), when
requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a
civil penalty against the public entity or LTSS
insurance provider in an amount--
(i) not exceeding $100,000 for a first
violation; and
(ii) not exceeding $200,000 for any
subsequent violation.
(3) Single violation.--For purposes of paragraph (2)(C), in
determining whether a first or subsequent violation has
occurred, a determination in a single action, by judgment or
settlement, that the public entity or LTSS insurance provider
has engaged in more than one violation of this Act shall be
counted as a single violation.
SEC. 9. CONSTRUCTION.
For purposes of construing this Act--
(1) section 4(b)(11) shall be construed in a manner that
takes into account its similarities with section
302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12182(b)(2)(A)(ii));
(2) the first sentence of section 6(b)(5)(A) shall be
construed in a manner that takes into account its similarities
with section 35.105(a) of title 28, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act);
(3) section 7 shall be construed in a manner that takes
into account its similarities with section 807(a) of the Civil
Rights Act of 1968 (42 U.S.C. 3607(a));
(4) section 8(a)(2) shall be construed in a manner that
takes into account its similarities with section 308(a)(1) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(a)(1)); and
(5) section 8(d)(1)(B) shall be construed in a manner that
takes into account its similarities with section 308(b)(1)(B)
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(b)(1)(B)).
<all>
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118HR2709 | BBB Act | [
[
"D000032",
"Rep. Donalds, Byron [R-FL-19]",
"sponsor"
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"Rep. Harshbarger, Diana [R-TN-1]",
"cosponsor"
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[
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"cosponsor"
]... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2709 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2709
To direct the Comptroller General of the United States to deliver a
report on the economic effects of the withdrawal of the United States
Armed Forces from Afghanistan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Donalds (for himself, Mrs. Harshbarger, Mr. Nehls, Mr. Crawford,
Mr. Fry, Mr. Gosar, Mrs. Boebert, and Mrs. Luna) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on 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 direct the Comptroller General of the United States to deliver a
report on the economic effects of the withdrawal of the United States
Armed Forces from Afghanistan, 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 ``Big Biden Blunder Act'' or the ``BBB
Act''.
SEC. 2. INQUIRY INTO THE EFFECTS OF THE WITHDRAWAL OF THE UNITED STATES
ARMED FORCES FROM AFGHANISTAN ON INFLATION.
(a) Report on the Relationship Between Equipment Abandoned in
Afghanistan and Inflation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the economic effects of the withdrawal
of the United States Armed Forces from Afghanistan. Such study
shall include a determination of whether destroying,
surrendering, or abandoning equipment and property of the
United States in Afghanistan during such withdrawal had any
inflationary effects in the United States.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that includes the
findings of the study conducted under paragraph (1).
(b) Request for President To Transmit a Statement About the
Relationship Between Equipment Abandoned in Afghanistan and
Inflation.--Not later than 90 days after the date of the enactment of
this Act, the President is requested to transmit to Congress a written
statement containing the opinion of the President regard the extent to
which destroying, surrendering, or abandoning equipment and property of
United States in Afghanistan during the withdrawal of the United States
Armed Forces from Afghanistan had any inflationary effects in the
United States.
<all>
</pre></body></html>
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118HR271 | Restoring Normalcy in America Act | [
[
"E000298",
"Rep. Estes, Ron [R-KS-4]",
"sponsor"
]
] | <p><b>Restoring Normalcy in America Act</b></p> <p>This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic.</p> <p>Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities.</p> <p>Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge.</p> <p>In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file.</p> <p>Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters.</p> <p>The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 271 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 271
To provide for greater accountability with respect to Federal
activities and expenditures relating to COVID-19, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Estes 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, the Judiciary, Armed Services, and
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 for greater accountability with respect to Federal
activities and expenditures relating to COVID-19, 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 Normalcy in America Act''.
SEC. 2. HHS COVID-19 STUDY.
(a) In General.--The Secretary of Health and Human Services shall
conduct a study on--
(1) the effectiveness of vaccines licensed under section
351 of the Public Health Service Act (42 U.S.C. 262) or
authorized for emergency use under section 564 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) in providing
immunization against COVID-19 (including any additional doses
of such a vaccine to be administered after the primary series
of doses);
(2) the effectiveness of treatments approved under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355), licensed under section 351 of the Public Health Service
Act (42 U.S.C. 262), or authorized for emergency use under
section 564 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-3) to treat COVID-19;
(3) the rate of transmission of SARS-CoV-2 throughout the
United States, beginning on the first day of the emergency
period (as defined in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)));
(4) the level of preparedness of the United States for
future pandemics; and
(5) the cause and origins of the COVID-19 pandemic.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report on the findings of the study conducted under subsection (a).
(c) Funding.--Of the amounts made available to the Secretary of
Health and Human Services in appropriations Acts that remain
unobligated as of the date of the enactment of this Act, the Secretary
may use not more than 3 percent of such funds to carry out this
section.
SEC. 3. TERMINATION OF EMERGENCY USE AUTHORITY FOR COVID-19 PREVENTION
AND TREATMENT.
Effective on the date of the enactment of this Act, the Secretary
of Health and Human Services, acting through the Commissioner of Food
and Drugs, may not authorize under section 564 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-3) for emergency use any drug,
biological product, or device for use in the prevention or treatment of
COVID-19.
SEC. 4. COVID-19 FUNDING AUDIT.
(a) In General.--The Comptroller General of the United States shall
conduct an audit of all Federal funding made available to the Secretary
of Health and Human Services, the Commissioner of Food and Drugs, and
the Director of the Centers for Disease Control and Prevention for
programs and activities relating to COVID-19. Such audit shall
include--
(1) an accounting of the amount of such funds that have
been obligated or expended, disaggregated by agency and
activity; and
(2) an accounting of any such funds that remain unobligated
and available for rescission.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Congress a report on the findings of the audit
conducted under subsection (a).
SEC. 5. UNLAWFUL EMPLOYMENT PRACTICE UNDER TITLE VII OF THE CIVIL
RIGHTS ACT OF 1964 FOR FAILURE TO OFFER RE-EMPLOYMENT TO
EMPLOYEES DISCHARGED FOR FAILURE TO RECEIVE A VACCINATION
AGAINST COVID-19.
For purposes of section 703(a) of title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2003-2(a)), it shall be an unlawful employment
practice for an employer to fail to give on request full consideration
for, and to offer a position at the pay and level equal to the
applicable pre-discharge pay and level, of employment to an individual
previously discharged from employment by such employer based on such
individual's failure to receive a vaccination against COVID-19.
SEC. 6. COVID-19 VACCINATION STATUS AND PLACES OF PUBLIC ACCOMMODATION.
Title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.)
is amended as follows:
(1) In section 201, by inserting after ``on the ground of
race, color, religion,'' the following: ``failure to receive a
vaccination against COVID-19,''.
(2) In section 202, by inserting after ``on the ground of
race, color, religion,'' the following: ``failure to receive a
vaccination against COVID-19,''.
SEC. 7. COVID-19 VACCINATION STATUS AND FEDERALLY ASSISTED PROGRAMS.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended by inserting ``failure to receive a vaccination against COVID-
19,'' before ``race, color,''.
SEC. 8. COVID-19 VACCINATION STATUS AND EMPLOYMENT.
(a) Reinstatement of Members of the Armed Forces Involuntarily
Separated for Refusing To Receive a Vaccination Against COVID-19.--
(1) Reinstatement.--At the request of a covered individual,
the Secretary concerned shall--
(A) reinstate the covered individual as a member of
the Armed Force concerned, in the same rank and grade
the covered individual held at the time of separation
from the Armed Force concerned; and
(B) expunge from the military service record of the
covered individual any reference to adverse action
against the covered individual solely on the basis of
the refusal of the covered individual to receive a
vaccination against COVID-19.
(2) Definitions.--In this section:
(A) The term ``adverse action'' includes
involuntary separation, demotion, and discipline.
(B) The term ``covered individual'' means an
individual who was involuntarily separated from an
Armed Force solely on the basis of the refusal of such
individual to receive a vaccination against COVID-19.
(C) The term ``Secretary concerned'' has the
meaning given such term in section 101 of title 10,
United States Code.
(b) Reinstatement of Federal Employees Involuntarily Separated for
Refusing To Receive COVID-19 Vaccine.--
(1) In general.--Any individual removed from the civil
service (as that term is defined in section 2101 of title 5,
United States Code) solely on the basis of the refusal of the
individual to receive a vaccination against COVID-19 may, at
the discretion of the individual, be reinstated to a civil
service position at the same grade or level, and same rate of
pay, as the position from which the individual was so removed.
(2) Other matters.--Any notation of an adverse action with
respect to such removal in the personnel record file of such an
individual shall be removed.
(c) Unlawful Employment Practice Under Title VII of the Civil
Rights Act of 1964 for Failure To Receive a Vaccination Against COVID-
19.--For purposes of section 703 of title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2003-2), it shall be an unlawful employment practice
for an employer--
(1) to fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual
with respect to his compensation, terms, conditions, or
privileges of employment, based on such individual's failure to
receive a vaccination against COVID-19; or
(2) to limit, segregate, or classify his employees or
applicants for employment in any way which would deprive or
tend to deprive any individual of employment opportunities or
otherwise adversely affect his status as an employee, based on
such individual's failure to receive a vaccination against
COVID-19.
<all>
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118HR2710 | Ocean Shipping Competition Enforcement Act | [
[
"G000559",
"Rep. Garamendi, John [D-CA-8]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2710 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2710
To amend title 46, United States Code, to allow the Federal Maritime
Commission to provide injunctive relief without a court order, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, 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 46, United States Code, to allow the Federal Maritime
Commission to provide injunctive relief without a court order, 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 ``Ocean Shipping Competition
Enforcement Act''.
SEC. 2. INJUNCTIVE RELIEF BY THE COMMISSION.
(a) In General.--Section 41307 of title 46, United States Code, is
amended--
(1) in the heading by striking ``sought''; and
(2) in subsection (b)--
(A) in paragraph (1) by striking ``, may bring a
civil'' and all that follows through the period at the
end of the sentence and inserting ``and an opportunity
to be heard under expedited procedures established by
the Commission with due regard for confidential or
proprietary information, may enjoin the operation of
the agreement. An injunction under this paragraph shall
constitute a final order of the Commission.'';
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Third party intervention.--The Commission may allow a
third party to intervene in a proceeding before the Commission
under this subsection.''; and
(C) by redesignating paragraph (4) as paragraph
(3).
(b) Clerical Amendment.--The item relating to section 41307 in the
analysis for chapter 413 of title 46, United States Code, is amended by
striking ``sought''.
<all>
</pre></body></html>
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118HR2711 | SAYFE Act | [
[
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"Rep. Garcia, Sylvia R. [D-TX-29]",
"sponsor"
],
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"J000295",
"Rep. Joyce, David P. [R-OH-14]",
"cosponsor"
],
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"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"N000188",
"Rep. Norcross, Donald [D-NJ-1]",
"cosponsor"
],
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2711 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2711
To amend title 10, United States Code, to establish an annual training
for students in the Junior Reserve Officers' Training Corps regarding
the prevention of sexual abuse.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Garcia of Texas (for herself, Mr. Joyce of Ohio, Mr. Fitzpatrick,
Mr. Norcross, Mr. Moulton, Ms. Brown, Ms. Houlahan, Mrs. Kiggans of
Virginia, and Ms. Escobar) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to establish an annual training
for students in the Junior Reserve Officers' Training Corps regarding
the prevention of sexual abuse.
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 ``Shielding America's Youth From
Exploitation Act'' or the ``SAYFE Act''.
SEC. 2. ANNUAL TRAINING ON THE PREVENTION OF SEXUAL ABUSE FOR STUDENTS
IN THE JUNIOR RESERVE OFFICERS' TRAINING CORPS.
Chapter 102 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 2037. Training on prevention of sexual abuse
``(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, shall establish
training for students enrolled in the Junior Reserve Officers' Training
Corps regarding prevention of sexual abuse.
``(b) Elements.--The training established under this section
shall--
``(1) be age-appropriate;
``(2) be evidence-based in polyvictimization research;
``(3) be comprehensive, including elements regarding--
``(A) grooming;
``(B) bullying, including cyberbullying;
``(C) appropriate relationships and interactions
between such students and instructors;
``(D) signs of inappropriate behavior between
adults and adolescents; and
``(E) digital abuse; and
``(4) provide such students with the contact information of
local resources through which a student may report alleged
sexual abuse or receive treatment and support for such abuse.
``(c) Provision.--The Secretary shall ensure that each such student
receives training established under this section--
``(1) from an entity other than an administrator or
instructor of the Junior Reserve Officers' Training Corps; and
``(2) once each year.
``(d) Metrics.--The Secretary shall establish and maintain metrics
regarding the effectiveness of the training established under this
section.
``(e) Sexual Abuse Defined.--In this section, the term `sexual
abuse' means an offense covered by section 920, 920b, 920c, or 930 of
this title (article 120, 120b, 120c, or 130 of the Uniform Code of
Military Justice).''.
<all>
</pre></body></html>
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118HR2712 | Work Not Woke Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2712
To enact into law the requirements of the Executive order issued on
September 22, 2020, relating to Combating Race and Sex Stereotyping, to
prohibit the use of Federal funds to carry out Executive Orders 13985,
14035, and 14091, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Hern (for himself, Mr. Banks, Mr. Ellzey, Mr. Van Drew, Mr. Norman,
Mr. Babin, Mr. Duncan, Mrs. Harshbarger, Mr. Rosendale, Mr. Timmons,
Mr. Ogles, Mr. Grothman, Mr. Bishop of North Carolina, Mr. Gosar, Mr.
Good of Virginia, Mrs. Miller of Illinois, Mr. Nehls, Ms. Greene of
Georgia, Mrs. Lesko, Mr. Arrington, Mr. Wilson of South Carolina, Mr.
Walberg, Mr. Rouzer, Mr. Alford, and Mr. Fry) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability, and in addition to the Committees on Armed Services,
and 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 enact into law the requirements of the Executive order issued on
September 22, 2020, relating to Combating Race and Sex Stereotyping, to
prohibit the use of Federal funds to carry out Executive Orders 13985,
14035, and 14091, 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 ``Work Not Woke Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Agency.--The term ``agency'' means any department,
agency, instrumentality, or establishment of the executive
branch of Government.
(2) Divisive concepts.--
(A) The term ``divisive concepts'' means the
concepts that--
(i) one race or sex is inherently superior
to another race or sex;
(ii) the United States is fundamentally
racist or sexist;
(iii) an individual, by virtue of his or
her race or sex, is inherently racist, sexist,
or oppressive, whether consciously or
unconsciously;
(iv) an individual should be discriminated
against or receive adverse treatment solely or
partly because of his or her race or sex;
(v) members of one race or sex cannot and
should not attempt to treat others without
respect to race or sex;
(vi) an individual's moral character is
necessarily determined by his or her race or
sex;
(vii) an individual, by virtue of his or
her race or sex, bears responsibility for
actions committed in the past by other members
of the same race or sex;
(viii) any individual should feel
discomfort, guilt, anguish, or any other form
of psychological distress on account of his or
her race or sex; or
(ix) meritocracy or traits such as a hard
work ethic are racist or sexist, or were
created by a particular race to oppress another
race.
(B) The term ``divisive concepts'' also includes
any other form of race or sex stereotyping or any other
form of race or sex scapegoating.
(3) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(4) OPM.--The term ``OPM'' means the Office of Personnel
Management.
(5) Race or sex stereotyping.--The term ``race or sex
stereotyping'' means ascribing character traits, values, moral
and ethical codes, privileges, status, or beliefs to a race or
sex, or to an individual because of his or her race or sex.
(6) Race or sex scapegoating.--The term ``race or sex
scapegoating'' means assigning fault, blame, or bias to a race
or sex, or to members of a race or sex because of their race or
sex. It similarly encompasses any claim that, consciously or
unconsciously, and by virtue of his or her race or sex, members
of any race are inherently racist or are inherently inclined to
oppress others, or that members of a sex are inherently sexist
or inclined to oppress others.
(7) Senior political appointee.--The term ``senior
political appointee'' means an individual appointed by the
President, or a non-career member of the Senior Executive
Service (or agency-equivalent system).
SEC. 3. REQUIREMENTS FOR THE UNITED STATES UNIFORMED SERVICES.
The United States Uniformed Services, including the United States
Armed Forces, shall not teach, instruct, or train any member of the
United States Uniformed Services, whether serving on active duty,
serving on reserve duty, attending a military service academy, or
attending courses conducted by a military department pursuant to a
Reserve Officer Corps Training program, to believe any divisive
concepts. No member of the United States Uniformed Services shall face
any penalty or discrimination on account of his or her refusal to
support, believe, endorse, embrace, confess, act upon, or otherwise
assent to such concepts.
SEC. 4. REQUIREMENTS FOR GOVERNMENT CONTRACTORS.
(a) In General.--Except in contracts exempted in the manner
provided by section 204 of Executive Order 11246 of September 24, 1965
(Equal Employment Opportunity), all Government contracting agencies
shall include in every Government contract hereafter entered into the
following provisions: ``During the performance of this contract, the
contractor agrees as follows:
``(1) The contractor shall not use any workplace training
that inculcates in its employees any form of race or sex
stereotyping or any form of race or sex scapegoating, including
the concepts that--
``(A) one race or sex is inherently superior to
another race or sex;
``(B) an individual, by virtue of his or her race
or sex, is inherently racist, sexist, or oppressive,
whether consciously or unconsciously;
``(C) an individual should be discriminated against
or receive adverse treatment solely or partly because
of his or her race or sex;
``(D) members of one race or sex cannot and should
not attempt to treat others without respect to race or
sex;
``(E) an individual's moral character is
necessarily determined by his or her race or sex;
``(F) an individual, by virtue of his or her race
or sex, bears responsibility for actions committed in
the past by other members of the same race or sex;
``(G) any individual should feel discomfort, guilt,
anguish, or any other form of psychological distress on
account of his or her race or sex; or
``(H) meritocracy or traits such as a hard work
ethic are racist or sexist, or were created by a
particular race to oppress another race.
The term `race or sex stereotyping' means ascribing character
traits, values, moral and ethical codes, privileges, status, or
beliefs to a race or sex, or to an individual because of his or
her race or sex, and the term `race or sex scapegoating' means
assigning fault, blame, or bias to a race or sex, or to members
of a race or sex because of their race or sex.
``(2) The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer,
advising the labor union or workers' representative of the
contractor's commitments under the Work Not Woke Act, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
``(3) In the event of the contractor's noncompliance with
the requirements of paragraphs (1), (2), and (4), or with any
rules, regulations, or orders that may be promulgated in
accordance with the Work Not Woke Act, this contract may be
canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive
Order 11246, and such other sanctions may be imposed and
remedies invoked as provided by any rules, regulations, or
orders the Secretary of Labor has issued or adopted pursuant to
Executive Order 11246, including subpart D of that order.
``(4) The contractor will include the provisions of
paragraphs (1) through (4) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order
as may be directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction, the contractor may request the United States to
enter into such litigation to protect the interests of the
United States.''.
(b) Hotline.--The Department of Labor shall, through the Office of
Federal Contract Compliance Programs, establish a hotline and
investigate complaints received under both this Act as well as
Executive Order 11246 alleging that a Federal contractor is utilizing
such training programs in violation of the contractor's obligations
under those orders. The Department shall take appropriate enforcement
action and provide remedial relief, as appropriate.
(c) Request for Information.--Not later than 30 days after the date
of enactment of this Act, the Director of such Office shall publish in
the Federal Register a request for information seeking information from
Federal contractors, Federal subcontractors, and employees of Federal
contractors and subcontractors regarding the training, workshops, or
similar programming provided to employees. The request for information
should request copies of any training, workshop, or similar programing
having to do with diversity and inclusion as well as information about
the duration, frequency, and expense of such activities.
SEC. 5. REQUIREMENTS FOR FEDERAL GRANTS.
(a) In General.--The heads of all agencies shall review their
respective grant programs and identify programs for which the agency
may, as a condition of receiving such a grant, require the recipient to
certify that it will not use Federal funds to promote the concepts
that--
(1) one race or sex is inherently superior to another race
or sex;
(2) an individual, by virtue of his or her race or sex, is
inherently racist, sexist, or oppressive, whether consciously
or unconsciously;
(3) an individual should be discriminated against or
receive adverse treatment solely or partly because of his or
her race or sex;
(4) members of one race or sex cannot and should not
attempt to treat others without respect to race or sex;
(5) an individual's moral character is necessarily
determined by his or her race or sex;
(6) an individual, by virtue of his or her race or sex,
bears responsibility for actions committed in the past by other
members of the same race or sex;
(7) any individual should feel discomfort, guilt, anguish,
or any other form of psychological distress on account of his
or her race or sex; or
(8) meritocracy or traits such as a hard work ethic are
racist or sexist, or were created by a particular race to
oppress another race.
(b) Submission of List.--Not later than 60 days after the date of
enactment of this Act, the heads of agencies shall each submit a report
to the Director of the Office of Management and Budget that lists all
grant programs so identified.
SEC. 6. REQUIREMENTS FOR AGENCIES.
(a) In General.--The fair and equal treatment of individuals is an
inviolable principle that must be maintained in the Federal workplace.
Agencies shall continue all training that will foster a workplace that
is respectful of all employees. Such training shall include the
following:
(1) The head of each agency shall use his or her authority
under sections 301, 302, and 4103 of title 5, United States
Code, to ensure that the agency, agency employees while on duty
status, and any contractors hired by the agency to provide
training, workshops, forums, or similar programming to agency
employees do not teach, advocate, act upon, or promote in any
training to agency employees any divisive concepts. Agencies
may consult with OPM, pursuant to section 4116 of title 5,
United States Code, in carrying out this provision.
(2) Agency diversity and inclusion efforts shall, first and
foremost, encourage agency employees not to judge each other by
their color, race, ethnicity, sex, or any other characteristic
protected by Federal law.
(b) OPM Regulations.--The Director of OPM shall propose regulations
providing that agency officials with supervisory authority over a
supervisor or an employee with responsibility for promoting diversity
and inclusion, if such supervisor or employee either authorizes or
approves training that promotes divisive concepts, shall take
appropriate steps to pursue a performance-based adverse action
proceeding against such supervisor or employee under chapter 43 or 75
of title 5, United States Code.
(c) Requirements.--Each agency head shall--
(1) issue an order incorporating the requirements of this
Act into agency operations, including by making compliance with
this Act a provision in all agency contracts for diversity
training;
(2) request that the agency inspector general thoroughly
review and assess by the end of the calendar year, and not less
than annually thereafter, agency compliance with the
requirements of this Act in the form of a report submitted to
OMB; and
(3) assign at least one senior political appointee
responsibility for ensuring compliance with the requirements of
this Act.
SEC. 7. OMB AND OPM REVIEW OF AGENCY TRAINING.
(a) OPM Review.--Consistent with OPM's authority under sections
4115 through 4118 of title 5, United States Code, all training programs
for agency employees relating to diversity or inclusion shall, before
being used, be reviewed by OPM for compliance with the requirements of
section 6 of this Act.
(b) Contractor Violation.--If a contractor provides a training for
agency employees relating to diversity or inclusion that teaches,
advocates, or promotes divisive concepts, and such action is in
violation of the applicable contract, the agency that contracted for
such training shall evaluate whether to pursue debarment of that
contractor, consistent with applicable law and regulations, and in
consultation with the Interagency Suspension and Debarment Committee.
(c) Reports.--Not later than 90 days after the date of enactment of
this Act, each agency shall report to OMB all spending in fiscal year
2022 on Federal employee training programs relating to diversity or
inclusion, whether conducted internally or by contractors. Such report
shall, in addition to providing aggregate totals, delineate awards to
each individual contractor.
(d) Implementation.--The Directors of OMB and OPM may jointly issue
guidance and directives pertaining to agency obligations under, and
ensuring compliance with, this Act.
SEC. 8. TITLE VII GUIDANCE.
The Attorney General should continue to assess the extent to which
workplace training that teaches divisive concepts may contribute to a
hostile work environment and give rise to potential liability under
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). If
appropriate, the Attorney General and the Equal Employment Opportunity
Commission shall issue publicly available guidance to assist employers
in better promoting diversity and inclusive workplaces consistent with
such title VII.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect immediately, except that the
requirements of section 4 of this Act shall apply to contracts entered
into 60 days after the date of this Act.
SEC. 10. PROHIBITION ON USE OF FEDERAL FUNDS TO CARRY OUT CERTAIN
EXECUTIVE ORDERS.
No Federal funds may be obligated or expended to carry out the
following Executive orders (or any successor Executive orders):
(1) Executive Order 13985 (relating to Advancing Racial
Equity and Support for Underserved Communities Through the
Federal Government).
(2) Executive Order 14035 (relating to Diversity, Equity,
Inclusion, and Accessibility in the Federal Workforce).
(3) Executive Order 14091 (relating to Further Advancing
Racial Equity and Support for Underserved Communities Through
the Federal Government).
SEC. 11. GENERAL PROVISIONS.
(a) Application.--This Act does not prevent agencies, the United
States Uniformed Services, or contractors from promoting racial,
cultural, or ethnic diversity or inclusiveness, provided such efforts
are consistent with the requirements of this Act.
(b) Object Discussion Permitted.--Nothing in this Act shall be
construed to prohibit discussing, as part of a larger course of
academic instruction, divisive concepts in an objective manner and
without endorsement.
(c) Expressive Association.--This Act shall be construed and
applied consistent with First Amendment protections of the right of
expressive association.
(d) Severability.--If any provision of this Act, or the application
of any provision to any person or circumstance, is held to be invalid,
the remainder of this Act and the application of its provisions to any
other persons or circumstances shall not be affected thereby.
<all>
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118HR2713 | I CAN Act | [
[
"J000295",
"Rep. Joyce, David P. [R-OH-14]",
"sponsor"
],
[
"B001278",
"Rep. Bonamici, Suzanne [D-OR-1]",
"cosponsor"
],
[
"U000040",
"Rep. Underwood, Lauren [D-IL-14]",
"cosponsor"
],
[
"K000399",
"Rep. Kiggans, Jennifer A [R-VA-2]",
"cosponsor"
],
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2713 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2713
To amend titles XVIII and XIX of the Social Security Act to increase
access to services provided by advanced practice registered nurses
under the Medicare and Medicaid programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Joyce of Ohio (for himself, Ms. Bonamici, Ms. Underwood, Mrs.
Kiggans of Virginia, Ms. Schakowsky, Mr. Armstrong, Mr. Blumenauer, Mr.
Smith of Nebraska, Mr. Grothman, Mr. Pappas, and Ms. Kuster) 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 titles XVIII and XIX of the Social Security Act to increase
access to services provided by advanced practice registered nurses
under the Medicare and Medicaid programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Care and Access to Nurses
Act'' or the ``I CAN Act''.
TITLE I--REMOVAL OF BARRIERS TO PRACTICE ON NURSE PRACTITIONERS
SEC. 101. EXPANDING ACCESS TO CARDIAC REHABILITATION PROGRAMS AND
PULMONARY REHABILITATION PROGRAMS UNDER MEDICARE PROGRAM.
(a) Cardiac Rehabilitation Programs.--Section 1861(eee) of the
Social Security Act (42 U.S.C. 1395x(eee)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``a
physician's office'' and inserting ``the office of a
physician (as defined in subsection (r)(1)) or the
office of a nurse practitioner, clinical nurse
specialist, or physician assistant (as those terms are
defined in subsection (aa)(5))''; and
(B) in subparagraph (C), by inserting ``(as defined
in subsection (r)(1)), nurse practitioner, clinical
nurse specialist, or physician assistant (as those
terms are defined in subsection (aa)(5))'' after
``physician'';
(2) in paragraph (3)(A), by striking ``physician-prescribed
exercise'' and inserting ``exercise prescribed by a physician
(as defined in subsection (r)(1)), nurse practitioner, clinical
nurse specialist, or physician assistant (as those terms are
defined in subsection (aa)(5))''; and
(3) in paragraph (5), by inserting ``(as defined in
subsection (r)(1)), nurse practitioner, clinical nurse
specialist, or physician assistant (as those terms are defined
in subsection (aa)(5)),'' after ``physician''.
(b) Pulmonary Rehabilitation Programs.--Section 1861(fff) of the
Social Security Act (42 U.S.C. 1395x(fff)) is amended--
(1) in paragraph (2)(A), by striking ``physician-prescribed
exercise'' and inserting ``exercise prescribed by a physician
(as defined in subsection (r)(1)), nurse practitioner, clinical
nurse specialist, or physician assistant (as those terms are
defined in subsection (aa)(5))''; and
(2) in paragraph (3), by inserting after ``physician'' the
following: ``(as defined in subsection (r)(1)), nurse
practitioner, clinical nurse specialist, or physician assistant
(as those terms are defined in subsection (aa)(5)),''.
SEC. 102. PERMITTING NURSE PRACTITIONERS TO SATISFY MEDICARE
DOCUMENTATION REQUIREMENT FOR COVERAGE OF CERTAIN SHOES
FOR INDIVIDUALS WITH DIABETES.
Section 1861(s)(12) of the Social Security Act (42 U.S.C.
1395x(s)(12)) is amended--
(1) in subparagraph (A), by inserting ``, nurse
practitioner, or physician assistant'' after ``physician''; and
(2) in subparagraph (C), by inserting ``, nurse
practitioner, or physician assistant'' after each occurrence of
``physician''.
SEC. 103. IMPROVEMENTS TO THE ASSIGNMENT OF BENEFICIARIES UNDER THE
MEDICARE SHARED SAVINGS PROGRAM.
Section 1899(c)(1) of the Social Security Act (42 U.S.C.
1395jjj(c)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of performance years beginning on
or after January 1, 2024, primary care services
provided under this title by an ACO professional
described in subsection (h)(1)(B).''.
SEC. 104. EXPANDING THE AVAILABILITY OF MEDICAL NUTRITION THERAPY
SERVICE MEDICARE PROGRAM.
Section 1861(vv)(1) of the Social Security Act (42 U.S.C.
1395x(vv)(1)) is amended by inserting ``, a nurse practitioner, a
clinical nurse specialist, or a physician assistant (as such terms are
defined in subsection (aa)(5))'' before the period at the end.
SEC. 105. PRESERVING ACCESS TO HOME INFUSION THERAPY.
(a) Allowing Applicable Providers To Establish Home Infusion
Therapy Plans.--Section 1861(iii)(1)(B) of the Social Security Act (42
U.S.C. 1395x(iii)(1)(B)) is amended--
(1) by striking ``a physician (as defined in subsection
(r)(1))'' and inserting ``an applicable provider (as defined in
paragraph (3)(A))''; and
(2) by striking ``a physician (as so defined)'' and
inserting ``an applicable provider (as so defined)''.
(b) Conforming Amendment.--Section 1834(u)(6) of the Social
Security Act (42 U.S.C. 1395m(u)(6)) is amended by striking
``physician'' and inserting ``applicable provider (as defined in
section 1861(iii)(3)(A))''.
SEC. 106. INCREASING ACCESS TO HOSPICE CARE SERVICES.
(a) In General.--Section 1814(a)(7)(A) of the Social Security Act
(42 U.S.C. 1395f(a)(7)(A)) is amended--
(1) in clause (i)(I), by striking ``a nurse practitioner
or'';
(2) in clause (i), in the matter following subclause (II),
by inserting ``or nurse practitioner'' after ``physician'' and
inserting ``, nurse practitioner's'' after ``physician's''; and
(3) in clause (ii), by striking ``or physician'' and
inserting ``, physician, or nurse practitioner''.
(b) Hospice Care Definition.--Section 1861(dd)(1)(C) of the Social
Security Act (42 U.S.C. 1395x(dd)(1)(C)) is amended by adding ``or
nurse practitioner'' after ``physician''.
(c) Nurse Practitioner Billing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall revise section 418.304 of title 42, Code of Federal
Regulations, to allow nurse practitioners to bill for services not
described in paragraph (a) of such section in the same manner as
physicians may bill for such services in accordance with paragraph (b)
of such section. Such revision shall provide that such services
furnished by a nurse practitioner shall be payable at the percent of
the physician fee schedule specified in section 1833(a)(1)(O) of the
Social Security Act (42 U.S.C. 1395l(a)(1)(O)).
SEC. 107. STREAMLINING CARE DELIVERY IN SKILLED NURSING FACILITIES AND
NURSING FACILITIES; AUTHORIZING MEDICARE AND MEDICAID
INPATIENT HOSPITAL PATIENTS TO BE UNDER THE CARE OF A
NURSE PRACTITIONER.
(a) Medicare.--
(1) Certification of post-hospital extended care
services.--Section 1814(a)(2) of the Social Security Act (42
U.S.C. 1395f(a)(2)) is amended by striking ``, or a nurse
practitioner,'' and inserting ``or a nurse practitioner (in
accordance with State law), or''.
(2) Certification authority for nurse practitioners.--
Section 1814(a)(3) of the Social Security Act (42 U.S.C.
1395f(a)(3)) is amended by inserting ``or nurse practitioner''
after ``physician'' the first place that it appears.
(3) Supervision requirement in skilled nursing facility
services.--Section 1819(b)(6)(A) of the Social Security Act (42
U.S.C. 1395i-3(b)(6)(A)) is amended--
(A) in the header, by striking ``Physician
supervision'' and inserting ``Supervision''; and
(B) by inserting ``or a nurse practitioner, in
accordance with State law'' after ``physician''.
(4) Administration of part b.--Section 1842(b)(2)(C) of the
Social Security Act (42 U.S.C. 1395u(b)(2)(C)) is amended--
(A) by inserting ``or a nurse practitioner'' after
``a physician''; and
(B) by striking ``or a nurse practitioner working
in collaboration with that physician, or both''.
(5) Provision of medical and other health services.--
Section 1861(s)(2)(K)(ii) of the Social Security Act (42 U.S.C.
1395x(s)(2)(K)(ii)) is amended by striking ``or clinical nurse
specialist (as defined in subsection (aa)(5)) working in
collaboration (as defined in subsection (aa)(6)) with a
physician (as defined in subsection (r)(1))'' and inserting
``(as defined in subsection (aa)(5)(A)), or by a clinical nurse
specialist (as defined in subsection (aa)(5)(B)) working in
collaboration with a physician (as defined in subsection
(r)(1)),''.
(6) Privileges for nurse practitioners.--Section 1861 of
the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (e)(4), by inserting ``(or nurse
practitioner, in accordance with State law)'' after
``physician'';
(B) in subsection (f)(1), by inserting ``or nurse
practitioner,'' after ``physician''; and
(C) in subsection (ee)(2), by inserting ``or nurse
practitioner,'' after ``physician'' each place that it
appears.
(b) Medicaid.--
(1) Certification authority for nurse practitioners.--
Section 1902(a)(44) of the Social Security Act (42 U.S.C.
1396a(a)(44)) is amended to read as follows:
``(44) in each case for which payment for inpatient
hospital services, skilled nursing facility services, services
in an intermediate care facility described in section 1905(d),
or inpatient mental hospital services is made under the State
plan--
``(A) a physician or nurse practitioner (or, in the
case of skilled nursing facility services or
intermediate care facility services, a physician or
nurse practitioner, or a clinical nurse specialist who
is not an employee of the facility but is working in
collaboration with a physician) certifies at the time
of admission, or, if later, the time the individual
applies for medical assistance under the State plan
(and a physician or nurse practitioner, or a physician
assistant under the supervision of a physician, or, in
the case of skilled nursing facility services or
intermediate care facility services, a physician or
nurse practitioner, or a clinical nurse specialist who
is not an employee of the facility but is working in
collaboration with a physician, recertifies, where such
services are furnished over a period of time, in such
cases, at least as often as required under section
1903(g)(6) (or, in the case of services that are
services provided in an intermediate care facility,
every year), and accompanied by such supporting
material, appropriate to the case involved, as may be
provided in regulations of the Secretary), that such
services are or were required to be given on an
inpatient basis because the individual needs or needed
such services, and
``(B) such services were furnished under a plan
established and periodically reviewed and evaluated by
a physician or nurse practitioner, or, in the case of
skilled nursing facility services or intermediate care
facility services, by a physician or nurse
practitioner, or a clinical nurse specialist who is not
an employee of the facility but is working in
collaboration with a physician;''.
(2) Nursing facility services supervision and clinical
records.--Section 1919(b)(6)(A) of the Social Security Act (42
U.S.C. 1396r(b)(6)(A)) is amended to read as follows:
``(A) require that the health care of every
resident be provided under the supervision of a
physician or nurse practitioner (or, at the option of a
State, under the supervision of a clinical nurse
specialist or physician assistant who is not an
employee of the facility but who is working in
collaboration with a physician);''.
SEC. 108. IMPROVING ACCESS TO MEDICAID CLINIC SERVICES.
Section 1905(a)(9) of the Social Security Act (42 U.S.C.
1396d(a)(9)) is amended by adding ``or nurse practitioner'' after
``physician'' in both places that it appears.
TITLE II--REMOVAL OF BARRIERS TO PRACTICE ON CERTIFIED REGISTERED NURSE
ANESTHETISTS
SEC. 201. CLARIFYING THAT CERTIFIED REGISTERED NURSE ANESTHETISTS CAN
BE REIMBURSED BY MEDICARE FOR EVALUATION AND MANAGEMENT
SERVICES.
Section 1861(bb)(1) of the Social Security Act (42 U.S.C.
1395x(bb)(1)) is amended by inserting ``, including pre-anesthesia
evaluation and management services,'' after ``and related care''.
SEC. 202. REVISION OF CONDITIONS OF PAYMENT RELATING TO SERVICES
ORDERED AND REFERRED BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.
Not later than 3 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall revise section 410.69
of title 42, Code of Federal Regulations, to clarify that, for purposes
of payment under part B of title XVIII of the Social Security Act--
(1) certified registered nurse anesthetists are authorized
to order, certify, and refer services to the extent allowed
under the law of the State in which the services are furnished;
and
(2) payment shall be made under such part for such services
so ordered, certified, or referred by certified registered
nurse anesthetists.
SEC. 203. SPECIAL PAYMENT RULE FOR TEACHING STUDENT REGISTERED NURSE
ANESTHETISTS.
Section 1848(a)(6) of the Social Security Act (42 U.S.C. 1395w-
4(a)(6)) is amended in the matter preceding subparagraph (A), by
inserting ``or student registered nurse anesthetists'' after
``physician residents''.
SEC. 204. REMOVING UNNECESSARY AND COSTLY SUPERVISION OF CERTIFIED
REGISTERED NURSE ANESTHETISTS.
Section 1861(bb)(2) of the Social Security Act (42 U.S.C.
1395x(bb)(2)) is amended--
(1) in the second sentence, by inserting ``, but may not
require that certified registered nurse anesthetists provide
services under the supervision of a physician'' after
``certification of nurse anesthetists''; and
(2) in the third sentence, by inserting ``under the
supervision of an anesthesiologist'' after ``an
anesthesiologist assistant''.
SEC. 205. CRNA SERVICES AS A MEDICAID-REQUIRED BENEFIT.
(a) In General.--Section 1905(a)(5) of the Social Security Act (42
U.S.C. 1396d(a)(5)) is amended--
(1) by striking ``and (B)'' and inserting ``(B)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (C) services furnished by a certified
registered nurse anesthetist (as defined in section
1861(bb)(2)), which such certified registered nurse anesthetist
is authorized to perform under State law (or the State
regulatory mechanism as provided by State law)''.
(b) Payment.--Section 1902(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended--
(1) in paragraph (86), by striking ``and'' at the end;
(2) in paragraph (87), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (87) the following new
paragraph:
``(88) provide for payment for the services of a certified
registered nurse anesthetist (as defined in section
1861(bb)(1)) in amounts no lower than the amounts, using the
same methodology, used for payment for amounts under section
1833(a)(1)(H).''.
TITLE III--REMOVAL OF BARRIERS TO PRACTICE ON CERTIFIED NURSE-MIDWIVES
SEC. 301. IMPROVING ACCESS TO TRAINING IN MATERNITY CARE.
(a) Medicare Payments for Supervision by Certified Nurse-
Midwives.--Paragraph (1) of section 1861(gg) of the Social Security Act
(42 U.S.C. 1395x(gg)) is amended to read as follows:
``(1) The term `certified nurse-midwife services' means--
``(A) such services furnished by a certified nurse-
midwife (as defined in paragraph (2)); and
``(B) such services (and such supplies and services
furnished as an incident to the nurse-midwife's
service) which--
``(i) the certified nurse-midwife is
legally authorized to perform under State law
(or the State regulatory mechanism provided by
State law) as would otherwise be covered if
furnished by a physician;
``(ii) are furnished under the supervision
of a certified-nurse midwife by an intern or
resident-in-training (as described in
subsection (b)(6));
``(iii) would otherwise be described in
subparagraph (A) if furnished by a certified
nurse-midwife; and
``(iv) would otherwise be covered if
furnished under the supervision of a
physician.''.
(b) Clarifying Permissibility of Using Certain Grants for Clinical
Training by Certified Nurse-Midwives.--Section 811(a)(1) of the Public
Health Service Act (42 U.S.C. 296j(a)(1)) is amended by inserting ``,
including clinical training,'' after ``projects''.
SEC. 302. IMPROVING MEDICARE PATIENT ACCESS TO HOME HEALTH SERVICES
PROVIDED BY CERTIFIED NURSE-MIDWIVES.
(a) In General.--Section 1835(a) of the Social Security Act (42
U.S.C. 1395n(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``or a certified nurse-midwife (as
defined in section 1861(gg)),'' after ``or a physician
assistant (as defined in section 1861(aa)(5)) who is
working in accordance with State law,''; and
(B) in subparagraph (A)--
(i) in each of clauses (ii) and (iii), by
striking ``or a physician assistant (as the
case may be)'' and inserting ``a physician
assistant, or a certified nurse-midwife (as the
case may be)''; and
(ii) in clause (iv), by--
(I) inserting ``or by a certified
nurse-midwife (as defined in section
1861(gg))'' after ``(but in no case
later than the date that is 6 months
after the date of the enactment of the
CARES Act)''; and
(II) by striking ``(as defined in
section 1861(gg))''; and
(2) in the matter following paragraph (2), by striking ``or
physician assistant (as the case may be)'' and inserting
``physician assistant, or certified nurse-midwife (as the case
may be)'' each place it appears.
(b) Conforming Amendments.--Section 1895 of the Social Security Act
(42 U.S.C. 1395(fff)) is amended--
(1) in subsection (c)(1), by inserting ``a certified nurse-
midwife (as defined in section 1861(gg)),'' after ``clinical
nurse specialist (as those terms are defined in section
1861(aa)(5)),''; and
(2) in subsection (e)(1)(A), by striking ``a physician a
nurse practitioner or clinical nurse specialist,'' and
inserting ``a physician, a nurse practitioner, a clinical nurse
specialist, a certified nurse-midwife,''.
SEC. 303. IMPROVING ACCESS TO DMEPOS FOR MEDICARE BENEFICIARIES.
Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is
amended--
(1) in paragraph (1)(E)(ii) by striking ``or a clinical
nurse specialist (as those terms are defined in section
1861(aa)(5))'' and inserting ``, a clinical nurse specialist
(as those terms are defined in section 1861(aa)(5)), or a
certified nurse-midwife (as defined in section 1861(gg))''; and
(2) in paragraph (11)(B)(ii)--
(A) by striking ``or a clinical nurse specialist
(as those terms are defined in section 1861(aa)(5))''
and inserting ``a clinical nurse specialist (as those
terms are defined in section 1861 (aa)(5)), or a
certified nurse-midwife (as defined in 1861(gg))''; and
(B) by striking ``or specialist'' and inserting
``specialist, or nurse-midwife''.
SEC. 304. TECHNICAL CHANGES TO QUALIFICATIONS AND CONDITIONS WITH
RESPECT TO THE SERVICES OF CERTIFIED NURSE-MIDWIVES.
Section 1861(gg)(2) of the Social Security Act (42 U.S.C.
1395x(gg)(2)) is amended by striking ``, or has been certified by an
organization recognized by the Secretary'' and inserting ``and has been
certified by the American Midwifery Certification Board (or a successor
organization)''.
TITLE IV--IMPROVING FEDERAL HEALTH PROGRAMS FOR ALL ADVANCED PRACTICE
REGISTERED NURSES
SEC. 401. REVISING THE LOCAL COVERAGE DETERMINATION PROCESS UNDER THE
MEDICARE PROGRAM.
(a) In General.--Section 1862(l)(5) of the Social Security Act (42
U.S.C. 1395y(l)(5)) is amended--
(1) in subparagraph (D), by adding at the end the following
new clauses:
``(vi) Identification of any medical or
scientific experts whose advice was obtained by
such contractor during the development of such
determination, whether or not such contractor
relied on such advice in developing such
determination.
``(vii) A hyperlink to any written
communication between such contractor and
another entity that such contractor relied on
when developing such determination.
``(viii) A hyperlink to any rule,
guideline, protocol, or other criterion that
such contractor relied on when developing such
determination.''; and
(2) by adding at the end the following new subparagraphs:
``(E) Prohibition on imposition of practitioner
qualifications.--The Secretary shall prohibit a
Medicare administrative contractor that develops a
local coverage determination from imposing such
determination on any coverage limitation with respect
to the qualifications of a physician (as defined in
section 1861(r)) or a practitioner described in section
1842(b)(18)(C) who may furnish the item or service that
is the subject of such determination.
``(F) Civil monetary penalty.--A Medicare
administrative contractor that develops a local
coverage determination that fails to make information
described in subparagraph (D) available as required by
the Secretary under such subparagraph or comply with
the prohibition under subparagraph (E) is subject to a
civil monetary penalty of not more than $10,000 for
each such failure. The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a
civil money penalty under the previous sentence in the
same manner as such provisions apply to a penalty or
proceeding under section 1128A(a).''.
(b) Timing of Review.--Section 1869(f)(2) of the Social Security
Act (42 U.S.C. 1395ff(f)(2)) is amended by adding at the end the
following new subparagraph:
``(D) Timing of review.--An aggrieved party may
file a complaint described in subparagraph (A) with
respect to a local coverage determination on or after
the date that such determination is posted, in
accordance with section 1862(l)(5)(D), on the Internet
website of the Medicare administrative contractor
making such determination, whether or not such
determination has taken effect.''.
(c) Effective Date.--The amendments made by this section shall
apply to local coverage determinations made available on the internet
website of a Medicare administrative contractor and on the Medicare
internet website on or after the date of the enactment of this Act.
SEC. 402. LOCUM TENENS.
Section 1842(b)(6) of the Social Security Act (42 U.S.C.
1395u(b)(6)) is amended--
(1) by striking ``and (J)'' and inserting ``, (J)''; and
(2) by adding ``, and (K) in the case of services furnished
by a certified registered nurse anesthetist (as defined in
section 1861(bb)(2)), nurse practitioner, or clinical nurse
specialist (as defined in section 1861(aa)(5)), or a certified
nurse midwife (as defined in section 1861(gg)(2))'' after ``(as
defined in section 1886(d)(2)(D))''.
TITLE V--MISCELLANEOUS
SEC. 501. EFFECTIVE DATE.
The provisions of, including amendments made by, this Act (other
than sections 103 and 401) shall apply with respect to items and
services furnished on or after the date that is 90 days after the date
of the enactment of this Act. Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall implement such
provisions, including such amendments, through interim final rule or
subregulatory guidance if the Secretary determines such implementation
to be necessary for purposes of complying with the preceding sentence
or with any other effective date provided in this Act.
<all>
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118HR2714 | Return to Prudent Banking Act of 2023 | [
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[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2714 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2714
To repeal certain provisions of the Gramm-Leach-Bliley Act and revive
the separation between commercial banking and the securities business,
in the manner provided in the Banking Act of 1933, the so-called
``Glass-Steagall Act'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Kaptur (for herself, Ms. Norton, Ms. Omar, Ms. Pingree, Ms. Wild,
Ms. Tlaib, Mr. Pocan, and Mrs. Watson Coleman) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To repeal certain provisions of the Gramm-Leach-Bliley Act and revive
the separation between commercial banking and the securities business,
in the manner provided in the Banking Act of 1933, the so-called
``Glass-Steagall 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 ``Return to Prudent Banking Act of
2023''.
SEC. 2. GLASS-STEAGALL REVIVED.
(a) Wall Between Commercial Banks and Securities Activities
Reestablished.--Section 18 of the Federal Deposit Insurance Act (12
U.S.C. 1828) is amended by adding at the end the following new
subsection:
``(bb) Limitations on Security Affiliations.--
``(1) Prohibition on affiliation between insured depository
institutions and investment banks or securities firms.--An
insured depository institution may not be or become an
affiliate of any broker or dealer, any investment adviser, any
investment company, or any other person engaged principally in
the issue, flotation, underwriting, public sale, or
distribution at wholesale or retail or through syndicate
participation of stocks, bonds, debentures, notes, or other
securities.
``(2) Prohibition on officers, directors and employees of
securities firms service on boards of depository
institutions.--
``(A) In general.--An individual who is an officer,
director, partner, or employee of any broker or dealer,
any investment adviser, any investment company, or any
other person engaged principally in the issue,
flotation, underwriting, public sale, or distribution
at wholesale or retail or through syndicate
participation of stocks, bonds, debentures, notes, or
other securities may not serve at the same time as an
officer, director, employee, or other institution-
affiliated party of any insured depository institution.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to service by any individual which is
otherwise prohibited under such subparagraph if the
appropriate Federal banking agency determines, by
regulation with respect to a limited number of cases,
that service by such individual as an officer,
director, employee, or other institution-affiliated
party of any insured depository institution would not
unduly influence the investment policies of the
depository institution or the advice the institution
provides to customers.
``(C) Termination of service.--Subject to a
determination under subparagraph (B), any individual
described in subparagraph (A) who, as of the date of
the enactment of the Return to Prudent Banking Act of
2023, is serving as an officer, director, employee, or
other institution-affiliated party of any insured
depository institution shall terminate such service as
soon as practicable after such date of enactment and no
later than the end of the 60-day period beginning on
such date.
``(3) Termination of existing affiliation.--
``(A) Orderly wind-down of existing affiliation.--
Any affiliation of an insured depository institution
with any broker or dealer, any investment adviser, any
investment company, or any other person, as of the date
of the enactment of the Return to Prudent Banking Act
of 2023, which is prohibited under paragraph (1) shall
be terminated as soon as practicable and in any event
no later than the end of the 2-year period beginning on
such date of enactment.
``(B) Early termination.--The appropriate Federal
banking agency, after opportunity for hearing, may
terminate, at any time, the authority conferred by the
preceding subparagraph to continue any affiliation
subject to such subparagraph until the end of the
period referred to in such subparagraph if the agency
determines, having due regard for the purposes of this
subsection and the Return to Prudent Banking Act of
2023, that such action is necessary to prevent undue
concentration of resources, decreased or unfair
competition, conflicts of interest, or unsound banking
practices and is in the public interest.
``(C) Extension.--Subject to a determination under
subparagraph (B), an appropriate Federal banking agency
may extend the 2-year period referred to in
subparagraph (A) from time to time as to any particular
insured depository institution for not more than 6
months at a time, if, in the judgment of the agency,
such an extension would not be detrimental to the
public interest, but no such extensions shall in the
aggregate exceed 1 year.
``(4) Definitions.--For purposes of this subsection, the
terms `broker' and `dealer' have the same meanings as in
section 3(a) of the Securities Exchange Act of 1934 and the
terms `investment adviser' and `investment company' have the
meaning given such terms under the Investment Advisers Act of
1940 and the Investment Company Act of 1940, respectively.''.
(b) Prohibition on Banking Activities by Securities Firms
Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is
amended by adding at the end the following new subsection:
``(c) Business of Receiving Deposits.--For purposes of this
section, the term `business of receiving deposits' includes the
establishment and maintenance of any transaction account (as defined in
section 19(b)(1)(C) of the Federal Reserve Act).''.
(c) Continued Applicability of ICI vs. Camp.--
(1) In general.--The Congress ratifies the interpretation
of the paragraph designated the ``Seventh'' of section 5136 of
the Revised Statutes of the United States (12 U.S.C. 24, as
amended by section 16 of the Banking Act of 1933 and subsequent
amendments) and section 21 of the Banking Act of 1933 (12
U.S.C. 378) by the Supreme Court of the United States in the
case of Investment Company Institute v. Camp (401 U.S. 617 et
seq. (1971)) with regard to the permissible activities of banks
and securities firms, except to the extent expressly prescribed
otherwise by this section.
(2) Applicability of reasoning.--The reasoning of the
Supreme Court of the United States in the case referred to in
paragraph (1) with respect to sections 20 and 32 of the Banking
Act of 1933 (as in effect prior to the date of the enactment of
the Gramm-Leach-Bliley Act) shall continue to apply to
subsection (bb) of section 18 of the Federal Deposit Insurance
Act (as added by subsection (a) of this section) except to the
extent the scope and application of such subsection as enacted
exceed the scope and application of such sections 20 and 32.
(3) Limitation on agency interpretation or judicial
construction.--No appropriate Federal banking agency, by
regulation, order, interpretation, or other action, and no
court within the United States may construe the paragraph
designated the ``Seventh'' of section 5136 of the Revised
Statutes of the United States (12 U.S.C. 24, as amended by
section 16 of the Banking Act of 1933 and subsequent
amendments), section 21 of the Banking Act of 1933, or section
18(bb) of the Federal Deposit Insurance Act more narrowly than
the reasoning of the Supreme Court of the United States in the
case of Investment Company Institute v. Camp (401 U.S. 617 et
seq. (1971)) as to the construction and the purposes of such
provisions.
SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS.
(a) Financial Holding Company.--
(1) In general.--Section 4 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1843) is amended by striking subsections
(k), (l), (m), (n), and (o).
(2) Transition.--
(A) Orderly wind-down of existing affiliation.--In
the case of a bank holding company which, pursuant to
the amendments made by paragraph (1), is no longer
authorized to control or be affiliated with any entity
that was permissible for a financial holding company,
any affiliation by the bank holding company which is
not permitted for a bank holding company shall be
terminated as soon as practicable and in any event no
later than the end of the 2-year period beginning on
such date of enactment.
(B) Early termination.--The Board of Governors of
the Federal Reserve System, after opportunity for
hearing, may terminate, at any time, the authority
conferred by the preceding subparagraph to continue any
affiliation subject to such subparagraph until the end
of the period referred to in such subparagraph if the
Board determines, having due regard to the purposes of
this Act, that such action is necessary to prevent
undue concentration of resources, decreased or unfair
competition, conflicts of interest, or unsound banking
practices, and is in the public interest.
(C) Extension.--Subject to a determination under
subparagraph (B), the Board of Governors of the Federal
Reserve System may extend the 2-year period referred to
in subparagraph (A) above from time to time as to any
particular bank holding company for not more than 6
months at a time, if, in the judgment of the Board,
such an extension would not be detrimental to the
public interest, but no such extensions shall in the
aggregate exceed 1 year.
(3) Technical and conforming amendments.--
(A) Section 2 of the Bank Holding Company Act of
1956 (12 U.S.C. 1841) is amended by striking subsection
(p).
(B) Section 5(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1844(c)) is amended--
(i) by striking paragraphs (3) and (4); and
(ii) by redesignating paragraph (5) as
paragraph (3).
(C) Section 5 of the Bank Holding Company Act of
1956 (12 U.S.C. 1844) is amended by striking subsection
(g).
(D) The Federal Deposit Insurance Act (12 U.S.C.
1811 et seq.) is amended by striking section 45.
(E) Subtitle B of title I of the Gramm-Leach-Bliley
Act is amended by striking section 114 (12 U.S.C.
1828a) and section 115 (12 U.S.C. 1820a).
(b) Financial Subsidiaries Repealed.--
(1) In general.--Section 5136A of the Revised Statutes of
the United States (12 U.S.C. 24a) is amended to read as
follows:
``SEC. 5136A. [REPEALED].''.
(2) Transition.--
(A) Orderly wind-down of existing affiliation.--In
the case of a national bank which, pursuant to the
amendments made by paragraph (1), is no longer
authorized to control or be affiliated with a financial
subsidiary as of the date of the enactment of this Act,
such affiliation shall be terminated as soon as
practicable and in any event no later than the end of
the 2-year period beginning on such date of enactment.
(B) Early termination.--The Comptroller of the
Currency, after opportunity for hearing, may terminate,
at any time, the authority conferred by the preceding
subparagraph to continue any affiliation subject to
such subparagraph until the end of the period referred
to in such subparagraph if the Comptroller determines,
having due regard for the purposes of this Act, that
such action is necessary to prevent undue concentration
of resources, decreased or unfair competition,
conflicts of interest, or unsound banking practices and
is in the public interest.
(C) Extension.--Subject to a determination under
subparagraph (B), the Comptroller of the Currency may
extend the 2-year period referred to in subparagraph
(A) above from time to time as to any particular
national bank for not more than 6 months at a time, if,
in the judgment of the Comptroller, such an extension
would not be detrimental to the public interest, but no
such extensions shall in the aggregate exceed 1 year.
(3) Technical and conforming amendment.--
(A) The 20th undesignated paragraph of section 9 of
the Federal Reserve Act (12 U.S.C. 335) is amended by
striking the last sentence.
(B) The Federal Deposit Insurance Act is amended by
striking section 46 (12 U.S.C. 1831w).
(4) Clerical amendment.--The table of sections for chapter
one of title LXII of the Revised Statutes of the United States
is amended by striking the item relating to section 5136A.
(c) Definition of Broker.--Section 3(a)(4)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended--
(1) by striking clauses (i), (iii), (v), (vii), (x), and
(xi); and
(2) by redesignating clauses (ii), (iv), (vi), (viii), and
(ix) as clauses (i), (ii), (iii), (iv), and (v), respectively.
(d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended--
(1) by striking clauses (i) and (iii); and
(2) by redesignating clauses (ii) and (iv) as clauses (i)
and (ii), respectively.
(e) Definition of Identified Banking Product.--Subsection (a) of
section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is
amended--
(1) by inserting ``and'' after the semicolon at the end of
paragraph (4);
(2) in paragraph (5)(B)(ii), by striking ``; or'' and
inserting a period; and
(3) by striking paragraph (6) and all that follows through
the end of such subsection.
(f) Definition of Activities Closely Related to Banking.--
(1) In general.--Section 4(c)(8) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by
striking ``the day before the date of the enactment of the
Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970''.
(2) Provision allowing for exceptions after report to the
congress.--Subsection (j) of section 4 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as
follows:
``(j) Approval for Certain Post-1970 Subsection (c)(8)
Activities.--
``(1) In general.--Notwithstanding the limitation of the
January 1, 1970, approval deadline in subsection (c)(8), the
Board may determine an activity to be so closely related to
banking as to be a proper incident thereto for purposes of such
subsection, subject to the requirements of this subsection and
such terms and conditions as the Board may require.
``(2) General standards.--In making any determination under
paragraph (1), the Board shall consider whether performance of
the activity by a bank holding company or a subsidiary of such
company can reasonably be expected to result in a violation of
section 18(bb) of the Federal Deposit Insurance Act, section 21
of the Banking Act of 1933, or the spirit of section 2(c) of
the Return to Prudent Banking Act of 2023, and other possible
adverse effects, such as undue concentration of resources,
decreased or unfair competition, conflicts of interests, or
unsound banking practices.
``(3) Report and wait.--No determination of the Board under
paragraph (1) may take effect before the end of the 180-day
period beginning on the date by which notice of the
determination has been submitted to both Houses of the Congress
together with a detailed explanation of the activities to which
the determination relates and the basis for the determination,
unless before the end of such period, such activities have been
approved by an Act of Congress.''.
(g) Repeal of Provision Relating to Foreign Banks Filing as
Financial Holding Companies.--Section 8(c) of the International Banking
Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3).
SEC. 4. REPORTS TO THE CONGRESS.
(a) Reports Required.--Each time the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, or another
appropriate Federal banking agency makes a determination or an
extension under subparagraph (B) or (C) of paragraph (2) or (3) of
section 18(bb) of the Federal Deposit Insurance Act (as added by
section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2)
of section 3, as the case may be, the Board, Comptroller, or agency
shall promptly submit a report of such determination or extension to
the Congress.
(b) Contents.--Each report submitted to the Congress under
subsection (a) shall contain a detailed description of the basis for
the determination or extension.
<all>
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118HR2715 | Keep Our PACT Act | [
[
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[
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[
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],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2715 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2715
To require full funding of part A of title I of the Elementary and
Secondary Education Act of 1965 and the Individuals with Disabilities
Education Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mrs. Lee of Nevada (for herself, Ms. Adams, Ms. Balint, Ms. Barragan,
Ms. Bonamici, Ms. Brown, Mr. Carbajal, Mr. Carter of Louisiana, Mr.
Casten, Mr. Castro of Texas, Ms. Clarke of New York, Mr. Cleaver, Ms.
Craig, Ms. Crockett, Mr. Davis of Illinois, Mr. DeSaulnier, Mr.
Espaillat, Mr. Evans, Ms. Lois Frankel of Florida, Mr. Robert Garcia of
California, Mr. Garcia of Illinois, Mr. Gomez, Mr. Green of Texas, Mrs.
Hayes, Mr. Horsford, Ms. Hoyle of Oregon, Ms. Jacobs, Mr. Johnson of
Georgia, Mr. Kilmer, Ms. Kuster, Mr. Landsman, Mr. Lynch, Ms. McCollum,
Mr. McGarvey, Ms. Moore of Wisconsin, Mr. Moulton, Mr. Nadler, Mrs.
Napolitano, Mr. Neguse, Ms. Norton, Mr. Payne, Mr. Pocan, Ms. Porter,
Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Ms. Sewell, Ms.
Stevens, Ms. Strickland, Ms. Titus, Ms. Tlaib, Ms. Tokuda, Mr. Trone,
Ms. Velazquez, Ms. Williams of Georgia, and Mr. Himes) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To require full funding of part A of title I of the Elementary and
Secondary Education Act of 1965 and the Individuals with Disabilities
Education Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) Part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) helps address
inequity in education in school districts across the United
States to provide a high-quality education to every student.
(4) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) guarantees all children with disabilities
a first-rate education.
(5) The amendments made to such Act by the Individuals with
Disabilities Education Improvement Act of 2004 (Public Law 108-
446; 118 Stat. 2647) committed Congress to providing 40 percent
of the national current average per-pupil expenditure for
students with disabilities.
(6) A promise made must be a promise kept.
SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF ESEA.
(a) Definition of Fiscal Year 2023 Part A of Title I
Appropriation.--In this section, the term ``fiscal year 2023 part A of
title I appropriation'' means the amount appropriated for fiscal year
2023 for programs under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(b) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated, for programs under part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.)--
(1) for fiscal year 2024, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $20,536,802,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(2) for fiscal year 2025, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $22,735,435,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(3) for fiscal year 2026, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $25,169,449,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(4) for fiscal year 2027, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $27,864,044,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(5) for fiscal year 2028, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $30,847,118,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(6) for fiscal year 2029, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $34,149,554,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(7) for fiscal year 2030, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $37,805,543,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(8) for fiscal year 2031, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $41,852,935,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(9) for fiscal year 2032, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $46,333,634,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater; and
(10) for fiscal year 2033, $51,294,029,000 or the full
amount authorized to be appropriated for the fiscal year for
such programs, whichever is greater.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $16,259,193,000 or 14.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$5,870,321,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2024, which shall become available for obligation
on July 1, 2024, and shall remain available through
September 30, 2025;
``(B) $18,636,567,000 or 16.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025, and there are hereby appropriated
$7,535,090,000 or 6.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2025, which shall become available for obligation
on July 1, 2025, and shall remain available through
September 30, 2026;
``(C) $21,361,554,000 or 17.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2026, and there are hereby appropriated
$9,671,973,000 or 8.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2026, which shall become available for obligation
on July 1, 2026, and shall remain available through
September 30, 2027;
``(D) $24,484,981,000 or 20.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, and there are hereby appropriated
$12,414,856,000 or 10.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, which shall become available for
obligation on July 1, 2027, and shall remain available
through September 30, 2028;
``(E) $28,065,107,000 or 22.6 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, and there are hereby appropriated
$15,935,595,000 or 12.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, which shall become available for
obligation on July 1, 2028, and shall remain available
through September 30, 2029;
``(F) $32,168,709,000 or 25.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, and there are hereby appropriated
$20,454,785,000 or 16.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, which shall become available for
obligation on July 1, 2029, and shall remain available
through September 30, 2030;
``(G) $36,872,329,000 or 28.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, and there are hereby appropriated
$26,255,574,000 or 20.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, which shall become available for
obligation on July 1, 2030, and shall remain available
through September 30, 2031;
``(H) $42,263,698,000 or 31.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, and there are hereby appropriated
$33,701,415,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, which shall become available for
obligation on July 1, 2031, and shall remain available
through September 30, 2032;
``(I) $48,443,379,000 or 35.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, and there are hereby appropriated
$43,258,828,000 or 31.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, which shall become available for
obligation on July 1, 2032, and shall remain available
through September 30, 2033; and
``(J) $55,526,635,000 or 40.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2033 and each subsequent fiscal year,
and there are hereby appropriated $55,526,635,000 or
40.0 percent of the amount determined under paragraph
(2), whichever is greater, for fiscal year 2033 and
each subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2033 on July 1,
2033, and shall remain available through
September 30, 2034; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services, as determined by the
Secretary on the basis of the most recent
satisfactory data; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
<all>
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118HR2716 | OWNER Act | [
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2716
To distribute revenue from offshore wind projects in the New York Bight
Area to certain coastal States, and promote conservation and workforce
development.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
the Budget, 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 distribute revenue from offshore wind projects in the New York Bight
Area to certain coastal States, and promote conservation and workforce
development.
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 ``Offshore Wind for Northeastern
Energy Revenue Act'' or the ``OWNER Act''.
SEC. 2. PARITY IN OFFSHORE WIND REVENUE SHARING WITHIN THE NEW YORK
BIGHT AREA.
Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues from projects located
within 3 nautical miles seaward of state submerged
land.--The Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues from offshore wind
projects in certain areas.--
``(i) Deposits.--For each fiscal year, the
Secretary of the Treasury shall deposit--
``(I) 50 percent of qualified
revenue in the general fund of the
Treasury and credited to miscellaneous
receipts; and
``(II) 50 percent of qualified
revenue in a special account in the
Treasury to be allocated to eligible
States and coastal political
subdivisions in accordance with clause
(ii).
``(ii) Allocations.--
``(I) Eligible states.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year the amount made available
under clause (i)(II) shall be
allocated to each eligible
State in amounts (based on a
formula established by the
Secretary by a regulation
issued not later than 180 days
after the date of enactment of
this subparagraph) that are
inversely proportional to the
respective distances between
the point on the coastline of
each eligible State that is
closest to the geographic
center of the applicable leased
tract and the geographic center
of the leased tract.
``(bb) Minimum
allocation.--The amount
allocated to an eligible State
each fiscal year under item
(aa) shall be at least 10
percent of the amounts made
available under clause (i)(II).
``(II) Coastal political
subdivisions.--
``(aa) In general.--For
each fiscal year, the Secretary
shall pay 25 percent of the
allocable share of each
eligible State, as determined
under subclause (I), to any
coastal political subdivisions
of the eligible State.
``(bb) Formula.--The amount
paid by the Secretary to a
coastal political subdivision
under item (aa) shall be
determined in accordance with
section 31(b)(4)(B).
``(iii) Timing.--The amounts required to be
deposited under clause (i)(II) for the
applicable fiscal year shall be made available
in accordance with clause (i)(II) during the
fiscal year immediately following the
applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State and
coastal political subdivision shall, in
accordance with all applicable Federal
and State laws, use all amounts
received under clause (ii) for one or
more of the following purposes:
``(aa) Coastal protection,
including conservation, coastal
restoration, hurricane
protection, and infrastructure
directly affected by coastal
wetland losses.
``(bb) Workforce training,
including for employment in the
renewable energy sector and
related sectors.
``(cc) Infrastructure
development to support
renewable energy projects,
including the transmission of
renewable energy.
``(dd) Supporting science,
technology, engineering, and
mathematics education.
``(ee) Reducing carbon
dioxide emissions and improving
air quality.
``(ff) Mitigation of damage
to fish, wildlife, or natural
resources.
``(gg) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(hh) Planning assistance
and the administrative costs of
complying with this
subparagraph.
``(II) Limitation.--An eligible
State and coastal political subdivision
may not use more than 3 percent of the
amounts such eligible State or coastal
political subdivision receives for a
fiscal year under clause (ii) for the
purposes described in subclause
(I)(hh).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under clause
(i)(II) shall--
``(I) be made available, without
further appropriation, in accordance
with this subparagraph;
``(II) remain available until
expended; and
``(III) be in addition to any
amount appropriated under any other
provision of law.
``(vi) Reporting.--
``(I) In general.--Not later than
180 days after the end of each
applicable fiscal year, the Governor of
each eligible State that receives an
amount under clause (ii) for a fiscal
year shall submit to the Secretary a
report that describes the use of such
amounts by the eligible State during
the period covered by the report.
``(II) Public availability.--On
receipt of a report under subclause
(I), the Secretary shall make the
report available to the public on the
website of the Department of the
Interior.
``(III) Limitation.--If the
Governor of an eligible State that
receives an amount under clause (ii)
for a fiscal year fails to submit the
report required under subclause (I) by
the deadline specified in that
subclause, any amount that would
otherwise be provided to the eligible
State under clause (ii) for the
succeeding fiscal year shall be
deposited in the general fund of the
Treasury and credited to miscellaneous
receipts.
``(vii) Definitions.--In this subparagraph:
``(I) Coastal political
subdivision.--The term `coastal
political subdivision' means a
political subdivision of an eligible
State any part of which political
subdivision is--
``(aa) within the coastal
zone (as defined in section 304
of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453))
of the eligible State as of the
date of enactment of this
subparagraph; and
``(bb) not more than 100
nautical miles from the
geographic center of any
covered offshore wind project.
``(II) Covered offshore wind
project.--The term `covered offshore
wind project' means a wind-powered
electric generation project in a wind
energy area on the outer Continental
Shelf within the New York Bight Area
that is not wholly or partially located
within an area subject to subparagraph
(B), including--
``(aa) Hudson North OCS-A
0544;
``(bb) Central Bight OCS-A
0537; and
``(cc) Hudson South OCS-A
0538, OCS-A 0539, OCS-A 0541,
and OCS-A 0542.
``(III) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 nautical miles of the
geographic center of a covered offshore
wind project.
``(IV) New york bight area.--The
term `New York Bight Area' means the
area extending generally northeast from
Cape May in New Jersey to Montauk Point
on the eastern tip of Long Island, as
described by the Bureau of Ocean Energy
Management in the final environmental
assessment titled `Commercial and
Research Wind Lease and Grant Issuance
and Site Assessment Activities on the
Atlantic Outer Continental Shelf of the
New York Bight' (December 16, 2021;
BOEM 2021-073).
``(V) Qualified revenue.--The term
`qualified revenue' means all rentals,
royalties, bonus bids, and other sums
due and payable to the United States
from leases for covered offshore wind
projects.''.
SEC. 3. REVENUE SHARING FOR WIND LEASE SALES IN THE NEW YORK BIGHT AREA
IN FISCAL YEAR 2023.
(a) In General.--For any lease sales held in the New York Bight
Area before the date of enactment of this Act, including OCS-A 0544,
OCS-A 0537, OCS-A 0538, OCS-A 0539, OCS-A 0541, and OCS-A 0542, the
Secretary of the Interior shall disburse the revenue generated by the
bonus bids from such lease sales to eligible States pursuant to
subparagraph (C) of section 8(p)(2) of the Outer Continental Shelf
Lands Act, as added by this Act.
(b) Eligible State; New York Bight Area.--In this section, the
terms ``eligible State'' and ``New York Bight Area'' have the meanings
given such terms in subparagraph (C) of section 8(p)(2) of the Outer
Continental Shelf Lands Act, as added by this Act.
SEC. 4. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.
(a) In General.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Payments to Social Security Trust Funds
(28-0404-0-1-651).'' the following:
``Payments to States pursuant to subparagraph (C)
of section 8(p)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)(2)(C)).''.
(b) Applicability.--The amendment made by section shall apply to
any sequestration order issued under the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date
of enactment of this Act.
<all>
</pre></body></html>
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118HR2717 | Hershel Woody Williams National Medal of Honor Monument Location Act | [
[
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2717 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2717
To authorize the National Medal of Honor Museum Foundation to establish
a commemorative work on the National Mall to honor the extraordinary
acts of valor, selfless service, and sacrifice displayed by Medal of
Honor recipients.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Moore of Utah (for himself, Mr. Veasey, Mr. Espaillat, Ms.
Brownley, Mr. Curtis, Mrs. Miller of West Virginia, Mr. Hudson, Mr.
Pfluger, Mr. Tony Gonzales of Texas, Mrs. Bice, Mrs. Harshbarger, Mrs.
Luna, Mr. Ellzey, Mrs. Hinson, Mr. Williams of Texas, Mr. Carbajal, Mr.
Neguse, Mr. Hunt, and Mr. Allred) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the National Medal of Honor Museum Foundation to establish
a commemorative work on the National Mall to honor the extraordinary
acts of valor, selfless service, and sacrifice displayed by Medal of
Honor recipients.
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 ``Hershel `Woody' Williams National
Medal of Honor Monument Location Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress in 2021 unanimously passed, and the President
signed, Public Law 117-80 (40 U.S.C. 8903 note), which
authorized the National Medal of Honor Museum Foundation to
establish on Federal land in the District of Columbia a
commemorative work to honor the acts of valor, selfless
service, and sacrifice displayed by Medal of Honor recipients.
(2) The Medal of Honor was established by President Abraham
Lincoln and first awarded 160 years ago on March 25, 1863, and
is part of Lincoln's lasting and living legacy.
(3) In 1991, during the administration of President George
H.W. Bush, this legacy was extended further when National Medal
of Honor Day was established as March 25th of each year.
(4) The Medal of Honor is awarded to all branches of the
United States Armed Forces as our nation's highest recognition
for valor in combat.
(5) The number of living Medal of Honor recipients has been
steadily declining, making it even more crucial to honor and
recognize their heroic sacrifices and inspire future
generations.
(6) Hershel ``Woody'' Williams, the last World War II Medal
of Honor recipient, passed away in 2022 and laid in honor at
the United States Capitol.
(7) The Medal of Honor represents the very best of our
Nation--ordinary citizens, who took extraordinary action above
and beyond the call of duty and became heroes of our Republic.
(8) These examples inspire all citizens and ignite within
us the very spirit of America.
(9) The Medal of Honor rises to the level of supreme
national and historical importance necessary to warrant
representation on the National Mall.
SEC. 3. NATIONAL MEDAL OF HONOR MONUMENT LOCATION.
Section 1 of Public Law 117-80 (40 U.S.C. 8903 note) is amended--
(1) in subsection (b), by striking ``The establishment''
and inserting ``Except as provided in subsection (e), the
establishment''; and
(2) by adding at the end the following:
``(e) Location.--Notwithstanding section 8908(c) of title 40,
United States Code, the commemorative work established under this
section shall be located--
``(1) within the Reserve (as defined in section 8902 of
title 40, United States Code); and
``(2) attached to, or not more than 1,000 feet from, the
Lincoln Memorial, as a respectful extension of his enduring
legacy and recognition of what ordinary people can accomplish
when working for the greater good.''.
<all>
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118HR2718 | Elder Justice Reauthorization and Modernization Act of 2023 | [
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2718 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2718
To reauthorize funding for programs to prevent, investigate, and
prosecute elder abuse, neglect, and exploitation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Neal (for himself and Ms. Bonamici) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committees on Energy and Commerce, Education and the Workforce,
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 reauthorize funding for programs to prevent, investigate, and
prosecute elder abuse, neglect, and exploitation, 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 ``Elder Justice Reauthorization and
Modernization Act of 2023''.
SEC. 2. REAUTHORIZATION OF FUNDING FOR PROGRAMS TO PREVENT AND
INVESTIGATE ELDER ABUSE, NEGLECT, AND EXPLOITATION.
(a) Nursing Home Worker Training Grants.--Section 2041 of the
Social Security Act (42 U.S.C. 1397m) is amended to read as follows:
``SEC. 2041. NURSING HOME WORKER TRAINING GRANTS.
``(a) In General.--
``(1) State entitlement.--
``(A) In general.--Each State shall be entitled to
receive from the Secretary for each fiscal year
specified in subsection (e)(1) a grant in an amount
equal to the amount allotted to the State under
subparagraph (B).
``(B) State allotments.--
``(i) In general.--Subject to clauses (ii)
and (iii), the amount allotted to a State under
this subparagraph for a fiscal year shall be--
``(I) the number of State residents
who have attained 65 years of age or
have a disability (as defined in
section 216(i)(1)), as determined by
the Secretary using the most recent
version of the American Community
Survey published by the Bureau of the
Census or a successor data set; divided
by
``(II) the total number of such
residents of all States.
``(ii) Limitation.--The amount allotted to
a State under this subparagraph for a fiscal
year shall be not less than 0.25 percent of the
available amount for the fiscal year.
``(iii) Adjustment of state allotments.--
Subject to clause (ii), the Secretary shall
proportionately increase or decrease the
amounts allotted under this subparagraph for a
fiscal year as necessary to ensure that the
available amount for the fiscal year is
allotted among the States.
``(iv) Redeterminations.--
``(I) Frequency.--The Secretary
shall make the determination referred
to in clause (i)(I) every 5 years.
``(II) Limitation.--Subject to
clause (ii), the amount allotted to a
State under this subparagraph, on the
basis of such a determination, for a
fiscal year after fiscal year 2028
shall be--
``(aa) not less than 90
percent of the amount of the
grant made to the State under
this subparagraph for the then
preceding fiscal year; and
``(bb) not more than 110
percent of the amount referred
to in item (aa).
``(2) Grants to indian tribes and tribal organizations.--
``(A) In general.--The Secretary, in consultation
with the Secretary of the Interior, shall make grants
in accordance with this section to Indian tribes and
tribal organizations who operate at least 1 eligible
setting.
``(B) Grant formula.--The Secretary, in
consultation with the Secretary of the Interior, shall
devise a formula for distributing among Indian tribes
and tribal organizations the amount required to be
reserved by subsection (e)(1) for each fiscal year.
``(3) Sub-grants.--A State, Indian tribe, or tribal
organization to which an amount is paid under this section may
use the amount to make sub-grants to local organizations,
including community organizations, local non-profits, elder
rights and justice groups, and workforce development boards for
any purpose described in paragraph (1) or (2) of subsection
(b).
``(b) Use of Funds.--
``(1) Required uses.--A State to which an amount is paid
under this section shall use the amount to--
``(A) provide wage subsidies to eligible
individuals;
``(B) provide tuition assistance to, and directly
pay the cost of applicable licensing exam fees for,
eligible individuals for a degree or certification in a
field relevant to their position referred to in
subsection (f)(1)(A);
``(C) provide, subsidize, or facilitate access to
child care for eligible individuals, including help
with referrals, co-pays, or other direct assistance as
needed; and
``(D) provide assistance where necessary with
obtaining appropriate transportation, including public
transportation if available, or gas money or transit
vouchers for ride share, taxis, and similar types of
transportation if public transportation is unavailable
or impractical based on work hours or location.
``(2) Authorized uses.--A State to which an amount is paid
under this section may use the amount to--
``(A) establish a reserve fund for financial
assistance to eligible individuals in emergency
situations;
``(B) provide in-kind resource donations, such as
interview clothing and conference attendance fees;
``(C) provide assistance with programs and
activities, including legal assistance, deemed
necessary to address arrest or conviction records that
are an employment barrier;
``(D) support employers operating an eligible
setting in the State in providing employees with not
less than 2 weeks of paid leave per year; or
``(E) provide other support services the Secretary
deems necessary to allow for successful recruitment and
retention of workers.
``(3) Provision of funds only for the benefit of eligible
individuals in eligible settings.--A State to which an amount
is paid under this section may provide the amount to only an
eligible individual or a partner organization serving an
eligible individual.
``(4) Nonsupplantation.--A State to which an amount is paid
under this section shall not use the amount to supplant the
expenditure of any State funds for recruiting, supporting, or
retaining employees in an eligible setting.
``(5) Obligation deadline.--A State, Indian tribe, or
tribal organization shall remit to the Secretary for
reallotment under this section any amount paid under this
section for a fiscal year that is not obligated within 2 years
after the end of the fiscal year.
``(c) Administration.--A State to which a grant is made under this
section shall reserve not more than 10 percent of the grant to--
``(1) administer subgrants in accordance with this section;
``(2) provide technical assistance and support for applying
for and accessing such a subgrant opportunity;
``(3) publicize the availability of the subgrants;
``(4) carry out activities to increase the supply of
eligible individuals; and
``(5) provide technical assistance to help subgrantees find
and train individuals to provide the services for which they
are contracted.
``(d) Reports.--
``(1) State reports.--Not less frequently than annually,
each State to which a grant has been made under this section
shall transmit to the Secretary a written report describing the
activities undertaken by the State pursuant to this section
during the period covered by the report, which shall include a
specification of--
``(A) the total amount expended in the State for
each type of use described in paragraph (1) or (2) of
subsection (b);
``(B) the total number of non-State organizations
in the State to which grant funds were provided, and
the amount so provided to each such organization;
``(C) the change in the number of individuals
working in each job category described in subsection
(f)(1)(A) in an eligible setting in the State due to
programs or services funded with grants under this
section;
``(D) the average duration of employment for each
such job category for individuals receiving, or who
previously received, services or supports from a grant
under this section;
``(E) wages of workers in each job category
described in subsection (f)(1)(A) in an eligible
setting in the State with support from grants under
this section, as compared to all other workers in the
same eligible setting in the State;
``(F) the average amount of paid time off to which
a worker in each job category described in subsection
(f)(1)(A) in an eligible setting in the State is
entitled by their contract among workers with support
from a grant under this section, as compared to all
workers in eligible settings in the State; and
``(G) such other data elements as the Secretary
deems relevant.
``(2) Report to the congress.--Not later than 3 years after
the date of the enactment of this section, and every 4 years
thereafter, the Secretary shall submit to the Congress a
written report outlining how the States have used the grants
made under this section during the period covered by the
report, which shall include--
``(A) the total amount expended in each State for
each type of use described in paragraph (1) or (2) of
subsection (b);
``(B) the total number of non-State organizations
in each State to which grant funds were provided, and
the amount so provided to each such organization;
``(C) an analysis of the data provided in the State
reports; and
``(D) such other data elements as the Secretary
deems relevant.
``(e) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Secretary
$400,000,000 for each of fiscal years 2024 through 2027 to carry out
this section, of which 2 percent shall be reserved for grants to Indian
tribes and tribal organizations.
``(f) Definitions.--In this section:
``(1) Available amount.--The term `available amount' means,
with respect to a fiscal year, the amount specified in
subsection (e) that remains after the reservation required by
such subsection for the fiscal year, plus all amounts remitted
to the Secretary under subsection (b)(5) that have not been
reallotted under subsection (a)(1)(B)(iii).
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A)(i) is a qualified home health aide, as
defined in section 484.80(a) of title 42, Code of
Federal Regulations;
``(ii) is a nurse aide approved by the State as
meeting the requirements of sections 483.150 through
483.154 of such title, and is listed in good standing
on the State nurse aide registry;
``(iii) is a personal care aide approved by the
State, and furnishes personal care services, as defined
in section 440.167 of such title;
``(iv) is a qualified hospice aide, as defined in
section 418.76 of such title;
``(v) is a licensed practical nurse or a licensed
or certified social worker; or
``(vi) is receiving training to be certified or
licensed as such an aide, nurse, or social worker; and
``(B) provides (or, in the case of a trainee,
intends to provide) services as such an aide, nurse, or
social worker in an eligible setting.
``(3) Eligible setting.--The term `eligible setting'
means--
``(A) a skilled nursing facility, as defined in
section 1819;
``(B) a nursing facility, as defined in section
1919;
``(C) a home health agency, as defined in section
1891;
``(D) a facility approved to deliver home or
community-based services authorized under State options
described in subsection (c) or (i) of section 1915 or,
as relevant, demonstration projects authorized under
section 1115;
``(E) a hospice, as defined in section 1814; or
``(F) a tribal assisted living facility.
``(4) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act.''.
(b) Adult Protective Services Functions and Grant Programs.--
(1) Direct funding; state entitlement.--Section 2042 of the
Social Security Act (42 U.S.C. 1397m-1) is amended--
(A) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$8,000,000 for each of fiscal years 2024 through 2027 to carry
out this section.'';
(B) in subsection (b)--
(i) in paragraph (2), by striking ``the
availability of appropriations and''; and
(ii) by striking paragraph (5) and
inserting the following:
``(5) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$400,000,000 for each of fiscal years 2024 through 2027 to
carry out this section.''; and
(C) in subsection (c), by striking paragraph (6)
and inserting the following:
``(6) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$75,000,000 for each of fiscal years 2024 through 2027 to carry
out this section.''.
(2) State entitlement; grants to indian tribes and tribal
organizations.--Section 2042 of such Act (42 U.S.C. 1397m-1) is
amended--
(A) in subsection (a)(1)(A), by striking ``State
and local'' and inserting ``State, local, and tribal'';
(B) in subsection (b)(1), by striking ``the
Secretary shall annually award grants to States in the
amounts calculated under paragraph (2)'' and inserting
``each State shall be entitled to annually receive from
the Secretary in the amounts calculated under paragraph
(2), and the Secretary may annually award to each
Indian tribe and tribal organization in accordance with
paragraph (3), grants'';
(C) in subsection (b)(2)--
(i) in the paragraph heading, by inserting
``for a state'' after ``payment'';
(ii) by inserting ``that remains after the
reservation under paragraph (3)(B)'' before
``multiplied''; and
(iii) in subparagraph (B)(i)--
(I) by inserting ``that so
remains'' after ``such year''; and
(II) by inserting ``amount so
appropriated'' and inserting
``remaining amount''; and
(D) in subsection (b), by redesignating paragraphs
(3) through (5) as paragraphs (4) through (6),
respectively, and inserting after paragraph (2) the
following:
``(3) Amount of payment to indian tribe or tribal
organization.--
``(A) In general.--The Secretary, in consultation
with Indian tribes and tribal organizations, shall
determine the amount of any grant to be made to each
Indian tribe and tribal organization from the amount
reserved under subparagraph (B) of this paragraph.
Paragraphs (4) and (5) shall apply to grantees under
this paragraph in the same manner in which the
paragraphs apply to States.
``(B) Reservation of funds.--The Secretary shall
reserve 2 percent of the amount made available by
subsection (b)(6) for each fiscal year for grants under
this paragraph.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``to States'' and
inserting ``to States, Indian tribes, and tribal
organizations'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``and Indian tribes and
tribal organizations'' after ``government'';
and
(ii) in subparagraph (D), by inserting ``or
Indian tribe or tribal organization, as the
case may be'' after ``government'';
(C) in paragraph (4), by inserting ``or Indian
tribe or tribal organization'' after ``a State'' the
first place it appears; and
(D) in paragraph (5)--
(i) by inserting ``or Indian tribe or
tribal organization'' after ``Each State''; and
(ii) by inserting ``or Indian tribe or
tribal organization, as the case may be'' after
``the State''; and
(4) by adding at the end the following:
``(d) Definitions of Indian Tribe and Tribal Organization.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given the terms in section 419.''.
(c) Long-Term Care Ombudsman Program Grants and Training.--Section
2043 of the Social Security Act (42 U.S.C. 1397m-2) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
to carry out this subsection--
``(A) $22,500,000 for fiscal year 2024; and
``(B) $30,000,000 for each of fiscal years 2025 and
2026.''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$30,000,000 for each of fiscal years 2024 through 2027 to carry
out this subsection.''.
(d) Incentives for Developing and Sustaining Structural Competency
in Providing Health and Human Services.--
(1) In general.--Part II of subtitle B of title XX of the
Social Security Act (42 U.S.C. 397m-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 to States To Support Linkages to Legal Services and
Medical-Legal Partnerships.--
``(1) In general.--Within 2 years after the date of the
enactment of this section, the Secretary shall establish and
administer a program of grants to States to support the
development or adoption of approaches to maintain or improve
linkages between health services, human services, and legal
services for older adults and adults with disabilities,
including through the following:
``(A) Medical-legal partnerships.--The
establishment and support of medical-legal
partnerships, the incorporation of the partnerships in
the elder justice framework and health and human
services safety net, and the implementation and
operation of such a partnership by an eligible
grantee--
``(i) at the option of a State, in
conjunction with an area agency on aging;
``(ii) in a solo provider practice in a
health professional shortage area (as defined
in section 332(a) of the Public Health Service
Act), a medically underserved community (as
defined in section 399V of such Act), or a
rural area (as defined in section 330J of such
Act);
``(iii) in a minority-serving institution
of higher learning with health, law, and social
services professional programs;
``(iv) in a federally qualified health
center, as described in section 330 of the
Public Health Service Act, or look-alike, as
described in section 1905(l)(2)(B) of this Act;
or
``(v) in certain hospitals that are
critical access hospitals, Medicare-dependent
hospitals, sole community hospitals, rural
emergency hospitals, or that serve a high
proportion of Medicare or Medicaid patients.
``(B) Legal hotlines development or expansion.--The
provision of incentives to develop, enhance, and
integrate platforms, such as legal assistance hotlines,
that help to facilitate the identification of older
adults and adults with disabilities who could benefit
from linkages to available legal services such as those
described in subparagraph (A).
``(2) State reports.--Each State to which a grant is made
under this subsection shall submit to the Secretary biannual
reports on the activities carried out by the State pursuant to
this subsection, which shall include assessments of the
effectiveness of the activities with respect to--
``(A) the number of unique individuals identified
through the mechanism outlined in paragraph (1)(B) who
are referred to services described in paragraph (1)(A),
and the average time period associated with resolving
issues;
``(B) the success rate for referrals to community-
based resources; and
``(C) other factors determined relevant by the
Secretary.
``(3) Report to the congress.--Every 4 years, the Secretary
shall submit to the Congress a written report on the activities
conducted under this subsection.
``(4) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there are appropriated to the Secretary
$125,000,000 for each of fiscal years 2024 through 2027 to
carry out this subsection.
``(5) Supplement not supplant.--Support provided to area
agencies on aging, State units on aging, eligible entities, or
other community-based organizations pursuant to this subsection
shall be used to supplement and not supplant any other Federal,
State, or local funds expended to provide the same or
comparable services described in this subsection.
``(b) Grants and Training To Support Area Agencies on Aging or
Other Community-Based Organizations To Address Social Isolation Among
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.--
``(A) In general.--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.
``(B) Prioritization authority.--For purposes of
connecting at-risk individuals with existing community
social and clinical supports, the Secretary may, in
carrying out subparagraph (A), prioritize models that
incorporate training and service delivery in
coordination with medical-legal partnerships.
``(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 adults 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.
``(c) 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.''.
(2) Clarification that medical-legal partnerships are
authorized adult protective services activities.--Section 2011
of such Act (42 U.S.C. 1397j) is amended--
(A) in paragraph (2)(D), by inserting ``, including
through a medical-legal partnership'' before the
period; and
(B) by redesignating paragraphs (16) through (22)
as paragraphs (17) through (23), respectively, and
inserting after paragraph (15) the following:
``(16) Medical-legal partnership.--The term `medical-legal
partnership' means an arrangement in a health care or human
services setting which integrates lawyers and social workers to
address the needs of an individual patient related to social
determinants of health, and to help clinicians, case managers,
and social workers address structural problems at the root of
many health inequities, including a multidisciplinary team
integrated into such a setting to address the needs and
establish and maintain structural competence within clinicians,
case managers, and social workers to best address structural
problems at the root of many health inequities.''.
(e) Technical Amendment.--Section 2011(12)(A) of the Social
Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking ``450b''
and inserting ``5304''.
SEC. 3. ASSESSMENT REPORTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and not less frequently than once every 2 years
thereafter, the Secretary of Health and Human Services shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance and the Special Committee
on Aging of the Senate on the programs, coordinating bodies,
registries, and activities established or authorized under subtitle B
of title XX of the Social Security Act (42 U.S.C. 1397l et seq.) or
section 6703(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 1395i-3a(b)). Each such report shall assess the extent to which
such programs, coordinating bodies, registries, and activities have
improved access to, and the quality of, resources available to older
adults, adults with disabilities, and their caregivers to ultimately
prevent, detect, and treat abuse, neglect, and exploitation, and shall
include, as appropriate, recommendations to Congress on funding levels
and policy changes to help these programs, coordinating bodies,
registries, and activities better prevent, detect, and treat abuse,
neglect, and exploitation of older adults and adults with disabilities.
(b) Appropriation.--Out of any money in the Treasury not otherwise
appropriated, there are appropriated to the Secretary of Health and
Human Services $5,000,000 for each of fiscal years 2024 through 2027 to
carry out this section.
<all>
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118HR2719 | Conservation and Innovative Climate Partnership Act of 2023 | [
[
"N000189",
"Rep. Newhouse, Dan [R-WA-4]",
"sponsor"
],
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"Rep. Pingree, Chellie [D-ME-1]",
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2719 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2719
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a competitive grant program under which the Secretary of
Agriculture provides grants to land-grant colleges and universities to
support agricultural producers in adopting conservation and innovative
climate practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Newhouse (for himself and Ms. Pingree) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a competitive grant program under which the Secretary of
Agriculture provides grants to land-grant colleges and universities to
support agricultural producers in adopting conservation and innovative
climate practices, 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 ``Conservation and Innovative Climate
Partnership Act of 2023''.
SEC. 2. FINDINGS.
Congress finds that--
(1) farmers and producers engage in innovative climate and
conservation practices that may include a wide variety of
activities, such as--
(A) carbon retention or carbon sequestration
cropping practices;
(B) resource conserving crop rotation;
(C) alley cropping;
(D) integrated livestock-crop systems;
(E) advanced grazing management;
(F) improved forestry or agroforestry management;
and
(G) the insertion of buffers or saturated buffers;
(2) the purpose of implementing innovative climate and
conservation practices on farm or ranch land is to increase
sustainability through--
(A) improved soil health and tilth;
(B) improved water quality, quantity, and
management;
(C) improved nutrient management;
(D) reduction in tillage; or
(E) wildlife promotion and management; and
(3) the benefits of engaging in innovative climate and
conservation practices include--
(A) a reduction of greenhouse gases emissions,
including carbon dioxide, methane, sulfur dioxide, and
nitrous oxide;
(B) carbon sequestration;
(C) soil health improvement; and
(D) reduced exposure to climate-related risk.
SEC. 3. CONSERVATION AND INNOVATIVE CLIMATE PARTNERSHIP COMPETITIVE
GRANT PROGRAM.
(a) In General.--Subtitle H of title XVI of the Food, Agriculture,
Conservation, and Trade Act of 1990 is amended by inserting after
section 1672 (7 U.S.C. 5925) the following:
``SEC. 1672A. CONSERVATION AND INNOVATIVE CLIMATE PARTNERSHIP
COMPETITIVE GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) 1862 institution; 1890 institution.--The terms `1862
Institution' and `1890 Institution' have the meanings given
those terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
``(2) 1994 institution.--The term `1994 Institution' has
the meaning given the term in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382).
``(3) Eligible institution.--The term `eligible
institution' means--
``(A) an 1862 Institution;
``(B) an 1890 Institution; and
``(C) a 1994 Institution.
``(4) Practice.--The term `practice' has the meaning given
the term in section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1).
``(5) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Establishment.--The Secretary shall establish a program to
provide competitive grants pursuant to section 3(d) of the Smith-Lever
Act (7 U.S.C. 343(d)) to eligible institutions to carry out projects to
increase the voluntary adoption of practices through public awareness
campaigns, workshops, and specialized technical assistance.
``(c) Applications.--To be eligible to receive a grant under the
program, an eligible institution shall submit to the Secretary an
application, including a demonstration that the applicant will--
``(1) increase interaction with local agricultural
producers by a rate of not less than 25 percent above the
outreach rate before the implementation of the project under
the program, as determined by the Secretary;
``(2) assist agricultural producers in implementing new
practices on farms or edges of fields, improving existing
practices on farms or edges of fields, or any combination
thereof; and
``(3) assist agricultural producers in implementing a
combination of practices that contribute to--
``(A) the overall improvement of conservation; or
``(B) a decrease in, or sequestration of,
greenhouse gas emissions.
``(d) Partnerships.--An eligible institution shall carry out a
project using a grant under the program in partnership with not fewer
than 1 other entity, which may include--
``(1) a nonprofit organization;
``(2) a State entity;
``(3) the Natural Resources Conservation Service;
``(4) an 1862 Institution;
``(5) an 1890 Institution;
``(6) a 1994 Institution; or
``(7) any combination thereof.
``(e) Maximum Amount.--The amount of a grant under the program
shall be not more than $400,000.
``(f) Use of Funds.--An eligible institution may use a grant under
the program--
``(1) to support agricultural producers in implementing a
practice;
``(2) subject to subsection (g), for additional staffing at
the eligible institution to assist in carrying out a project
using the grant;
``(3) to conduct workshops for agricultural producers, and
develop and distribute digital and hard-copy materials directly
to agricultural producers, that provide clear directions for
accessing technical assistance for adopting practices; and
``(4) for soil testing and the measuring of other
indicators of the effectiveness of practices.
``(g) Limitation on Administrative Expenses.--An eligible
institution may use not more than 30 percent of the amount of a grant
under the program for administrative expenses.
``(h) Duration.--A grant provided under the program shall be for
such period as the Secretary determines to be appropriate, but not less
than 4 years.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to provide grants under the program pursuant to section
3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) $13,000,000 for each
fiscal year.''.
(b) Eligibility of 1994 Institutions.--Section 3(d) of the Smith-
Lever Act (7 U.S.C. 343(d)) is amended, in the third sentence--
(1) by striking ``program and'' and inserting ``program,'';
and
(2) by inserting ``, and the conservation and innovative
climate partnership competitive grant program established under
section 1672A of the Food, Agriculture, Conservation, and Trade
Act of 1990'' before the period at the end.
<all>
</pre></body></html>
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118HR272 | ASTRO Act | [
[
"B001291",
"Rep. Babin, Brian [R-TX-36]",
"sponsor"
]
] | <p><strong>Astronaut Safe Temporary Ride Options Act or the ASTRO Act</strong></p> <p>This bill authorizes the expenditure of federal funds for transportation of government astronauts returning from space for the performance of medical research, monitoring, diagnosis, or treatment or other official duties prior to receiving post-flight medical clearance to operate a motor vehicle.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 272 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 272
To amend title 31, United States Code, to authorize transportation for
Government astronauts returning from space between their residence and
various locations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Babin introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committee on 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 amend title 31, United States Code, to authorize transportation for
Government astronauts returning from space between their residence and
various locations, 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 ``Astronaut Safe Temporary Ride
Options Act'' or the ``ASTRO Act''.
SEC. 2. TRANSPORTATION OF ASTRONAUTS RETURNING FROM SPACE.
(a) In General.--Section 1344(a)(2) of title 31, United States
Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' after the
comma at the end; and
(3) by inserting before the matter following subparagraph
(B) the following:
``(C) necessary for post-flight transportation of
Government astronauts, and others subject to reimbursable
arrangements, returning from space for the performance of
medical research, monitoring, diagnosis, or treatment, or other
official duties, prior to receiving post-flight medical
clearance to operate a motor vehicle,''.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act and annually thereafter, the
Administrator of the National Aeronautics and Space
Administration shall submit an annual report to Congress on the
use of the authority providing transportation under
subparagraph (C) of section 1344(a)(2) of title 31, United
States Code (as added by subsection (a) of this Act).
(2) Contents.--Any such report shall include the name of
any individual who received such transportation, the number of
instances such transportation was provided, and the total cost
of such transportation for the year preceding the date such
report is submitted.
<all>
</pre></body></html>
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118HR2720 | Strengthening Organic Agricultural Research (SOAR) Act of 2023 | [
[
"N000189",
"Rep. Newhouse, Dan [R-WA-4]",
"sponsor"
],
[
"P000597",
"Rep. Pingree, Chellie [D-ME-1]",
"cosponsor"
],
[
"P000613",
"Rep. Panetta, Jimmy [D-CA-19]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2720 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2720
To direct the agricultural research service to expand organic research,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Newhouse (for himself, Ms. Pingree, and Mr. Panetta) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the agricultural research service to expand organic research,
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 ``Strengthening Organic Agricultural
Research (SOAR) Act of 2023''.
SEC. 2. ORGANIC RESEARCH AND EXTENSION INITIATIVE.
Section 1672B(f) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925b(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking ``and each
fiscal year thereafter.'' and inserting a semicolon;
and
(C) by adding at the end the following:
``(H) $60,000,000 for fiscal year 2024;
``(I) $70,000,000 for fiscal year 2025;
``(J) $80,000,000 for fiscal year 2026;
``(K) $90,000,000 for fiscal year 2027; and
``(L) $100,000,000 for fiscal year 2028 and each
fiscal year thereafter.''; and
(2) in paragraph (2), by striking ``2023'' and inserting
``2028''.
SEC. 3. RESEARCHING THE TRANSITION TO ORGANIC.
Title XVI of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5801 et seq.) is amended by inserting before section
1667, as added by section 3, the following:
``SEC. 1666. RESEARCHING THE TRANSITION TO ORGANIC PROGRAM.
``(a) Competitive Specialized Research and Extension Grants
Authorized.--The Secretary may make competitive grants to support
research, education, and extension activities regarding the transition
of nonorganic production systems into organic production for the
purposes of--
``(1) overcoming social, economic, and management barriers
to organic transition;
``(2) documenting and understanding the effects of organic
practices on ecosystem services, including soil health and
fertility, greenhouse gas mitigation and sequestration, water
management, biodiversity-related services, and pest management;
and
``(3) developing improved technologies, methods, models,
and metrics to document, describe, and optimize ecosystem
services of transitioning agricultural production into organic
management.
``(b) Grant Types and Process.--Paragraphs (4), (7), (8), and
(11)(B) of subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157) shall apply with respect to the
making of grants under this section.
``(c) Partnerships Encouraged.--Following the completion of a peer
review process for applications for a grant received under this
section, the Secretary may provide a priority to any such proposal for
such a grant that--
``(1) is found in the peer review process to be
scientifically meritorious;
``(2) includes as active partners organic producers that
are conducting on-farm research and demostrations (and the
organizations that represent such producers); and
``(3) actively involves--
``(A) 1890 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1994 Institutions (as defined in such section
2); and
``(C) Hispanic-serving institutions (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for each of fiscal years 2024 through
2026; and
``(2) $20,000,000 for each of fiscal years 2027 through
2028.''.
SEC. 4. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 5925c) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) $10,000,000 for the period of fiscal years
2024 to 2028.''; and
(B) in paragraph (2), by striking ``2023'' and
inserting ``2028''; and
(2) by adding at the end the following:
``(e) Economic Impact Analysis of Organic Farming and
Certification.--
``(1) In general.--The Secretary of Agriculture, acting
through the Administrator of the Economic Research Service
(referred to in this subsection as the `Secretary'), shall--
``(A) not later than 1 year after the date of the
enactment of this subsection, prepare, and submit, a
plan to conduct an economic impact analysis of organic
agriculture, as defined in section 2103 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6502) to the
Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Agriculture of the
House of Representatives; and
``(B) not later than 3 years after the date on
which the plan is submitted under paragraph (1), submit
such economic impact analysis to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and
the Committee on Agriculture of the House of
Representatives.
``(2) Contents.--The analysis under paragraph (1) shall
include an analysis of--
``(A) farming and ranching operations of a variety
of sizes, with regional differences, and that have a
diversity of production practices and methods; and
``(B) the direct and indirect economic impacts of
organic agriculture on rural and urban communities,
including--
``(i) the vitality of the local economy;
``(ii) the labor market;
``(iii) environmental quality;
``(iv) social dynamics;
``(v) land ownership; and
``(vi) any other information, data, or
analysis the Secretary considers necessary to
make the economic impact analysis
comprehensive, accurate, and useful.''.
<all>
</pre></body></html>
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118HR2721 | Ukraine Lend-Lease Accountability Act | [
[
"O000175",
"Rep. Ogles, Andrew [R-TN-5]",
"sponsor"
],
[
"W000814",
"Rep. Weber, Randy K., Sr. [R-TX-14]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2721 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2721
To amend the Ukraine Democracy Defense Lend-Lease Act of 2022 to remove
certain exclusions provided for under that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Ogles (for himself and Mr. Weber of Texas) introduced the following
bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Ukraine Democracy Defense Lend-Lease Act of 2022 to remove
certain exclusions provided for under that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ukraine Lend-Lease Accountability
Act''.
SEC. 2. AMENDMENTS TO UKRAINE DEMOCRACY DEFENSE LEND-LEASE ACT OF 2022.
Section 2(a) of the Ukraine Democracy Defense Lend-Lease Act of
2022 (Public Law 117-118) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
<all>
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118HR2722 | Providing Child Care for Police Officers Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2722
To establish a grant pilot program to provide child care services for
the minor children of law enforcement officers to accommodate the shift
work and abnormal work hours of such officers, and to enhance
recruitment and retention of such officers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Peters (for himself, Mr. Valadao, Mr. Harder of California, and Mr.
Issa) introduced the following bill; which was referred to the
Committee on the Judiciary, 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 establish a grant pilot program to provide child care services for
the minor children of law enforcement officers to accommodate the shift
work and abnormal work hours of such officers, and to enhance
recruitment and retention of such 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 ``Providing Child Care for Police
Officers Act of 2023''.
SEC. 2. CHILD CARE GRANT PROGRAM TO SUPPORT LAW ENFORCEMENT.
(a) Establishment.--The Secretary of Health and Human Services
shall establish a program to award grants to States, on a competitive
basis, to assist States in providing funds to encourage the
establishment and operation of child care programs to obtain child care
services for the minor children of law enforcement officers during the
shift work and abnormal work hours of such officers.
(b) Application.--To be eligible to receive a grant under this
section, a State shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including an assurance that
the funds required under subsection (e) will be provided.
(c) Period of Grant.--The Secretary shall make the grant for a
period of 3 years.
(d) Set-Aside.--Of the amount appropriated to carry out this Act
for a fiscal year, not less than 20 percent shall be used to make
grants to eligible units of State and local government that employ
fewer than 200 full-time law enforcement officers.
(e) Use of Funds.--
(1) In general.--A State shall use amounts provided under a
grant awarded under this section to provide assistance to law
enforcement agencies (or consortia formed in accordance with
paragraph (3)) located in the State to enable the small
businesses (or consortia) to establish and operate child care
programs. Such assistance may include--
(A) technical assistance in the establishment of a
child care program;
(B) assistance for the startup costs related to a
child care program;
(C) assistance for the training of child care
providers;
(D) scholarships for families;
(E) the provision of services to care for sick
children or to provide care to school-aged children;
(F) the entering into of contracts with local
resource and referral organizations or local health
departments;
(G) assistance for care for children with
disabilities;
(H) assistance to maintain nonstandard hours for
expanded hours of child care;
(I) payment of expenses for construction,
renovation or operation of a child care facility,
notwithstanding section 658F(b) of the CCDBG Act; or
(J) assistance for any other relevant activity
determined appropriate by the State.
(2) Application.--In order for a law enforcement agency or
consortium to be eligible to receive assistance from a State
under this section, the law enforcement agency or unit of local
government involved shall prepare and submit to the State an
application at such time, in such manner, and containing such
information as the State may require.
(4) Limitations.--With respect to grant funds received
under this section, a State may not provide in excess of
$3,000,000 in assistance from such funds to any single
applicant.
(f) Matching Requirement.--To be eligible to receive a grant under
this section, a State shall provide assurances to the Secretary that,
with respect to the costs to be incurred by a covered entity receiving
assistance in carrying out activities under this section, the covered
entity will make available (directly or through donations from public
or private entities) non-Federal contributions to such costs in an
amount equal to--
(1) for the first fiscal year in which the covered entity
receives such assistance, not less than 10 percent of such
costs;
(2) for the second fiscal year in which the covered entity
receives such assistance, not less than 25 percent of such
costs; and
(3) for the third fiscal year in which the covered entity
receives such assistance, not less than 33\2/3\ percent of such
costs.
(g) Requirements of Providers.--To be eligible to receive
assistance under a grant awarded under this section, a child care
provider--
(1) who receives assistance from a State shall comply with
all applicable State and local licensing and regulatory
requirements and all applicable health and safety standards in
effect in the State; and
(2) who receives assistance from an Indian tribe or tribal
organization shall comply with all applicable regulatory
standards.
(h) Administration.--
(1) State responsibility.--A State shall have
responsibility for administering a grant awarded for the State
under this section and for monitoring covered entities that
receive assistance under such grant.
(2) Audits.--A State shall require each covered entity
receiving assistance under the grant awarded under this section
to conduct an annual audit with respect to the activities of
the covered entity. Such audits shall be submitted to the
State.
(3) Misuse of funds.--
(A) Repayment.--If the State determines, through an
audit or otherwise, that a covered entity receiving
assistance under a grant awarded under this section has
misused the assistance, the State shall notify the
Secretary of the misuse. The Secretary, upon such a
notification, may seek from such a covered entity the
repayment of an amount equal to the amount of any such
misused assistance plus interest.
(B) Appeals process.--The Secretary shall by
regulation provide for an appeals process with respect
to repayments under this paragraph.
(i) Reporting Requirements.--
(1) 2-year study.--
(A) In general.--Not later than 2 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine--
(i) the capacity of covered entities to
meet the child care needs of communities within
States;
(ii) the kinds of consortia that are being
formed with respect to child care at the local
level to carry out programs funded under this
section; and
(iii) who is using the programs funded
under this section and the income levels of
such individuals.
(B) Report.--Not later than 28 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(2) 4-year study.--
(A) In general.--Not later than 4 years after the
date on which the Secretary first awards grants under
this section, the Secretary shall conduct a study to
determine the number of child care facilities that are
funded through covered entities that received
assistance through a grant awarded under this section
and that remain in operation, and the extent to which
such facilities are meeting the child care needs of the
individuals served by such facilities.
(B) Report.--Not later than 52 months after the
date on which the Secretary first awards grants under
this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report on the
results of the study conducted in accordance with
subparagraph (A).
(j) Definitions.--In this section:
(1) Career law enforcement officer.--The term ``career law
enforcement officer'' means a person employed by a State or
local public agency on a permanent basis who is authorized by
law to engage in or supervise the prevention, detection, or
investigation of violations of criminal laws.
(2) Consortia.--The term ``consortia'' means a law
enforcement agency and may also include a unit of local
government, a child care provider, or a foundation.
(3) Covered entity.--The term ``covered entity'' means a
law enforcement agency or a consortium formed in accordance
with subsection (d)(3).
(4) Indian community.--The term ``Indian community'' means
a community served by an Indian tribe or tribal organization.
(5) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given the
terms in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(6) Law enforcement agency.--The term ``law enforcement
agency'' has the meaning given such term in section 2503 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10533).
(7) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
(k) Application to Indian Tribes and Tribal Organizations.--In this
section:
(1) In general.--Except as provided in subsection (f)(1),
and in paragraphs (2) and (3), the term ``State'' includes an
Indian tribe or tribal organization.
(2) Geographic references.--The term ``State'' includes an
Indian community in subsections (c) (the second and third place
the term appears), (d)(1) (the second place the term appears),
(d)(3)(A) (the second place the term appears), and
(i)(1)(A)(i).
(3) State-level activities.--The term ``State-level
activities'' includes activities at the tribal level.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $24,000,000 for each of the fiscal
years 2024 to 2028.
(2) Studies and administration.--With respect to the total
amount appropriated for such period in accordance with this
subsection, not more than $2,500,000 of that amount may be used
for expenditures related to conducting studies required under,
and the administration of, this section.
(m) Termination of Program.--The program established under
subsection (a) shall terminate on September 30, 2028.
<all>
</pre></body></html>
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118HR2723 | Local Farms and Food Act of 2023 | [
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"V000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2723 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2723
To modify market development programs under the Department of
Agriculture, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Pingree (for herself, Mr. Newhouse, Ms. Tokuda, and Ms. Caraveo)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To modify market development programs under the Department of
Agriculture, 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 ``Local Farms and Food Act of 2023''.
SEC. 2. LOCAL AGRICULTURE MARKET PROGRAM REFORM.
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) through (13) as
paragraphs (6) through (14), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Food hub.--The term `food hub' means a business or
organization that actively manages the aggregation,
distribution, and marketing of source-identified food products
to multiple buyers from multiple producers, who are primarily
local and regional producers, to strengthen the ability of
those producers to satisfy local and regional wholesale,
retail, and institutional demands.'';
(2) in subsection (b)(4), by inserting ``, regional food
chain coordination,'' after ``collaboration'';
(3) in subsection (c)(4), by striking ``stakeholders.'' and
inserting ``stakeholders, including eligible entities described
in subsection (d)(6)(B) that receive a grant by submitting an
application under subsection (d)(6)(D) through a competitive
cooperative agreement with a nongovernmental organization,
before and after providing grants under the Program.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``2019 through
2023'' and inserting ``2024 through 2028'';
(B) in paragraph (2)--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J)(ii), by striking
the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(K) to support the purchase of general purpose
equipment; or
``(L) to support the logistics required for the
redemption of Federal nutrition benefits at direct
producer-to-consumer markets.'';
(C) in paragraph (5)(E)--
(i) by striking ``An eligible entity'' and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), an eligible entity''; and
(ii) by adding at the end the following:
``(ii) Exception.--
``(I) In general.--An eligible
entity described in subparagraph (B)
that has an adjusted gross income of
not more than $250,000 averaged over
the previous 3 years shall contribute
an amount of non-Federal funds in the
form of cash or an in-kind contribution
that is equal to 25 percent of the
amount of Federal funds received.
``(II) Limitation.--The amount of
Federal funds received under a grant by
an eligible entity that provides a
reduced non-Federal contribution in
accordance with subclause (I) may not
exceed $200,000.
``(III) Required documentation.--
The Secretary shall consider a letter
from an accountant stating that the
adjusted gross income of an eligible
entity described in subparagraph (B) is
not more than $250,000 averaged over
the previous 3 years, based on the line
on Internal Revenue Service form 1040
that describes adjusted gross income,
sufficient to demonstrate eligibility
for a reduced non-Federal contribution
under subclause (I).''; and
(D) in paragraph (6)--
(i) in subparagraph (B)--
(I) by redesignating clauses (vii)
and (viii) as clauses (viii) and (ix),
respectively; and
(II) by inserting after clause (vi)
the following:
``(vii) a food hub;'';
(ii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by inserting ``, outreach, and
technical assistance'' after
``applications'';
(II) in clause (i)--
(aa) by inserting ``would''
before ``benefit''; and
(bb) by striking ``or'' at
the end;
(III) by redesignating clause (ii)
as clause (iii);
(IV) by inserting after clause (i)
the following:
``(ii) would provide greater geographic
balance relative to the benefits of the
Program; or''; and
(V) in clause (iii) (as so
redesignated), by striking ``are used''
and inserting ``would be used'';
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F),
respectively;
(iv) by inserting after subparagraph (C)
the following:
``(D) Simplified applications.--
``(i) In general.--The Secretary shall
establish a simplified `turnkey' application
form for eligible entities described in
subparagraph (B) that--
``(I) request less than $100,000;
and
``(II) chose from the project
categories described in clause (ii),
which shall include a specific, limited
set of key activities with predefined
requirements established by the
Secretary.
``(ii) Project categories.--
``(I) Direct-to-consumer
projects.--In the case of a direct-to-
consumer project, an application form
described in clause (i) shall be
available for the following categories
of projects:
``(aa) An outreach and
promotion project.
``(bb) A project to provide
funding for farmers market
manager staff time.
``(cc) A project to provide
vendor training.
``(dd) A planning and
design project.
``(ee) A data collection
and evaluation project.
``(II) Local and regional food
markets and enterprise projects.--In
the case of a local and regional food
market and enterprise project, an
application form described in clause
(i) shall be available for the
following categories of projects:
``(aa) A food hub
feasibility study project.
``(bb) A project to provide
funding for regional food chain
coordination staff time.
``(cc) A project to provide
technical assistance.
``(dd) A data collection
and evaluation project.
``(ee) A project to
purchase general purpose
equipment.
``(iii) General purpose equipment grants.--
In the case of a project described in clause
(ii)(II)(ee), the Secretary, acting through the
Administrator of the Agricultural Marketing
Service, in coordination with the Administrator
of the Rural Business-Cooperative Service,
shall fulfill the applicable documentation and
monitoring requirements under sections 200.313
and 200.439 of title 2, Code of Federal
Regulations (as in effect on the date of
enactment of this clause).''; and
(v) in subparagraph (E) (as so
redesignated), by striking clause (ii) and
inserting the following:
``(ii) Exception.--An eligible entity
described in subparagraph (B) may use--
``(I) not more than $100,000 of the
amount of a grant for an eligible
activity described in subparagraph (J)
or (K) of paragraph (2)--
``(aa) to purchase or
upgrade equipment to improve
food safety; or
``(bb) to purchase general
purpose equipment; and
``(II) any amount of a grant to
purchase general purpose equipment in
accordance with subparagraph
(D)(ii)(II)(ee).'';
(5) in subsection (e)(2)(A), by striking ``2019'' and all
that follows through the period at the end and inserting the
following: ``2024 through 2028 to support partnerships--
``(i) to plan a local or regional food
system;
``(ii) to implement a local or regional
food system plan;
``(iii) to develop and implement a regional
food chain coordination project; and
``(iv) to develop and implement a regional
outreach, technical assistance, and evaluation
project.'';
(6) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``subsection
(d); or'' and inserting ``subsection (d)(5);''
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) are eligible to submit an application in
accordance with subsection (d)(6)(D); or''; and
(7) in subsection (i)--
(A) in paragraph (1), by striking ``$50,000,000 for
fiscal year 2019'' and inserting ``$75,000,000 for
fiscal year 2024'';
(B) in paragraph (2), by striking ``$20,000,000 for
fiscal year 2019'' and inserting ``$30,000,000 for
fiscal year 2024''; and
(C) in paragraph (3)(B)--
(i) by striking ``Of the funds'' and
inserting the following:
``(i) In general.--Of the funds''; and
(ii) by adding at the end the following:
``(ii) Simplified applications.--Of the
funds made available for grants under
subsection (d)(6) for a fiscal year, not less
than 25 percent, and not more than 50 percent,
shall be used to provide grants to eligible
entities that submit an application in
accordance with subsection (d)(6)(D).''.
SEC. 3. FUNDING FOR THE SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 3007(a)) is amended by striking ``Of the funds'' and all
that follows through the period at the end and inserting the following:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out and expand the seniors farmers' market nutrition
program $20,600,000 for each of fiscal years 2024 through 2028.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2024 through 2028.''.
SEC. 4. FEDERAL SHARE FOR ACTIVITIES UNDER GUS SCHUMACHER NUTRITION
INCENTIVE PROGRAM.
Section 4405(b)(1)(C) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517(b)(1)(C)) is amended by striking ``50'' and
inserting ``75''.
SEC. 5. PANEL TO REVIEW PRODUCE PRESCRIPTION PROGRAM APPLICATIONS.
Section 4405(c)(3) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517(c)(3)) is amended by adding at the end the
following:
``(C) Panel to review applications.--
``(i) In general.--The Secretary shall
establish a panel--
``(I) to review applications
submitted to the Secretary pursuant to
this paragraph; and
``(II) to make recommendations to
the Secretary with respect to those
applications.
``(ii) Members.--The panel required under
clause (i) shall include--
``(I) at least 1 member with
experience as a healthcare provider;
and
``(II) at least 1 member with
experience administering health
plans.''.
<all>
</pre></body></html>
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118HR2724 | Sister City Transparency Act | [
[
"R000614",
"Rep. Roy, Chip [R-TX-21]",
"sponsor"
],
[
"C001120",
"Rep. Crenshaw, Dan [R-TX-2]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2724 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2724
To direct the Comptroller General of the United States to conduct a
study to evaluate the activities of sister city partnerships operating
within the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Roy (for himself and Mr. Crenshaw) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To direct the Comptroller General of the United States to conduct a
study to evaluate the activities of sister city partnerships operating
within the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sister City Transparency Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Education and Labor of the
House of Representatives; and
(F) the Committee on Armed Services of the House of
Representatives.
(2) Foreign community.--The term ``foreign community''
means any subnational unit of government outside of the United
States.
(3) Sister city partnership.--The term ``sister city
partnership'' means a formal agreement between a United States
community and a foreign community that--
(A) is recognized by Sister Cities International;
and
(B) is operating within the United States.
(4) United states community.--The term ``United States
community'' means a State, county, city, or other unit of local
government in the United States.
SEC. 3. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN THE UNITED
STATES INVOLVING FOREIGN COMMUNITIES IN COUNTRIES WITH
SIGNIFICANT PUBLIC SECTOR CORRUPTION.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the activities of sister city partnerships involving
foreign communities in countries receiving a score of 45 or less on
Transparency International's 2019 Corruption Perceptions Index.
(b) Elements of the Study.--The study conducted under subsection
(a) shall--
(1) identify--
(A) the criteria by which foreign communities
identify United States communities as candidates for
sister city partnerships, including themes with respect
to the prominent economic activities and demographics
of such United States communities;
(B) the activities conducted within sister city
partnerships;
(C) the economic and educational outcomes of such
activities;
(D) the types of information that sister city
partnerships make publicly available, including
information relating to contracts and activities;
(E) the means by which United States communities
safeguard freedom of expression within sister city
partnerships; and
(F) the oversight practices that United States
communities implement to mitigate the risks of foreign
espionage and economic coercion within sister city
partnerships;
(2) assess--
(A) the extent to which United States communities
ensure transparency regarding sister city partnership
contracts and activities;
(B) the extent to which sister city partnerships
involve economic arrangements that make United States
communities vulnerable to malign market practices;
(C) the extent to which sister city partnerships
involve educational arrangements that diminish the
freedom of expression;
(D) the extent to which sister city partnerships
allow foreign nationals to access local commercial,
educational, and political institutions;
(E) the extent to which foreign communities could
use sister city partnerships to realize strategic
objectives that do not conduce to the economic and
national security interests of the United States;
(F) the extent to which sister city partnerships
could enable or otherwise contribute to foreign
communities' malign activities globally, including
activities relating to human rights abuses and academic
and industrial espionage; and
(G) the extent to which United States communities
seek to mitigate foreign nationals' potentially
inappropriate use of visa programs to participate in
activities relating to sister city partnerships; and
(3) review--
(A) the range of activities conducted within sister
city partnerships, including activities relating to
cultural exchange and economic development;
(B) how such activities differ between sister city
partnerships; and
(C) best practices to ensure transparency regarding
sister city partnerships' agreements, activities, and
employees.
(c) Report.--
(1) In general.--Not later than 6 months after initiating
the study required under subsection (a), the Comptroller
General shall submit a report to the appropriate congressional
committees that contains the results of such study, including
the findings, conclusions, and recommendations (if any) of the
study.
(2) Form.--The report required under paragraph (1) may
include a classified annex, if necessary.
<all>
</pre></body></html>
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2725 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2725
To amend the Religious Freedom Restoration Act of 1993 to protect civil
rights and otherwise prevent meaningful harm to third parties, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Scott of Virginia (for himself, Mr. Cohen, Mr. Raskin, Ms. Scanlon,
Mr. DeSaulnier, Mr. Sablan, Ms. Bonamici, Mr. Gomez, Ms. Matsui, Mr.
Kilmer, Ms. Lofgren, Ms. Davids of Kansas, Ms. Ross, Mr. Johnson of
Georgia, Mr. Moulton, Mr. Higgins of New York, Mr. David Scott of
Georgia, Ms. Schakowsky, Ms. DelBene, Ms. Garcia of Texas, Ms.
Barragan, Ms. Bush, Ms. Lee of California, Ms. Williams of Georgia, Ms.
Chu, Mrs. Beatty, Ms. Adams, Mrs. Dingell, Mr. Menendez, Mr. Smith of
Washington, Ms. Titus, Mr. Casar, Mr. Morelle, Ms. Sanchez, Ms.
DeGette, Mr. Mrvan, Ms. Wilson of Florida, Ms. Wasserman Schultz, Mr.
Doggett, Ms. Porter, Mr. Panetta, Mrs. Lee of Nevada, Mr. Payne, Ms.
Brown, Ms. Stevens, Mr. Torres of New York, Mr. Tonko, Ms. Kuster, Mr.
Nadler, Mr. Quigley, Mr. Schiff, Mr. Sarbanes, Ms. Stansbury, Mrs.
Watson Coleman, Mr. Stanton, Ms. Balint, Mr. Trone, Mr. Pocan, Mrs.
Trahan, Mr. Kildee, Mrs. McBath, Ms. McCollum, Mr. Veasey, Mr.
Swalwell, Ms. Wild, Ms. Jacobs, Mr. Sherman, Mr. Schneider, Mr. Boyle
of Pennsylvania, Mr. Blumenauer, Mr. Gottheimer, Mr. McGovern, Mr.
Courtney, Mr. Jackson of North Carolina, Mr. Phillips, Ms. Pingree, Mr.
McGarvey, Ms. Tokuda, Mr. Grijalva, Mr. Crow, Mr. Robert Garcia of
California, Mrs. Hayes, and Mr. Mullin) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Religious Freedom Restoration Act of 1993 to protect civil
rights and otherwise prevent meaningful harm to third parties, 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 ``Do No Harm Act''.
SEC. 2. EXCEPTION FROM APPLICATION OF ACT WHERE FEDERAL LAW PREVENTS
HARM TO OTHERS.
Section 3 of the Religious Freedom Restoration Act of 1993 (42
U.S.C. 2000bb-1) is amended by adding at the end the following:
``(d) Additional Exception From Application of Act Where Federal
Law Prevents Harm to Others.--Subsections (a), (b), and (c) do not
apply to--
``(1) any provision of law or its implementation that
provides for or requires--
``(A) a protection against discrimination or the
promotion of equal opportunity, including the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.), the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), Executive Order 11246
(42 U.S.C. 2000e note; relating to equal employment
opportunity), and the Violence Against Women Act of
1994 (42 U.S.C. 13925 et seq.);
``(B) an employer to provide a wage, other
compensation, or a benefit, including leave, or a
standard protecting collective activity in the
workplace;
``(C) a protection against child labor, child
abuse, or child exploitation; or
``(D) access to, information about, a referral for,
provision of, or coverage for, any health care item or
service;
``(2) any term of a government contract, grant, cooperative
agreement, or other award, that provides funds directly or
indirectly, and that requires a good, service, function, or
activity to be performed for or provided to a beneficiary of or
a participant in a program or activity funded, directly or
indirectly, by a government contract, grant, cooperative
agreement, or other award; or
``(3) the extent that application would result in denying a
person the full and equal enjoyment of a good, service,
benefit, facility, privilege, advantage, or accommodation
provided by the government.''.
SEC. 3. CLARIFICATION OF PRECLUSION OF LITIGATION BETWEEN PRIVATE
PARTIES.
(a) Purpose.--The purpose of the amendment made by subsection (b)
is to clarify the applicability of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb et seq.).
(b) Preclusion.--Section 3(c) of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-1(c)) is amended, in the first sentence,
by striking ``judicial proceeding'' and all that follows through the
first period and inserting ``judicial proceeding to which a government
is a party and obtain appropriate relief against that government.''.
<all>
</pre></body></html>
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118HR2726 | Small Business Payment for Performance Act of 2023 | [
[
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"Rep. Stauber, Pete [R-MN-8]",
"sponsor"
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"Rep. Peters, Scott H. [D-CA-50]",
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2726 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2726
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due to
a change in the terms of a construction contract, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Stauber (for himself, Mr. Peters, Mr. Fitzpatrick, and Mr. Veasey)
introduced the following bill; which was referred to the Committee on
Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to provide interim partial payment to
small business contractors that request an equitable adjustment due to
a change in the terms of a construction contract, 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 ``Small Business Payment for
Performance Act of 2023''.
SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
(a) In General.--Section 15 of the Small Business Act (15 U.S.C.
644) is amended--
(1) by redesignating subsections (x) and (y) as subsections
(y) and (z), respectively; and
(2) by inserting after subsection (w) the following new
subsection:
``(x) Interim Partial Payments for Equitable Adjustments to
Construction Contracts.--
``(1) Request for an equitable adjustment.--A small
business concern that was awarded a construction contract by an
agency may submit a request for an equitable adjustment to the
contracting officer of such agency if the contracting officer
directs a change in the terms of the contract performance
without the agreement of the small business concern. Such
request shall--
``(A) be timely made pursuant to the terms of the
contract; and
``(B) specify the estimated amount required to
cover additional costs resulting from such change in
the terms.
``(2) Amount.--Upon receipt of a request for equitable
adjustment from a small business concern under paragraph (1),
the agency shall provide to such concern an interim partial
payment in an amount equal to not less than 50 percent of the
estimated amount under paragraph (1)(B).
``(3) Limitation.--Any interim partial payment made under
this section may not be deemed to be an action to definitize
the request for an equitable adjustment.
``(4) Flow-down of interim partial payment amounts.--A
small business concern that receives an equitable adjustment
under this subsection shall pay to a first tier subcontractor
of such concern the portion of each interim partial payment
received that is attributable to the increased costs of
performance incurred by such subcontractor due to the change in
the terms of the contract performance described in paragraph
(1). A first tier subcontractor that receives a portion of an
interim partial payment under this section shall pay to a
subcontractor (at any tier) the appropriate portion of such
payment.''.
(b) Implementation.--The Administrator of the Small Business
Administration shall implement the requirements of this section not
later than the earlier of the following dates:
(1) The first day of the first full fiscal year beginning
after the date of the enactment of this Act.
(2) October 1, 2025.
<all>
</pre></body></html>
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118HR2727 | EIDL Relief Act | [
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2727 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2727
To require the Administrator of the Small Business Administration to
modify the interest rate for eligible loans made to borrowers
experiencing short-term financial challenges, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Strickland (for herself, Ms. Clarke of New York, Mr. Grijalva, Mr.
Carson, and Mr. Payne) introduced the following bill; which was
referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To require the Administrator of the Small Business Administration to
modify the interest rate for eligible loans made to borrowers
experiencing short-term financial challenges, 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 ``EIDL Relief Act''.
SEC. 2. MODIFICATION TO INTEREST RATE FOR ELIGIBLE LOANS MADE TO
BORROWERS EXPERIENCING SHORT-TERM FINANCIAL CHALLENGES.
(a) In General.--Notwithstanding section 7(d)(5) of the Small
Business Act (15 U.S.C. 636(d)(5)), the Administrator shall carry out a
program under which, during the 12-month period beginning on the date
of the enactment of this Act--
(1) the interest rate on the Federal share of an eligible
loan made to an eligible borrower is zero percent; and
(2) the monthly payment for such eligible loan shall be the
greater of--
(A) an amount equal to 10 percent of the principal
for such eligible loan; or
(B) $25.
(b) Applicability.--The requirements of this section shall apply
with respect to any interest due on an eligible loan on or after the
date of the enactment of this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the Small Business Administration
such sums as may be necessary to carry out this section.
(d) Definitions.--In this Act:
(1) Covered period.--The term ``covered period'' has the
meaning given in section 1110(a) of the CARES Act (15 U.S.C.
9009(a)).
(2) Eligible borrower.--The term ``eligible borrower''
means a recipient of an eligible loan, if the Administrator has
determined--
(A) that such recipient is experiencing short-term
financial challenges; and
(B) participation in the program described in
subsection (a) is necessary for such recipient to avoid
severe financial hardship.
(3) Eligible loan.--The term ``eligible loan'' means a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)) in response to COVID-19 during the covered period.
<all>
</pre></body></html>
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118HR2728 | Young Farmer Success Act | [
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... | <p><strong>Young Farmer Success Act</strong></p> <p>This bill makes certain farmers or ranchers eligible for student loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.</p> <p>Under the PSLF program, the Department of Education must cancel the balance of interest and principal due on a borrower's Federal Direct Loans after the borrower makes 120 monthly loan payments while employed in a public service job. This bill broadens the definition of <em>public service job</em> to include a full-time job engaged in farm work as an employee or manager of a qualified farm or ranch.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2728
To amend the Higher Education Act of 1965 to include certain
individuals who work on farms or ranches as individuals who are
employed in public service jobs for purposes of eligibility for loan
forgiveness under the Federal Direct Loan program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Thompson of Pennsylvania (for himself, Mr. Courtney, Ms. De La
Cruz, and Ms. Budzinski) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to include certain
individuals who work on farms or ranches as individuals who are
employed in public service jobs for purposes of eligibility for loan
forgiveness under the Federal Direct Loan 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 ``Young Farmer Success Act''.
SEC. 2. ELIGIBILITY OF CERTAIN FARM AND RANCH WORKERS FOR STUDENT LOAN
FORGIVENESS.
(a) Eligibility.--Section 455(m)(3)(B) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(m)(3)(B)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) a full-time job engaged in farm
work as an employee or manager of a qualified
farm or ranch.''.
(b) Definition.--Section 455(m)(3) of such Act (20 U.S.C.
1087e(m)(3)) is amended by adding at the end the following:
``(C) Qualified farm or ranch.--The term `qualified
farm or ranch' means, with respect to a year, a farm or
ranch whose earnings of gross revenue during the year
from the sale of agricultural products are equal to or
greater than--
``(i) in the case of 2023, $35,000; or
``(ii) in the case of any succeeding year,
the amount applicable under this subparagraph
for the previous year increased by the
estimated percentage change in the Consumer
Price Index (as determined by the Secretary,
using the definition in section 478(f)) for the
most recent year preceding such year.''.
<all>
</pre></body></html>
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118HR2729 | Commission on Americans Living Abroad Act of 2023 | [
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"S0001... | <p><strong>Commission on Americans Living Abroad Act of 2023</strong></p> <p>This bill establishes the Commission on Americans Living Abroad, which must report on how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces. </p> <p> Each federal agency affected by a recommendation in the report shall submit a response to the President, Congress, and the commission. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2729 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2729
To establish a commission to study how Federal laws and policies affect
United States citizens living in foreign countries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Titus (for herself, Mr. Beyer, Mr. Evans, Mrs. Beatty, and Ms.
Salazar) introduced the following bill; which was referred to the
Committee on Oversight and Accountability, and in addition to the
Committees on Financial Services, Ways and Means, the Judiciary, House
Administration, 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 commission to study how Federal laws and policies affect
United States citizens living in foreign countries.
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 ``Commission on Americans Living
Abroad Act of 2023''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Americans Living Abroad'' (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed by the President, of whom--
(1) two members shall be appointed from among individuals
recommended by the Speaker of the House of Representatives;
(2) two members shall be appointed from among individuals
recommended by the minority leader of the House of
Representatives;
(3) two members shall be appointed from among individuals
recommended by the majority leader of the Senate; and
(4) two members shall be appointed from among individuals
recommended by the minority leader of the Senate.
(b) Qualifications.--
(1) Limit on officers or employees of the united states.--
Not more than 6 members shall be officers or employees of the
United States.
(2) Political party affiliation.--Not more than 6 members
of the Commission may be of the same political party.
(3) Expertise.--
(A) Officers or employees of the united states.--
Members of the Commission who are officers or employees
of the United States shall be appointed from among
individuals whose employment is directly related to the
matters to be studied by the Commission under section
4(a)(2).
(B) Other members.--Members of the Commission who
are not officers or employees of the United States
shall be appointed from among individuals who--
(i) have lived in a foreign country for not
less than one year;
(ii) are members of organizations that
represent United States citizens living in
foreign countries; or
(iii) have other experience that is
relevant to the matters to be studied by the
Commission under section 4(a)(2).
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was made.
Any vacancy in the Commission shall not affect its powers.
(d) First Meeting.--Not later than 60 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--The Commission shall conduct a study on
how Federal laws and policies affect United States citizens
living in foreign countries, including civilians and members of
the Armed Forces.
(2) Matters studied.--The matters studied shall include the
following:
(A) Federal financial reporting requirements for a
United States citizen living in a foreign country,
including the requirements under section 5314 of title
31, United States Code.
(B) Federal policies and requirements that affect
the ability of a United States citizen living in a
foreign country to access foreign and domestic
financial institutions, including requirements under
chapter 4 of the Internal Revenue Code of 1986
(commonly known as the ``Foreign Account Tax Compliance
Act'') and requirements affecting financial
institutions imposed by the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA
Patriot Act) (Public Law 107-56).
(C) Federal requirements for a spouse, child, or
another family member of a United States citizen living
in a foreign country who is not a United States citizen
to become a United States citizen.
(D) The ability of a United States citizen living
in a foreign country to vote in Federal, State, and
local elections in the United States, and the process
for such a citizen to vote in such elections.
(E) The processes by which a United States citizen
living in a foreign country interacts with Federal
programs such as Social Security and Medicare.
(F) Which Federal agencies have jurisdiction over
each Federal program that serves United States citizens
who live in foreign countries and possible methods to
improve the collaboration of and coordination between
such Federal agencies.
(b) Consultation With Outside Organizations.--In conducting the
study under subsection (a), the Commission shall consult with
organizations that represent United States citizens living in foreign
countries.
(c) Reports.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Commission shall submit a report
to the President, Congress, and the head of any Federal agency
identified in subsection (a)(2)(F), which shall contain a
detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such
legislative and administrative actions as it considers
appropriate.
(2) Update.--Not later than one year after the date on
which the Commission submits the report under paragraph (1),
the Commission shall submit an update to the President,
Congress, and the head of any Federal agency identified in
subsection (a)(2)(F), which shall describe any administrative
actions taken by the head of any Federal agency pursuant to the
recommendations in such report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--Subject to section 6103 of the
Internal Revenue Code of 1986, the Commission may secure directly from
any Federal department or agency such information as the Commission
considers necessary to carry out this Act. Upon request of the
Chairperson of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the United States shall be compensated at
a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees
of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any United States employee may
be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. FEDERAL AGENCY RESPONSE.
Not later than 180 days after the date on which the Commission
submits the report under section 4(c)(1), the head of any Federal
agency that is affected by a recommendation in such report shall submit
to the President, Congress, and the Commission a response to such
recommendation, including any plans to take administrative action
pursuant to such recommendation.
SEC. 8. TERMINATION.
The Commission shall terminate on the date on which it submits its
update under section 4(c)(2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,000,000 for each of
fiscal years 2024 and 2025 to the Commission to carry out this Act, to
remain available until the termination of the Commission.
<all>
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118HR273 | DOD Entrepreneurial Innovation Act | [
[
"C000059",
"Rep. Calvert, Ken [R-CA-41]",
"sponsor"
]
] | <p><strong>DOD Entrepreneurial Innovation Act</strong></p> <p>This bill requires each military department to annually designate at least five eligible programs as Entrepreneurial Innovation Projects. Eligible programs are certain projects currently pursuing commercialization objectives that initially received funding for research and development through the Small Business Innovation Research Program or Small Business Technology Transfer Program. Once designated, programs must be included in future budgets and plans of the Department of Defense.</p> <p>Each military department must establish an advisory panel to identify and recommend eligible programs for designation.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 273 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 273
To amend chapter 303 of title 10, United States Code, to require the
Secretary of each military department to identify promising research
programs of the Small Business Innovation Research Program or Small
Business Technology Transfer Program for inclusion in the future
budgets and plans of the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Calvert introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To amend chapter 303 of title 10, United States Code, to require the
Secretary of each military department to identify promising research
programs of the Small Business Innovation Research Program or Small
Business Technology Transfer Program for inclusion in the future
budgets and plans of the Department of Defense, 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 ``DOD Entrepreneurial Innovation
Act''.
SEC. 2. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.
(a) In General.--
(1) Designating certain sbir and sttr programs as
entrepreneurial innovation projects.--Chapter 303 of title 10,
United States Code, is amended by inserting after section 4062
the following new section:
``Sec. 4063. Entrepreneurial Innovation Project designations
``(a) In General.--During the first fiscal year beginning after the
date of the enactment of this section, and during each subsequent
fiscal year, each Secretary concerned, in consultation with the each
chief of an armed force under the jurisdiction of the Secretary
concerned, shall designate not less than five eligible programs as
Entrepreneurial Innovation Projects.
``(b) Application.--An eligible program seeking designation as an
Entrepreneurial Innovation Project under this section shall submit to
the Secretary concerned an application at such time, in such manner,
and containing such information as the Secretary concerned determines
appropriate.
``(c) Designation Criteria.--In making designations under
subsection (a), the Secretary concerned shall consider--
``(1) the potential of the eligible program to--
``(A) advance the national security capabilities of
the United States;
``(B) provide new technologies or processes, or new
applications of existing technologies, that will enable
new alternatives to existing programs; and
``(C) provide future cost savings;
``(2) whether an advisory panel has recommended the
eligible program for designation; and
``(3) such other criteria that the Secretary concerned
determines to be appropriate.
``(d) Designation Benefits.--
``(1) Future years defense program inclusion.--With respect
to each designated program, the Secretary of Defense shall
include in the next future-years defense program the estimated
expenditures of such designated program. In the preceding
sentence, the term `next future-years defense program' means
the future-years defense program submitted to Congress under
section 221 of this title after the date on which such
designated program is designated under subsection (a).
``(2) Programming proposal.--Each designated program shall
be included by the Secretary concerned under a separate heading
in any programming proposals submitted to the Secretary of
Defense.
``(3) PPBE component.--Each designated program shall be
considered by the Secretary concerned as an integral part of
the planning, programming, budgeting, and execution process of
the Department of Defense.
``(e) Entrepreneurial Innovation Advisory Panels.--
``(1) Establishment.--For each military department, the
Secretary concerned shall establish an advisory panel that,
starting in the first fiscal year beginning after the date of
the enactment of this section, and in each subsequent fiscal
year, shall identify and recommend to the Secretary concerned
for designation under subsection (a) eligible programs based on
the criteria described in subsection (c)(1).
``(2) Membership.--
``(A) Composition.--
``(i) In general.--Each advisory panel
shall be composed of four members appointed by
the Secretary concerned and one member
appointed by the chief of the relevant armed
force under the jurisdiction of the Secretary
concerned.
``(ii) Secretary concerned appointments.--
The Secretary concerned shall appoint members
to the advisory panel as follows:
``(I) Three members who--
``(aa) have experience with
private sector entrepreneurial
innovation, including
development and implementation
of such innovations into well
established markets; and
``(bb) are not employed by
the Federal Government.
``(II) One member who is in the
Senior Executive Service in the
acquisition workforce (as defined in
section 1705 of this title) of the
relevant military department.
``(iii) Service chief appointment.--The
chief of an armed force under the jurisdiction
of the Secretary concerned shall appoint to the
advisory panel one member who is a member of
such armed forces.
``(B) Terms.--
``(i) Private sector members.--Members
described in subparagraph (A)(ii)(I) shall
serve for a term of three years, except that of
the members first appointed--
``(I) one shall serve a term of one
year;
``(II) one shall serve a term of
two years; and
``(III) one shall serve a term of
three years.
``(ii) Federal government employees.--
Members described in clause (ii)(II) or (iii)
of subparagraph (A) shall serve for a term of
two years, except that the first member
appointed under subparagraph (A)(iii) shall
serve for a term of one year.
``(C) Chair.--The chair for each advisory panel
shall be as follows:
``(i) For the first year of operation of
each such advisory panel, and every other year
thereafter, the member appointed under
subparagraph (A)(iii).
``(ii) For the second year of operation of
each such advisory panel, and every other year
thereafter, the member appointed under
subparagraph (A)(ii)(II).
``(D) Vacancies.--A vacancy in an advisory panel
shall be filled in the same manner as the original
appointment.
``(E) Conflict of interest.--Members and staff of
each advisory panel shall disclose to the relevant
Secretary concerned, and such Secretary concerned shall
mitigate to the extent practicable, any professional or
organizational conflict of interest of such members or
staff arising from service on the advisory panel.
``(F) Compensation.--
``(i) Private sector member compensation.--
Except as provided in clause (ii), members of
an advisory panel, and the support staff of
such members, shall be compensated at a rate
determined reasonable by the Secretary
concerned and shall be reimbursed in accordance
with section 5703 of title 5 for reasonable
travel costs and expenses incurred in
performing duties as members of an advisory
panel.
``(ii) Prohibition on compensation of
federal employees.--Members of an advisory
panel who are full-time officers or employees
of the United States or Members of Congress may
not receive additional pay, allowances, or
benefits by reason of their service on an
advisory panel.
``(3) Selection process.--
``(A) Initial selection.--Each advisory panel shall
select not less than ten eligible programs that have
submitted an application under subsection (b).
``(B) Program plans.--
``(i) In general.--Each eligible program
selected under subparagraph (A) may submit to
the advisory panel that selected such eligible
program a program plan containing the five-year
goals, execution plans, schedules, and funding
needs of such eligible program.
``(ii) Support.--Each Secretary concerned
shall, to the greatest extent practicable,
provide eligible programs selected under
subparagraph (A) with access to information to
support the development of the program plans
described in clause (i).
``(C) Final selection.--Each advisory panel shall
recommend to the Secretary concerned for designation
under subsection (a) not less than five eligible
programs that submitted a program plan under
subparagraph (B) to such advisory panel. If there are
less than five such eligible programs, such advisory
panel may recommend to the Secretary concerned for
designation under subsection (a) less than five such
eligible programs.
``(4) Administrative and technical support.--The Secretary
concerned shall provide the relevant advisory panel with such
administrative support, staff, and technical assistance as the
Secretary concerned determines necessary for such advisory
panel to carry out it duties.
``(5) Funding.--The Secretary of Defense may use amounts
available from the Department of Defense Acquisition Workforce
Development Account established under section 1705 of this
title to support the activities of advisory panels.
``(6) Inapplicability of faca.--Chapter 10 of title 5 shall
not apply to the advisory panels established under this
subsection.
``(f) Revocation of Designation.--If the Secretary concerned
determines that a designated program cannot reasonably meet the
objectives of such designated program in the relevant programming
proposal referred to in subsection (d)(2) or such objectives are
irrelevant, such Secretary concerned may revoke the designation.
``(g) Report to Congress.--The Secretary of Defense shall submit to
Congress an annual report describing each designated program and the
progress each designated program has made toward achieving the
objectives of the designated program.
``(h) Definitions.--In this section:
``(1) Advisory panel.--The term `advisory panel' means an
advisory panel established under subsection (e)(1).
``(2) Designated program.--The term `designated program'
means an eligible program that has been designated as an
Entrepreneurial Innovation Project under this section.
``(3) Eligible program.--The term `eligible program' means
work performed pursuant to a Phase III agreement (as such term
is defined in section 9(r)(2) of the Small Business Act (15
U.S.C. 638(r)(2))).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 303 of title 10, United States Code, is
amended by striking the item relating to section 4063 and
inserting after the item relating to section 4062 the following
new item:
``4063. Entrepreneurial Innovation Project designations.''.
(b) Establishment Deadline.--Not later than 120 days after the date
of the enactment of this Act, the Secretaries of each military
department shall establish the advisory panels described in section
4063(e) of title 10, United States Code, as added by subsection (a).
<all>
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118HR2730 | Health Equity and MENA Community Inclusion Act of 2023 | [
[
"T000481",
"Rep. Tlaib, Rashida [D-MI-12]",
"sponsor"
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[
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"Rep. Dingell, Debbie [D-MI-6]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2730 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2730
To amend the Public Health Service Act to include Middle Easterners and
North Africans in the statutory definition of a ``racial and ethnic
minority group'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Tlaib (for herself, Mrs. Dingell, Ms. Eshoo, and Ms. Kelly of
Illinois) 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 Middle Easterners and
North Africans in the statutory definition of a ``racial and ethnic
minority group'', 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 ``Health Equity and Middle Eastern and
North African Community Inclusion Act of 2023'' or the ``Health Equity
and MENA Community Inclusion Act of 2023''.
SEC. 2. DEFINITION.
In this Act, the terms ``Middle Eastern and North African'' or
``MENA'', with respect to individuals or populations, includes
individuals and populations who identify with one or more nationalities
or ethnic groups originating in a country (or portion thereof) in the
Middle Eastern and North African region (such as Lebanese, Iranians,
Egyptians, Moroccans, Yemenis, Chaldeans, Imazighen, Kurds,
Palestinians, and Yazidis).
SEC. 3. FINDINGS.
Congress finds the following:
(1) Through the establishment of the Office of Minority
Health (OMH) in 1986, the Department of Health and Human
Services has developed health policies and programs that
eliminate health disparities and improve the health of racial
and ethnic minority populations.
(2) Congress has funded the OMH to develop and implement
health care service programs that address physical activity and
nutrition, clinical conditions, individual social needs, and
the social determinants of health for ``racial and ethnic
minority groups''.
(3) Before the amendments made by this Act, section
1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-
6(g)(1))--
(A) defined the term ``racial and ethnic minority
group'' (for whom the OMH works to improve health
outcomes and eliminate health disparities) to exclude
Middle Easterners and North Africans; and
(B) thereby prevented MENA populations from
accessing critical resources intended to assist
historically marginalized communities.
(4) Independent researchers and private sector research
initiatives have found significant health disparities between
MENA individuals and the non-Hispanic White population, as well
as significant overlap between the health outcomes and health
conditions of MENA individuals and those of other racial and
ethnic minority groups.
(5) Poor health outcomes are often connected to
impoverishment in other aspects of life and are exacerbated by
additional barriers to access high-quality health coverage,
whether in terms of language, eligibility, health literacy, or
discrimination at the point-of-service.
(6) A recent study published in Proceedings of the National
Academy of Sciences suggested that MENA individuals are not
perceived as White and do not perceive themselves as White.
(7) Research on the health outcomes and health conditions
of MENA individuals is troubling and suggests that efforts must
be made on the Federal level to disaggregate the demographic
data of MENA individuals from the demographic data of
individuals in the non-Hispanic White category and fully
understand the social determinants of health for health
disparities and outcomes experienced by MENA individuals.
(8) Under the current Federal standards for data on race
and ethnicity, demographic data on MENA individuals is
aggregated into the same category as demographic data on
individuals of European ancestry, which limits the ability of
the Federal Government to understand the factors that
contribute to health outcomes for MENA individuals.
(9) The Federal standards for data on race and ethnicity
effectively obscure the reality of minority health and health
disparities by aggregating demographic health data on MENA
individuals with that Europeans.
(10) MENA individuals are not included among the groups for
whom the OMH works to improve health outcomes and eliminate
health disparities, which further limits the opportunity of
MENA individuals to access programs designed to address their
experiences and health conditions.
(11) The OMH could better assess and eliminate health
disparities by conducting a comprehensive study of the health
of MENA individuals and recognizing MENA individuals as a
racial and ethnic minority group.
SEC. 4. INCLUSION OF MIDDLE EASTERNERS AND NORTH AFRICANS IN DEFINITION
OF RACIAL AND ETHNIC MINORITY GROUPS.
(a) In General.--Section 1707(g)(1) of the Public Health Service
Act (42 U.S.C. 300u-6(g)(1)) is amended by striking ``and Hispanics''
and inserting ``Hispanics, and Middle Easterners and North Africans''.
(b) Sense of Congress.--It is the sense of Congress that subsection
(a) should be implemented so as to ensure that--
(1) the definition of a ``racial and ethnic minority
group'' in section 1707(g)(1) of the Public Health Service Act
(42 U.S.C. 300u-6(g)(1)), as amended by subsection (a), is
applied in the implementation and execution of Federal programs
and activities that reference such definition; and
(2) no racial and ethnic minority group served by such
programs and activities is negatively impacted by subsection
(a).
(c) Undefined References.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services
shall--
(1) identify all regulations, guidance, orders, and
documents of the Department of Health and Human Services for
establishment or implementation of a health care or public
health program, activity, or survey that--
(A) use the term ``racial and ethnic minority
group'' or similar terminology; but
(B) do not define such term or terminology; and
(2) take such actions as may be necessary to clarify
whether the definition of ``racial and ethnic minority group''
in section 1707(g)(1) of the Public Health Service Act (42
U.S.C. 300u-6(g)(1)), as amended by subsection (a), applies to
such term or terminology.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit a report to the Congress on the implementation of this section.
SEC. 5. REPORT ON THE HEALTH OF THE MIDDLE EASTERN AND NORTH AFRICAN
POPULATION.
(a) Study Required.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall conduct or support
a comprehensive study regarding the unique health patterns and outcomes
of MENA populations.
(b) Requirements for Study.--The comprehensive study under
subsection (a) shall include an enumeration of MENA populations across
the United States, disaggregated by subpopulation, and with respect to
each such population and subpopulation--
(1) the rates of--
(A) obesity, diabetes, sickle cell anemia, stroke,
asthma, pneumonia, lung cancer, HIV/AIDS, HPV, high
cholesterol, high blood pressure, chronic heart, lung,
and kidney disease;
(B) morbidity and mortality, including the rates of
morbidity and mortality associated with the health
conditions listed in subparagraph (A);
(C) mental health and substance use disorders; and
(D) domestic violence, dating violence, sexual
assault, sexual harassment, and stalking;
(2) analysis of--
(A) the rates described in paragraph (1);
(B) the leading causes of pregnancy-associated
morbidity and mortality; and
(C) access to health care facilities and the
associated outcomes of care;
(3) analysis, enumeration, or quantification of any other
health or health-related parameters the Secretary may deem
necessary; and
(4) analysis of the relationship between the health
factors, outcomes, and conditions described in paragraphs (1)
through (3) and the implementation of Federal health programs.
(c) Consultation.--The Secretary shall--
(1) carry out this section in consultation, as appropriate,
with the Director of the Census Bureau, the Director of the
Centers for Disease Control and Prevention, the Director of the
National Institutes of Health, the Assistant Secretary for
Mental Health and Substance Use, and other stakeholders
(including community-based organizations); and
(2) determine through such consultation the subpopulations
to be used for purposes of disaggregation of data pursuant to
subsection (b).
(d) Deadline.--The Secretary shall conclude the comprehensive study
under this section not later than two years after the enactment of this
Act.
(e) Online Portal.--Upon conclusion of the comprehensive study
under this section, the Secretary shall establish a public online
portal to catalogue the results of the study, its underlying data, and
information in the report submitted pursuant to subsection (f).
(f) Report.--Not later than 30 days after the conclusion of the
comprehensive study under this section, the Secretary shall submit to
Congress a report describing--
(1) the results of the study; and
(2) the rulemakings and other actions the agencies
described in subsection (c)(1) can undertake to more equitably
include MENA individuals in their programs.
(g) Privacy.--The Secretary shall not include any personally
identifiable information on the online portal under subsection (e) or
in the report under subsection (f).
<all>
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118HR2731 | POWER Our Reservoirs Act | [
[
"T000469",
"Rep. Tonko, Paul [D-NY-20]",
"sponsor"
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[
"H001068",
"Rep. Huffman, Jared [D-CA-2]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2731 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2731
To require assessments of opportunities to install and maintain
floating photovoltaic solar panels at Bureau of Reclamation and Corps
of Engineers projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mr. Tonko (for himself and Mr. Huffman) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Natural Resources,
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 assessments of opportunities to install and maintain
floating photovoltaic solar panels at Bureau of Reclamation and Corps
of Engineers 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. SHORT TITLE.
This Act may be cited as the ``Protect Our Waters and Expand
Renewables on Our Reservoirs Act'' or the ``POWER Our Reservoirs Act''.
SEC. 2. FLOATING SOLAR ENERGY AT RECLAMATION PROJECTS.
(a) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(2) Reclamation project.--The term ``Reclamation project''
means--
(A) any reclamation or irrigation project,
including incidental features of the project--
(i) that is authorized by the reclamation
laws;
(ii) that is constructed by the United
States pursuant to the reclamation laws; or
(iii) in connection with which there is a
repayment or water service contract executed by
the United States pursuant to the reclamation
laws; or
(B) any project constructed by the Secretary of the
Interior for the reclamation of land.
(b) Assessment.--
(1) In general.--The Commissioner, in consultation with the
Secretary of Energy and the relevant National Laboratories of
the Department of Energy, shall conduct an assessment of
opportunities to install and maintain floating photovoltaic
solar panels at Reclamation projects.
(2) Requirements.--In conducting the assessment under
paragraph (1), the Commissioner shall--
(A) determine the economic, environmental, and
technical feasibility of installing and maintaining, or
contracting with third parties to install and maintain,
photovoltaic solar panels at Reclamation projects;
(B)(i) identify Reclamation projects with a high
potential for the installation and maintenance of
floating photovoltaic solar panels, including which
Reclamation projects are likely to have high
cobenefits; and
(ii) determine whether the installation and
maintenance at Reclamation projects identified under
clause (i) would require additional authorization;
(C) account for potential effects and benefits on
Reclamation projects and the authorized purposes of the
Reclamation projects of installing and maintaining
floating photovoltaic solar panels at the Reclamation
projects, including--
(i) evaporation suppression;
(ii) energy yield;
(iii) dam safety;
(iv) recreation;
(v) water quality; and
(vi) fish and wildlife;
(D) account for potential damage to floating
photovoltaic solar panels from--
(i) weather;
(ii) water-level fluctuations; and
(iii) recreational and other uses of the
Reclamation projects;
(E)(i) identify methods to monetarily quantify
cobenefits of floating photovoltaic solar panel
projects; and
(ii) identify mechanisms to pass those benefits to
project developers, and assess whether the use of such
mechanisms may increase the viability of floating
photovoltaic solar panel projects; and
(F) account for the availability of electric grid
infrastructure close to Reclamation projects, including
underutilized transmission infrastructure.
(3) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Commissioner shall submit to
Congress and make publicly available (including on a publicly
available website) a report describing the results of the
assessment conducted under paragraph (1).
(c) Pilot Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, if the Commissioner determines, based on
the results of the assessment conducted under subsection (b),
that establishing a pilot program is advisable, the
Commissioner shall establish a pilot program under which the
Commissioner, or an applicable non-Federal entity that is
acting in partnership with the Commissioner, subject to
paragraph (2), shall carry out projects to deploy floating
photovoltaic solar panels at Reclamation projects identified
under subsection (b)(2)(B).
(2) Requirements.--To be eligible to carry out a project
under paragraph (1), a non-Federal entity shall--
(A) agree to invest in and deploy floating
photovoltaic solar panels at the applicable Reclamation
project; and
(B) have the authority to enter into agreements,
including through public-private partnerships, for the
purpose of carrying out the applicable project under
that paragraph.
(3) Federal share.--The Federal share of the cost of
carrying out a project under paragraph (1)--
(A) shall not exceed 100 percent, in the case of a
project carried out by the Commissioner; and
(B) shall not exceed 50 percent, in the case of a
project carried out by a non-Federal entity, acting in
partnership with the Commissioner.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Commissioner to carry out this section $12,000,000
for fiscal year 2024, to remain available until expended.
(e) No Effect on Project Purposes.--Nothing in this section affects
the authorized purposes of a Reclamation project.
SEC. 3. FLOATING SOLAR ENERGY AT CORPS OF ENGINEERS PROJECTS.
(a) Definitions.--In this section:
(1) Corps of engineers project.--The term ``Corps of
Engineers project'' means any water resources development
project--
(A) constructed by the Secretary; or
(B) for which the Secretary has financial or
operational responsibility.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Sustainability Reports.--Beginning not later than 2 years after
the date of enactment of this Act, the Secretary shall include
renewable energy from floating photovoltaic solar panels as part of any
sustainability report and implementation plan of the Corps of
Engineers.
(c) Pilot Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, if supported by the results of the
assessment conducted under subsection (a) of section 8232 of
the Water Resources Development Act of 2022 (Public Law 117-
263), the Secretary shall establish a pilot program for the
deployment of floating photovoltaic solar panels at Corps of
Engineers projects identified under paragraph (2)(B) of that
subsection under which the Secretary or an applicable non-
Federal interest--
(A) agrees to invest in and deploy floating
photovoltaic solar panels; and
(B) may enter into agreements, including through
public-private partnerships, for the purpose of
carrying out such activities.
(2) Cost share.--The Federal share of the cost of a project
carried out under this subsection shall be--
(A) not more than 100 percent, in the case of a
project carried out by the Secretary; and
(B) not more than 50 percent, in the case of a
project carried out by a non-Federal interest.
(d) Funding.--
(1) In general.--The Secretary shall carry out this section
using amounts made available to the Secretary to carry out
section 8232 of the Water Resources Development Act of 2022
(Public Law 117-263) that are not otherwise obligated.
(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for fiscal year 2024, to remain available until
expended.
(e) No Effect on Project Purposes.--Nothing in this section affects
the authorized purposes of a Corps of Engineers project.
<all>
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118HR2732 | EARN IT Act of 2023 | [
[
"W000812",
"Rep. Wagner, Ann [R-MO-2]",
"sponsor"
],
[
"G000587",
"Rep. Garcia, Sylvia R. [D-TX-29]",
"cosponsor"
],
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[
"... | <p><strong></strong><b>Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023 or the EARN IT Act of 2023</b></p> <p>This bill revises the federal framework governing the prevention of online sexual exploitation of children.</p> <p>The bill limits the liability protections of interactive computer service providers (e.g., Facebook and Twitter) with respect to claims alleging violations of child sexual exploitation laws.</p> <p>Additionally, the bill replaces various statutory references to <em>child pornography</em> and <em>material that contains child pornography</em> with <em>child sexual abuse material</em>.</p> <p>Finally, the bill makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children to the National Center for Missing and Exploited Children. Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each minor and each involved individual. The bill also increases the amount of time that providers must preserve the contents of a report. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2732 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2732
To protect victims of online child sexual abuse, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Mrs. Wagner (for herself, Ms. Garcia of Texas, Mr. Owens, Ms. Jackson
Lee, Mr. Valadao, Mr. Moore of Utah, Mr. Donalds, Mr. Smith of
Missouri, and Mr. Calvert) introduced the following bill; which was
referred to the Committee on the Judiciary, 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 protect victims of online child sexual abuse, 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 ``Eliminating Abusive and Rampant
Neglect of Interactive Technologies Act of 2023'' or the ``EARN IT Act
of 2023''.
SEC. 2. PROTECTING VICTIMS OF ONLINE CHILD SEXUAL ABUSE.
Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e))
is amended by adding at the end the following:
``(6) No effect on child sexual exploitation law.--Nothing
in this section (other than subsection (c)(2)(A)) shall be
construed to impair or limit--
``(A) any claim in a civil action brought against a
provider of an interactive computer service under
section 2255 of title 18, United States Code, if the
conduct underlying the claim constitutes a violation of
section 2252 or section 2252A of that title;
``(B) any charge in a criminal prosecution brought
against a provider of an interactive computer service
under State law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code; or
``(C) any claim in a civil action brought against a
provider of an interactive computer service under State
law regarding the advertisement, promotion,
presentation, distribution, or solicitation of child
sexual abuse material, as defined in section 2256(8) of
title 18, United States Code.
``(7) Encryption technologies.--
``(A) In general.--Notwithstanding paragraph (6),
none of the following actions or circumstances shall
serve as an independent basis for liability of a
provider of an interactive computer service for a claim
or charge described in that paragraph:
``(i) The provider utilizes full end-to-end
encrypted messaging services, device
encryption, or other encryption services.
``(ii) The provider does not possess the
information necessary to decrypt a
communication.
``(iii) The provider fails to take an
action that would otherwise undermine the
ability of the provider to offer full end-to-
end encrypted messaging services, device
encryption, or other encryption services.
``(B) Consideration of evidence.--Nothing in
subparagraph (A) shall be construed to prohibit a court
from considering evidence of actions or circumstances
described in that subparagraph if the evidence is
otherwise admissible.''.
SEC. 3. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.
(a) Sense of Congress.--It is the sense of Congress that the term
``child sexual abuse material'' has the same legal meaning as the term
``child pornography'', as that term was used in Federal statutes and
case law before the date of enactment of this Act.
(b) Amendments.--
(1) Title 5, united states code.--Chapter 65 of title 5,
United States Code, is amended--
(A) in section 6502(a)(2)(B), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in section 6504(c)(2)(F), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(2) Homeland security act of 2002.--The Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 307(b)(3)(D) (6 U.S.C.
187(b)(3)(D)), by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(B) in section 890A (6 U.S.C. 473)--
(i) in subsection (b)(2)(A)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(ii) in subsection (e)(3)(B)(ii), by
striking ``child pornography'' and inserting
``child sexual abuse material''.
(3) Immigration and nationality act.--Section 101(a)(43)(I)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(I)) is amended by striking ``child pornography''
and inserting ``child sexual abuse material''.
(4) Small business jobs act of 2010.--Section 3011(c) of
the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(5) Broadband data improvement act.--Section 214(a)(2) of
the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is
amended by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(7) Title 18, united states code.--Title 18, United States
Code, is amended--
(A) in section 1956(c)(7)(D), by striking ``child
pornography'' each place the term appears and inserting
``child sexual abuse material'';
(B) in chapter 110--
(i) in section 2251(e), by striking ``child
pornography'' and inserting ``child sexual
abuse material'';
(ii) in section 2252(b)--
(I) in paragraph (1), by striking
``child pornography'' and inserting
``child sexual abuse material''; and
(II) in paragraph (2), by striking
``child pornography'' and inserting
``child sexual abuse material'';
(iii) in section 2252A--
(I) in the section heading, by
striking ``material constituting or
containing child pornography'' and
inserting ``child sexual abuse
material'';
(II) in subsection (a)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material'';
(bb) in paragraph (2)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains child
pornography'' and
inserting ``child
sexual abuse
material'';
(cc) in paragraph (3)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(dd) in paragraph (4)--
(AA) in
subparagraph (A), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) in
subparagraph (B), by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material'';
(ee) in paragraph (5)--
(AA) in
subparagraph (A), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(BB) in
subparagraph (B), by
striking ``material
that contains an image
of child pornography''
and inserting ``item
containing child sexual
abuse material''; and
(ff) in paragraph (7)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
the period at the end
and inserting a comma;
(III) in subsection (b)--
(aa) in paragraph (1), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (2), by
striking ``child pornography''
each place the term appears and
inserting ``child sexual abuse
material'';
(IV) in subsection (c)--
(aa) in paragraph (1)(A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in the undesignated
matter following paragraph (2),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(V) in subsection (d)(1), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(VI) in subsection (e), by striking
``child pornography'' each place the
term appears and inserting ``child
sexual abuse material'';
(iv) in section 2256(8)--
(I) by striking ``child
pornography'' and inserting ``child
sexual abuse material''; and
(II) by striking the period at the
end and inserting a semicolon;
(v) in section 2257A(h)--
(I) in paragraph (1)(A)(iii)--
(aa) by inserting a comma
after ``marketed'';
(bb) by striking ``such
than'' and inserting ``such
that''; and
(cc) by striking ``a visual
depiction that is child
pornography'' and inserting
``child sexual abuse
material''; and
(II) in paragraph (2), by striking
``any visual depiction that is child
pornography'' and inserting ``child
sexual abuse material'';
(vi) in section 2258A--
(I) in subsection (a)(2)--
(aa) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (b)--
(aa) in paragraph (4)--
(AA) in the
paragraph heading, by
striking ``Visual
depictions of apparent
child pornography'' and
inserting ``Apparent
child sexual abuse
material''; and
(BB) by striking
``visual depiction of
apparent child
pornography'' and
inserting ``apparent
child sexual abuse
material''; and
(bb) in paragraph (5), by
striking ``visual depiction of
apparent child pornography''
and inserting ``apparent child
sexual abuse material''; and
(III) in subsection (g)(2)(B), by
striking ``visual depictions of
apparent child pornography'' and
inserting ``apparent child sexual abuse
material'';
(vii) in section 2258C--
(I) in the section heading, by
striking ``Use to combat child
pornography of technical elements
relating to reports made to the
CyberTipline'' and inserting ``Use of
technical elements from reports made to
the CyberTipline to combat child sexual
abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``the actual visual
depictions of apparent child
pornography'' and inserting
``any apparent child sexual
abuse material'';
(III) in subsection (d), by
striking ``child pornography visual
depiction'' and inserting ``child
sexual abuse material visual
depiction''; and
(IV) in subsection (e), by striking
``child pornography visual depiction''
and inserting ``child sexual abuse
material visual depiction'';
(viii) in section 2259--
(I) in paragraph (b)(2)--
(aa) in the paragraph
heading, by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(bb) in the matter
preceding subparagraph (A), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(cc) in subparagraph (A),
by striking ``child
pornography'' and inserting
``child sexual abuse
material'';
(II) in subsection (c)--
(aa) in paragraph (1)--
(AA) in the
paragraph heading, by
striking ``Child
pornography
production'' and
inserting ``Production
of child sexual abuse
material'';
(BB) by striking
``child pornography
production'' and
inserting ``production
of child sexual abuse
material''; and
(CC) by striking
``production of child
pornography'' and
inserting ``production
of child sexual abuse
material'';
(bb) in paragraph (2), in
the matter preceding
subparagraph (A), by striking
``trafficking in child
pornography offenses'' each
place the term appears and
inserting ``offenses for
trafficking in child sexual
abuse material''; and
(cc) in paragraph (3)--
(AA) in the
paragraph heading, by
striking ``child
pornography'' and
inserting ``child
sexual abuse
material''; and
(BB) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(III) in subsection (d)(1)--
(aa) in subparagraph (A)--
(AA) by striking
``child pornography''
each place the term
appears and inserting
``child sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(bb) in subparagraph (B),
by striking ``child
pornography'' and inserting
``child sexual abuse
material''; and
(cc) in subparagraph (C)--
(AA) by striking
``child pornography''
and inserting ``child
sexual abuse
material''; and
(BB) by striking
``Child Pornography
Victims Reserve'' and
inserting ``Reserve for
Victims of Child Sexual
Abuse Material'';
(ix) in section 2259A--
(I) in the section heading, by
striking ``child pornography cases''
and inserting ``cases involving child
sexual abuse material'';
(II) in subsection (a)--
(aa) in paragraph (2), by
striking ``child pornography''
and inserting ``child sexual
abuse material''; and
(bb) in paragraph (3), by
striking ``a child pornography
production offense'' and
inserting ``an offense for
production of child sexual
abuse material''; and
(III) in subsection (d)(2)(B), by
striking ``child pornography production
or trafficking offense that the
defendant committed'' and inserting
``offense for production of child
sexual abuse material or trafficking in
child sexual abuse material committed
by the defendant''; and
(x) in section 2259B--
(I) in the section heading, by
striking ``Child pornography victims
reserve'' and inserting ``Reserve for
child sexual abuse material'';
(II) in subsection (a), by striking
``Child Pornography Victims Reserve''
each place the term appears and
inserting ``Reserve for Victims of
Child Sexual Abuse Material'';
(III) in subsection (b), by
striking ``Child Pornography Victims
Reserve'' each place the term appears
and inserting ``Reserve for Victims of
Child Sexual Abuse Material''; and
(IV) in subsection (c), by striking
``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of
Child Sexual Abuse Material''; and
(C) in chapter 117--
(i) in section 2423(f)(3), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in section 2427--
(I) in the section heading, by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material'';
(D) in section 2516--
(i) in paragraph (1)(c), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual
abuse material''; and
(ii) in paragraph (2), by striking ``child
pornography production'' and inserting
``production of child sexual abuse material'';
(E) in section 3014(h)(3), by striking ``child
pornography victims'' and inserting ``victims of child
sexual abuse material'';
(F) in section 3509--
(i) in subsection (a)(6), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subsection (m)--
(I) in the subsection heading, by
striking ``Child Pornography'' and
inserting ``Child Sexual Abuse
Material'';
(II) in paragraph (1), by striking
``property or material that constitutes
child pornography (as defined by
section 2256 of this title)'' and
inserting ``child sexual abuse material
(as defined by section 2256 of this
title), or property or items containing
such material,'';
(III) in paragraph (2)--
(aa) in subparagraph (A)--
(AA) by striking
``property or material
that constitutes child
pornography (as defined
by section 2256 of this
title)'' and inserting
``child sexual abuse
material (as defined by
section 2256 of this
title), or property or
items containing such
material,''; and
(BB) by striking
``the property or
material'' and
inserting ``the child
sexual abuse material,
property, or items'';
and
(bb) in subparagraph (B),
by striking ``property or
material'' each place the term
appears and inserting ``child
sexual abuse material,
property, or items''; and
(IV) in paragraph (3)--
(aa) by striking ``property
or material that constitutes
child pornography, as defined
under section 2256(8)'' and
inserting ``child sexual abuse
material (as defined by section
2256 of this title)'';
(bb) by striking ``such
child pornography'' and
inserting ``such child sexual
abuse material''; and
(cc) by striking ``Such
property or material'' and
inserting ``Such child sexual
abuse material''; and
(G) in section 3632(d)(4)(D)(xlii), by striking
``material constituting or containing child
pornography'' and inserting ``child sexual abuse
material''.
(8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff
Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking
``child pornography'' and inserting ``child sexual abuse
material''.
(9) Elementary and secondary education act of 1965.--
Section 4121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7131) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in paragraph (2)(A)(ii), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in subsection (e)(5)--
(i) in the paragraph heading, by striking
``Child pornography'' and inserting ``Child
sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(10) Museum and library services act.--Section 224(f) of
the Museum and Library Services Act (20 U.S.C. 9134(f)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i)(II), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(ii) in subparagraph (B)(i)(II), by
striking ``child pornography'' and inserting
``child sexual abuse material''; and
(B) in paragraph (7)(A)--
(i) in the subparagraph heading, by
striking ``Child pornography'' and inserting
``Child sexual abuse material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''.
(11) Omnibus crime control and safe streets act of 1968.--
Section 3031(b)(3) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by
striking ``child pornography'' and inserting ``child sexual
abuse material''.
(12) Juvenile justice and delinquency prevention act of
1974.--Section 404(b)(1)(K) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K))
is amended--
(A) in clause (i)(I)(aa), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in clause (ii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(13) Victims of crime act of 1984.--Section 1402(d)(6)(A)
of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A))
is amended by striking ``Child Pornography Victims Reserve''
and inserting ``Reserve for Victims of Child Sexual Abuse
Material''.
(14) Victims of child abuse act of 1990.--The Victims of
Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
(A) in section 212(4) (34 U.S.C. 20302(4)), by
striking ``child pornography'' and inserting ``child
sexual abuse material'';
(B) in section 214(b) (34 U.S.C. 20304(b))--
(i) in the subsection heading, by striking
``Child Pornography'' and inserting ``Child
Sexual Abuse Material''; and
(ii) by striking ``child pornography'' and
inserting ``child sexual abuse material''; and
(C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)),
by striking ``child pornography'' and inserting ``child
sexual abuse material''.
(15) Sex offender registration and notification act.--
Section 111 of the Sex Offender Registration and Notification
Act (34 U.S.C. 20911) is amended--
(A) in paragraph (3)(B)(iii), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in paragraph (7)(G), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(16) Adam walsh child protection and safety act of 2006.--
Section 143(b)(3) of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking
``child pornography and enticement cases'' and inserting
``cases involving child sexual abuse material and enticement of
children''.
(17) PROTECT our children act of 2008.--The PROTECT Our
Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
(A) in section 101(c) (34 U.S.C. 21111(c))--
(i) in paragraph (16)--
(I) in the matter preceding
subparagraph (A), by striking ``child
pornography trafficking'' and inserting
``trafficking in child sexual abuse
material'';
(II) in subparagraph (A), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(III) in subparagraph (B), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(IV) in subparagraph (C), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(V) in subparagraph (D), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(ii) in paragraph (17)(A), by striking
``child pornography'' and inserting ``child
sexual abuse material''; and
(B) in section 105(e)(1)(C) (34 U.S.C.
21115(e)(1)(C)), by striking ``child pornography
trafficking'' and inserting ``trafficking in child
sexual abuse material''.
(18) Social security act.--Section 471(a)(20)(A)(i) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by
striking ``child pornography'' and inserting ``offenses
involving child sexual abuse material''.
(19) Privacy protection act of 1980.--Section 101 of the
Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
(A) in subsection (a)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''; and
(B) in subsection (b)(1), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(20) Child care and development block grant act of 1990.--
Section 658H(c)(1) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
(A) in subparagraph (D)(iii), by striking ``child
pornography'' and inserting ``offenses relating to
child sexual abuse material''; and
(B) in subparagraph (E), by striking ``child
pornography'' and inserting ``child sexual abuse
material''.
(21) Communications act of 1934.--Title II of the
Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
(A) in section 223 (47 U.S.C. 223)--
(i) in subsection (a)(1)--
(I) in subparagraph (A), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(II) in subparagraph (B), in the
undesignated matter following clause
(ii), by striking ``child pornography''
and inserting ``which constitutes child
sexual abuse material''; and
(ii) in subsection (d)(1), in the
undesignated matter following subparagraph (B),
by striking ``child pornography'' and inserting
``that constitutes child sexual abuse
material''; and
(B) in section 254(h) (47 U.S.C. 254(h))--
(i) in paragraph (5)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material'';
(ii) in paragraph (6)--
(I) in subparagraph (B)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(II) in subparagraph (C)(i)(II), by
striking ``child pornography'' and
inserting ``child sexual abuse
material''; and
(iii) in paragraph (7)(F)--
(I) in the subparagraph heading, by
striking ``Child pornography'' and
inserting ``Child sexual abuse
material''; and
(II) by striking ``child
pornography'' and inserting ``child
sexual abuse material''.
(c) Table of Sections Amendments.--
(1) Chapter 110 of title 18.--The table of sections for
chapter 110 of title 18, United States Code, is amended--
(A) by striking the item relating to section 2252A
and inserting the following:
``2252A. Certain activities relating to child sexual abuse material.'';
(B) by striking the item relating to section 2258C
and inserting the following:
``2258C. Use of technical elements from reports made to the
CyberTipline to combat child sexual abuse
material.'';
(C) by striking the item relating to section 2259A
and inserting the following:
``2259A. Assessments in cases involving child sexual abuse material.'';
and
(D) by striking the item relating to section 2259B
and inserting the following:
``2259B. Reserve for victims of child sexual abuse material.''.
(2) Chapter 117 of title 18.--The table of sections for
chapter 117 of title 18, United States Code, is amended by
striking the item relating to section 2427 and inserting the
following:
``2427. Inclusion of offenses relating to child sexual abuse material
in definition of sexual activity for which
any person can be charged with a criminal
offense.''.
(d) Amendment to the Federal Sentencing Guidelines.--Pursuant to
its authority under section 994(p) of title 28, United States Code, and
in accordance with this section, the United States Sentencing
Commission shall amend the Federal sentencing guidelines, including
application notes, to replace the terms ``child pornography'' and
``child pornographic material'' with ``child sexual abuse material''.
(e) Effective Date.--The amendments made by this section to title
18 of the United States Code shall apply to conduct that occurred
before, on, or after the date of enactment of this Act.
SEC. 4. MODERNIZING THE CYBERTIPLINE.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2258A, as amended by section 6(b) of this
Act--
(A) in subsection (a)--
(i) in paragraph (1)(B)(ii), by inserting
after ``facts or circumstances'' the following:
``, including any available facts or
circumstances sufficient to identify and locate
each minor and each involved individual,''; and
(ii) in paragraph (2)(A)--
(I) by inserting ``1591 (if the
violation involves a minor),'' before
``2251,''; and
(II) by striking ``or 2260'' and
inserting ``2260, or 2422(b)'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``or location''
after ``identity''; and
(II) by striking ``other
identifying information,'' and
inserting ``other information which may
identify or locate the involved
individual,'';
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (3) through (6),
respectively;
(iii) by inserting after paragraph (1) the
following:
``(2) Information about the involved minor.--Information
relating to the identity or location of any involved minor,
which may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other information which may identify
or locate any involved minor, including self-reported
identifying information.''; and
(iv) by adding at the end the following:
``(7) Formatting of reports.--When in its discretion a
provider voluntarily includes any content described in this
subsection in a report to the CyberTipline, the provider shall
use best efforts to ensure that the report conforms with the
structure of the CyberTipline.''; and
(C) in subsection (d)(5)(B)--
(i) in clause (i), by striking
``forwarded'' and inserting ``made available'';
and
(ii) in clause (ii), by striking
``forwarded'' and inserting ``made available'';
(2) in section 2258B--
(A) in subsection (a)--
(i) by striking ``arising from the
performance'' and inserting the following: ``,
may not be brought in any Federal or State
court if the claim or charge is directly
attributable to--
``(1) the performance'';
(ii) in paragraph (1), as so designated, by
striking ``may not be brought in any Federal or
State court.'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(2) transmitting, distributing, or mailing child sexual
abuse material to any Federal, State, or local law enforcement
agency, or giving such agency access to child sexual abuse
material, in response to a search warrant, court order, or
other legal process issued by such agency; or
``(3) research voluntarily undertaken by the provider or
domain name registrar using any material being preserved under
section 2258A(h), if the research is only for the purpose of--
``(A) improving or facilitating reporting under
this section, section 2258A, or section 2258C; or
``(B) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)(2)(C)--
(i) by striking ``the performance of'';
(ii) by inserting ``described in or
performed'' after ``function''; and
(iii) by striking ``this section,
sections'' and inserting ``this section or
section''; and
(3) in section 2258C, as amended by section 6(b) of this
Act--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``NCMEC'' and
inserting the following:
``(A) Provision to providers.--NCMEC'';
(II) in subparagraph (A), as so
designated, by inserting ``or
submission to the child victim
identification program described in
section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following:
``(B) Provision to non-profit entities.--NCMEC may
provide hash values or similar technical identifiers
associated with visual depictions provided in a
CyberTipline report or submission to the child victim
identification program described in section
404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)) to a non-profit entity for the sole
and exclusive purpose of preventing and curtailing the
online sexual exploitation of children.''; and
(ii) in paragraph (2)--
(I) by inserting ``(A)'' after
``(1)'';
(II) by inserting ``or submission
to the child victim identification
program described in section
404(b)(1)(K)(ii) of the Juvenile
Justice and Delinquency Prevention Act
of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after
``CyberTipline report''; and
(III) by adding at the end the
following: ``The elements authorized
under paragraph (1)(B) shall be limited
to hash values or similar technical
identifiers associated with visual
depictions provided in a CyberTipline
report or submission to the child
victim identification program described
in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii)).''; and
(C) in subsection (d), by inserting ``or to the
child victim identification program described in
section 404(b)(1)(K)(ii) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C.
11293(b)(1)(K)(ii))'' after ``CyberTipline''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by striking the
item relating to section 2258C (as amended by section 6(c)(1)(B) of
this Act) and inserting the following:
``2258C. Use of technical elements from reports made to NCMEC to combat
child sexual abuse material.''.
SEC. 5. ELIMINATING NETWORK DISTRIBUTION OF CHILD EXPLOITATION.
Section 2258A(h) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``90 days'' and inserting
``1 year''; and
(2) by adding at the end the following:
``(5) Extension of preservation.--A provider of a report to
the CyberTipline may voluntarily preserve the contents provided
in the report (including any comingled content described in
paragraph (2)) for longer than 1 year after the submission to
the CyberTipline for the purpose of reducing the proliferation
of online child sexual exploitation or preventing the online
sexual exploitation of children.''.
SEC. 6. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
any application of such provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of the
provisions of this Act and the amendments made by this Act, and the
application of the provision or amendment to any other person or
circumstance, shall not be affected.
<all>
</pre></body></html>
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118HR2733 | Department of Veterans Affairs Office of Inspector General Training Act of 2023 | [
[
"U000040",
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"sponsor"
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"Rep. Womack, Steve [R-AR-3]",
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] | <p><strong>Department of Veterans Affairs Office of Inspector General Training Act of 2023</strong></p> <p>This bill requires new employees of the Department of Veterans Affairs (VA) to undergo training developed by the Inspector General of the VA regarding the reporting of wrongdoing to, responding to requests from, and cooperating with the Office of the Inspector General.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2733 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2733
To require the Secretary of Veterans Affairs to require the employees
of the Department of Veterans Affairs to receive training developed by
the Inspector General of the Department on reporting wrongdoing to,
responding to requests from, and cooperating with the Office of
Inspector General of the Department, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Underwood (for herself, Mr. Womack, Mr. Pappas, and Mr. Joyce of
Ohio) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to require the employees
of the Department of Veterans Affairs to receive training developed by
the Inspector General of the Department on reporting wrongdoing to,
responding to requests from, and cooperating with the Office of
Inspector General of the Department, 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 ``Department of Veterans Affairs
Office of Inspector General Training Act of 2023''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE TRAINING REGARDING
OFFICE OF INSPECTOR GENERAL.
(a) Training.--The Secretary of Veterans Affairs shall require each
employee of the Department of Veterans Affairs who begins employment
with the Department on or after the date of the enactment of this Act
to receive training that the Inspector General of the Department shall
develop on the reporting of wrongdoing to, responding to requests from,
and cooperating with the Office of Inspector General of the Department.
(b) Timing of Training.--In carrying out subsection (a), the
Secretary shall require each employee of the Department covered under
such subsection to undergo the training required by such subsection not
later than one year after the date on which the employee begins
employment with the Department.
(c) Elements.--Training developed and required under subsection (a)
shall include the following:
(1) Definition of the role, responsibilities, and legal
authority of the Inspector General of the Department and the
duties of employees of the Department for engaging with the
Office of Inspector General.
(2) Identification of the circumstances and mechanisms for
reporting fraud, waste, abuse, and other wrongdoing to the
Inspector General, including making confidential complaints to
the Inspector General.
(3) Identification of the prohibitions and remedies that
help to protect employees of the Department from retaliation
when reporting wrongdoing to the Inspector General.
(4) Recognition of opportunities to engage with staff of
the Office of Inspector General to improve programs,
operations, and services of the Department.
(d) Design and Update.--The Inspector General of the Department
shall design, and update as the Inspector General considers
appropriate, the training developed and required by subsection (a).
(e) System.--The Secretary shall provide, via the talent management
system of the Department, or successor system, the training developed
and required under subsection (a).
(f) Relation to Certain Training.--The Secretary shall ensure that
training developed and required under subsection (a) is separate and
distinct from training provided under section 733 of title 38, United
States Code.
(g) Notice to Employees.--The Secretary shall ensure that the
Inspector General is afforded the opportunity, not less frequently than
twice each year and more frequently if the Inspector General considers
appropriate under extraordinary circumstances, to use the electronic
mail system of the Department to notify all authorized users of such
system of the following:
(1) The roles and responsibilities of the employees of the
Department when engaging with the Office of Inspector General.
(2) The availability of training provided under subsection
(a).
(3) How to access training provided under subsection (a).
(4) Information about how to contact the Office of
Inspector General, including a link to any website-based
reporting form of the Office.
<all>
</pre></body></html>
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118HR2734 | Ocean Acidification Research Partnerships Act | [
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[From the U.S. Government Publishing Office]
[H.R. 2734 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2734
To provide for ocean acidification collaborative research grant
opportunities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Carbajal (for himself, Mr. Fitzpatrick, Mrs. Gonzalez-Colon, and
Ms. Bonamici) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To provide for ocean acidification collaborative research grant
opportunities.
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 ``Ocean Acidification Research
Partnerships Act''.
SEC. 2. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS.
The Federal Ocean Acidification Research and Monitoring Act of 2009
(enacted as subtitle D of part II of title XII of the Omnibus Public
Land Management Act of 2009 (33 U.S.C. 3701 et seq.; Public Law 111-
11)) is amended by inserting after section 12406 (33 U.S.C. 3705) the
following new section:
``SEC. 12406A. OCEAN ACIDIFICATION COLLABORATIVE RESEARCH GRANTS.
``(a) Definitions.--In this section:
``(1) Academic community.--The term `academic community'
includes faculty and other representatives of institutions of
higher education and other schools, researchers, scientists,
and natural resource managers.
``(2) Seafood industry.--The term `seafood industry'
includes shellfish growers, shellfish harvesters, commercial
fishermen, recreational fishermen, other members of the seafood
harvesting or supply chain, and organizations representing any
of such groups.
``(b) Grants.--The Secretary shall provide grants for collaborative
research projects on ocean acidification developed and conducted
through partnerships between the seafood industry and the academic
community.
``(c) Criteria for Approval.--The Secretary may not provide a grant
for a project under this section unless the project is--
``(1) consistent with the themes identified under the
strategic research plan developed by the Subcommittee under
section 12405; and
``(2) designed to--
``(A) develop and support partnerships,
communications, and shared understanding between the
seafood industry and the academic community;
``(B) include the seafood industry in research on
ocean acidification;
``(C) deliver research, monitoring, or adaptation
results which will benefit both the seafood industry
and the academic community;
``(D) incorporate into the research agenda the
expertise of both the seafood industry, including their
unique understanding of the natural environment, and
the academic community;
``(E) promote better understanding of seafood
industry research questions and priorities within the
academic community;
``(F) promote wider understanding of ocean
acidification among the academic community, the seafood
industry, and other stakeholders as appropriate; and
``(G) include appropriately balanced support from
both the seafood industry and the academic community.
``(d) Priority.--The Secretary shall prioritize funding under this
section to projects which--
``(1) address ecosystems and communities vulnerable to the
impacts of ocean acidification;
``(2) demonstrate support from local stakeholders, such as
representatives of States or other governmental jurisdictions,
community organizations, tribes, or educational institutions,
as appropriate, located within the region in which the project
will be undertaken; or
``(3) utilize seafood industry assets as research and
monitoring platforms.
``(e) Implementation Guidelines.--Not later than 180 days after the
date of the enactment of this section, the Secretary, in collaboration
with the Subcommittee, shall issue implementation guidelines under this
section, including criteria and priorities for grants. Those guidelines
shall be developed in consultation, as appropriate, with the following:
``(1) State, regional, and local decisionmakers with ocean
acidification experience.
``(2) The seafood industry and other marine-dependent
industries.
``(3) Formal and informal educators, including both those
within academia and those who are not.
``(4) Tribes.
``(5) Nongovernmental organizations involved in ocean
acidification research, prevention, or adaptation.
``(6) Any other appropriate community stakeholders.
``(f) Contents of Proposals.--Each proposal for a grant under this
section shall include the following:
``(1) A description of the qualifications of the
individuals or entities who will conduct the project.
``(2) A plan for ensuring full participation and engagement
of both industry and academic community participants, including
a description of how each partner will contribute expertise to
the project in terms of design, execution, and interpretation
of results.
``(3) A plan for the dissemination of the results of the
research project, which may include the following:
``(A) Educational programs.
``(B) Presentations to members of the seafood
industry, the academic community, and community
stakeholders.
``(C) Scientific publication.
``(D) Delivery to appropriate representatives of
States or other government jurisdictions who would use
the information.
``(4) A description of how the project is consistent with
the program elements described in section 12405(c).
``(5) Any other information the Secretary considers
necessary for evaluating the eligibility of the project for
funding under this section.
``(g) Alternative Participants.--The Secretary may make a grant
under this section to a partnership in which a marine-dependent
industry is substituted for the seafood industry if the proposed
project serves the purposes of this section. In such a case, the
participation and interests of that marine-dependent industry shall be
substituted for those of the seafood industry in applying the
requirements of this section.
``(h) Project Reporting.--Each grantee under this section shall
provide periodic reports as required by the Secretary. Each such report
shall include all information required by the Secretary for evaluating
the progress and success of the project.
``(i) Matching Requirements.--
``(1) In general.--Except as provided in paragraph (2), the
total amount of Federal funding for a collaborative research
project supported under this section may not exceed 85 percent
of the total cost of such project. For purposes of this
paragraph, the non-Federal share of project costs may be
provided by in-kind contributions and other noncash support.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) if the Secretary
determines that no reasonable means are available through which
applicants can meet the matching requirement and the probable
benefit of such project outweighs the public interest in such
matching requirement.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $5,000,000
for each of fiscal years 2024 through 2028.''.
<all>
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118HR2735 | Coastal State Climate Preparedness Act of 2023 | [
[
"C001112",
"Rep. Carbajal, Salud O. [D-CA-24]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"L000582",
"Rep. Lieu, Ted [D-CA-36]",
"cosponsor"
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] | <p><b>Coastal State Climate Preparedness Act of 2023</b></p> <p>This bill directs the Department of Commerce to establish a coastal climate change adaptation preparedness and response program. Under the program, Commerce must (1) assist coastal states with voluntarily developing coastal climate change adaptation plans, and (2) provide financial and technical assistance as well as training for coastal states to implement the adaptation plans.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2735 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2735
To amend the Coastal Zone Management Act of 1972 to require the
Secretary of Commerce to establish a coastal climate change adaptation
preparedness and response program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Carbajal (for himself, Mr. Fitzpatrick, and Mr. Lieu) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act of 1972 to require the
Secretary of Commerce to establish a coastal climate change adaptation
preparedness and response 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 ``Coastal State Climate Preparedness
Act of 2023''.
SEC. 2. CLIMATE CHANGE PREPAREDNESS IN THE COASTAL ZONE.
(a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by adding at the end the following:
``SEC. 320. CLIMATE CHANGE ADAPTATION PREPAREDNESS AND RESPONSE
PROGRAM.
``(a) In General.--The Secretary shall establish, consistent with
the national policies set forth in section 303, a coastal climate
change adaptation preparedness and response program to--
``(1) provide assistance to coastal States to voluntarily
develop coastal climate change adaptation plans, pursuant to
approved management programs approved under section 306, to
minimize contributions to climate change and to prepare for and
reduce the negative consequences that may result from climate
change in the coastal zone; and
``(2) provide financial and technical assistance and
training to enable coastal States to implement plans developed
pursuant to this section through coastal States' enforceable
policies.
``(b) Coastal Climate Change Adaptation Planning and Preparedness
Grants.--
``(1) In general.--The Secretary may make a grant to any
coastal State for the purpose of developing climate change
adaptation plans pursuant to guidelines issued by the Secretary
under paragraph (8).
``(2) Plan content.--A plan developed with a grant under
this subsection shall include the following:
``(A) Identification of public facilities and
public services, working waterfronts, coastal resources
of national significance, coastal waters, energy
facilities, or other land and water uses located in the
coastal zone that are likely to be impacted by climate
change.
``(B) Adaptive management strategies for land use
to respond or adapt to changing environmental
conditions, including strategies to protect
biodiversity, protect water quality, and establish
habitat buffer zones, migration corridors, and climate
refugia.
``(C) Adaptive management strategies for ocean-
based ecosystems and resources, including strategies to
plan for and respond to geographic or temporal shifts
in marine resources, to create protected areas that
will provide climate refugia, and to maintain and
restore ocean ecosystem function.
``(D) Requirements to initiate and maintain long-
term monitoring of environmental change to assess
coastal zone adaptation and to adjust when necessary
adaptive management strategies and new planning
guidelines to attain the policies under section 303.
``(E) Other information considered necessary by the
Secretary to identify the full range of climate change
impacts affecting coastal communities.
``(3) State hazard mitigation plans.--Plans developed with
a grant under this subsection shall be consistent with State
hazard mitigation plans and natural disaster response and
recovery programs developed under State or Federal law.
``(4) Allocation.--Grants under this subsection shall be
available only to coastal States with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal States in a manner consistent with
regulations promulgated pursuant to section 306(c).
``(5) Priority.--In the awarding of grants under this
subsection, the Secretary may give priority to any coastal
State that has received grant funding to develop program
changes pursuant to paragraphs (1), (2), (3), (5), (6), (7),
and (8) of section 309(a).
``(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal State consistent with section
310 to ensure the timely development of plans supported by
grants awarded under this subsection.
``(7) Federal approval.--In order to be eligible for a
grant under subsection (c), a coastal State must have its plan
developed under this subsection approved by the Secretary.
``(8) Guidelines.--Not later than 180 days after the date
of enactment of this section, the Secretary, in consultation
with the coastal States, shall issue guidelines for the
implementation of the grant program established under this
subsection.
``(c) Coastal Climate Change Adaptation Project Implementation
Grants.--
``(1) In general.--The Secretary may make grants to any
coastal State that has a climate change adaptation plan
approved under subsection (b)(7), in order to support projects
that implement strategies contained within such plans.
``(2) Program requirements.--The Secretary, not later than
90 days after approval of the first plan approved under
subsection (b)(7), shall publish in the Federal Register
requirements regarding applications, allocations, eligible
activities, and all terms and conditions for grants awarded
under this subsection. No less than 30 percent, and no more
than 50 percent, of the funds appropriated in any fiscal year
for grants under this subsection shall be awarded through a
merit-based competitive process.
``(3) Eligible activities.--The Secretary may award grants
to coastal States to implement projects in the coastal zone to
address stress factors in order to improve coastal climate
change adaptation, including the following:
``(A) Activities to address physical disturbances
within the coastal zone, especially activities related
to public facilities and public services, tourism,
sedimentation, ocean acidification, and other factors
negatively impacting coastal waters.
``(B) Monitoring, control, or eradication of
disease organisms and invasive species.
``(C) Activities to address the loss, degradation,
or fragmentation of wildlife habitat through projects
to establish or protect marine and terrestrial habitat
buffers, wildlife refugia, other wildlife refuges, or
networks thereof, preservation of migratory wildlife
corridors and other transition zones, and restoration
of fish and wildlife habitat.
``(D) Projects, with priority given to such
projects that use green infrastructure solutions, to
reduce, mitigate, or otherwise address likely impacts
caused by natural hazards in the coastal zone,
including sea level rise, coastal inundation, storm
water management, coastal erosion and subsidence,
severe weather events such as cyclonic storms, tsunamis
and other seismic threats, and fluctuating Great Lakes
water levels.
``(E) Projects to adapt existing infrastructure,
including enhancements to both built and natural
environments.
``(F) Provision of technical training and
assistance to local coastal policy makers to increase
awareness of science, management, and technology
information related to climate change and adaptation
strategies.
``(4) Promotion and use of national estuarine research
reserves.--The Secretary shall promote and encourage the use of
National Estuarine Research Reserves as sites for pilot or
demonstration projects carried out with grants awarded under
this section.''.
(b) Authorization of Appropriations.--Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464(a)) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) for grants under section 320, such sums as are
necessary.''.
(c) Intent of Congress.--None of the amendments made by this
section shall be construed to require any coastal State to amend or
modify its approved management program pursuant to section 306(e) of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(e)) or to
extend the enforceable policies of a coastal State beyond the coastal
zone as identified in the coastal State's approved management program.
<all>
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118HR2736 | SAD Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2736 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2736
To prohibit disinformation in the advertising of abortion services, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Bonamici (for herself, Mrs. Sykes, Mrs. Trahan, Mr. Grijalva, Ms.
Titus, Mr. Takano, Ms. Porter, Mr. Veasey, Ms. Williams of Georgia, Ms.
Lee of Pennsylvania, Mr. Evans, Ms. Pingree, Ms. Wasserman Schultz,
Mrs. Fletcher, Mrs. Watson Coleman, Ms. Kuster, Mr. Bowman, Mr.
Connolly, Ms. Budzinski, Mr. Garcia of Illinois, Ms. Lois Frankel of
Florida, Ms. Crockett, Ms. Scanlon, Ms. DelBene, Ms. McCollum, Mr.
Gottheimer, Ms. Adams, Ms. Escobar, Ms. Chu, Mrs. McClellan, Ms.
DeGette, Ms. Norton, Ms. Jacobs, Ms. Tlaib, Mr. Pocan, Ms. Matsui, Mr.
Huffman, Ms. Lee of California, Ms. Tokuda, Ms. Balint, Mr. Allred,
Mrs. Hayes, Ms. Salinas, Ms. Velazquez, Mr. Auchincloss, and Ms.
Jayapal) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit disinformation in the advertising of abortion 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 ``Stop Antiabortion Disinformation
Act'' or the ``SAD Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Abortion services are an essential component of
reproductive health care.
(2) On June 24, 2022, in Dobbs v. Jackson Women's Health
Organization, the Supreme Court overruled Roe v. Wade,
reversing decades of precedent recognizing a constitutional
right to abortion and permitting decimation of an already
precarious landscape of access to abortion.
(3) The effects were immediate and disastrous. As of
January 2023, abortion is unavailable in 14 States, leaving
17.8 million women of reproductive age (ages 15 to 49) and
transgender and gender nonconforming individuals without access
to abortion in the home State of such individuals.
(4) Travel time to an abortion clinic, already burdensome
under Roe, has more than tripled since the Dobbs decision, as
scores of clinics in already underserved areas have been forced
to close and more patients have been forced to travel to other
States. As distance to an abortion facility increases, so do
the accompanying burdens of time off from work or school, lost
wages, transportation costs, lodging, child care costs, and
other ancillary costs.
(5) The freedom to decide whether and when to have a child
is key to the ability of an individual to participate fully in
our democracy.
(6) Crisis pregnancy centers (CPCs) are antiabortion
organizations that present themselves as comprehensive
reproductive health care providers with the intent of
discouraging pregnant people from having abortions.
(7) According to the Journal of Medical Internet Research
(JMIR) Public Health and Surveillance, there are more than
2,500 CPCs in the United States, though some antiabortion
groups claim that the number is closer to 4,000.
(8) According to 2020 data from JMIR Public Health and
Surveillance, on average, CPCs outnumber abortion clinics
nationwide by an average of 3 to 1. In some States, this
statistic is higher. For example, The Alliance: State Advocates
for Women's Rights & Gender Equality (The Alliance) found that
in Pennsylvania, CPCs outnumber abortion clinics by 9 to 1. The
Alliance also found that in Minnesota, CPCs outnumber abortion
clinics by 11 to 1.
(9) CPCs routinely engage in a variety of deceptive
tactics, including making false claims about reproductive
health care and providers, disseminating inaccurate,
misleading, and stigmatizing information about the risks of
abortion and contraception, and using illegitimate or false
citations to imply that deceptive claims are supported by
legitimate medical sources.
(10) CPCs typically advertise themselves as providers of
comprehensive health care. However, most CPCs in the United
States do not employ licensed medical personnel or provide
referrals for birth control or abortion care.
(11) By using these deceptive tactics, CPCs prevent people
from accessing reproductive health care and intentionally delay
access to time-sensitive abortion services. The harm of these
delays is far greater in the wake of the Dobbs decision.
(12) CPCs target underresourced neighborhoods and
communities of color, including Black, Latino, Indigenous,
Asian-American, Pacific Islander, and immigrant communities, by
locating their facilities near social services centers and
comprehensive reproductive health care providers. CPCs place
advertisements in these neighborhoods that mislead and draw
people away from nearby providers that offer evidence-based
sexual and reproductive health care, including abortion care.
This exacerbates existing health barriers and delays access to
time-sensitive care.
(13) People are entitled to honest, accurate, and timely
information when seeking reproductive health care.
SEC. 3. PROHIBITION ON DISINFORMATION OF ABORTION SERVICES.
(a) Conduct Prohibited.--
(1) Prohibition.--It shall be unlawful for any person to
engage in deceptive advertising about the reproductive health
services offered by the person, including advertising that
deceptively states that the person--
(A) offers or provides contraception or abortion
services (or referrals for such contraception or
abortion services); or
(B) employs or offers access to licensed medical
personnel.
(2) Rulemaking.--The Commission may promulgate regulations
under section 553 of title 5, United States Code, to implement
this section.
(3) Enforcement by the commission.--A violation of this
section or a regulation promulgated under this section shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Except as otherwise provided in paragraphs (4) to (6), the
Commission shall enforce this section and the regulations
promulgated under this section in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made a part of this
section. Any person who violates this section or a regulation
promulgated under this section shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(4) Nonprofit organizations.--Notwithstanding section 4,
5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C.
44, 45(a)(2), 46) or any jurisdictional limitation of the
Commission, the Commission shall also enforce this section or a
regulation promulgated under this section, in the same manner
provided in paragraphs (1) and (3), with respect to
organizations not organized to carry on business for their own
profit or that of their members.
(5) Civil penalty.--In addition to any other penalty as may
be prescribed by law, any person who violates this section or a
regulation promulgated under this section shall be punishable
by a civil penalty that shall not exceed the greater of--
(A) $100,000; or
(B) 50 percent of the revenues earned by the
ultimate parent entity of a person during the preceding
12-month period.
(6) Independent litigation authority.--
(A) Civil action by commission.--If the Commission
has reason to believe that a person has violated this
section or a regulation promulgated under this section,
the Commission may bring a civil action in any
appropriate United States district court for any of the
following remedies:
(i) To enjoin any further such violation by
such person.
(ii) To enforce compliance with this
section or a regulation promulgated under this
section.
(iii) To obtain a permanent, temporary, or
preliminary injunction.
(iv) To obtain civil penalties.
(v) To obtain damages, restitution, or
other compensation on behalf of aggrieved
consumers.
(vi) To obtain any other appropriate
equitable relief.
(B) Exclusive authority of commission.--Except as
otherwise provided in section 16(a)(3) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(3)), the
Commission shall have exclusive authority to commence
or defend, and supervise the litigation of, any civil
action under this section and any appeal of such
action, in its own name by any of its attorneys,
designated by it for such purpose, unless the
Commission authorizes the Attorney General to do so.
The Commission shall inform the Attorney General of the
exercise of such authority, and such exercise shall not
preclude the Attorney General from intervening on
behalf of the United States in such action and any
appeal of such action as may be otherwise provided by
law.
(b) Reports.--Beginning 1 year after the date of the enactment of
this Act, and every 2 years thereafter, the Commission shall submit to
Congress a report that includes, with respect to the previous year, a
description of any enforcement action by the Commission under this Act,
any regulation promulgated under this Act, and the outcomes of such
actions.
(c) Savings Clause.--Nothing in this Act may be construed to limit
the authority of the Commission under any other provision of law.
(d) Definitions.--In this Act:
(1) Abortion services.--The term ``abortion services''
means an abortion or any medical or non-medical services
related to or provided in conjunction with an abortion, whether
or not provided at the same time or on the same day as the
abortion.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Person.--The term ``person'' has the meaning given that
term in section 551(2) of title 5, United States Code.
<all>
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118HR2737 | Stop the Invasion Act | [
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"B0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2737 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2737
To require the President to suspend the entry of aliens into the United
States when the average number of ``encounters'' exceeds a certain
number, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Ogles (for himself, Mr. Duncan, Mr. Posey, Mr. Rosendale, Mrs.
Boebert, Mr. Gosar, Mrs. Miller of Illinois, Mr. Biggs, Mrs. Lesko, Mr.
Good of Virginia, Mr. Wilson of South Carolina, Mr. Webster of Florida,
Mr. Norman, Mr. Babin, Mr. Weber of Texas, and Mr. LaMalfa) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To require the President to suspend the entry of aliens into the United
States when the average number of ``encounters'' exceeds a certain
number, 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 the Invasion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The U.S. Customs and Border Protection Agency (in this
Act, referred to as ``CBP'') ``encountered'' 251,978 illegal
aliens at the Southwest border in December 2022, the highest
monthly total ever recorded; this represented 10 consecutive
months of over 200,000 illegal alien ``encounters''.
(2) Since the creation of the Department of Homeland
Security, the number of monthly ``encounters'' had never
crossed the 200,000 threshold; the Biden administration is
responsible for the 6th highest and 8 of the 10 highest months
ever recorded.
(3) While January 2023 ``encounters'' fell below 200,000,
that number reached 156,274, a record high for the month of
January.
(4) February 2023 saw 154,998 ``encounters'' at the
Southwest border, the 24th consecutive month that
``encounters'' exceeded 150,000. Nearly half of the February
total stemmed from expulsions under title 42.
(5) In fiscal year 2022, CBP ``encountered'' nearly
2,380,000 illegal aliens at the Southwest border (excluding a
reported 600,000 known ``gotaways'') and more than 2,700,000
nationwide. CBP data indicates that from February 1, 2021,
through February 28, 2023, nearly 4.85 million illegal aliens
have been ``encountered'' at the United States Southwest
border.
(6) In the first 5 months of fiscal year 2023, CBP has
``encountered'' 1,029,953 illegal aliens at the Southwest
border, putting the Department of Homeland Security on pace to
``encounter'' nearly 2,500,000 illegal aliens this fiscal year.
(7) According to congressional testimony provided by U.S.
Border Patrol Chief Raul Ortiz on March 15, 2023, the number of
known ``gotaways'' since January 20, 2021, has exceeded
1,300,000, bringing the total number of aliens attempting to
cross the Southwest border well in excess of 6,000,000.
(8) Six million is a greater population than the
populations of 31 of the 50 States. It is more than the
populations of North Dakota, South Dakota, Rhode Island,
Alaska, Vermont, Delaware, and the District of Columbia
combined.
(9) The ongoing border crisis has inflicted harrowing costs
on the welfare of women and children. The number of
unaccompanied alien children ``encountered'' by CBP at the
Southwest border in fiscal year 2017 was 48,681. In fiscal year
2022, that number stood at 152,057, a 212 percent increase.
Hundreds of thousands of vulnerable children have been
``encountered'', trafficked, and smuggled across the Southwest
border in the 2 years since President Biden took office,
representing hundreds of children every day.
(10) According to CBP, migrant deaths at the Southwest
border of the United States totaled 856 in fiscal year 2022,
the deadliest year on record.
(11) A May 2017 report from Doctors Without Borders
indicated that out of the number of women surveyed, nearly one-
third had been sexually assaulted as they approached the
Southern border.
(12) According to Drug Enforcement Agency statistics, over
50,600,000 fentanyl pills were seized in 2022, including over
10,800 pounds of fentanyl powder; these fentanyl seizures are
enough to kill over 379,000,000 people. Recent data from the
Centers for Disease Control and Prevention indicate that
107,735 Americans died of a drug overdose in the 12-month
period ending July 2022.
(13) Due to rampant drug trafficking at our Southern
border, the leading cause of death for Americans aged 18-45 can
now be attributable to fentanyl overdoses; in 2020 and 2021,
fentanyl was responsible for killing more Americans in this age
group than COVID-19, car accidents, cancer, and suicide.
(14) According to CBP data, in the first five months of
fiscal year 2023, 106,000 pounds of drugs were seized at the
Southwest border, including 11,000 pounds of fentanyl. The
first five months of fiscal year 2023 have seen a 179.3 percent
increase in fentanyl seizures over the same time frame in
fiscal year 2022.
(15) The historic crisis at the Southwest border demands
decisive action on the part of Congress.
SEC. 3. MORATORIUM.
Section 212(f) of the Immigration and Nationality Act (8 U.S.C.
1182) is amended--
(1) by striking ``Whenever'' and inserting ``(1)
Whenever''; and
(2) by adding at the end the following:
``(2)(A) Notwithstanding any other provision of law, if the
average number of apprehensions and findings of inadmissible
aliens documented by U.S. Customs and Border Protection exceeds
an average of 30,000 per month over the most recent 12-month
period, the President shall suspend the entry of covered aliens
until the monthly average number of apprehensions of illegal
aliens is less than 30,000.
``(B) For the purpose of this paragraph, the number of
apprehensions and findings of inadmissible aliens shall be the
total number of U.S. Customs and Border Protection enforcement
actions taken under this Act and section 362 of the Public
Health Service Act.
``(C) In this paragraph, the term `covered alien' means an
alien seeking entry to the United States who is inadmissible
under subsection (a)(6) or subsection (a)(7).''.
<all>
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118HR2738 | Make the Migrant Protection Protocols Mandatory Act of 2023 | [
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"sponsor"
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[
"G000593",
"Rep. Gimenez, Carlos A. [R-FL-28]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2738 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2738
To amend section 235(b)(2)(C) of the Immigration and Nationality Act to
require the implementation of the Migrant Protection Protocols.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Williams of Texas (for himself and Mr. Gimenez) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 235(b)(2)(C) of the Immigration and Nationality Act to
require the implementation of the Migrant Protection Protocols.
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 ``Make the Migrant Protection
Protocols Mandatory Act of 2023''.
SEC. 2. MANDATORY IMPLEMENTATION OF THE MIGRANT PROTECTION PROTOCOLS.
Section 235(b)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(2)(C)) is amended by striking ``may'' and inserting
``shall''.
<all>
</pre></body></html>
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118HR2739 | Quantum Sandbox for Near-Term Applications Act of 2023 | [
[
"O000019",
"Rep. Obernolte, Jay [R-CA-23]",
"sponsor"
],
[
"S001215",
"Rep. Stevens, Haley M. [D-MI-11]",
"cosponsor"
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[
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"cosponsor"
],
[
"H001067",
"Rep. Hudson, Richard [R-NC-9]",
"cosponsor"
],
[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2739
To amend the National Quantum Initiative Act to establish a public-
private partnership for near-term quantum application development and
acceleration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Obernolte (for himself, Ms. Stevens, Mr. Weber of Texas, and Mr.
Hudson) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To amend the National Quantum Initiative Act to establish a public-
private partnership for near-term quantum application development and
acceleration, 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 ``Quantum Sandbox for Near-Term
Applications Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The National Quantum Initiative and its ongoing
activities explore and promote Quantum Information Science.
(2) Continual innovation by the quantum industry of the
United States is critically important.
(3) Quantum and quantum-hybrid applications have the
ability to provide innovative solutions for near-term use cases
across a variety of public and private sector challenges.
(4) Many quantum computers are available via the cloud and
through a dedicated near-term quantum application acceleration
program that is inclusive of the wide variety of quantum
computing technologies will break down barriers to access
quantum computing hardware systems.
(5) Business and consumers of the United States will be
able to see benefits of the innovation through a program
focusing on near-term use of the technology.
(6) Quantum information science is a foundational
technology that is transforming the economy of the 21st
century.
(7) Robust leadership in quantum research and near-term
development will have a great impact on the economic security
of the United States.
(8) Unrivaled excellence in workforce development is key in
developing next generation leaders in quantum applications.
SEC. 3. PUBLIC-PRIVATE PARTNERSHIP FOR QUANTUM APPLICATION DEVELOPMENT
ACCELERATION.
(a) In General.--Title IV of the National Quantum Initiative Act
(15 U.S.C. 8851 et seq.) is amended by adding at the end the following:
``SEC. 405. PUBLIC-PRIVATE PARTNERSHIP FOR QUANTUM APPLICATION
DEVELOPMENT ACCELERATION.
``(a) Definitions.--In this section:
``(1) Quantum applications.--The term `quantum
applications' means algorithms and applications which use
quantum mechanics through quantum processing units. These
applications include quantum computing, quantum communication,
quantum sensing, and quantum-hybrid applications which are
applications that use both quantum computing and classical
computing hardware systems.
``(2) Quantum sandbox.--The term `quantum sandbox' means a
program--
``(A) for innovation and development of
applications using quantum information sciences with a
focus on near-term use cases; and
``(B) that can be used to develop and test
demonstrations, proofs of concepts, and pilot
applications.
``(3) Near-term use case.--The term `near-term use case'
means an application that can be developed and deployed in less
than 24 months.
``(b) Establishment of Quantum Sandbox Required.--The Secretary of
Commerce, in coordination with the Director of the National Institute
of Standards and Technology, shall establish a quantum sandbox through
the establishment of a public-private partnership focused on quantum
computing application development acceleration for quantum, quantum
communication, quantum sensing, and quantum-hybrid computing near-term
use cases.
``(c) Engagement.--As part of the Program and in carrying out
subsection (b), the Secretary shall, acting through the Director of the
National Institute of Standards and Technology, engage with the Quantum
Economic Development Consortium, the National Laboratories (as defined
in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)),
federally funded research and development centers, and other members of
the United States quantum computing and quantum information
ecosystem.''.
(b) Clerical Amendment.--The table of contents of the National
Quantum Initiative Act (15 U.S.C. 8801 et seq.) is amended by adding
after the item relating to section 404 the following new item:
``Sec. 405. Public-private partnership for quantum application
development acceleration.''.
<all>
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118HR274 | To require a report by the Comptroller General of the United States on a national all-hazards disaster insurance program. | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p>This bill requires the Government Accountability Office to report on the feasibility of a national disaster insurance program that covers all hazards.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 274 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 274
To require a report by the Comptroller General of the United States on
a national all-hazards disaster insurance program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To require a report by the Comptroller General of the United States on
a national all-hazards disaster insurance program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NATIONAL ALL-HAZARDS DISASTER INSURANCE PROGRAM.
Not later than 320 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on--
(1) the feasibility and design of a national all-hazards
disaster insurance program;
(2) the risk of property owners continuing to underinsure
or have no insurance on homes and the implications of those
actions on the financial stability of the housing market;
(3) the challenge of developing actuarial tables to
determine premiums and the setting options for premium payments
for disaster declaration policies to be collected annual,
quarterly, or monthly; and
(4) the challenges and feasibility of selling policies at
the same time a property casualty policy is purchased.
<all>
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118HR2740 | To establish an Office of Colonia Affairs within the Department of Agriculture, and for other purposes. | [
[
"E000299",
"Rep. Escobar, Veronica [D-TX-16]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2740 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2740
To establish an Office of Colonia Affairs within the Department of
Agriculture, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Escobar introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To establish an Office of Colonia Affairs within the Department of
Agriculture, 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. ESTABLISHMENT OF OFFICE OF COLONIA AFFAIRS.
Title III of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 is amended by adding after
section 309 (7 U.S.C. 6921) the following:
``SEC. 309A. OFFICE OF COLONIA AFFAIRS.
``(a) In General.--The Secretary of Agriculture shall maintain in
the Office of the Secretary an Office of Colonia Affairs, which shall--
``(1) serve as a resource for colonias and localities that
have colonias by providing information about, and technical
assistance pertaining to, Federal programs and funding sources
applicable to colonias;
``(2) advise the Secretary on matters pertaining to
colonias; and
``(3) carry out such other functions as the Secretary
considers appropriate.
``(b) Reports.--Not less frequently than once every two years, the
Office of Colonia Affairs shall submit to Congress a report that
describes--
``(1) the infrastructure needs of colonias; and
``(2) recommendations for legislative or administrative
action for the following two years.
``(c) Colonia Defined.--In this section, the term `colonia' means
any identifiable community that--
``(1) is in the State of Arizona, California, New Mexico,
or Texas;
``(2) is in the area of the United States within 150 miles
of the border between the United States and Mexico, except that
the term does not include any standard metropolitan statistical
area that has a population exceeding 1,000,000; and
``(3) is determined by the Secretary to be a colonia on the
basis of objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of decent,
safe, and sanitary housing.''.
<all>
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118HR2741 | Coast Guard Authorization Act of 2023 | [
[
"G000546",
"Rep. Graves, Sam [R-MO-6]",
"sponsor"
],
[
"L000560",
"Rep. Larsen, Rick [D-WA-2]",
"cosponsor"
],
[
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"cosponsor"
],
[
"C001112",
"Rep. Carbajal, Salud O. [D-CA-24]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2741 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2741
To authorize and amend authorities, programs, and statutes administered
by the Coast Guard.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr.
Webster of Florida, and Mr. Carbajal) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To authorize and amend authorities, programs, and statutes administered
by the Coast Guard.
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 ``Coast Guard
Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commandant defined.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Shoreside infrastructure and facilities and information
technology.
Sec. 103. Availability of amounts for acquisition of additional vessels
and aircraft.
Sec. 104. Authorization for certain programs and services.
Sec. 105. Fishing vessel safety.
Sec. 106. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Prohibition on use of lead systems integrators.
Sec. 202. Ports and waterways safety.
Sec. 203. Minor construction increase.
Sec. 204. Uniform funding and management system.
Sec. 205. Tsunami evacuation plans.
Sec. 206. Study on Bering Strait vessel traffic projections and
emergency response posture at the Port of
Point Spencer, Alaska.
Sec. 207. Service life extension programs.
Sec. 208. Underwater inspections brief.
Sec. 209. St. Lucie River railroad bridge.
TITLE III--MARITIME
Subtitle A--American Samoa Mariners Act of 2023
Sec. 301. Merchant seamen licenses, certificates, and documents;
manning of vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 311. Revising merchant mariner deck training requirements.
Sec. 312. Technical amendments.
Sec. 313. Renewal of merchant mariner licenses and documents.
Subtitle C--Vessel Safety
Sec. 321. Grossly negligent operations of a vessel.
Sec. 322. Administrative procedure for security risks.
Sec. 323. Requirements for DUKW amphibious passenger vessels.
Subtitle D--Other Matters
Sec. 331. Anchor handling activities.
Sec. 332. Establishment of a national advisory committee on autonomous
maritime systems.
Sec. 333. Controlled substance onboard vessels.
Sec. 334. Nonoperating individual.
Sec. 335. Information on type approval certificates.
Sec. 336. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE IV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 401. Technical and conforming amendments.
SEC. 2. COMMANDANT DEFINED.
In this Act, the term ``Commandant'' means the Commandant of the
Coast Guard.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2022 and 2023'' and inserting ``fiscal years
2024 and 2025'';
(2) in paragraph (1)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $10,750,000,000 for fiscal year 2024; and
``(ii) $11,287,500,000 for fiscal year 2025.'';
(B) in subparagraph (B) by striking ``$23,456,000''
and inserting ``$24,353,000''; and
(C) in subparagraph (C) by striking ``$24,353,000''
and inserting ``$25,570,000'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
``(i) $3,477,600,000 for fiscal year 2024; and
``(ii) $3,477,600,000 for fiscal year 2025.''; and
(B) in subparagraph (B) by striking clauses (i) and
(ii) and inserting the following:
``(i) $20,808,000 for fiscal year 2024; and
``(ii) $20,808,000 for fiscal year 2025.'';
(4) in paragraph (3) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $14,681,084 for fiscal year 2024; and
``(B) $15,415,000 for fiscal year 2025.''; and
(5) by striking paragraph (4) and inserting the following:
``(4) For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title 37,
concurrent receipts, combat-related special compensation, and
payments for medical care of retired personnel and the
dependents of such personnel under chapter 55 of title 10,
$1,147,244 for fiscal year 2024.''.
SEC. 102. SHORESIDE INFRASTRUCTURE AND FACILITIES AND INFORMATION
TECHNOLOGY.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A) of title 14, United States Code--
(1) for fiscal year 2024, $36,300,000 is authorized to
modernize the information technology systems of the Coast
Guard; and
(2) for each of fiscal years 2024 and 2025, $400,000,000 is
authorized to fund maintenance, construction, and repairs for
Coast Guard shoreside infrastructure.
(b) Information Technology Set-Asides.--Of the amounts authorized
under subsection (a)(1), $11,000,000 is authorized to fund the
acquisition, development, and implementation of a new credentialing
system for the merchant mariner credentialing program.
(c) Shoreside Infrastructure.--In addition to the amounts
authorized under subsection (a)(2)--
(1) for the purposes of improvements to facilities at the
United States Coast Guard Training Center Cape May in Cape May,
New Jersey--
(A) for fiscal year 2024--
(i) $130,000,000 is authorized to fund the
construction of a new indoor multipurpose
recruit training facility; and
(ii) $70,000,000 is authorized to fund
Phase II of the barracks' recapitalization; and
(B) for fiscal year 2025, $70,000,000 is authorized
to fund Phase III of the barracks' recapitalization;
(2) for each of fiscal years 2024 and 2025, $30,000,000 is
authorized to fund Phase I construction of a ship handling
facility in the United States Coast Guard Yard in Baltimore,
Maryland; and
(3) for fiscal year 2024, $130,000,000 is authorized to
fund Phase I of the expansion project of Coast Guard Base
Seattle in Seattle, Washington.
SEC. 103. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL VESSELS
AND AIRCRAFT.
Of the amounts authorized to be appropriated under section
4902(2)(A) of title 14, United States Code, for fiscal year 2024--
(1) $400,000,000 is authorized for the acquisition of 4
Fast Response Cutters;
(2) $125,000,000 is authorized for the acquisition or
procurement of an available commercial icebreaker;
(3) $55,000,000 is authorized for the acquisition of a
Great Lakes icebreaker at least as capable as Coast Guard
Cutter Mackinaw (WLBB-30);
(4) $30,500,000 is authorized for the program management,
design, and acquisition of Pacific Northwest heavy weather
boats that are at least as capable as the Coast Guard 52-foot
motor surfboat;
(5) $138,500,000 is authorized for the acquisition or
procurement of 1 missionized HC-130J aircraft; and
(6) $113,000,000 is authorized to outfit and assemble 4 MH-
60T Jayhawk aircraft.
SEC. 104. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, for each of fiscal years
2024 and 2025--
(1) $11,978,000 is authorized to fund additional recruiting
personnel and offices for the Coast Guard Recruiting Command;
and
(2) $9,000,000 is authorized to enhance Coast Guard
recruiting capabilities.
SEC. 105. FISHING VESSEL SAFETY.
Section 4502 of title 46, United States Code, is amended--
(1) in subsection (i)(4) by striking ``fiscal year 2023''
and inserting ``fiscal years 2024 through 2025''; and
(2) in subsection (j)(4) by striking ``fiscal year 2023''
and inserting ``fiscal years 2024 through 2025''.
SEC. 106. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2022 and
2023'' and inserting ``fiscal years 2024 and 2025''; and
(2) in subsection (b) by striking ``fiscal years 2022 and
2023'' and inserting ``fiscal years 2024 and 2025''.
TITLE II--COAST GUARD
SEC. 201. PROHIBITION ON USE OF LEAD SYSTEMS INTEGRATORS.
Section 1105 of title 14, United States Code, is amended by adding
at the end the following:
``(c) Definition.--In this section, the term `lead systems
integrator' has the meaning given such term in section 805(c) of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163).''.
SEC. 202. PORTS AND WATERWAYS SAFETY.
(a) Waterfront Safety.--Section 70011(a) of title 46, United States
Code, is amended--
(1) in paragraph (1) by inserting ``, including damage or
destruction resulting from cyber incidents, transnational
organized crime, or foreign state threats'' after ``adjacent to
such waters''; and
(2) in paragraph (2) by inserting ``or harm resulting from
cyber incidents, transnational organized crime, or foreign
state threats'' after ``loss''.
(b) Regulation of Anchorage and Movement of Vessels During National
Emergency.--Section 70051 of title 46, United States Code, is amended
by inserting ``or cyber incidents, or transnational organized crime, or
foreign state threats,'' after ``threatened war, or invasion, or
insurrection, or subversive activity,''.
SEC. 203. MINOR CONSTRUCTION INCREASE.
Section 903(d)(1) of title 14, United States Code, is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
SEC. 204. UNIFORM FUNDING AND MANAGEMENT SYSTEM.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 955. Contracts to provide or obtain goods and services
``(a) Authority for Uniform Funding and Management.--
``(1) In general.--The Commandant may designate funds
appropriated to the Coast Guard and available for morale, well-
being, and recreation programs and the Coast Guard Exchange
System as nonappropriated funds and expended in accordance with
laws applicable to the expenditures of non-appropriated funds.
``(2) Availability of funds.--Appropriated funds so
designated shall be considered to be nonappropriated funds for
all purposes and shall remain available until expended.
``(b) Conditions on Availability.--Funds appropriated to the Coast
Guard may be made available to support morale, well-being, or
recreation programs and the Coast Guard Exchange System only in amounts
the Commandant deems appropriate and consistent with readiness and
resources.''.
(b) Clerical Amendment.--The analysis for chapter 9 of such title
is amended by inserting after the item relating to section 954 the
following:
``955. Contracts to provide or obtain goods and services.''.
(c) Transfer of Section Text.--
(1) Redesignation.--Section 955 of title 14, United States
Code, (as added by subsection (a)) is amended by redesignating
subsections (a) and (b) as subsection (b) and (c),
respectively.
(2) Transfer.--The section text of section 713 of title 14,
United States Code, is transferred to appear as subsection (a)
of section 955 of such title.
(3) Subsection heading.--Section 955(a) is amended by
striking ``The Coast Guard Exchange System,'' and inserting
``In General.--The Coast Guard Exchange System,''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the date of enactment of an Act providing
appropriations for the Department of Homeland Security that is enacted
after the date of enactment of this Act.
SEC. 205. TSUNAMI EVACUATION PLANS.
(a) Tsunami Evacuation Plans.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commandant, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Federal Emergency
Management Agency, shall establish location specific tsunami
evacuation plans for each unit and sector of the Coast Guard
that has facilities, personnel, or assets located within
areas--
(A) designated by the Administrator of the National
Oceanic and Atmospheric Administration as high risk or
very high risk of a United States tsunami hazard; and
(B) that are located inside a tsunami inundation
zone.
(2) Evacuation plans.--In establishing the evacuation plans
under paragraph (1), the Commandant shall ensure that such
plans--
(A) are included in the emergency action plans for
each unit or sector located inside of a tsunami
inundation zone;
(B) designate an evacuation route to an assembly
area located outside of a tsunami inundation zone;
(C) include a map or diagram of all tsunami
inundation zone evacuation routes;
(D) include evacuation routes for all Coast Guard
personnel and dependents of such personnel living in
Coast Guard housing;
(E) are feasible for all servicemembers and
dependents of such servicemembers present on Coast
Guard property or living in Coast Guard provided
housing;
(F) include procedures to begin evacuations once a
major seismic event is detected;
(G) include evacuation plans for air and water
assets that do not impinge on the safety of human life;
(H) are able to be completely executed within 15
minutes of detection of a seismic event or, if not
possible within 15 minutes, within a reasonable
timeframe;
(I) are able to be completely executed by
servicemembers on foot from any location within the
tsunami inundation zone;
(J) are exercised biennially by each unit and
sector located in a tsunami inundation zone; and
(K) are evaluated by leadership at each unit and
sector located in a tsunami inundation zone annually.
(3) Consultation.--In establishing the evacuation plans
under paragraph (1), the Commandant shall consult local
governments.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate,
and provide a briefing to each such Committee on, a report on--
(1) the status of the implementation and feasibility of the
plans established under subsection (a)(1);
(2) a risk evaluation and vulnerability assessment of the
infrastructure and assets located within tsunami inundation
zones;
(3) the need for vertical evacuation structures for units
and sectors in which an evacuation of a tsunami inundation zone
cannot be completed on foot within 15 minutes of the detection
of a seismic event; and
(4) whether the plans established under subsection (a)(1)
achieve the purpose to protect human life and ensure the
ability for the Coast Guard to provide search and rescue
operations following a tsunami event in the area.
(c) Definitions.--In this section:
(1) Seismic event.--The term ``seismic event'' means an
earthquake, volcanic eruption, submarine landslide, coastal
rockfall, or other event with the magnitude to cause a tsunami.
(2) Tsunami inundation zone.--The term ``tsunami inundation
zone'' means an area of inland flooding modeled, predicted, or
forecasted as a potential result of a tsunami or seismic event.
(3) Vertical evacuation structure.--The term ``vertical
evacuation structure'' means an elevated structure above the
tsunami inundation zone designated as a place of refuge from
flood waters.
SEC. 206. STUDY ON BERING STRAIT VESSEL TRAFFIC PROJECTIONS AND
EMERGENCY RESPONSE POSTURE AT THE PORT OF POINT SPENCER,
ALASKA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall seek to enter into an
agreement with the National Academies of Science, Engineering, and
Medicine, under which the Marine Board of the Transportation Research
Board (in this section referred to as the ``Board'') shall conduct a
study to--
(1) analyze commercial vessel traffic that transits through
the Bering Strait and projections for the growth of such
traffic during the 10-year period beginning after such date of
enactment; and
(2) assess the adequacy of emergency response capabilities
and infrastructure at the Port of Point Spencer, Alaska, to
address navigation safety risks and geographic challenges
necessary to conduct emergency maritime response operations in
the Arctic environment.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the volume and types of domestic and
international commercial vessel traffic through the Bering
Strait and the projected growth of such traffic, including a
summary of--
(A) the sizes, ages, and flag states of vessels;
and
(B) the oil and product tankers that are--
(i) in transit to or from Russia or China;
or
(ii) owned or operated by a Russian or
Chinese entity.
(2) An assessment of the state and adequacy of vessel
traffic services and oil spill and emergency response
capabilities in the vicinity of the Bering Strait, including
its approaches.
(3) A risk assessment of the projected growth in commercial
vessel traffic in the Bering Strait and higher probability of
increased frequency in the number of maritime accidents,
including spill events, and the potential impacts to the Arctic
maritime environment and Native Alaskan village communities in
the vicinity of the Bering Strait.
(4) An evaluation of the ability of the Port of Point
Spencer, Alaska to serve as a port of refuge and as a staging,
logistics, and operations center to conduct and support
maritime emergency and spill response activities.
(5) Recommendations for practical actions that can be taken
by the Congress, Federal agencies, the State of Alaska, vessel
carriers and operators, the marine salvage and emergency
response industry, and other relevant stakeholders to mitigate
risks, upgrade infrastructure, and improve the posture of the
Port of Point Spencer, Alaska, to function as a strategic
staging and logistics center for maritime emergency and spill
response operations in the Bering Strait region.
(c) Consultation.--In conducting the study required under
subsection (a), the Board shall consult with--
(1) the Department of Transportation;
(2) the Corps of Engineers;
(3) the National Transportation Safety Board;
(4) relevant ministries of the government of Canada;
(5) the Port Coordination Council for the Port of Point
Spencer; and
(6) non-government entities with relevant expertise in
monitoring and characterizing vessel traffic in the Arctic.
(d) Report.--Not later than 1 year after initiating the study under
subsection (a), the Board shall submit to the appropriate committees of
Congress a report containing the findings and recommendations of the
study.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) Committee on Transportation and Infrastructure
of the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(3) Port coordination council for the port of point
spencer.--The term ``Port Coordination Council for the Port of
Point Spencer'' means the Council established under section 541
of the Coast Guard Authorization Act of 2015 (Public Law 114-
120).
SEC. 207. SERVICE LIFE EXTENSION PROGRAMS.
(a) In General.--Subchapter II of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Service life extension programs
``(a) In General.--Requirements for a Level 1 or Level 2
acquisition project or program under sections 1131 through 1134 shall
not apply to an acquisition by the Coast Guard that is a service life
extension program.
``(b) Definition.--In this section, the term `service life
extension program' means a capital investment that is solely intended
to extend the service life and address obsolescence of components or
systems of a particular capability or asset.''.
(b) Clerical Amendment.--The analysis for chapter 11 of such title
is amended by inserting after the item relating to section 1137 the
following:
``1138. Service life extension programs.''.
SEC. 208. UNDERWATER INSPECTIONS BRIEF.
Not later than 30 days after the date of enactment of this Act, the
Commandant, or a designated individual, shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
Committee on Commerce, Science, and Transportation of the Senate on the
underwater inspection in lieu of drydock program established under
section 176.615 of title 46, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
SEC. 209. ST. LUCIE RIVER RAILROAD BRIDGE.
Regarding Docket Number USCG-2022-0222, before adopting a final
deviation, the Commandant of the Coast Guard shall conduct an
independent boat traffic study at mile 7.4 of the St. Lucie River.
TITLE III--MARITIME
Subtitle A--American Samoa Mariners Act of 2023
SEC. 301. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS;
MANNING OF VESSELS.
(a) Citizenship or Noncitizen Nationality.--
(1) In general.--Section 7102 of title 46, United States
Code, is amended--
(A) in the section heading by inserting ``or
noncitizen nationality'' after ``Citizenship''; and
(B) by inserting ``or noncitizen nationals (as such
term is described in section 308 of the Immigration and
Nationality Act (8 U.S.C. 1408)'' after ``citizens''.
(2) Clerical amendment.--The analysis for chapter 71 of
title 46, United States Code, is amended by striking the item
relating to section 7102 and inserting the following:
``7102. Citizenship or noncitizen nationality.''.
(b) Citizenship or Noncitizen Nationality Notation on Merchant
Mariners' Documents.--
(1) In general.--Section 7304 of title 46, United States
Code, is amended--
(A) in the section heading by inserting ``or
noncitizen nationality'' after ``Citizenship''; and
(B) by inserting ``or noncitizen national (as such
term is described in section 308 of the Immigration and
Nationality Act (8 U.S.C. 1408)'' after ``citizen''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is amended by striking the item
relating to section 7304 and inserting the following:
``7304. Citizenship or nationalization notation on merchant mariners'
documents.''.
(c) Citizenship or Noncitizen Nationality and Navy Reserve
Requirements.--
(1) In general.--Section 8103 of title 46, United States
Code, is amended--
(A) in the section heading by inserting ``or
noncitizen nationality'' after ``Citizenship'';
(B) in subsection (a) by inserting ``or noncitizen
national'' after ``citizen'';
(C) in subsection (b)--
(i) in paragraph (1)(A)(i) by inserting
``or noncitizen national'' after ``citizen'';
(ii) in paragraph (3) by inserting ``or
noncitizen nationality'' after ``citizenship'';
and
(iii) in paragraph (3)(C) by inserting ``or
noncitizen nationals'' after ``citizens'' each
place it appears;
(D) in subsection (c) by inserting ``or noncitizen
nationals'' after ``citizens'';
(E) in subsection (d)--
(i) in paragraph (1) by inserting ``or
noncitizen nationals'' after ``citizens''; and
(ii) in paragraph (2) by inserting ``or
noncitizen national'' after ``citizen'' each
place it appears;
(F) in subsection (e) by inserting ``or noncitizen
national'' after ``citizen'' each place it appears;
(G) in subsection (i)(1)(A) by inserting ``or
noncitizen national'' after ``citizen'';
(H) in subsection (k)(1)(A) by inserting ``or
noncitizen national'' after ``citizen''; and
(I) by adding at the end the following:
``(l) Noncitizen National Defined.--In this section, the term
`noncitizen national' means an individual described in section 308 of
the Immigration and Nationality Act (8 U.S.C. 1408).''.
(2) Clerical amendment.--The analysis for chapter 81 of
title 46, United States Code, is amended by striking the item
relating to section 8103 and inserting the following:
``8103. Citizenship or noncitizen nationality and Navy Reserve
requirements.''.
(d) Command of Documented Vessels.--Section 12131(a) of title 46,
United States Code, is amended by inserting ``or noncitizen national
(as such term is described in section 308 of the Immigration and
Nationality Act (8 U.S.C. 1408))'' after ``citizen''.
(e) Invalidation of Certificates of Documentation.--Section
12135(2) of title 46, United States Code, is amended by inserting ``or
noncitizen national (as such term is described in section 308 of the
Immigration and Nationality Act (8 U.S.C. 1408))'' after ``citizen''.
Subtitle B--Merchant Mariner Credentialing
SEC. 311. REVISING MERCHANT MARINER DECK TRAINING REQUIREMENTS.
(a) General Definitions.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (20) through (56) as
paragraphs (21) through (57), respectively; and
(2) by inserting after paragraph (19) the following:
``(20) `merchant mariner credential' means a merchant
mariner license, certificate, or document that the Secretary is
authorized to issue pursuant to this title.''.
(b) Examinations.--Section 7116 of title 46, United States Code, is
amended by striking subsection (c).
(c) Merchant Mariners Documents.--
(1) General requirements.--Section 7306 of title 46, United
States Code, is amended to read as follows:
``Sec. 7306. General requirements and classifications for members of
deck departments
``(a) In General.--The Secretary may issue a merchant mariner
credential, to members of the deck department in the following classes:
``(1) Able Seaman-Unlimited.
``(2) Able Seaman-Limited.
``(3) Able Seaman-Special.
``(4) Able Seaman-Offshore Supply Vessels.
``(5) Able Seaman-Sail.
``(6) Able Seaman-Fishing Industry.
``(7) Ordinary Seaman.
``(b) Classification of Credentials.--The Secretary may classify
the merchant mariner credential issued under subsection (a) based on--
``(1) the tonnage and means of propulsion of vessels;
``(2) the waters on which vessels are to be operated; or
``(3) other appropriate standards.
``(c) Considerations.--In issuing the credential under subsection
(a), the Secretary may consider the following qualifications of the
merchant mariner:
``(1) Age.
``(2) Character.
``(3) Habits of life.
``(4) Experience.
``(5) Professional qualifications demonstrated by
satisfactory completion of applicable examinations or other
educational requirements.
``(6) Physical condition, including sight and hearing.
``(7) Other requirements established by the Secretary,
including career patterns and service appropriate to the
particular service, industry, or job functions the individual
is engaged.''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is amended by striking the item
relating to section 7306 and inserting the following:
``7306. General requirements and classifications for members of deck
departments.''.
(3) Able seamen-unlimited.--Section 7307 of title 46,
United States Code, is amended by striking ``3 years''' and
inserting ``18 months'''.
(4) Able seamen-limited.--Section 7308 of title 46, United
States Code, is amended by striking ``18 months''' and
inserting ``12 months'''.
(5) General requirements for members of engine
departments.--Section 7313(b) of title 46, United States Code,
is amended by striking ``and coal passer''.
(6) Training.--Section 7315 of title 46, United States
Code, is amended--
(A) by amending subsection (a) to read as follows:
``(a) Graduation from a nautical school program approved by the
Secretary may be substituted for the service requirements under
sections 7307-7312 and 7314.'';
(B) in subsection (b)--
(i) by striking ``one-third'' and inserting
``one-half''; and
(ii) by striking ``7307-7311 of this
title'' and inserting ``7307-7312 and 7314'';
and
(C) by striking subsection (c).
(d) Merchant Mariner Credentials.--Section 7510 of title 46, United
States Code, is amended by striking subsection (d).
(e) Implementation.--The Secretary of the department in which the
Coast Guard is operating shall implement the amended requirements under
subsections (c)(3), (c)(4), and (c)(6) of this section without regard
to chapters 5 and 6 of title 5, United States Code, and Executive
Orders 12866 and 13563 (5 U.S.C. 601 note).
SEC. 312. TECHNICAL AMENDMENTS.
(a) In General.--The heading for part E of subtitle II of title 46,
United States Code, is amended by striking ``merchant seamen licenses,
certificates, and documents'' and inserting ``merchant mariner
credentials''.
(b) General Requirements and Classifications for Able Seafarers.--
(1) In general.--The section heading for section 7306 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is amended in the item relating
to section 7306 by striking ``seamen'' and inserting
``seafarers''.
(c) Able Seafarers--Unlimited.--
(1) In general.--The section heading for section 7307 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7307 by striking ``seamen'' and inserting
``seafarers''.
(d) Able Seamen--Limited.--
(1) In general.--The section heading for section 7308 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7308 by striking ``seamen'' and inserting
``seafarers''.
(e) Able Seafarers--Special.--
(1) In general.--The section heading for section 7309 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7309 by striking ``seamen'' and inserting
``seafarers''.
(f) Able Seafarers--Offshore Supply Vessels.--
(1) In general.--The section heading for section 7310 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7310 by striking ``seamen'' and inserting
``seafarers''.
(g) Able Seafarers--Sail.--
(1) In general.--The section heading for section 7311 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7311 by striking ``seamen'' and inserting
``seafarers''.
(h) Able Seamen--Fishing Industry.--
(1) In general.--The section heading for section 7311a of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) Clerical amendment.--The analysis for chapter 73 of
title 46, United States Code, is further amended in the item
relating to section 7311a by striking ``seamen'' and inserting
``seafarers''.
(i) Parts E and F.--Parts E and F of subtitle II of title 46,
United States Code, is amended--
(1) by striking ``seaman'' and inserting ``seafarer'' each
place it appears; and
(2) by striking ``seamen'' and inserting ``seafarers'' each
place it appears.
(j) Clerical Amendments.--The analysis for subtitle II of title 46,
United States Code, is amended--
(1) in the item relating to subtitle II by striking
``Seamen'' and inserting ``Seafarer''; and
(2) in the item relating to part E by striking ``merchant
seamen licenses, certificates, and documents'' and inserting
``merchant mariner credentials''.
SEC. 313. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Section 7507 of title 46, United States Code, is amended by adding
at the end the following:
``(d) Renewal.--With respect to any renewal of an active merchant
mariner credential issued under this part that is not an extension
under subsection (a) or (b), such credential shall begin the day after
the expiration of the active credential of the credential holder.''.
Subtitle C--Vessel Safety
SEC. 321. GROSSLY NEGLIGENT OPERATIONS OF A VESSEL.
Section 2302(b) of title 46, United States Code, is amended to read
as follows:
``(b) Grossly Negligent Operation.--
``(1) Misdemeanor.--A person operating a vessel in a
grossly negligent manner that endangers the life, limb, or
property of a person commits a class A misdemeanor.
``(2) Felony.--A person operating a vessel in a grossly
negligent manner that results in serious bodily injury, as
defined in section 1365(h)(3) of title 18--
``(A) commits a class E felony; and
``(B) may be assessed a civil penalty of not more
than $35,000.''.
SEC. 322. ADMINISTRATIVE PROCEDURE FOR SECURITY RISKS.
(a) Security Risk.--Section 7702(d)(1) of title 46, United States
Code, is amended--
(1) in subparagraph (B) by redesignating clauses (i)
through (iv) as subclauses (I) through (IV), respectively;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(3) by striking ``an individual if--'' and inserting the
following: ``an individual--
``(A) if--'';
(4) in subparagraph (A)(ii)(IV), as so redesignated, by
striking the period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(B) if there is probable cause to believe that
the individual has violated company policy and is a
security risk that poses a threat to other individuals
on the vessel.''.
(b) Technical Amendment.--Section 2101(47)(B) of title 46, United
States Code (as so redesignated), is amended by striking ``; and'' and
inserting ``; or''.
SEC. 323. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
Section 11502 of the James H. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in the section header by striking ``dukw amphibious
passenger vessels'' and inserting ``commercial amphibious small
passenger vessels'';
(2) by striking ``DUKW amphibious passenger vessel'' each
place it appears and inserting ``commercial amphibious small
passenger vessel'';
(3) by striking ``DUKW amphibious passenger vessels'' each
place it appears and inserting ``commercial amphibious small
passenger vessels'';
(4) in subsection (h)--
(A) by striking ``Definitions'' and all that
follows through ``The term `appropriate congressional
committees''' and inserting ``Appropriate Congressional
Committees Defined.--In this section, the term
`appropriate congressional committees'''; and
(B) by striking paragraph (2); and
(5) by adding at the end the following:
``(i) Application.--This section shall apply to amphibious vessels
operating as a small passenger vessel in waters subject to the
jurisdiction of the United States, as such term is defined in section
2.38 of title 33, Code of Federal Regulations (or a successor
regulation).''.
Subtitle D--Other Matters
SEC. 331. ANCHOR HANDLING ACTIVITIES.
Section 12111(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by inserting ``or other energy
production or transmission facility, or any vessel engaged in
the launch, recovery, or support of commercial space
transportation or space exploration activities'' after
``drilling unit''; and
(2) in subparagraph (B) by inserting ``or other energy
production or transmission facility, or any vessel engaged in
the launch, recovery, or support of commercial space
transportation or space exploration activities'' after
``drilling unit''.
SEC. 332. ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE ON AUTONOMOUS
MARITIME SYSTEMS.
(a) In General.--Chapter 151 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 15110. Establishment of a national advisory committee on
autonomous maritime systems
``(a) Establishment.--There is established a National Autonomous
Maritime Systems Advisory Committee (in this section referred to as the
`Committee').
``(b) Function.--The Committee shall advise the Secretary on
matters relating to the regulation and use of Autonomous Systems within
the territorial waters of the United States.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 8 members
appointed by the Secretary in accordance with this section and
section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each of the following groups shall
be represented by at least 1 member on the Committee:
``(A) Marine safety or security entities.
``(B) Vessel design and construction entities.
``(C) Entities engaged in the production or
research of unmanned vehicles, including drones,
autonomous or semi-autonomous vehicles, or any other
product or service integral to the provision,
maintenance, or management of such products or
services.
``(D) Port districts, authorities, or terminal
operators.
``(E) Vessel operators.
``(F) National labor unions representing merchant
mariners.
``(G) Maritime pilots.
``(H) Commercial space transportation operators.''.
(b) Clerical Amendments.--The analysis for chapter 151 of title 46,
United States Code, is amended by adding at the end the following:
``15110. Establishment of a national advisory committee on autonomous
maritime systems.''.
(c) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall establish the Committee under section
15110 of title 46, United States Code (as added by this section).
SEC. 333. CONTROLLED SUBSTANCE ONBOARD VESSELS.
Section 70503(a) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``While on board a covered vessel, an individual'' and
inserting ``An individual'';
(2) by amending paragraph (1) to read as follows:
``(1) manufacture or distribute, possess with intent to
manufacture or distribute, or place or cause to be placed with
intent to manufacture or distribute a controlled substance on
board a covered vessel;''; and
(3) in paragraph (2) by inserting ``aboard a covered
vessel'' after ``Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 881(a))''.
SEC. 334. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``2025'' and inserting ``2027''.
SEC. 335. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by adding at
the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``The Commandant of the Coast Guard shall, upon request by any
State, the District of Columbia, or any territory of the United States,
provide all data possessed by the Coast Guard pertaining to challenge
water quality characteristics, challenge water biological organism
concentrations, post-treatment water quality characteristics, and post-
treatment biological organism concentrations data for a ballast water
management system with a type approval certificate approved by the
Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal
Regulations.''.
(b) Clerical Amendment.--The table of contents for the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting after the item relating to section 903 the
following:
``Sec. 904. Information on type approval certificates.''.
SEC. 336. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS,
VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and Crew
Requirement.--Chapter 81 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 8109. Exemptions from manning and crew requirements
``(a) In General.--The Secretary may provide an exemption described
in subsection (b) to the owner or operator of a covered facility if
each individual who is manning or crewing the covered facility is--
``(1) a citizen of the United States;
``(2) an alien lawfully admitted to the United States for
permanent residence; or
``(3) a citizen of the nation under the laws of which the
vessel is documented.
``(b) Requirements for Eligibility for Exemption.--An exemption
under this subsection is an exemption from the regulations established
pursuant to section 302(a)(3) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals manning
or crewing the covered facility who are described in paragraphs
(2) and (3) of subsection (a) may not exceed two and one- half
times the number of individuals required to man or crew the
covered facility under the laws of the nation under the laws of
which the covered facility is documented; and
``(2) shall be effective for not more than 12 months, but
may be renewed by application to and approval by the Secretary.
``(d) Application.--To be eligible for an exemption or a renewal of
an exemption under this section, the owner or operator of a covered
facility shall apply to the Secretary with an application that includes
a sworn statement by the applicant of all information required for the
issuance of the exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered
facility under this section if the Secretary determines
that information provided in the application for the
exemption was false or incomplete, or is no longer true
or complete; and
``(B) shall immediately revoke such an exemption if
the Secretary determines that the covered facility, in
the effective period of the exemption, was manned or
crewed in a manner not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides notice
of a determination under subparagraph (A) or (B) of paragraph
(1) to the owner or operator of the covered facility.
``(f) Review of Compliance.--The Secretary shall periodically, but
not less than once annually, inspect each covered facility that
operates under an exemption under this section to verify the owner or
operator of the covered facility's compliance with the exemption.
During an inspection under this subsection, the Secretary shall require
all crew members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection (e), the
Secretary may impose on the owner or operator of a covered facility a
civil penalty of $10,000 per day for each day the covered facility--
``(1) is manned or crewed in violation of an exemption
under this subsection; or
``(2) operated under an exemption under this subsection
that the Secretary determines was not validly obtained.
``(h) Notification of Secretary of State.--The Secretary shall
notify the Secretary of State of each exemption issued under this
section, including the effective period of the exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
any vessel, rig, platform, or other vehicle or structure, over
50 percent of which is owned by citizens of a foreign nation or
with respect to which the citizens of a foreign nation have the
right effectively to control, except to the extent and to the
degree that the President determines that the government of
such foreign nation or any of its political subdivisions has
implemented, by statute, regulation, policy, or practice, a
national manning requirement for equipment engaged in the
exploring for, developing, or producing resources, including
non-mineral energy resources in its offshore areas.
``(2) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report containing information on
each letter of nonapplicability of section 8109 of title 46,
United States Code, with respect to a covered facility that was
issued by the Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime
Organization number;
(B) the nation in which the covered facility is
documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was previously
issued a letter of nonapplicability in a prior year,
any changes in the information described in
subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations that
specify the documentary and other requirements for the issuance of an
exemption under the amendment made by this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each exemption
under section 30(c)(2) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(c)(2)) issued before the date of the enactment
of this Act--
(A) shall not be affected by the amendments made by
this section during the 120-day period beginning on the
date of the enactment of this Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
notify all persons that hold such an exemption that it will
expire as provided in paragraph (1).
(e) Clerical Amendment.--The analysis for chapter 81 of the title
46, United States Code, is amended by adding at the end the following:
``8109. Exemptions from manning and crew requirements.''.
TITLE IV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 401. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Prohibition on Entry and Operation.--Section 70022(b)(1) of
title 46, United States Code, is amended by striking ``Federal
Register'' and inserting ``the Federal Register''.
(b) Enforcement by State and Local Officers.--Section 70118(a) of
title 46, United States Code, is amended--
(1) by striking ``section 1 of title II of the Act of June
15, 1917 (chapter 30; 50 U.S.C. 191)'' and inserting ``section
70051''; and
(2) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
(c) Chapter 701 Definitions.--Section 70131(2) of title 46, United
States Code, is amended--
(1) by striking ``section 1 of title II of the Act of June
15, 1917 (50 U.S.C. 191)'' and inserting ``section 70051''; and
(2) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
<all>
</pre></body></html>
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118HR2742 | FIGHT Act | [
[
"B001298",
"Rep. Bacon, Don [R-NE-2]",
"sponsor"
],
[
"S001226",
"Rep. Salinas, Andrea [D-OR-6]",
"cosponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"B001300",
"Rep. Barragan, Nanette Diaz [D-CA-44]",
"cosponsor"
],
[... | <p><b>Fighting Inhumane Gambling and High-Risk Trafficking Act or the FIGHT Act</b></p> <p>This bill expands protections of animals provided under the Animal Welfare Act, including by prohibiting any (1) broadcasts from international, interstate, or intrastate sources of animal fighting ventures in the United States or U.S. territories; and (2) shipments or transport of certain mature roosters.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2742 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2742
To amend the Animal Welfare Act to provide for greater protection of
roosters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Bacon (for himself, Ms. Salinas, Mr. Fitzpatrick, Ms. Barragan, Mr.
Mike Garcia of California, Ms. Crockett, Ms. Mace, Mr. Doggett, Mr.
Buchanan, Mr. Amodei, Mr. McGovern, Mr. Carey, Mr. Gooden of Texas, Mr.
Carter of Louisiana, Mr. Kean of New Jersey, Mr. Neguse, Ms. Sanchez,
Ms. Titus, Mr. Quigley, and Mr. Davis of North Carolina) introduced the
following bill; which was referred to the Committee on Agriculture, 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 amend the Animal Welfare Act to provide for greater protection of
roosters, 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 Inhumane Gambling and High-
Risk Trafficking Act'' or the ``FIGHT Act''.
SEC. 2. DEFINITION OF ROOSTER.
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by
adding at the end the following:
``(p) The term `rooster' means any male member of Gallus Domesticus
species older than 6 months.''.
SEC. 3. USE OF POSTAL SERVICE OR OTHER INTERSTATE INSTRUMENTALITY TO
TRANSPORT ROOSTERS.
Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is
amended--
(1) in the subsection heading, by inserting ``or to
Transport Roosters'' after ``Instrumentality'';
(2) by striking ``for purposes of advertising'' and
inserting the following:
``(1) for purposes of advertising'';
(3) by striking ``United States.'' and inserting ``United
States; or''; and
(4) by adding at the end the following:
``(2) to transport a rooster.''.
SEC. 4. ANIMAL FIGHTING VENTURE SIMULCASTING PROHIBITED.
Section 26(a) of the Animal Welfare Act (7 U.S.C. 2156(a)) is
amended--
(1) in the subsection heading by striking ``Sponsoring or
Exhibiting an Animal in, Attending, or Causing an Individual
Who Has Not Attained the Age of 16 To Attend, an Animal
Fighting Venture'' and inserting the following: ``Sponsoring or
Exhibiting an Animal in, Attending, Causing a Minor To Attend,
or Simulcasting an Animal Fighting Venture''; and
(2) by adding at the end the following:
``(3) Animal venture simulcasting.--No person shall
transmit or receive international, interstate or intrastate
simulcasting of an animal fighting venture in the United States
or any territory of the United States.''.
SEC. 5. CIVIL CITIZEN SUITS; SEIZURE.
Section 26(e) of the Animal Welfare Act (7 U.S.C. 2156(e)) is
amended--
(1) by striking ``Investigation of Violations by
Secretary;'' and all that follows through ``The Secretary or
any other person authorized by him'' and inserting the
following:
``(e) Investigations; Civil Citizen Suits.--
``(1) Investigation of violations by secretary; assistance
by other federal agencies; issuance of search warrant;
forfeiture; costs recoverable in forfeiture or civil action.--
The Secretary, or any other person authorized by the
Secretary,''; and
(2) by adding at the end the following:
``(2) Civil citizen suits.--
``(A) In general.--Any person may commence a civil
suit in Federal district court on their own behalf to
enjoin any person who is alleged to be in violation of
any provision of this section.
``(B) Amount of fine.--For any person found to have
violated a provision of this section in any suit
brought pursuant to subparagraph (A), the court may
issue a fine in an amount not greater than $5,000 for
each violation.
``(C) Limitation.--No action may be commenced under
subparagraph (A)--
``(i) prior to 60 days after written notice
of the violation has been given to the
Secretary, and to any alleged violator of any
such provision;
``(ii) if the Secretary has commenced an
action to impose a penalty pursuant to
paragraph (1); or
``(iii) if the United States has commenced,
and is diligently prosecuting, a criminal
action in a court of the United States or a
State to redress a violation of any provision
of this section.
``(D) Jurisdiction.--Any suit under this paragraph
may be brought in the judicial district in which the
violation occurs. In any such suit under this
paragraph, the Attorney General, at the request of the
Secretary, may intervene on behalf of the United States
as a matter of right.
``(E) Attorney's fees.--The court, in issuing any
final order in any suit brought pursuant to
subparagraph (A), may award costs of litigation
(including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award
is appropriate.
``(3) Seizure.--Whoever is found, pursuant to an
investigation under paragraph (1) of this subsection, to have
violated subsection (a)(1) shall, in addition to such penalties
applicable under paragraph (1) of this subsection, be subject
to seizure of all real property, including any right, title,
and interest (including any leasehold interest) in the whole of
any lot or tract of land and any appurtenances or improvements,
which is used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of, a violation of
subsection (a)(1).''.
SEC. 6. TECHNICAL CORRECTIONS.
(a) Agricultural Act of 2014.--Effective as if included in the
enactment of the Agricultural Act of 2014 (Public Law 113-79), section
12308(b)(1) of such Act is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) in paragraph (1)--
``(i) in the heading, by striking `In
General' and inserting `Sponsoring or
Exhibiting'; and
``(ii) by striking `paragraph (2)' and
inserting `paragraph (3)';
``(C) by redesignating paragraph (2) as paragraph
(3); and
``(D) by inserting after paragraph (1) the
following:
```(2) Attending or causing an individual who has not
attained the age of 16 to attend.--It shall be unlawful for any
person to--
```(A) knowingly attend an animal fighting venture;
or
```(B) knowingly cause an individual who has not
attained the age of 16 to attend an animal fighting
venture.'.''.
(b) Animal Welfare Act.--Section 26(h) of the Animal Welfare Act (7
U.S.C. 2156(h)) is amended to read as follows:
``(h) Conflict With State Law.--The provisions of this Act shall
not supersede or otherwise invalidate any such State, local, or
municipal legislation or ordinance relating to animal fighting ventures
except in case of a direct and irreconcilable conflict between any
requirements thereunder and this Act or any rule, regulation, or
standard hereunder.''.
(c) Nonmailable Matter.--Section 3001(a) of title 39, United States
Code, is amended by striking ``title 18,'' and all that follows through
the period at the end and inserting the following: ``title 18, or
section 26 of the Animal Welfare Act, is nonmailable.''.
<all>
</pre></body></html>
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118HR2743 | Fair Access to Banking Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2743 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2743
To amend the Federal Reserve Act to prohibit certain financial service
providers who deny fair access to financial services from using
taxpayer funded discount window lending programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Barr (for himself, Mr. Posey, Mr. Sessions, Mr. Meuser, Mr. Nunn of
Iowa, Mr. Ogles, Mr. DesJarlais, Mr. Bergman, Mr. Bishop of North
Carolina, Mr. Bacon, Mr. Amodei, Mr. Huizenga, Mr. Carter of Georgia,
Mr. Wittman, Mr. Moolenaar, Mr. Timmons, Mr. Hudson, Mr. Fallon, Mr.
Fitzgerald, Mr. Mooney, Mr. Gosar, Mr. Williams of Texas, Ms. Stefanik,
Mrs. Cammack, Mr. Issa, Mr. Reschenthaler, Mrs. Lesko, Mr. Rose, Mr.
Emmer, Mr. Babin, Mr. Clyde, Mr. Wilson of South Carolina, Mr. Walberg,
Mr. Zinke, Mr. Burlison, Mr. Allen, Ms. Van Duyne, Mr. Gimenez, Mr.
Lamborn, Mr. LaMalfa, Mr. Norman, and Mr. Dunn of Florida) introduced
the following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To amend the Federal Reserve Act to prohibit certain financial service
providers who deny fair access to financial services from using
taxpayer funded discount window lending programs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Banking Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) article I of the Constitution of the United States
guarantees the people of the United States the right to enact
public policy through the free and fair election of
representatives and through the actions of State legislatures
and Congress;
(2) financial institutions rightly objected to the
Operation Choke Point initiative through which certain
government agencies pressured financial institutions to cut off
access to financial services to lawful sectors of the economy;
(3) in response to pressure from advocates whose policy
objectives are served when financial institutions deny certain
customers access to financial services, financial institutions
are now, however, increasingly employing subjective, category-
based evaluations to deny certain persons access to financial
services;
(4) this privatization of the discriminatory practices
underlying Operation Choke Point by financial institutions
represents as great a threat to the national economy, national
security, and the soundness of banking and financial markets in
the United States as Operation Choke Point itself;
(5) financial institutions are supported by the United
States taxpayers and enjoy significant privileges in the
financial system of the United States and should not be
permitted to act as de facto regulators or unelected
legislators by withholding financial services to otherwise
credit worthy businesses based on subjective political reasons,
bias or prejudices;
(6) financial institutions are not well-equipped to balance
risks unrelated to financial exposures and the operations
required to deliver financial services;
(7) the United States taxpayers came to the aid for large
financial institutions during the great recession of 2008
because they were deemed too important to the national economy
to be permitted to fail;
(8) when a financial institution predicates the access to
financial services of a person on factors or information (such
as the lawful products a customer manufactures or sells or the
services the customer provides) other than quantitative,
impartial risk-based standards, the financial institution has
failed to act consistent with basic principles of sound risk
management and failed to provide fair access to financial
services;
(9) financial institutions have a responsibility to make
decisions about whether to provide a person with financial
services on the basis of impartial criteria free from prejudice
or favoritism;
(10) while fair access to financial services does not
obligate a financial institution to offer any particular
financial service to the public, or to operate in any
particular geographic area, or to provide a service the
financial institution offers to any particular person, it is
necessary that--
(A) the financial services a financial institution
chooses to offer in the geographic areas in which the
financial institution operates be made available to all
customers based on the quantitative, impartial risk-
based standards of the financial institution, and not
based on whether the customer is in a particular
category of customers;
(B) financial institutions assess the risks posed
by individual customers on a case-by-case basis, rather
than category-based assessment; and
(C) financial institutions implement controls to
manage relationships commensurate with these risks
associated with each customer, not a strategy of total
avoidance of particular industries or categories of
customers;
(11) financial institutions are free to provide or deny
financial services to any individual customer, but first, the
financial institutions must rely on empirical data that are
evaluated consistent with the established, impartial risk-
management standards of the financial institution; and
(12) anything less is not prudent risk management and may
result in unsafe or unsound practices, denial of fair access to
financial services, cancelling, or eliminating certain
businesses in society, and have a deleterious effect on
national security and the national economy.
SEC. 3. PURPOSE.
The purposes of this Act are to--
(1) ensure fair access to financial services and fair
treatment of customers by financial service providers,
including national and State banks, Federal savings
associations, and State and Federal credit unions;
(2) ensure financial institutions conduct themselves in a
safe and sound manner, comply with laws and regulations, treat
their customers fairly, and provide fair access to financial
services;
(3) protect against financial institutions being able to
impede otherwise lawful commerce and thereby achieve certain
public policy goals;
(4) ensure that persons involved in politically unpopular
businesses but that are lawful under Federal law receive fair
access to financial services under the law; and
(5) ensure financial institutions operate in a safe and
sound manner by making judgments and decisions about whether to
provide a customer with financial services on an impartial,
individualized risk-based analysis using empirical data
evaluated under quantifiable standards.
SEC. 4. ADVANCES TO INDIVIDUAL MEMBER BANKS.
(a) Member Banks.--Section 10B of the Federal Reserve Act (12
U.S.C. 347b) is amended by adding at the end the following:
``(c) Prohibition on Use of Discount Window Lending Programs.--No
member bank with more than $100,000,000,000 in total consolidated
assets, or subsidiary of the member bank, may use a discount window
lending program if the member bank or subsidiary refuses to do business
with any person who is in compliance with the law, including section 8
of the Fair Access to Banking Act.''.
(b) Insured Depository Institutions.--Section 8(a)(2)(A) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(a)(2)(A)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by striking the comma at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) an insured depository institution
with more than $100,000,000,000 in total
consolidated assets, or subsidiary of the
insured depository institution, that refuses to
do business with any person who is in
compliance with the law, including section 8 of
the Fair Access to Banking Act.''.
(c) Nonmember Banks, Trust Companies, and Other Depository
Institutions.--Section 13 of the Federal Reserve Act (12 U.S.C. 342) is
amended by inserting ``Provided further, That no such nonmember bank or
trust company or other depository institution with more than
$100,000,000,000 in total consolidated assets, or subsidiary of such
nonmember bank or trust company or other depository institution, may
refuse to do business with any person who is in compliance with the
law, including, including section 8 of the Fair Access to Banking
Act:'' after ``appropriate:''.
SEC. 5. PAYMENT CARD NETWORKS.
(a) Definition.--In this section, the term ``payment card network''
has the meaning given the term in section 921(c) of the Electronic Fund
Transfer Act (15 U.S.C. 1693o-2(c)).
(b) Prohibition.--No payment card network, including a subsidiary
of a payment card network, may, directly or through any agent,
processor, or licensed member of the network, by contract, requirement,
condition, penalty, or otherwise, prohibit or inhibit the ability of
any person who is in compliance with the law, including section 8 of
this Act, to obtain access to services or products of the payment card
network because of political or reputational risk considerations.
(c) Civil Penalty.--Any payment card network that violates
subsection (b) shall be assessed a civil penalty by the Comptroller of
the Currency of not more than 10 percent of the value of the services
or products described in that subsection, not to exceed $10,000 per
violation.
SEC. 6. CREDIT UNIONS.
Section 206(b)(1) of the Federal Credit Union Act (12 U.S.C. 1786)
is amended by inserting ``or is refusing or has refused, or has a
subsidiary that is refusing or has refused, to do business with any
person who is in compliance with the law, including section 8 of the
Fair Access to Banking Act,'' after ``as an insured credit union,''.
SEC. 7. USE OF AUTOMATED CLEARING HOUSE NETWORK.
(a) Definitions.--In this section:
(1) Covered credit union.--The term ``covered credit
union'' means--
(A) any insured credit union, as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(B) any credit union that is eligible to make
application to become an insured credit union under
section 201 of the Federal Credit Union Act (12 U.S.C.
1781).
(2) Member bank.--The term ``member bank'' has the meaning
given the term in the third undesignated paragraph of the first
section of the Federal Reserve Act (12 U.S.C. 221).
(b) Prohibition.--No covered credit union, member bank, or State-
chartered non-member bank with more than $100,000,000,000 in total
consolidated assets, or a subsidiary of the covered credit union,
member bank, or State-chartered non-member bank, may use the Automated
Clearing House Network if that member bank, credit union, or subsidiary
of the member bank or credit union, refuses to do business with any
person who is in compliance with the law, including section 8 of this
Act.
SEC. 8. FAIR ACCESS TO FINANCIAL SERVICES.
(a) Definitions.--In this section:
(1) Bank.--The term ``bank''--
(A) means an entity for which the Office of the
Comptroller of the Currency is the appropriate Federal
banking agency, as defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes--
(i) member banks;
(ii) non-member banks;
(iii) covered credit unions;
(iv) State-chartered non-member banks; and
(v) trust companies.
(2) Covered bank.--
(A) In general.--The term ``covered bank'' means a
bank that has the ability to--
(i) raise the price a person has to pay to
obtain an offered financial service from the
bank or from a competitor; or
(ii) significantly impede a person, or the
business activities of a person, in favor of or
to the advantage of another person.
(B) Presumption.--
(i) In general.--A bank shall not be
presumed to be a covered bank if the bank has
less than $100,000,000,000 in total assets.
(ii) Rebuttable presumption.--
(I) In general.--A bank is presumed
to be a covered bank if the bank has
$100,000,000,000 or more in total
assets.
(II) Rebuttal.--A bank that meets
the criteria under subclause (I) can
seek to rebut this presumption by
submitting to the Office of the
Comptroller of the Currency written
materials that, in the judgement of the
agency, demonstrate the bank does not
meet the definition of covered bank.
(3) Covered credit union.--The term ``covered credit
union'' means--
(A) any insured credit union, as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(B) any credit union that is eligible to make
application to become an insured credit union under
section 201 of the Federal Credit Union Act (12 U.S.C.
1781).
(4) Deny.--The term ``deny'' means to deny or refuse to
enter into or terminate an existing financial services
relationship with a person.
(5) Fair access to financial services.--The term ``fair
access to financial services'' means persons engaged in
activities lawful under Federal law are able to obtain
financial services at banks without impediments caused by a
prejudice against or dislike for a person or the business of
the customer, products or services sold by the person, or
favoritism for market alternatives to the business of the
person. Refusing to provide or continue to provide financial
services to a person because the person engaged in rude or
harassing conduct toward an employee of a bank is not a
violation of this section.
(6) Financial service.--The term ``financial service''
means a financial product or service, including--
(A) commercial and merchant banking;
(B) lending;
(C) financing;
(D) leasing;
(E) cash, asset and investment management and
advisory services;
(F) credit card services;
(G) payment processing;
(H) security and foreign exchange trading and
brokerage services; and
(I) insurance products.
(7) Member bank.--The term ``member bank'' has the meaning
given the term in the third undesignated paragraph of the first
section of the Federal Reserve Act (12 U.S.C. 221).
(b) Requirements.--
(1) In general.--To provide fair access to financial
services, a covered bank (including a subsidiary of a covered
bank), except as necessary to comply with another provision of
law--
(A) shall make each financial service it offers
available to all persons in the geographic market
served by the covered bank on proportionally equal
terms;
(B) may not deny any person a financial service the
covered bank offers unless the denial is justified by
such quantified and documented failure of the person to
meet quantitative, impartial risk-based standards
established in advance by the covered bank;
(C) may not deny, in coordination with or at the
request of others, any person a financial service the
covered bank offers; and
(D) shall, when denying any person financial
services the covered bank offers, provide written
justification to the person explaining the basis for
the denial, including any specific laws or regulations
the covered bank believes are being violated by the
person or customer, if any.
(2) Justification requirement.--A justification described
in paragraph (1)(D) may not be based solely on the reputational
risk to the covered bank.
(c) Cause of Action for Violations of This Section.--
(1) In general.--Notwithstanding any other provision of
law, a person may commence a civil action in the appropriate
district court of the United States against any covered bank
that violates or fails to comply with the requirements under
this Act, for harm that person suffered as a result of such
violation.
(2) No exhaustion.--It shall not be necessary for a person
to exhaust its administrative remedies before commencing a
civil action under this Act.
(3) Damages.--If a person prevails in a civil action under
this Act, a court shall award the person--
(A) reasonable attorney's fees and costs; and
(B) treble damages.
<all>
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118HR2744 | Freedom from Government Competition Act of 2023 | [
[
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"Rep. Bean, Aaron [R-FL-4]",
"sponsor"
],
[
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"Rep. Steube, W. Gregory [R-FL-17]",
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],
[
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"Rep. Barr, Andy [R-KY-6]",
"cosponsor"
],
[
"M001211",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2744 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2744
To require that the Federal Government procure from the private sector
the goods and services necessary for the operations and management of
certain Government agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Bean of Florida (for himself, Mr. Steube, Mrs. Cammack, Mr. Barr,
Mrs. Miller of Illinois, Mr. Alford, Mr. Moylan, and Ms. Foxx)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability
_______________________________________________________________________
A BILL
To require that the Federal Government procure from the private sector
the goods and services necessary for the operations and management of
certain Government agencies, 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 ``Freedom from Government Competition
Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Private sector business concerns, which are free to
respond to the private or public demands of the marketplace,
constitute the strength of the United States economic system.
(2) Competitive private enterprises are the most
productive, efficient, and effective sources of goods and
services.
(3) Unfair Government competition with the private sector
of the economy is detrimental to the United States economic
system.
(4) Unfair Government competition with the private sector
of the economy is at an unacceptably high level, both in scope
and in dollar volume.
(5) Current law and policy have failed to address
adequately the problem of unfair Government competition with
the private sector of the economy.
(6) It is in the public interest that the Federal
Government establish a consistent policy to rely on the private
sector of the economy to provide goods and services necessary
for or beneficial to the operation and management of Federal
agencies and to avoid unfair Government competition with the
private sector of the economy.
SEC. 3. DEFINITIONS.
In this Act, the term ``agency'' means--
(1) an executive department as defined by section 101 of
title 5, United States Code;
(2) a military department as defined by section 102 of such
title; and
(3) an independent establishment as defined by section
104(l) of such title.
SEC. 4. PROCUREMENT FROM PRIVATE SOURCES.
(a) Policy.--In the process of governing, the Federal Government
should not compete with its citizens. The competitive enterprise
system, characterized by individual freedom and initiative, is the
primary source of national economic strength. In recognition of this
principle, it has been and continues to be the general policy of the
Federal Government--
(1) to rely on commercial sources to supply the products
and services the Government needs;
(2) to refrain from providing a product or service if the
product or service can be procured more economically from a
commercial source; and
(3) to utilize Federal employees to perform inherently
governmental functions (as that term is defined in section 5 of
the Federal Activities Inventory Reform Act of 1998 (Public Law
105-270; 112 Stat. 2384)).
(b) General Rule.--Except as provided in subsection (c) and
notwithstanding any other provision of law, each agency shall obtain
all goods and services necessary for or beneficial to the
accomplishment of its authorized functions by procurement from private
sources.
(c) Exemptions.--Subsection (b) shall not apply to an agency with
respect to goods or services if--
(1) the goods or services are required by law to be
produced or performed, respectively, by the agency; or
(2) the head of the agency determines and certifies to
Congress in accordance with regulations promulgated by the
Director of the Office of Management and Budget that--
(A) Federal Government production, manufacture, or
provision of a good or service is necessary for the
national defense or homeland security;
(B) a good or service is so critical to the mission
of the agency or so inherently governmental in nature
that it is in the public interest to require production
or performance, respectively, by Government employees;
or
(C) there is no private source capable of providing
the good or service.
(d) Method of Procurement.--The provision of goods and services not
exempt by subsection (c)(1) or (c)(2) shall be performed by an entity
in the private sector through--
(1) the divestiture of Federal involvement in the provision
of a good or service;
(2) the award of a contract to an entity in the private
sector, using competitive procedures, as defined in section 152
of title 41, United States Code, and section 2302 of title 10,
United States Code; or
(3) conducting a public-private competitive sourcing
analysis in accordance with the procedures established by the
Office of Management and Budget and determining that using the
assets, facilities, and performance of the private sector is in
the best interest of the United States and that production or
performance, respectively, by the private sector provides the
best value to the taxpayer.
(e) Contracted Activities.--The head of an agency may utilize
Federal employees to provide goods or services previously provided by
an entity in the private sector upon completion of a public-private
competitive sourcing analysis described in subsection (d)(3), and after
making a determination that the provision of such goods or services by
Federal employees provides the best value to the taxpayer.
(f) Regulations.--The Director of the Office of Management and
Budget shall promulgate such regulations as the Director considers
necessary to carry out this section. In promulgating such regulations,
the Director shall assure that any State or territory, or political
subdivision of a State or territory, complies with the policy and
implements the requirements of this section when expending Federal
funds.
SEC. 5. STUDY AND REPORT.
The Director of the Office of Management and Budget, after
consultation with the Comptroller General of the United States, shall
carry out a study to evaluate the activities carried out in each
agency, including those identified as commercial and inherently
governmental in nature in the inventory prepared pursuant to the
Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31
U.S.C. 501 note) and shall transmit a report to the Congress prior to
June 30 of each year. The report shall include--
(1) an evaluation of the justification for exempting
activities pursuant to section 4(c); and
(2) a schedule for the transfer of commercial activities to
the private sector, pursuant to section 4(d), to be completed
within 5 years after the date on which such report is
transmitted to the Congress.
<all>
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118HR2745 | HACT Act | [
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"G0005... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2745 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2745
To amend title 28, United States Code, to allow claims against foreign
states for unlawful computer intrusion, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Bergman (for himself, Mr. Neguse, Mr. Crenshaw, Mr. Fitzpatrick,
Mr. Gaetz, Mr. Fallon, Mr. Case, Mr. Vicente Gonzalez of Texas, Mr.
Rogers of Kentucky, Mr. Stanton, Mr. Van Drew, Mr. Veasey, Mr. Guthrie,
Mr. Davidson, Ms. Escobar, Mr. Bacon, Mr. Waltz, Ms. Slotkin, Mr.
Morelle, Mr. Reschenthaler, Ms. Jackson Lee, Mr. Correa, Mr. Cloud, Mr.
C. Scott Franklin of Florida, Mr. Bilirakis, Ms. Sherrill, Mr. Kilmer,
Mr. Kim of New Jersey, Mr. Himes, Mrs. Bice, Mr. Ruiz, Mrs. Watson
Coleman, Ms. Titus, Mr. Steube, Ms. Brown, Mr. Fleischmann, Mr. Payne,
Ms. Houlahan, Mr. DesJarlais, Ms. Garcia of Texas, Mr. Evans, Mr.
Kildee, Mr. Mooney, Ms. Mace, and Mr. Gosar) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to allow claims against foreign
states for unlawful computer intrusion, 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 ``Homeland And Cyber Threat Act'' or
the ``HACT Act''.
SEC. 2. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction of the
courts of the United States or of the States in any case not otherwise
covered by this chapter in which money damages are sought against a
foreign state by a national of the United States for personal injury,
harm to reputation, or damage to or loss of property resulting from any
of the following activities, whether occurring in the United States or
a foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as a
result of such conduct, causes damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Application.--This Act and the amendments made by this Act
shall apply to any action pending on or filed on or after the date of
the enactment of this Act.
<all>
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118HR2746 | Pueblo Jobs Act | [
[
"B000825",
"Rep. Boebert, Lauren [R-CO-3]",
"sponsor"
],
[
"L000564",
"Rep. Lamborn, Doug [R-CO-5]",
"cosponsor"
],
[
"B001297",
"Rep. Buck, Ken [R-CO-4]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2746 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2746
To provide for the closure and disposal of the Pueblo Chemical Depot,
Pueblo County, Colorado.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mrs. Boebert (for herself, Mr. Lamborn, and Mr. Buck) introduced the
following bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide for the closure and disposal of the Pueblo Chemical Depot,
Pueblo County, Colorado.
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 ``Pueblo Jobs Act''.
SEC. 2. CLOSURE AND DISPOSAL OF THE PUEBLO CHEMICAL DEPOT, PUEBLO
COUNTY, COLORADO.
(a) In General.--The Secretary of the Army shall close Pueblo
Chemical Depot in Pueblo County, Colorado (in this section referred to
as the ``Depot''), not later than one year after the completion of the
chemical demilitarization mission in such location in accordance with
the Chemical Weapons Convention Treaty.
(b) Procedures.--The Secretary of the Army shall carry out the
closure and subsequent related property management and disposal of the
Depot, including the land, buildings, structures, infrastructure, and
associated equipment, installed equipment, material, and personal
property that comprise the Chemical Agent-Destruction Pilot Plant, in
accordance with the procedures and authorities for the closure,
management, and disposal of property under the Defense Base Closure and
Realignment Act of 1990, as amended (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
(c) Office of Local Defense Community Cooperation Activities.--The
Office of Local Defense Community Cooperation of the Department of
Defense may make grants and supplement other Federal funds pursuant to
section 2391 of title 10, United States Code, to support closure and
reuse activities of the Depot.
(d) Treatment of Existing Permits.--Nothing in this section shall
be construed to prevent the removal or demolition by the Program
Executive Office, Assembled Chemical Weapons Alternatives of the
Department of the Army of existing buildings, structures,
infrastructure, and associated equipment, installed equipment,
material, and personal property of the Chemical Agent-Destruction Pilot
Plant at the Depot in accordance with the existing Hazardous Waste
Permit Number CO-20-09-02-01 under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) (commonly known as the Resource Conservation and
Recovery Act of 1976) issued by the State of Colorado, or any
associated or follow-on permits under such Act.
(e) Homeless Use.--Given the nature of activities undertaken at the
Chemical Agent-Destruction Pilot Plant at the Depot, such land,
buildings, structures, infrastructure, and associated equipment,
installed equipment, material, and personal property comprising the
Chemical Agent-Destruction Pilot Plant is deemed unsuitable for
homeless use, and in carrying out any closure, management, or disposal
of property under this section, need not be screened for homeless use
purposes pursuant to Section 2905(b)(7) of the Defense Base Closure and
Realignment Act of 1990, as amended (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note).
<all>
</pre></body></html>
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118HR2747 | Sustainable Aviation Fuel Act | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
],
[
"S001190",
"Rep. Schneider, Bradley Scott [D-IL-10]",
"cosponsor"
],
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponsor"
],
[
"B001315",
"Rep. Budzinski, Nikki [D-IL-13]",
"c... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2747 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2747
To support the sustainable aviation fuel market, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Brownley (for herself and Mr. Schneider) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Transportation and Infrastructure,
Armed Services, Science, Space, and Technology, 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 support the sustainable aviation fuel market, 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 ``Sustainable Aviation Fuel Act''.
SEC. 2. NATIONAL GOAL.
It is hereby declared that it is the national goal for the United
States to reach--
(1) a net 35-percent reduction in greenhouse gas emissions
for United States domestic and international aviation flights
by 2035, as compared to 2005; and
(2) net zero greenhouse gas emissions for United States
domestic and international aviation flights by 2050.
SEC. 3. DEFINITIONS.
In this Act:
(1) Sustainable aviation fuel.--The term ``sustainable
aviation fuel'' means liquid fuel consisting of synthesized
hydrocarbons that--
(A) meets the requirements of a Department of
Defense specification for military jet fuel or an
American Society of Testing and Materials specification
for aviation turbine fuel;
(B) is derived from qualified feedstock; and
(C) is certified by the Environmental Protection
Agency Administrator that such fuel--
(i) either--
(I) conforms to the standards,
recommended practices, requirements and
criteria, supporting documents,
implementation elements, and any other
technical guidance for sustainable
aviation fuels that are adopted by the
International Civil Aviation
Organization with the agreement of the
United States; or
(II) meets the definition of
``advanced biofuel'' under section
211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1)), as demonstrated by
compliance with Environmental
Protection Agency implementing
regulations under subpart M of part 80
of title 40, Code of Federal
Regulations; and
(ii) achieves at least a 50-percent
reduction in lifecycle greenhouse gas emissions
compared to conventional jet fuel.
(2) Qualified feedstock.--The term ``qualified feedstock''
means sources of hydrogen and carbon not originating from
unrefined or refined petrochemicals.
(3) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means the combined
greenhouse gas emissions from feedstock production, collection
of feedstock, transportation of feedstock to fuel production
facilities, conversion of feedstock to fuel, transportation and
distribution of fuel, and fuel combustion in an aircraft
engine, as well as from induced land-use change emissions, as
calculated using appropriate modeling techniques approved by a
regulating authority.
(4) Induced land-use change emissions.--The term ``induced
land-use change emissions'' means the greenhouse gas emissions
resulting from the conversion of land to the production of
feedstocks and from the conversion of other land due to the
displacement of crops or animals for which the original land
was previously used, as calculated using appropriate modeling
techniques approved by a regulating authority.
(5) Conventional jet fuel.--The term ``conventional jet
fuel'' means liquid hydrocarbon fuel used for aviation that is
derived or refined from petrochemicals.
SEC. 4. GRANT PROGRAM.
(a) In General.--The Secretary of Transportation, in consultation
with the Administrator of the Environmental Protection Agency, shall
carry out a competitive grant and cost-sharing agreement program for
eligible entities to carry out projects located in the United States to
produce, transport, blend, or store sustainable aviation fuel.
(b) Selection.--In selecting an eligible entity to receive a grant
or cost-share agreement under subsection (a), the Secretary shall
consider--
(1) the anticipated public benefits of a project proposed
by the eligible entity;
(2) the potential to increase the domestic production and
deployment of sustainable aviation fuel;
(3) the potential greenhouse gas emissions from such
project;
(4) the potential for creating new jobs in the United
States;
(5) the potential net greenhouse gas emissions impact of
different feedstocks to produce sustainable aviation fuel on a
lifecycle basis, which shall include potential direct and
indirect greenhouse gas emissions (including resulting from
changes in land use); and
(6) the proposed utilization of non-Federal contributions
by the eligible entity.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $200,000,000 for each of fiscal years 2024 through 2028 to
carry out this section.
(d) Report.--Not later than October 1, 2029, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation and
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives a report describing
the results of the grant program under this section. The report shall
include the following:
(1) A description of the entities and projects that
received grants or other cost-sharing agreements under this
section.
(2) A detailed explanation for why each entity received the
type of funding disbursement such entity did.
(3) A description of whether the program is leading to an
increase in the production and deployment of sustainable
aviation fuels and whether that increase is enough to keep the
United States on track to achieve the goals described in
section 2 of this Act.
(4) A description of the economic impacts resulting from
the funding to and operation of the project.
(e) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means--
(1) a State or local government other than an airport
sponsor;
(2) an air carrier;
(3) an airport sponsor; and
(4) a person or entity engaged in the production,
transportation, blending or storage of sustainable aviation
fuel in the United States or feedstocks in the United States
that could be used to produce sustainable aviation fuel.
SEC. 5. LOW CARBON AVIATION FUEL STANDARD.
(a) Establishment of Low Carbon Aviation Fuel Standard.--Section
211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the
end the following:
``(w) Low Carbon Aviation Fuel Standard.--
``(1) Definitions.--In this subsection:
``(A) Aviation fuel.--The term `aviation fuel'
means fuel that is produced, sold, or dispensed in the
United States, for civil or military purposes, for
turbine-powered aviation.
``(B) Carbon intensity.--The term `carbon
intensity' means the quantity of lifecycle greenhouse
gas emissions per unit of fuel energy.
``(C) Credit exchange.--The term `credit exchange'
means a central marketplace with established rules and
regulations where buyers and sellers meet to conduct
trades.
``(D) Fuel standard.--The term `fuel standard'
means the low carbon fuel standard established under
paragraph (2).
``(2) Establishment.--Not later than 1 year after the date
of enactment of this subsection, the Administrator shall
promulgate regulations to establish a low carbon fuel standard
for aviation fuels that requires a reduction in carbon
intensity for aviation fuels each calendar year such that by
2050, and thereafter, the average carbon intensity of all
aviation fuel used annually in the United States is reduced by
at least 50 percent, as compared to the average carbon
intensity of all aviation fuel used in the United States in
2005.
``(3) Targets.--In promulgating regulations under paragraph
(2), the Administrator shall set a target of a reduction of at
least 20 percent in the average carbon intensity of all
aviation fuel used annually in the United States by 2030, and
of at least 50 percent by 2050, as compared to the average
carbon intensity of all aviation fuel used in the United States
in 2005.
``(4) Requirements.--In promulgating regulations under
paragraph (2), the Administrator shall--
``(A) establish a benchmark for the average carbon
intensity of aviation fuels for each calendar year,
beginning with the first full calendar year that begins
2 years after the date of enactment of this subsection,
suitable to achieving the targets specified in
paragraph (3);
``(B) apply the fuel standard to persons who
produce or import aviation fuel;
``(C) establish procedures for calculating the
carbon intensity of an aviation fuel, expressed in
grams of carbon dioxide equivalent per megajoule, in
accordance with--
``(i) the standards, recommended practices,
requirements and criteria, supporting
documents, implementation elements, and any
other technical guidance for sustainable
aviation fuels that are adopted by the
International Civil Aviation Organization with
the agreement of the United States; and
``(ii) any other more stringent accounting
practices determined by the Administrator to be
the best lifecycle greenhouse gas emission
accounting practices, provided that such
practices account for the aggregate quantity of
greenhouse gas emissions (including direct
emissions and significant indirect emissions
such as significant emissions from land use
changes), as determined by the Administrator,
related to the full fuel lifecycle, including
all stages of fuel and feedstock production and
distribution, from feedstock generation or
extraction through the distribution and
delivery and use of the finished fuel to the
ultimate consumer, where the mass values for
all greenhouse gases are adjusted to account
for their relative global warming potential;
``(D) determine how long the calculation of the
carbon intensity of an aviation fuel (pursuant to the
procedures established under subparagraph (C)), will
remain in effect before needing to be reevaluated;
``(E) allow a person described in subparagraph (B),
who, for a calendar year, produces or imports aviation
fuel--
``(i) that has an average carbon intensity
that is less than the benchmark for average
carbon intensity for that calendar year to,
except as provided in paragraph (8), generate
credits, to be used, or transferred to another
person, to demonstrate compliance with this
subsection; and
``(ii) that has an average carbon intensity
that is greater than the benchmark for average
carbon intensity for that calendar year to
purchase credits to be used to demonstrate
compliance with this subsection;
``(F) determine the--
``(i) appropriate amount of credits
generated and used to demonstrate compliance
pursuant to subparagraph (E);
``(ii) appropriate conditions, if any, on--
``(I) the duration of such credits;
and
``(II) the transfer of such credits
through a credit exchange; and
``(G) consult with all relevant stakeholders,
including aviation industry groups, renewable fuel
industry groups, researchers at institutions of higher
education, labor unions, consumer advocates, and any
other stakeholders the Administrator determines to be
appropriate.
``(5) Consultation.--In carrying out this subsection, the
Administrator shall consult with the Administrator of the
Federal Aviation Administration, the Secretary of Energy, and
the Secretary of Agriculture.
``(6) Coordination with states.--The Administrator shall,
after notice and opportunity for public hearing, waive
application of the fuel standard in any State that has adopted
a standard for aviation fuels that the Administrator determines
is at least as stringent as the fuel standard.
``(7) Revision.--If Congress enacts a standard or similar
law that the Administrator, in consultation with the
Administrator of the Federal Aviation Administration,
determines accomplishes the purposes of the fuel standard for
sectors of the economy that include the aviation sector, the
Administrator may revoke the fuel standard in favor of the
other standard or law.
``(8) Relationship to renewable fuel program.--No credit
may be generated under this subsection with respect to
renewable fuel for which a credit is generated under subsection
(o).
``(9) Report.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall submit to
Congress and make publicly available a report describing--
``(A) the status of the development of the fuel
standard; and
``(B) the considerations the Administrator is using
in developing the fuel standard.''.
(b) Enforcement.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``or (o) of this section or the
regulations'' and inserting ``(o), or (w) of this
section or the regulations'';
(B) by striking ``or (o) of this section or who
fails'' and inserting ``(o), or (w) of this section or
who fails''; and
(C) by striking ``or (o) of this section which
establishes'' and inserting ``(o), or (w) of this
section which establishes''; and
(2) in paragraph (2), by striking ``and (o) of this
section'' each place it appears and inserting ``(o), and (w) of
this section''.
SEC. 6. PROCUREMENT OF SUSTAINABLE AVIATION FUEL BY THE DEPARTMENT OF
DEFENSE.
(a) In General.--Effective October 1, 2025, the Secretary of
Defense shall make a bulk purchase of an amount of sustainable aviation
fuel that is not less than 10 percent of the total amount of aviation
fuel procured for operational purposes (as defined in section 2922h of
title 10, United States Code) if--
(1) the cost of sustainable aviation fuel is competitive
with the fully burdened cost of conventional jet fuel available
for the same purpose; and
(2) the sustainable aviation fuel is refined or produced in
the United States.
(b) Blended Fuel.--If the Secretary of Defense purchases
sustainable aviation fuel that is blended with conventional jet fuel,
the percentage of sustainable aviation fuel in such blend will be
counted towards the percentage described in subsection (a).
(c) Certification.--Before making a purchase under subsection (a),
the Secretary of Defense or the Secretary concerned (as defined in
section 101(a)(9) of title 10, United States Code) shall certify that
the sustainable aviation fuel is suitable for use in aircrafts of the
Department of Defense.
(d) Waiver.--
(1) In general.--Subject to the requirements of paragraph
(2), the Secretary of Defense may waive the requirement under
subsection (a) for reasons of national security, including the
lack of available, qualifying sustainable aviation fuel.
(2) Notice.--Not later than 30 days after issuing a waiver
under this subsection, the Secretary shall submit to the
congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code) notice of the
waiver. Any such notice shall include each of the following:
(A) The rationale of the Secretary for issuing the
waiver.
(B) A certification that the waiver is in the
national security interest of the United States.
(e) Definitions.--The terms ``fully burdened cost'' and
``operational purposes'' have the meanings given such terms,
respectively, in section 2922h of title 10, United States Code.
SEC. 7. FEDERAL AVIATION ADMINISTRATION RESEARCH.
(a) In General.--Section 911(a) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44504 note) is amended--
(1) by striking ``assist in the development'' and inserting
the following:
``(1) assist in the development'';
(2) by striking ``and other'' and inserting ``, other'';
(3) by striking the period and inserting ``, and
sustainable fuel that can be used without the need to blend
with any other type of aviation fuel;''; and
(4) by adding at the end the following:
``(2) promote the efforts of the aviation sector to become
a net-zero greenhouse gas emitting sector;
``(3) study the climate impacts of non-carbon dioxide
greenhouse gas emissions, water vapor, and contrails and ways
to minimize such impacts; and
``(4) develop a methodology for quantifying the non-carbon
dioxide climate impacts of aviation in a lifecycle analysis,
including the benefits of sustainable aviation fuel other than
the reduction in carbon dioxide emissions.''.
(b) Definitions.--Section 911 of such Act is amended by adding at
the end the following:
``(e) Definitions.--In this section:
``(1) Sustainable aviation fuel.--The term `sustainable
aviation fuel' means liquid fuel consisting of synthesized
hydrocarbons that--
``(A) is derived from a qualified feedstock; and
``(B) conforms to the standards, recommended
practices, requirements and criteria, supporting
documents, implementation elements, and any other
technical guidance for sustainable aviation fuels that
are adopted by the International Civil Aviation
Organization with the agreement of the United States.
``(2) Qualified feedstock.--The term `qualified feedstock'
means sources of hydrogen and carbon not originating from
unrefined or refined petrochemicals.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator of the Federal Aviation
Administration $35,000,000 for each of fiscal years 2024 through 2028
to carry out this section.''.
SEC. 8. DEPARTMENT OF ENERGY RESEARCH.
(a) In General.--The Secretary of Energy shall carry out a program
to research the use of cover crops or other crops grown for
conservation purposes rather than for sale in the production of
sustainable aviation fuel.
(b) Collaboration.--In carrying out the program under subsection
(a), the Secretary shall collaborate with the national laboratories,
the Department of Agriculture, and industry partners.
(c) Definitions.--In this section:
(1) Sustainable aviation fuel.--The term ``sustainable
aviation fuel'' means liquid fuel consisting of synthesized
hydrocarbons that--
(A) is derived from a qualified feedstock; and
(B) conforms to the standards, recommended
practices, requirements and criteria, supporting
documents, implementation elements, and any other
technical guidance for sustainable aviation fuels that
are adopted by the International Civil Aviation
Organization with the agreement of the United States.
(2) National laboratory.--The term ``national laboratory''
has the meaning given the term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 9. EXTENSION OF CLEAN FUEL PRODUCTION CREDIT FOR SUSTAINABLE
AVIATION FUEL.
(a) In General.--Section 45Z(g) of the Internal Revenue Code of
1986 is amended to read as follows:
``(g) Termination.--This section shall not apply--
``(1) in the case of transportation fuel which is not
sustainable aviation fuel, to fuel sold after December 31,
2027, and
``(2) in the case of sustainable aviation fuel, to fuel
sold after December 31, 2032.''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel produced after December 31, 2027.
SEC. 10. SUSTAINABLE AVIATION FUEL PRODUCTION PROPERTY ADDED TO ENERGY
CREDIT.
(a) In General.--Section 48 of the Internal Revenue Code of 1986 is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)(i)--
(i) in subclause (VIII), by striking
``and'', and
(ii) by adding at the end the following new
subclause:
``(X) sustainable aviation fuel
production property, and'',
(B) in paragraph (3)(A), by striking ``or'' at the
end of clause (x), inserting ``or'' at the end of
clause (xi), and by adding at the end the following new
clause:
``(xii) sustainable aviation fuel
production property,'', and
(C) by redesignating paragraph (16) as paragraph
(17) and by inserting after paragraph (15) the
following new paragraph:
``(16) Phaseout for sustainable aviation fuel production
property.--In the case of any energy property described in
paragraph (3)(A)(xii) the construction of which begins before
January 1, 2037, the energy percentage determined under
paragraph (2) shall be equal to--
``(A) in the case of any property the construction
of which begins after December 31, 2028, and before
January 1, 2030, 24 percent,
``(B) in the case of any property the construction
of which begins after December 31, 2029, and before
January 1, 2031, 18 percent, and
``(C) in the case of any property the construction
of which begins after December 31, 2030, and before
January 1, 2037, 12 percent.'', and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(9) Sustainable aviation fuel production property.--
``(A) In general.--The term `sustainable aviation
fuel production property' means--
``(i) property which produces sustainable
aviation fuel (as defined in section 40B(d)),
or
``(ii) property directly related to
enabling the production or distribution of
sustainable aviation fuel.
``(B) Recapture of credit.--The Secretary shall, by
regulations, provide for recapturing the benefit of any
credit allowable under subsection (a)(3)(A)(xii) with
respect to any sustainable aviation fuel production
property if the sustainable aviation fuel production of
such property comprises less than 80 percent of the
total fuel production of such property in any of the 5
taxable years immediately following the taxable year in
which such property was placed in service.''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel produced after December 31, 2023.
<all>
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118HR2748 | Contact Lens Prescription Verification Modernization Act | [
[
"B001248",
"Rep. Burgess, Michael C. [R-TX-26]",
"sponsor"
],
[
"B001303",
"Rep. Blunt Rochester, Lisa [D-DE-At Large]",
"cosponsor"
],
[
"E000298",
"Rep. Estes, Ron [R-KS-4]",
"cosponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor... | <p><b>Contact Lens Prescription Verification Modernization Act</b><br> <br> This bill revises the requirements for the verification of prescriptions related to the purchase of contact lenses. Specifically, online sellers of prescription contact lenses must provide consumers with a method to transmit a digital copy of their prescriptions to such sellers. Online sellers also must encrypt protected health information they send by email.<br> <br> Additionally, the bill prohibits any seller of prescription contact lenses from using telephone calls with an artificial or prerecorded voice (i.e., robocalls) to verify a consumer's prescription.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2748 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2748
To amend the Fairness to Contact Lens Consumers Act to modernize
verification of contact lens prescriptions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Burgess (for himself and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Fairness to Contact Lens Consumers Act to modernize
verification of contact lens prescriptions, 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 ``Contact Lens Prescription
Verification Modernization Act''.
SEC. 2. AMENDMENTS.
Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C.
7603) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by moving such redesignated subparagraphs 2 ems
to the right;
(C) by striking ``A seller may'' and inserting
``(1) Sellers generally.--A seller may''; and
(D) by adding at the end the following new
paragraph:
``(2) Online sellers.--An online seller of contact lenses
shall provide a method that enables an individual to
electronically transmit, in accordance with HIPAA privacy
regulation (as defined in section 1180(b)(3) of the Social
Security Act (42 U.S.C. 1320d-9(b)(3))), a copy of a contact
lens prescription for such individual.
``(3) Encryption required.--Any protected health
information (as defined for purposes of the HIPAA privacy
regulation) that an online seller sends pursuant to this
section by email shall be encrypted.'';
(2) in subsection (c)(6), by striking ``and telephone
number'' and inserting the following: ``, telephone number, and
email address''; and
(3) in subsection (g), by striking the period at the end
and inserting the following: ``but does not include a call made
using an artificial or prerecorded voice.''.
<all>
</pre></body></html>
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118HR2749 | Efficient Grid Interconnection Act of 2023 | [
[
"C001066",
"Rep. Castor, Kathy [D-FL-14]",
"sponsor"
],
[
"C001117",
"Rep. Casten, Sean [D-IL-6]",
"cosponsor"
],
[
"P000608",
"Rep. Peters, Scott H. [D-CA-50]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2749
To facilitate the generation and delivery of power from affordable and
reliable renewable generation projects and energy storage projects.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Castor of Florida (for herself, Mr. Casten, and Mr. Peters)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate the generation and delivery of power from affordable and
reliable renewable generation projects and energy storage projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Efficient Grid
Interconnection Act of 2023''.
(b) Definitions.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Energy storage project.--The term ``energy storage
project'' means equipment which receives, stores, and delivers
energy using batteries, compressed air, pumped hydropower,
hydrogen storage (including hydrolysis), thermal energy
storage, regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies identified by
the Secretary of Energy, and which has a capacity of not less
than 5 kilowatt hours.
(3) Generation project.--The term ``generation project''
means any facility--
(A) that generates electricity; and
(B) the interconnection request of which is subject
to the jurisdiction of the Commission.
(4) Generator tie line.--The term ``generator tie line''
means a dedicated transmission line that is used to transmit
power from a generation project or an energy storage project to
a transmission facility or a transmission system.
(5) Grid enhancing technology.--The term ``grid enhancing
technology'' means any technology or equipment that increases
the capacity, efficiency, or reliability of a transmission
facility or transmission system, including--
(A) power flow control and transmission switching
equipment;
(B) energy storage technology;
(C) topology optimization technology;
(D) dynamic line rating technology; and
(E) other advanced transmission technologies, such
as composite reinforced aluminum conductors or high
temperature superconductors.
(6) Interconnection customer.--The term ``interconnection
customer'' means a person or entity that has submitted a
request to interconnect a generation project or an energy
storage project that is subject to the jurisdiction of the
Commission to the owner or operator of a transmission facility
or a transmission system.
(7) Network upgrade.--The term ``network upgrade'' means--
(A) any modification of, addition to, or expansion
of any transmission facility or transmission system;
(B) the construction of a new facility that will
become part of a transmission system;
(C) the addition of an energy storage project to a
transmission facility or a transmission system; and
(D) any construction, deployment, or addition of
grid enhancing technology to a transmission facility or
a transmission system that eliminates or reduces the
need to carry out any of the activities described in
subparagraphs (A) through (C).
(8) Participant funding.--The term ``participant funding''
means any cost allocation method under which an interconnection
customer is required to pay, without reimbursement, all or a
disproportionate amount of the costs of a network upgrade that
is determined to be necessary to ensure the reliable
interconnection of the interconnection customer's generation
project or energy storage project.
(9) Public utility.--The term ``public utility'' has the
meaning given such term in section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)).
(10) Renewable generation project.--The term ``renewable
generation project'' means a generation project that generates
electricity from a renewable energy resource, including wind,
solar, geothermal, and hydropower.
(11) Regional transmission organization; independent system
operator.--The terms ``Regional Transmission Organization'' and
``Independent System Operator'' have the meanings given such
terms in section 3 of the Federal Power Act (16 U.S.C. 796).
(12) Transmission system.--The term ``transmission system''
means a network of transmission facilities used for the
transmission of electric energy in interstate commerce.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in much of the United States renewable generation
projects and energy storage projects face unfair and
inefficient barriers to Commission-jurisdictional
interconnection with the electric grid;
(2) legislation is needed to accelerate the timely and
efficient interconnection of renewable generation projects and
energy storage projects, and to ensure that individual
interconnection customers are not forced to bear
disproportionate amounts of shared network upgrade costs;
(3) network upgrades required to be constructed to
interconnect renewable generation projects and energy storage
projects benefit all transmission system customers as well as
parties that receive power delivered over such transmission
systems;
(4) the practice of exclusive or disproportionate
participant funding, whereby the costs of network upgrades are
assigned solely or disproportionately to individual
interconnection customers, is unduly discriminatory, harmful to
consumers, and not in the public interest;
(5) in certain cases, the deployment of grid enhancing
technologies can substitute for, and thereby reduce the need
for, time required, or cost to construct, a traditional
transmission upgrade or addition, such as modifying or adding a
conductor or substation element, that otherwise would be
required to interconnect a new generation project or energy
storage project;
(6) by reducing the need for, and the time necessary to
construct, a traditional transmission upgrade or addition, such
as modifying or adding a conductor or substation element, the
deployment of grid enhancing technologies would facilitate
timely, efficient, and cost-effective interconnections, and the
renewable generation projects and energy storage projects
dependent on those interconnections, and the delivery of clean
and reliable electricity produced by those projects; and
(7) collectively, the development and construction of
renewable generation projects, energy storage projects, and
grid enhancing technologies should create tens of thousands of
family-sustaining jobs, facilitate rural economic development,
enhance Federal and State tax revenues, and further the timely
and cost-effective delivery of clean, affordable, and reliable
electricity.
SEC. 3. EQUITABLE COST ALLOCATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue a new regulation, or
revise existing regulations, to prohibit the use of exclusive or
disproportionate participant funding.
(b) Allocation of Costs.--
(1) In general.--In prohibiting the use of exclusive or
disproportionate participant funding under subsection (a), the
Commission shall, except as provided in paragraph (4), require
that each public utility--
(A) may not allocate the costs of a network upgrade
solely to the requesting interconnection customer; and
(B) shall reasonably allocate such costs to parties
that--
(i) use the transmission facility or the
transmission system;
(ii) take electricity from the transmission
facility or the transmission system; or
(iii) otherwise benefit from a network
upgrade of the transmission facility or the
transmission system.
(2) Interconnection to multiple transmission systems.--With
respect to a network upgrade that is associated with a
generation project or an energy storage project that has a
significant impact on two or more transmission systems, the
costs for such a network upgrade shall be allocated pursuant to
a methodology designed jointly by the impacted transmission
systems to ensure that all such costs are equitably shared by
the parties that benefit from such network upgrade.
(3) Determination of benefitting parties.--In determining
which parties benefit for purposes of paragraph (1)(B)(iii) and
paragraph (2), the Commission shall consider all material
benefits of the network upgrade, including--
(A) those that cannot be directly quantified,
including resilience benefits; and
(B) environmental benefits, including reduced and
avoided emissions of greenhouse gases and conventional
air pollutants.
(4) Generator tie lines.--A public utility may require an
interconnection customer to pay for the costs of construction
of any generator tie lines that will be used to transmit power
from the interconnection customer's generation project or
energy storage project, as applicable, to the transmission
facility or the transmission system.
(5) Voluntary payment.--
(A) In general.--An interconnection customer may
pay upfront some or all of the costs of a network
upgrade at the transmission facility or transmission
system to which they plan to interconnect their
generation project or energy storage project in
accordance with subparagraph (B).
(B) Repayment.--Any interconnection customer that
pays costs under subparagraph (A) shall be refunded
such costs allocable to other parties pursuant to the
Commission's regulations issued or revised under this
section, over a period that is not longer than 10 years
beginning on the date on which the interconnection
customer's interconnection is complete.
(6) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under subsection (a), each public
utility shall make a filing pursuant to section 205 of the
Federal Power Act (16 U.S.C. 824d) to amend their
interconnection procedures to comply with such regulations.
SEC. 4. DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES.
Not later than 180 days after the date of enactment of this Act,
the Commission shall issue a new regulation, or revise existing
regulations, to require the following:
(1) Consultation.--
(A) In general.--With respect to processing a
request to interconnect a generation project or an
energy storage project, the Regional Transmission
Organization, Independent System Operator, or
transmission planning coordinator, as applicable,
shall--
(i) consult with the relevant owner of the
transmission facility or transmission system,
and the interconnection customer, regarding
deploying grid enhancing technology in addition
to, or as a substitute to, carrying out a
traditional transmission upgrade or addition,
such as modifying or adding a conductor or
substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(B) Unconnected transmission facilities.--With
respect to a request to interconnect a generation
project or an energy storage project to a transmission
facility that is not connected to a transmission
system, the owner or operator of such a facility
shall--
(i) consult with the interconnection
customer regarding deploying grid enhancing
technology in addition to, or as a substitute
to, carrying out a traditional transmission
upgrade or addition, such as modifying or
adding a conductor or substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(2) Deployment.--
(A) In general.--An interconnection customer that
is consulted with under paragraph (1) may request that
grid enhancing technology that was the subject of such
consultation be deployed.
(B) Determination.--The owner of the transmission
facility or transmission system to which such
technology would be deployed shall determine whether to
deploy such technology, subject to an appeal under
subparagraph (C).
(C) Appeal.--
(i) In general.--An interconnection
customer that requests deployment of grid
enhancing technology under subparagraph (A) may
submit to the Commission a request for a
hearing to appeal the decision under
subparagraph (B) to not deploy grid enhancing
technology.
(ii) Effect of appeal.--After a hearing
under clause (i), the Commission may order the
owner of the transmission facility or
transmission system to deploy the grid
enhancing technology requested under
subparagraph (A).
(3) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under this section, each public utility
shall make a filing pursuant to section 205 of the Federal
Power Act (16 U.S.C. 824d) to amend their interconnection
procedures to comply with such regulations.
<all>
</pre></body></html>
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118HR275 | FRIENDS Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><strong>First Responder Identification of Emergency Needs in Disaster Situations or the FRIENDS Act</strong></p> <p>This bill directs the Government Accountability Office (GAO) to submit a report that describes select state and local programs and policies related to the preparedness and protection of first responders, which may include information on</p> <ul> <li>the degree to which such programs and policies include consideration of the presence of a first responder's family in an area impacted by a terrorist attack,</li> <li>the availability of personal protective equipment for first responders, and </li> <li>the availability of home Medkits for first responders and their families for biological incident response.</li> </ul> <p>The GAO may provide information (1) in a format that delineates high risk urban areas from rural communities; and (2) on the degree to which the selected state and local programs and policies were developed or are being executed with funding from the Department of Homeland Security (DHS), including grants from the State Homeland Security Grant Program or the Urban Area Security Initiative.</p> <p>DHS shall consider the report's findings and assess its applicability for federal first responders.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 275 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 275
To require the Secretary of Homeland Security to submit a study on the
circumstances which may impact the effectiveness and availability of
first responders before, during, or after a terrorist threat or event,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure, and in addition to
the Committee on 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 require the Secretary of Homeland Security to submit a study on the
circumstances which may impact the effectiveness and availability of
first responders before, during, or after a terrorist threat or event,
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 ``First Responder Identification of
Emergency Needs in Disaster Situations Act'' or the ``FRIENDS Act''.
SEC. 2. CIRCUMSTANCES WHICH MAY IMPACT FIRST RESPONDERS DURING A
TERRORIST EVENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Homeland Security and Transportation
and Infrastructure of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report that
describes select State and local programs and policies, as appropriate,
related to the preparedness and protection of first responders. The
report may include information on the following:
(1) The degree to which such programs and policies include
consideration of the presence of a first responder's family in
an area impacted by a terrorist attack.
(2) The availability of personal protective equipment for
first responders.
(3) The availability of home Medkits for first responders
and their families for biological incident response.
(4) Other related factors.
(b) Context.--In preparing the report required under subsection
(a), the Comptroller General of the United States may, as appropriate,
provide information--
(1) in a format that delineates high risk urban areas from
rural communities; and
(2) on the degree to which the selected State and local
programs and policies included in such report were developed or
are being executed with funding from the Department of Homeland
Security, including grant funding from the State Homeland
Security Grant Program or the Urban Area Security Initiative
under sections 2002 and 2003, respectively, of the Homeland
Security Act of 2002 (6 U.S.C. 603 and 604).
(c) Homeland Security Consideration.--After issuance of the report
required under subsection (a), the Secretary of Homeland Security shall
consider such report's findings and assess its applicability for
Federal first responders.
<all>
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118HR2750 | Enhancing Electric Grid Resilience Act | [
[
"C001066",
"Rep. Castor, Kathy [D-FL-14]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2750 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2750
To amend the Federal Power Act to authorize the allocation of the costs
of certain interstate electric power transmission lines and electric
power transmission lines that are located offshore, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Castor of Florida introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to authorize the allocation of the costs
of certain interstate electric power transmission lines and electric
power transmission lines that are located offshore, 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 ``Enhancing Electric Grid Resilience
Act''.
SEC. 2. ALLOCATION OF COSTS OF CERTAIN TRANSMISSION FACILITIES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. ALLOCATION OF COSTS OF CERTAIN TRANSMISSION FACILITIES.
``(a) Allocation of Costs.--
``(1) In general.--Any entity that proposes to own,
control, or operate a transmission facility of national
significance may file a tariff with the Commission in
accordance with section 205 and the regulations of the
Commission allocating the costs of such transmission facility
of national significance.
``(2) Cost causation principle.--The Commission shall
require that any tariff filed under paragraph (1) allocate the
costs of a transmission facility of national significance to
customers within the applicable transmission planning region or
regions in a manner that is at least roughly commensurate with
the estimated anticipated benefits described in paragraph (3).
``(3) Cost allocation principle.--The Commission shall
require that any tariff filed under paragraph (1) allocate
costs based on the broad range of reliability, economic, public
policy, resilience, and other reasonably anticipated benefits
of the applicable transmission facility of national
significance.
``(b) Transmission Facility of National Significance.--In this
section, the term `transmission facility of national significance'
means--
``(1) an interstate electric power transmission line (and
any facilities necessary for the operation of such electric
power transmission line) or an electric power transmission line
that is located offshore (and any facilities necessary for the
operation of such electric power transmission line)--
``(A) that has a transmission capacity of not less
than 1,000 megawatts; and
``(B) the construction of which is completed on or
after the date of enactment of this section; or
``(2) an expansion of, or upgrade to, an interstate
electric power transmission line (and any facilities necessary
for the operation of such electric power transmission line) or
an electric power transmission line that is located offshore
(and any facilities necessary for the operation of such
electric power transmission line) that--
``(A) increases the transmission capacity of such
electric power transmission line by at least 500
megawatts; and
``(B) is completed on or after the date of
enactment of this section.
``(c) Savings Provision.--This section does not affect the
authority of the Commission to approve the allocation of costs of
transmission facilities other than transmission facilities of national
significance.''.
<all>
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118HR2751 | Community Solar Consumer Choice Act of 2023 | [
[
"C001066",
"Rep. Castor, Kathy [D-FL-14]",
"sponsor"
],
[
"V000081",
"Rep. Velazquez, Nydia M. [D-NY-7]",
"cosponsor"
],
[
"B001278",
"Rep. Bonamici, Suzanne [D-OR-1]",
"cosponsor"
],
[
"C001117",
"Rep. Casten, Sean [D-IL-6]",
"cosponsor"
],
[
"H... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2751 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2751
To require the Secretary of Energy to establish a program to increase
participation in community solar programs and the receipt of associated
benefits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Castor of Florida (for herself, Ms. Velazquez, Ms. Bonamici, Mr.
Casten, Mr. Huffman, Ms. Barragan, Ms. Norton, Ms. Clarke of New York,
Mr. Krishnamoorthi, and Ms. Brownley) introduced the following bill;
which was referred to the Committee on Energy and Commerce, 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 require the Secretary of Energy to establish a program to increase
participation in community solar programs and the receipt of associated
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 ``Community Solar Consumer Choice Act
of 2023''.
SEC. 2. COMMUNITY SOLAR CONSUMER CHOICE PROGRAM; FEDERAL GOVERNMENT
PARTICIPATION IN COMMUNITY SOLAR.
(a) Establishment of Community Solar Consumer Choice Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program
to increase access to community solar programs for--
(A) individuals, particularly individuals that do
not have regular access to onsite solar, including low-
and moderate-income individuals;
(B) businesses;
(C) nonprofit organizations; and
(D) States and local and Tribal governments.
(2) Alignment with existing federal programs.--The
Secretary shall align the program established under paragraph
(1) with existing Federal programs that serve low-income
communities.
(3) Assistance to state and local governments.--In carrying
out the program established under paragraph (1), the Secretary
shall--
(A) provide technical assistance to States and
local and Tribal governments for projects to increase
access to community solar programs;
(B) assist States and local and Tribal governments
in the development of new and innovative financial and
business models that leverage competition in the energy
marketplace in order to serve subscribers; and
(C) use National Laboratories to collect and
disseminate data to assist private entities in the
financing of, subscription to, and operation of
community solar facilities and community solar
programs.
(b) Federal Government Participation in Community Solar Programs.--
The Secretary shall, to the extent practicable, expand the existing
grant, loan, and financing programs of the Department of Energy to
include community solar programs.
(c) Definitions.--In this section:
(1) Community solar facility; community solar program;
subscriber.--The terms ``community solar facility'',
``community solar program'', and ``subscriber'' have the
meanings given such terms in section 111(d)(22) of the Public
Utility Regulatory Policies Act of 1978 (as added by section 3
of this Act).
(2) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(22) Community solar programs.--
``(A) In general.--Each electric utility shall
offer a community solar program that provides all
ratepayers, including low-income ratepayers, equitable
and demonstrable access to such community solar
program.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) The term `community solar facility'
means a solar photovoltaic system that--
``(I) allocates electricity to
multiple electric consumers of an
electric utility;
``(II) is connected to local
distribution infrastructure of the
electric utility;
``(III) is located either on or off
the property of one or more
subscribers; and
``(IV) may be owned by an electric
utility, one more subscribers, or a
third party.
``(ii) The term `community solar program'
means a service provided to any electric
consumer that the electric utility serves
through which the value of electricity
generated by a community solar facility may be
used to offset charges billed to the electric
consumer by the electric utility.
``(iii) The term `subscriber' means an
electric consumer who participates in a
community solar program.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (22) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (22) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(i) by striking ``subsection (b)(2)'' and
inserting ``subsection (b)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (22) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (22).''.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended by adding at the end the following:
``(i) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (22) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) is amended by adding at the end the following:
``In the case of the standard established by paragraph
(22) of section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (22).''.
SEC. 4. FEDERAL CONTRACTS FOR PUBLIC UTILITY SERVICES.
Section 501(b)(1) of title 40, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B) Public utility contracts.--A contract under
this paragraph for public utility services may be for a
period of not more than 30 years.''.
<all>
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118HR2752 | First Rhode Island Regiment Congressional Gold Medal Act | [
[
"C001084",
"Rep. Cicilline, David N. [D-RI-1]",
"sponsor"
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[
"M001223",
"Rep. Magaziner, Seth [D-RI-2]",
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[
"W000795",
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]
] | <p><strong>First Rhode Island Regiment Congressional Gold Medal Act</strong></p> <p>This bill provides for the award of a single Congressional Gold Medal to the First Rhode Island Regiment, collectively, in recognition of their dedicated service during the Revolutionary War.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2752 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2752
To award a Congressional Gold Medal, collectively, to the First Rhode
Island Regiment, in recognition of their dedicated service during the
Revolutionary War.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Cicilline (for himself, Mr. Magaziner, Mr. Lawler, and Mr. Wilson
of South Carolina) introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal, collectively, to the First Rhode
Island Regiment, in recognition of their dedicated service during the
Revolutionary War.
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 ``First Rhode Island Regiment
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the winter at Valley Forge, from 1777-1778, the
Continental Army had difficulty recruiting the necessary quotas
of men set by the Congress.
(2) At the same time, the State of Rhode Island was ordered
to supply two battalions while faced with the occupation of the
City of Newport by the British.
(3) In January 1778, at the urging of Brigadier General
James Varnum, General George Washington wrote to Governor
Nicholas Cooke of the State of Rhode Island requesting
assistance recruiting men for the Continental Line.
(4) On February 14, 1778, the Rhode Island General Assembly
voted to allow the enlistment of ``every able-bodied negro,
mulatto, or Indian man slave''.
(5) In addition, the Rhode Island General Assembly provided
that any enlisted slave ``upon his passing muster before
Colonel Christopher Greene, be immediately discharged from the
service of his master or mistress, and be absolutely free as
though he had never been incumbered and be incumbered with any
kind of servitude or slavery''.
(6) As a result, between February 1778 and June 1778,
Colonel Christopher Greene, Lt. Colonel Jeremiah Olney and
Major Samuel Ward recruited almost 200 men of African heritage
and Indigenous descent who formed the core of the First Rhode
Island Regiment.
(7) The First Rhode Island Regiment became among the first
units in American History in which men of every race and
ethnicity were recruited to serve.
(8) On August 28, 1778, at the Battle of Rhode Island,
following an attempted siege of British-occupied Newport along
with the newly allied French fleet, the First Rhode Island
Regiment acted heroically in holding back Hessian forces and
causing them to retreat.
(9) During the Battle of Rhode Island, the First Rhode
Island Regiment's losses included three killed, nine wounded
and eleven missing soldiers.
(10) Soldiers of color from the First Rhode Island Regiment
continued to fight bravely to win American independence for
five more years in an integrated Rhode Island Regiment that
included men of African, European, and Indigenous descent.
(11) On December 25, 1783, the last Rhode Island soldiers
were discharged at Saratoga, New York.
(12) Their commander, Colonel Jeremiah Olney, praised the
Regiment for ``faithfully preserving in the best of causes, in
every stage of service, with unexampled fortitude and patience
through all the danger and toils of a long and severe war''.
(13) Afterwards, some veterans of the First Rhode Island
Regiment had to consistently resist efforts at re-enslavement
and fought for back wages from the Rhode Island General
Assembly.
(14) According to the Rhode Island State Archives, the
First Rhode Island Regiment included at least the following
soldiers: Babcock, Priamus (Primus); Bent, Prince; Bours, Cato;
Brown, Priamus (Primus); Burk, Africa; Burroughs, John;
Carpenter, Cudgo; Champlin, Dick; Champlin, Jack; Champlin,
July; Champlin, Newport; Champlin, Sharper; Champlin, York;
Clark, James; Coddington, Jack; Fones, Jack; Gardner, Cuff;
Gardner, Hercules; Gardner, Minkl; Gardner, Preamus (Primus);
Gardner, Rutter; Gray, Ebenezer; Green, Cuff; Greene, Cato;
Greene, Jack; Greene, Pero; Greene, William; Hammond, Prince;
Harriss, Cesar; Hazard, Backus; Hazard, Jabin; Hazard, Jacob;
Hazard, Peter; Hazard, Peter; Lefavour, Thom; Mason, Warsen;
Mawney, Cyrus; Minturn, Jack; Mowrey, Pero; Nichols, Thomas;
Perry, Ganset; Phillips, Philow; Pierce, Titus; Potter, David;
Randall, Prince; Rhodes, Bristol; Rhodes, Priamus; Rhodes,
Richard; Rhodes, Samuel; Richmond, Ebenezer; Robinson, Mingo;
Rodman, Isaac; Rodman, Mingo; Rodman, Prince; Rose, Cesar;
Saltonstall, Brittain; Saunders, Sampson; Sheldon, Cesar;
Slave; Slave; Smith, Juba; Sweeling, Query; Talbot, Sigby;
Tanner, Quam; Tillinghast, Cuff; Updike, Cesar; Updike, Moses;
Vaughan, Prince; Vernon, Cato; Watson, Fortune; Wells, Cesar;
Wickes, Nat; and Willbour, Boston.
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 the Congress, of a single gold
medal of appropriate design to the First Rhode Island Regiment,
collectively in recognition of their dedicated service during the
Revolutionary War.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Rhode Island State Library.--
(1) In general.--Following the award of the gold medal in
honor of the First Rhode Island Regiment of the Revolutionary
War under subsection (a), the gold medal shall be given to the
Rhode Island State Library, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Rhode Island State Library should make the gold medal
received under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
First Rhode Island Regiment of the Revolutionary War.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3, at a price sufficient to cover the costs
of the medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--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
under this Act.
(b) Proceeds of Sale.--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>
</pre></body></html>
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118HR2753 | Firearms Retailer Code of Conduct Act of 2023 | [
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[
"N0001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2753 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2753
To require federally licensed firearms manufacturers, importers, and
dealers and their employees to undergo training to be eligible to sell
a firearm, to require a notice to be posted at retail firearms
locations that describes the signs of unlawful firearms purchases, to
require such licensees to maintain physical security elements to
prevent theft and a minimum level of business liability insurance, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Crow (for himself, Mr. Auchincloss, Ms. Dean of Pennsylvania, Ms.
Kelly of Illinois, Ms. Norton, Ms. Scanlon, Mr. Schiff, Mr. Swalwell,
Ms. Pettersen, and Ms. DeGette) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require federally licensed firearms manufacturers, importers, and
dealers and their employees to undergo training to be eligible to sell
a firearm, to require a notice to be posted at retail firearms
locations that describes the signs of unlawful firearms purchases, to
require such licensees to maintain physical security elements to
prevent theft and a minimum level of business liability insurance, 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 ``Firearms Retailer Code of Conduct
Act of 2023''.
SEC. 2. CODE OF CONDUCT FOR FIREARMS MANUFACTURERS, IMPORTERS, AND
DEALERS.
(a) In General.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m)(1)(A) The Attorney General shall annually make available to
each licensed importer, licensed manufacturer, and licensed dealer, and
each employee of such a licensee who is authorized to engage in the
transfer of firearms or ammunition in the course of the firearms
business to unlicensed persons, a training course in the conduct of
firearm transfers.
``(B) The training course shall describe Federal law governing
firearms transfers, and cover, at a minimum, the following matters:
``(i) How to recognize and identify straw purchasers and
fraudulent activity.
``(ii) The indicators that a person is attempting to
purchase a firearm illegally.
``(iii) How to recognize and identify indicators that an
individual intends to use a firearm for unlawful purposes.
``(iv) How to recognize and identify indicators that an
individual intends to use a firearm for self-harm.
``(v) How to prevent theft or burglary of firearms and
ammunition.
``(vi) How to respond in the circumstances described in
clauses (i) through (v), and the applicable reporting
requirements.
``(vii) Other reasonable business practices that the
Attorney General determines will deter gun trafficking, or
deter the provision of a firearm to those who indicate an
intent to use a firearm for unlawful purposes or for self-harm.
``(C) The training course shall include an examination with not
less than 20 questions derived from the course materials and intended
to confirm that a course participant has learned the information
covered by the course. To receive certification of completion of the
course, a participant must answer at least 70 percent of the
examination questions correctly.
``(D) Not less frequently than annually, the Attorney General, in
consultation with the Assistant Attorney General for the Civil Rights
Division, shall review the training course materials, and revise them
as necessary.
``(E) On successful completion of the training course by a
participant--
``(i) the participant shall attest to his or her
participation in the course;
``(ii) the participant shall attest to his or her receipt
of the course materials;
``(iii) if the participant is not a licensed manufacture,
licensed importer, or licensed dealer, the participant has
submitted to the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act sufficient information to enable the
system to determine whether the participant is prohibited by
subsection (g) or (n) of section 922 of this title or State,
local, or Tribal law from receiving a firearm or if the
licensee would be prohibited by section 922(d) of this title
from transferring a firearm to the participant; and
``(iv) if the system has determined that the participant is
not so prohibited, the Attorney General shall immediately issue
to the participant, through United States mail or electronic
means, a certificate which indicates successful completion of
the training course and includes a unique certification number,
both of which shall expire 2 years after issuance unless
renewed.
``(F) The Attorney General shall--
``(i) create and maintain a database which identifies each
individual to whom such a certificate is issued, the date the
certificate is issued, the date the certificate expires, and
the unique certification number on the certificate;
``(ii) make readily available to persons licensed under
this chapter and Federal, State, and local law enforcement
authorities, on request, the certification status of current or
potential employees; and
``(iii) on a monthly basis, provide to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives a complete list of
the certificates issued under subparagraph (E) that have
expired or been renewed since the most recent prior provision
of information, if any, to the system under this clause.
``(G) Each licensee referred to in subparagraph (A) shall keep--
``(i) a copy of any certificate issued to the licensee
under subparagraph (E); and
``(ii) a copy of any such certificate issued to any
employee of the licensee, throughout the duration of
employment.
``(H) Beginning 545 days after the date of the enactment of this
subsection, it shall be unlawful for such a licensee or an employee of
such a licensee to transfer a firearm or ammunition in the course of
firearms business, unless the licensee or employee, as the case may be,
has been issued a certificate under this paragraph which has not
expired.
``(2) In the course of firearms business with a person who is not
such a licensee, such a licensee--
``(A) shall not transfer a firearm to an individual if the
licensee or an employee of the licensee knows or has reasonable
cause to know that the individual is a straw purchaser or a gun
trafficker;
``(B) shall not transfer a firearm or ammunition to an
individual if the licensee or an employee of the licensee knows
or has reasonable cause to know that the individual is
intoxicated;
``(C) shall not transfer a firearm or ammunition to an
individual if the licensee or an employee of the licensee knows
or has reasonable cause to know that the individual will
attempt to harm the individual or others with the firearm or
ammunition;
``(D) shall not transfer a firearm to an individual not
paying in United States currency, unless the identity of the
individual matches the name on the payment method used by the
individual; and
``(E) immediately notify the Bureau of Alcohol, Tobacco,
Firearms, and Explosives and local law enforcement authorities
if the licensee or an employee of the licensee knows or has
reasonable cause to know that the individual has engaged or
attempted to engage in a straw purchase or gun trafficking.
``(3)(A) The Attorney General shall make available to each licensee
referred to in paragraph (1)(A) written protocols which--
``(i) outline the indicators of straw purchasing and gun
trafficking, including the presence of a prospective firearm
transferee who--
``(I) is accompanied by 1 or more individuals;
``(II) is communicating with other individuals by
telephone or other means;
``(III) is buying multiple firearms;
``(IV) has been the subject of a crime gun trace;
``(V) has purchased a firearm in the preceding 30
days; or
``(VI) otherwise indicates that a firearm is being
obtained for another person;
``(ii) instruct licensees and their employees to attempt to
ascertain whether a prospective firearm transferee is lawfully
purchasing a firearm, including by asking questions of the
prospective firearm transferee (including whether he or she
intends to transfer the firearm to another person); and
``(iii) inform licensees and their employees about how to
report a suspected fraudulent firearm purchase to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives.
``(B) Beginning 545 days after the date of the enactment of this
subsection, each such licensee shall--
``(i) obtain the written protocols described in
subparagraph (A); and
``(ii) during all business hours, display the written
protocols at each point of sale in the firearms business of the
licensee, in a manner that is clearly visible to employees of
the business.
``(4) Beginning 545 days after the date of the enactment of this
subsection, each licensee referred to in paragraph (1)(A) of this
subsection shall maintain general business and liability insurance as
described in subsection (d)(1)(F)(iv) during each day of a calendar
month, unless the licensee has certified to the Attorney General, on
the 1st day of that month, that the licensee--
``(A) did not transfer more than 20 firearms in the 12-
month period that precedes the date of the certification; and
``(B) expects to transfer not more than 20 firearms in the
12-month period that begins with that date.
``(5)(A) Beginning on the date that is 24 months after the date of
the enactment of this subsection, each licensee referred to in
paragraph (1)(A) of this subsection shall, when the premises covered by
the license is not open for business except as provided for in
subsection (j), secure each firearm in the business inventory of the
licensee by means of devices or storage containers that are designed to
deny unauthorized access to, and theft of, firearms.
``(B) Each device or storage container shall be secured by a
combination lock, key lock, or lock based on biometric information
which, once locked, is incapable of being opened without the
combination, key, or biometric information, respectively.''.
(b) Deadline for Development of Firearm Transfer Training Course.--
Within 180 days after the date of the enactment of this Act, the
Attorney General, in consultation with the Assistant Attorney General
for the Civil Rights Division, shall develop the training course
provided for in section 923(m)(1) of title 18, United States Code.
(c) Deadline for Development of Written Business Protocols for
Firearms Sales.--Within 180 days after the date of the enactment of
this Act, the Attorney General shall, in consultation with the
Assistant Attorney General for the Civil Rights Division--
(1) develop the written protocols provided for in section
923(m)(3) of title 18, United States Code; and
(2) not less frequently than annually, review the
protocols, and revise them as necessary.
(d) Business Liability Insurance Certification Required in
Application for Firearms License.--Section 923(d)(1)(F) of title 18,
United States Code, is amended--
(1) by striking ``and'' at the end of clause (ii)(II); and
(2) by adding at the end the following:
``(iv) the applicant has applied for, and will not
conduct the business before the applicant has received,
a general business and liability insurance policy from
an insurance company licensed to do business in the
State in which the licensed premises is located, which
provides coverage for damages for the negligent or
unlawful transfer of a firearm in an amount of at least
$1,000,000, unless the applicant certifies in the
application that the applicant expects to transfer to
persons not licensed under this chapter not more than
20 firearms per year; and''.
(e) Validation of Licensee and Employee Certifications.--Section
922(t)(1) of such title is amended--
(1) by striking ``and'' at the end of subparagraph
(C)(iii)(II);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) a unique certification number has been issued to the
transferor under section 923(m)(1)(E)(iv) and has not expired,
and the transferor has validated that number with the
system.''.
SEC. 3. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(38) The term `straw purchase' means the purchase of a firearm by
an individual who conceals, or intends to conceal, from any entity that
the purchase is being made on behalf of a third party who is identified
or not yet identified. The term shall not include a bona fide gift to a
person who is not prohibited by law from possessing or receiving a
firearm. For purposes of the preceding sentence, a gift to a person is
not a bona fide gift if the person has offered or given the purchaser a
service or thing of value to acquire the firearm for the person.
``(39) The term `straw purchaser' means a person engaged in a straw
purchase.
``(40) The term `gun trafficking' means the knowing acquisition,
transfer, or attempted acquisition or transfer of a firearm for
purposes of unlawful commerce by a licensed or unlicensed person.''.
SEC. 4. PENALTIES.
Section 924 of title 18, United States Code, is amended by adding
at the end the following:
``(q)(1) With respect to each violation of subparagraph (A), (B),
or (C) of section 923(m)(2), a person shall be fined under this title,
imprisoned not more than 18 months, or both.
``(2) With respect to each violation of section 923(m)(2)(D), a
person shall be fined not more than $2,500, imprisoned not more than 1
year, or both.
``(3) With respect to each violation of paragraph (1)(G) or (3)(B)
of section 923(m), and with respect to each violation or related series
of violations of section 923(m)(5)(A) that occurs on the same date, a
licenced importer, licensed manufacturer, or licensed dealer shall be
fined not more than $500.
``(4)(A) With respect to each violation of paragraph (1)(H) or
(2)(E) of section 923(m), the Attorney General shall, after notice and
opportunity for hearing--
``(i) suspend for not more than 6 months, or revoke, the
license under which the firearms transfer involved was
conducted; or
``(ii) subject the licensee to a civil penalty of not more
than $2,500.
``(B) With respect to each violation of section 923(m)(4) the
Attorney General shall, after notice and opportunity for hearing--
``(i) suspend for not more than 6 months, or revoke, the
license under which the firearms transfer involved was
conducted; or
``(ii) subject the licensee to a civil penalty of not more
than $10,000.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect 90 days after the
date of the enactment of this Act.
<all>
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118HR2754 | To designate the facility of the United States Postal Service located at 2395 East Del Mar Boulevard in Laredo, Texas, as the "Lance Corporal David Lee Espinoza, Lance Corporal Juan Rodrigo Rodriguez & Sergeant Roberto Arizola Jr. Post Office Building". | [
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"G00... | Designates the facility of the United States Postal Service located at 2395 East Del Mar Boulevard in Laredo, Texas, as the "Lance Corporal David Lee Espinoza, Lance Corporal Juan Rodrigo Rodriguez & Sergeant Roberto Arizola Jr. Post Office Building." | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2754
To designate the facility of the United States Postal Service located
at 2395 East Del Mar Boulevard in Laredo, Texas, as the ``Lance
Corporal David Lee Espinoza, Lance Corporal Juan Rodrigo Rodriguez &
Sergeant Roberto Arizola Jr. Post Office Building''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Cuellar (for himself, Mr. Moran, Mrs. Fletcher, Mr. Crenshaw, Mr.
Green of Texas, Mr. Self, Ms. Escobar, Mr. Fallon, Ms. Jackson Lee, Mr.
Gooden of Texas, Mr. Castro of Texas, Mr. Ellzey, Ms. Garcia of Texas,
Mr. Luttrell, Ms. Crockett, Mr. McCaul, Mr. Allred, Mr. Pfluger, Mr.
Veasey, Ms. Granger, Mr. Vicente Gonzalez of Texas, Mr. Jackson of
Texas, Mr. Casar, Mr. Weber of Texas, Mr. Doggett, Ms. De La Cruz, Mr.
Sessions, Mr. Arrington, Mr. Roy, Mr. Nehls, Mr. Tony Gonzales of
Texas, Ms. Van Duyne, Mr. Williams of Texas, Mr. Burgess, Mr. Cloud,
Mr. Carter of Texas, Mr. Babin, and Mr. Hunt) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To designate the facility of the United States Postal Service located
at 2395 East Del Mar Boulevard in Laredo, Texas, as the ``Lance
Corporal David Lee Espinoza, Lance Corporal Juan Rodrigo Rodriguez &
Sergeant Roberto Arizola Jr. Post Office Building''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LANCE CORPORAL DAVID LEE ESPINOZA, LANCE CORPORAL JUAN
RODRIGO RODRIGUEZ & SERGEANT ROBERTO ARIZOLA JR. POST
OFFICE BUILDING.
(a) Designation.--The facility of the United States Postal Service
located at 2395 East Del Mar Boulevard in Laredo, Texas, shall be known
and designated as the ``Lance Corporal David Lee Espinoza, Lance
Corporal Juan Rodrigo Rodriguez & Sergeant Roberto Arizola Jr. Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Lance
Corporal David Lee Espinoza, Lance Corporal Juan Rodrigo Rodriguez &
Sergeant Roberto Arizola Jr. Post Office Building''.
<all>
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118HR2755 | National Taxpayer Advocate Enhancement Act of 2023 | [
[
"F000446",
"Rep. Feenstra, Randy [R-IA-4]",
"sponsor"
],
[
"D000096",
"Rep. Davis, Danny K. [D-IL-7]",
"cosponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponso... | <p> <strong>National Taxpayer Advocate Enhancement Act of 2023 </strong></p> <p>This bill grants the National Taxpayer Advocate the authority to appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2755 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2755
To amend the Internal Revenue Code of 1986 to conform to the intent of
the Internal Revenue Service Restructuring and Reform Act of 1998, as
set forth in the joint explanatory statement of the committee of
conference accompanying Conference Report 105-599, that the National
Taxpayer Advocate be able to hire and consult counsel as appropriate.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Feenstra (for himself, Mr. Davis of Illinois, Mr. Fitzpatrick, Ms.
Norton, and Mr. Carson) 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 conform to the intent of
the Internal Revenue Service Restructuring and Reform Act of 1998, as
set forth in the joint explanatory statement of the committee of
conference accompanying Conference Report 105-599, that the National
Taxpayer Advocate be able to hire and consult counsel as appropriate.
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 Taxpayer Advocate
Enhancement Act of 2023''.
SEC. 2. AUTHORITY OF TAXPAYER ADVOCATE TO APPOINT COUNSEL.
(a) In General.--Section 7803(c)(2)(D)(i) of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of subclause
(I), by redesignating subclause (II) as subclause (III), and by
inserting after subclause (I) the following new subclause:
``(II) appoint counsel in the
Office of the Taxpayer Advocate to
report directly to the National
Taxpayer Advocate, or delegate thereof;
and''.
(b) Conforming Amendment.--Section 7803(c)(2)(D)(i)(III) of such
Code, as redesignated by subsection (a), is amended by striking ``any
employee of any local office of a taxpayer advocate described in
subclause (I)'' and inserting ``any employee of the Office of the
Taxpayer Advocate''.
(c) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 1102 of the Internal
Revenue Service Restructuring and Reform Act of 1998.
<all>
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118HR2756 | Taiwan Cybersecurity Resiliency Act of 2023 | [
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"L000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2756 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2756
To direct the Secretary of Defense to seek to engage the Government of
Taiwan regarding expanded cooperation with respect to military
cybersecurity activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Gallagher (for himself and Ms. Houlahan) introduced the following
bill; which was referred to the Committee on Armed Services, and in
addition to the Committee on Foreign 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 direct the Secretary of Defense to seek to engage the Government of
Taiwan regarding expanded cooperation with respect to military
cybersecurity activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Cybersecurity Resiliency Act
of 2023''.
SEC. 2. MILITARY CYBERSECURITY COOPERATION WITH TAIWAN.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Policy, in concurrence with the
Secretary of State and in coordination with the Commander of the United
States Cyber Command and the Commander of the United States Indo-
Pacific Command, shall seek to engage the Government of Taiwan for the
purpose of expanding cooperation on military cybersecurity activities.
(b) Cooperation Efforts.--In expanding the cooperation of military
cybersecurity activities between the Department of Defense and the
Government of Taiwan under subsection (a), the Secretary of Defense may
carry out efforts to--
(1) actively defend military networks, infrastructure, and
systems;
(2) eradicate malicious cyber activity that has compromised
such networks, infrastructure, and systems;
(3) leverage United States commercial and military
cybersecurity technology and services to harden and defend such
networks, infrastructure, and systems; and
(4) conduct combined cybersecurity training activities and
exercises.
(c) Briefings.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to the
appropriate congressional committees a briefing on the
implementation of this section.
(2) Contents.--The briefing under paragraph (1) shall
include the following:
(A) A description of the feasibility and
advisability of expanding cooperation on military
cybersecurity activities between the Department of
Defense and the Government of Taiwan.
(B) An identification of any challenges and
resources necessary to be addressed so as to expand
such cooperation.
(C) An overview of efforts undertaken pursuant to
this section.
(D) Any other matters the Secretary determines
relevant.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
<all>
</pre></body></html>
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118HR2757 | Puerto Rico Status Act | [
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[From the U.S. Government Publishing Office]
[H.R. 2757 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2757
To enable the people of Puerto Rico to choose a permanent,
nonterritorial, fully self-governing political status for Puerto Rico
and to provide for a transition to and the implementation of that
permanent, nonterritorial, fully self-governing political status, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Grijalva (for himself, Ms. Velazquez, Mrs. Gonzalez-Colon, Mr.
Soto, Mr. Hoyer, Ms. Ocasio-Cortez, and Mr. Torres of New York)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To enable the people of Puerto Rico to choose a permanent,
nonterritorial, fully self-governing political status for Puerto Rico
and to provide for a transition to and the implementation of that
permanent, nonterritorial, fully self-governing political status, 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 ``Puerto Rico Status 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.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Plebiscite.
Sec. 6. Nonpartisan voter education campaign.
Sec. 7. Oversight.
Sec. 8. Funds for voter education; plebiscites.
Sec. 9. Bilingual voter educational materials and ballots.
Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act.
Sec. 11. Severability.
TITLE I--TRANSITION AND IMPLEMENTATION--INDEPENDENCE
Sec. 101. Constitutional convention.
Sec. 102. Character of the constitution.
Sec. 103. Submission; ratification.
Sec. 104. Election of officers.
Sec. 105. Conforming amendments to existing law.
Sec. 106. Joint Transition Commission.
Sec. 107. Proclamations by President of the United States; Head of
State of Puerto Rico.
Sec. 108. Legal and constitutional provisions.
Sec. 109. Judicial pronouncements.
Sec. 110. Citizenship and immigration laws after Puerto Rican
independence.
Sec. 111. Individual rights to economic benefits and grants.
TITLE II--TRANSITION AND IMPLEMENTATION--SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES
Sec. 201. Constitutional convention.
Sec. 202. Character of the constitution.
Sec. 203. Submission; ratification.
Sec. 204. Election of officers.
Sec. 205. Proclamations by President of the United States; Head of
State of Puerto Rico.
Sec. 206. Legal and constitutional provisions.
Sec. 207. Judicial pronouncements.
Sec. 208. Citizenship and immigration laws after sovereignty through
free association.
Sec. 209. Conforming amendments to existing law.
Sec. 210. Bilateral Negotiating Commission.
Sec. 211. Articles of Free Association approval and effective date.
Sec. 212. Termination.
Sec. 213. Individual rights to economic benefits and grants.
TITLE III--TRANSITION AND IMPLEMENTATION--STATEHOOD
Sec. 301. Presidential proclamation; admission into the Union.
Sec. 302. Conforming amendments to existing law.
Sec. 303. Territory and boundaries.
Sec. 304. Constitution.
Sec. 305. Elections of Senators and Representatives, certification, and
legal disputes.
Sec. 306. State title to land and property.
Sec. 307. Continuity of laws, government, and obligations.
Sec. 308. Judicial pronouncements.
SEC. 3. FINDINGS.
In recognition of the inherent limitations of Puerto Rico's
territorial status, and the responsibility of the Federal Government to
enable the people of the territory to freely express their wishes
regarding political status and achieve full self-government, Congress
seeks to enable the eligible voters of Puerto Rico to choose a
permanent, non-territorial, fully self-governing political status for
Puerto Rico and to provide for a transition to and the implementation
of said permanent, nonterritorial, fully self-governing status.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bilateral negotiating commission.--The term ``Bilateral
Negotiating Commission'' means the Bilateral Negotiating
Commission established under section 209(a).
(2) Elections commission.--The term ``Elections
Commission'' means the Puerto Rico State Elections Commission
(Comision Estatal de Elecciones de Puerto Rico, in Spanish).
(3) Eligible voters.--The term ``eligible voters'' means
bona fide residents of Puerto Rico who are otherwise qualified
to vote in general elections in Puerto Rico.
(4) Initial plebiscite.--The term ``initial plebiscite''
means the plebiscite required by section 5(a)(1).
(5) Majority.--The term ``majority'' means more than 50
percent.
(6) Runoff plebiscite.--The term ``runoff plebiscite''
means the plebiscite required by section 5(a)(4).
SEC. 5. PLEBISCITE.
(a) In General.--
(1) Initial plebiscite.--A plebiscite to resolve Puerto
Rico's political status shall be held on November 2, 2025.
(2) Options.--The plebiscite held under paragraph (1) shall
offer eligible voters a choice of one of the three options
which shall be presented on the ballot as follows:
(A) Independence.
(B) Sovereignty in Free Association with the United
States.
(C) Statehood.
(3) Majority vote required.--Approval of a status option
must be by a majority of the valid votes cast.
(4) Runoff plebiscite.--If there is not a majority in favor
of one of the three options defined in this Act, then a runoff
plebiscite shall be held on March 8, 2026, which shall offer
eligible voters a choice of the two options that received the
most votes in the plebiscite held under paragraph (1).
(b) Ballot Language.--A ballot for a plebiscite required by
subsection (a) shall include the following language, except that the
ballot for the runoff plebiscite shall omit the option that received
the fewest votes in the initial plebiscite:
(1) Instructions.--Mark the status option you choose as
each is defined below. A ballot with more than 1 option marked
will not be counted. A ballot with no option marked will not be
counted.
(2) Independence.--If you agree, mark here ____.
(A) Puerto Rico is a sovereign nation that has full
authority and responsibility over its territory and
population under a constitution of its own adoption
which shall be the supreme law of the nation.
(B) Puerto Rico is vested with full powers and
responsibilities consistent with the rights and
responsibilities that devolve upon a sovereign nation
under international law, including its own fiscal and
monetary policy, immigration, trade, and the conduct in
its own name and right of relations with other nations
and international organizations.
(C) Puerto Rico has full authority and
responsibility over its citizenship and immigration
laws, and birth in Puerto Rico or relationship to
persons with statutory United States citizenship by
birth in the former territory shall cease to be a basis
for United States nationality or citizenship, except
that persons who have such United States citizenship
have a right to retain United States nationality and
citizenship for life, by entitlement or election as
provided by Federal law.
(D) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. In general, United States citizens and United
States businesses in the nation of Puerto Rico will be
subject to United States Federal tax laws (as is the
case with any other United States citizen or United
States business abroad) and to Puerto Rican tax laws.
Puerto Rico's status as an independent, sovereign
nation will be the controlling factor in the taxation
of Puerto Rican taxpayers.
(E) The Constitution and laws of the United States
no longer apply in Puerto Rico and United States
sovereignty in Puerto Rico is ended.
(3) Sovereignty in free association with the united
states.--If you agree, mark here ___.
(A) Puerto Rico is a sovereign nation that has full
authority and responsibility over its territory and
population under a constitution of its own adoption
which shall be the supreme law of the nation.
(B) Puerto Rico is vested with full powers and
responsibilities consistent with the rights and
responsibilities that devolve upon a sovereign nation
under international law, including its own fiscal and
monetary policy, immigration, trade, and the conduct in
its own name and right of relations with other nations
and international organizations, except as otherwise
provided for in the Articles of Free Association to be
negotiated by Puerto Rico and the United States.
(C) Puerto Rico has full authority and
responsibility over its citizenship and immigration
laws, and persons who have United States citizenship
have a right to retain United States nationality and
citizenship for life by entitlement or election as
provided by Federal law.
(D) Birth in Puerto Rico shall cease to be a basis
for United States nationality or citizenship.
Individuals born in Puerto Rico to at least one parent
who is a citizen of the United States shall be United
States citizens at birth, consistent with the
immigration laws of the United States, for the duration
of the first agreement of the Articles of Free
Association.
(E) Puerto Rico enters into Articles of Free
Association with the United States, with such
devolution and reservation of governmental functions
and other bilateral arrangements as may be agreed to by
both Parties under the Articles, which shall be
terminable at will by either the United States or
Puerto Rico at any time.
(F) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. In general, United States citizens and United
States businesses in the nation of Puerto Rico will be
subject to United States Federal tax laws (as is the
case with any other United States citizen or United
States business abroad) and to Puerto Rican tax laws.
Puerto Rico's status as an independent, sovereign
nation will be the controlling factor in the taxation
of Puerto Rican taxpayers. In addition, Puerto Rico
will enter into an agreement with the United States to
provide for ``Sovereignty in Free Association'' between
the two nations. This agreement may modify the
otherwise applicable tax rules, subject to negotiation
and ratification by the two nations.
(G) The Constitution of the United States no longer
applies in Puerto Rico, the laws of the United States
no longer apply in Puerto Rico except as otherwise
provided in the Articles of Free Association, and
United States sovereignty in Puerto Rico is ended.
(H) All matters pertaining to the government-to-
government relationship between Puerto Rico and the
United States, which may include foreign affairs,
trade, finance, taxation, currency, economic
assistance, security and defense, dispute resolution
and termination, shall be provided for in the Articles
of Free Association.
(4) Statehood.--If you agree, mark here ____.
(A) The State of Puerto Rico is admitted into the
Union on an equal footing with the other States in all
respects whatever and is a part of the permanent union
of the United States of America, subject to the United
States Constitution, with powers not prohibited by the
Constitution to the States and reserved to the State of
Puerto Rico or to its residents.
(B) The residents of Puerto Rico are fully self-
governing with their rights secured under the United
States Constitution, which shall be fully applicable in
Puerto Rico and which, with the laws and treaties of
the United States, is the supreme law and has the same
force and effect in Puerto Rico as in the other States
of the Union.
(C) United States citizenship of those born in
Puerto Rico is recognized, protected, and secured under
the United States Constitution in the same way such
citizenship is for all United States citizens born in
the other States.
(D) Puerto Rico will no longer be a possession of
the United States for purposes of the Internal Revenue
Code. Instead, the State of Puerto Rico will become a
State on equal footing with each of the current 50
States in the United States of America. Individuals and
businesses resident in the State of Puerto Rico will be
subject to United States Federal tax laws as well as
applicable State tax laws.
(c) Implementation of Plebiscite.--The plebiscites authorized by
this section shall be implemented by the Elections Commission,
consistent with the laws of Puerto Rico and Federal law.
(d) Results.--The Elections Commission shall inform the President
of the United States, the President pro tempore of the United States
Senate, the Speaker of the United States House of Representatives, the
Senate Committee on Energy and Natural Resources, and the House
Committee on Natural Resources of--
(1) the results of the initial plebiscite not later than 30
calendar days after the initial plebiscite is held; and
(2) the results of the runoff plebiscite, if held, not
later than 30 calendar days after the runoff plebiscite is
held.
(e) Jurisdiction of District Court.--The United States District
Court for the District of Puerto Rico shall have original and exclusive
jurisdiction of any civil action alleging a dispute or controversy
pertaining to electoral processes conducted under this section.
SEC. 6. NONPARTISAN VOTER EDUCATION CAMPAIGN.
(a) In General.--The Elections Commission shall carry out a
nonpartisan voter education campaign through traditional paid media and
make available at all voting locations voter education materials
related to the plebiscites authorized under this Act consistent with
Department of Justice approval under section 7.
(b) Voter Education Materials.--At a minimum, the voter education
materials shall address for each option--
(1) international representation;
(2) citizenship and immigration; and
(3) access and treatment under Federal law and programs.
SEC. 7. OVERSIGHT.
(a) Submission of Materials.--Not later than 60 days after the date
of the enactment of this Act, the Elections Commission shall submit the
ballot design and voter education materials for the plebiscites
authorized under this Act to the United States Attorney General for
review and the Elections Commission shall make not more than one
submission of the ballot design and voter education materials to the
Attorney General for review.
(b) Effect of Failure To Comply.--If the Attorney General fails to
comply with subsection (c) within the 45-day period, the ballot design
and voter education materials shall be considered approved.
(c) Review.--Not later than 45 days after receiving the ballot
design and voter education materials under subsection (a), the Attorney
General shall review the ballot design and voter education materials to
ensure consistency with this Act and to ensure that the three options
defined in this Act are represented fairly, especially in the event
that any of the three options are not represented on the Elections
Commission by a member of a political party that supports such option,
and--
(1) return the materials to the Elections Commission with
comments and instructions for changes; or
(2) before the expiration of the 45-day period, inform the
Elections Commission that no instructions or requests for
changes shall be made under paragraph (1), but that the
Attorney General reserves the right to submit instructions for
changes in accordance with this section if additional
information comes to the attention of the Attorney General
during the remainder of the 45-day period.
(d) Revision.--Not later than 45 days after receiving comments and
instructions for changes from the Attorney General under subsection
(c), the Elections Commission shall revise the ballot design and voter
education materials as requested by the Attorney General.
(e) Election Observers.--The Elections Commission shall invite
national and international election observers to ensure transparency
and confidence in the electoral process. Observers shall be present
during the initial plebiscite vote and during the runoff plebiscite
vote.
SEC. 8. FUNDS FOR VOTER EDUCATION; PLEBISCITES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary for the Elections Commission to
carry out a nonpartisan voter education campaign and an initial
plebiscite and, if necessary, a runoff plebiscite under this Act.
(b) Existing Funds.--Notwithstanding any provision of Public Law
113-76, funds made available under such Act to carry out a plebiscite
on Puerto Rico's status shall be made available to carry out this Act.
SEC. 9. BILINGUAL VOTER EDUCATIONAL MATERIALS AND BALLOTS.
All voter educational materials and ballots used to carry out this
Act shall be made available in English and Spanish.
SEC. 10. PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY ACT.
Upon the admission of the State of Puerto Rico into the Union or on
the date that the Government of the nation of Puerto Rico initially
takes office:
(1) In general.--The Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2101 et seq.) shall no longer
apply to the State of Puerto Rico or the nation of Puerto Rico,
as the case may be.
(2) Oversight board.--The Financial Oversight and
Management Board for Puerto Rico established under section
101(b)(1) of the Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2121(b)(1)) is terminated and
all duties and responsibilities assigned to the Oversight Board
shall return to the State of Puerto Rico or the nation of
Puerto Rico, as the case may be.
(3) Transfer.--All funds, property, and assets of the board
described in subparagraph (B) shall be transferred to the State
of Puerto Rico or the nation of Puerto Rico, as the case may
be.
SEC. 11. SEVERABILITY.
If any provision of this Act, or any section, subsection, sentence,
clause, phrase, or individual word, or the application thereof to any
person or circumstance is held invalid by a court of jurisdiction, the
validity of the remainder of the Act and of the application of any such
provision, section, subsection, sentence, clause, phrase, or individual
word to other persons and circumstances shall not be affected thereby.
TITLE I--TRANSITION AND IMPLEMENTATION--INDEPENDENCE
SEC. 101. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 6 months after the
effective date of certification of a plebiscite result under this Act
in favor of independence, the legislature of Puerto Rico shall provide
for the election of delegates to a constitutional Convention to
formulate and draft a Constitution for the nation of Puerto Rico.
(b) Eligible Voters.--All eligible voters may vote in the election
of delegates to the constitutional Convention.
(c) General Applicability of Electoral Law.--The laws of the
territory of Puerto Rico relating to the electoral process shall apply
to a special election held under this Act.
(d) Initial Meeting.--Not later than 3 months after the election of
delegates to the constitutional Convention, the elected delegates shall
meet at such time and place as the legislature of Puerto Rico shall
determine. The initial meeting shall constitute the establishment of
the constitutional Convention.
SEC. 102. CHARACTER OF THE CONSTITUTION.
The constitutional Convention under section 101 shall formulate and
draft a Constitution for Puerto Rico that guarantees the protection of
fundamental human rights, including--
(1) due process and equal protection under the law;
(2) freedom of speech, press, assembly, association, and
religion;
(3) the rights of the accused;
(4) any other economic, social, and cultural rights as the
constitutional Convention may deem appropriate and necessary;
and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 103. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than one year after the establishment of
the constitutional Convention, the Constitution formulated and drafted
by the constitutional Convention shall be submitted to the eligible
voters of Puerto Rico for ratification or rejection in a special
election.
(b) Manner of Election.--The special election held under this
subsection shall be held in the manner prescribed by the legislature of
Puerto Rico.
SEC. 104. ELECTION OF OFFICERS.
(a) In General.--Not later than one month after the ratification of
the Constitution under section 103, the Governor of the territory of
Puerto Rico shall issue a proclamation calling for the election of such
officers of the nation of Puerto Rico as may be required by the
ratified Constitution.
(b) Rejection.--If the special election results in rejection of the
Constitution, the process provided for in sections 101 through 103
shall be repeated, except that section 101(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejecting of the Constitution'' for ``in favor of
independence''.
(c) Deadline; Procedures.--The election under subsection (a) shall
be held--
(1) not later than 6 months after the date of ratification
of the Constitution; and
(2) in accordance with the procedures and requirements
established in the Constitution of the nation of Puerto Rico.
(d) Certification of Results.--Not later than 10 days after the
election of officers under subsection (a), the Elections Commission
shall certify the results of the election. The Governor of the
territory of Puerto Rico shall inform the results of the election to
the President of the United States, the President pro tempore of the
United States Senate, the Speaker of the United States House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources of the House of
Representatives.
SEC. 105. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of a
constitutional Convention under section 101(d), the President shall
initiate a review of Federal law with respect to Puerto Rico, including
those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 106. JOINT TRANSITION COMMISSION.
(a) Appointment.--Not later than 3 months after the establishment
of a constitutional Convention under section 101(d), a Joint Transition
Commission shall be appointed in equal numbers by the President of the
United States and the presiding officer of the Constitutional
Convention of Puerto Rico.
(b) Duties.--The Joint Transition Commission shall be responsible
for expediting the orderly transfer of all functions currently
exercised by the Federal Government in Puerto Rico, or in relation to
Puerto Rico to the nation of Puerto Rico, and shall recommend to
Congress any appropriate legislation to carry out such transfer.
(c) Collaboration.--The Government of the territory of Puerto Rico
and the agencies of the Government of the United States shall
collaborate with the Joint Transition Commission and subsequently the
officers of the nation of Puerto Rico, to provide for the orderly
transfer of the functions under subsection (b).
SEC. 107. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF
STATE OF PUERTO RICO.
(a) Proclamation.--Not later than one month after the official
certification of the elected officers of the nation of Puerto Rico
under section 104(d), the President of the United States shall by
proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty then
existing and exercised by the United States over the territory
and residents of Puerto Rico;
(2) recognize, on behalf of the United States of America,
the independence of the nation of Puerto Rico and the authority
of the government instituted by eligible voters of Puerto Rico
under the Constitution of their own adoption; and
(3) state that the effective date of withdrawal of the
sovereignty of the United States and recognition of
independence shall be the same as the date of the proclamation.
(b) Copy of Proclamation Forwarded.--The President of the United
States shall forward a copy of the proclamation issued under subsection
(a) not later than one week after signature to the presiding officer of
the Constitutional Convention of Puerto Rico, the officer elected as
head of state of the nation, the President pro tempore of the United
States Senate, the Speaker of the United States House of
Representatives, the Senate Committee on Energy and Natural Resources,
and the House Committee on Natural Resources.
(c) Date Government To Take Office.--Not later than one week after
the date of receipt of the Presidential proclamation and with the
advice of the officer elected as head of state of the nation, the
presiding officer of the constitutional Convention shall determine the
date on which the Government of the nation shall take office, and shall
so notify the Governor of the territory of Puerto Rico, the President
of the United States, the President pro tempore of the United States
Senate, and the Speaker of the United States House of Representatives.
SEC. 108. LEGAL AND CONSTITUTIONAL PROVISIONS.
Upon the proclamation of independence as provided in this title,
and except as otherwise provided in this title or in any separate
agreements thereafter concluded between the United States and the
nation of Puerto Rico--
(1) all property, rights, and interests which the United
States may have acquired over Puerto Rico by virtue of the
Treaty of Paris of 1898, and thereafter by cession, purchase,
or eminent domain, with the exception of such land and other
property, rights, or interests as may have been sold or
otherwise legally disposed of prior to the proclamation of
Independence, shall vest ipso facto in the nation of Puerto
Rico; and
(2) except as provided in section 110, all laws of the
United States applicable to the territory of Puerto Rico
immediately prior to the proclamation of Independence shall no
longer apply in the nation of Puerto Rico.
SEC. 109. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
United States or territorial courts before the date of the proclamation
of independence pursuant to the laws of the United States then
applicable to the territory of Puerto Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the territory of Puerto Rico on the day of the
proclamation of independence shall be continued in the corresponding
courts under the Constitution of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--Upon the proclamation of
independence, the judicial power of the United States shall no longer
extend to Puerto Rico. All proceedings pending in the United States
District Court for the District of Puerto Rico shall be transferred to
the corresponding Puerto Rican courts of competence or other competent
judicial authority under the Constitution of the nation of Puerto Rico
for disposition in conformity with laws applicable at the time when the
controversy in process arose. All proceedings pending in the United
States Court of Appeals for the First Circuit, or in the Supreme Court
of the United States, that initiated in, or that could have been
initiated in, the courts of the territory or in the United States
District Court for the District of Puerto Rico shall continue until
their final disposition and shall be submitted to the competent
authority of the nation of Puerto Rico for proper execution: Provided,
That neither the United States nor any of its officers is a party, in
which case any final judgment shall be properly executed by the
competent authority of the United States.
SEC. 110. CITIZENSHIP AND IMMIGRATION LAWS AFTER PUERTO RICAN
INDEPENDENCE.
(a) In General.--
(1) Puerto rican nationality.--After the effective date of
independence, the citizenship status of each individual born in
Puerto Rico shall be determined in accordance with the
Constitution and laws of the nation of Puerto Rico.
(2) United states immigration laws.--Except as described in
this section, after the effective date of independence citizens
of Puerto Rico seeking to enter into the United States or
obtain citizenship in the United States shall be subject to the
immigration laws of the United States (as such term is defined
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
(b) Effect of Puerto Rican Citizenship.--Nothing in this Act
precludes or limits the applicability of section 349 of the Immigration
and Nationality Act (8 U.S.C. 1481), except that the provision of
citizenship by the laws of Puerto Rico shall not constitute or
otherwise serve as the basis of loss, or relinquishment of United
States citizenship under such section.
(c) Citizenship at Birth After Independence.--An individual born in
Puerto Rico after the effective date of independence to at least one
parent who became a United States citizen under section 302 of the
Immigration and Nationality Act (8 U.S.C. 1402) is not a United States
citizen at birth under subsection (c), (d), or (g) of section 301 of
the Immigration and Nationality Act (8 U.S.C. 1401(c), (d), or (g)).
(d) Travel and Work Authorization.--
(1) Any person in the following categories may enter,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and
possessions without regard to paragraphs (5)(A) and (7) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a); (5)(A) and (7))--
(A) a person who acquires the citizenship of Puerto
Rico, at birth, on or after the effective date of
independence; or
(B) a naturalized citizen of Puerto Rico, who has
been an actual resident there for not less than five
years after attaining such naturalization and who holds
a proof of such residence.
Such persons shall be considered to have the permission of the
Secretary of Homeland Security to accept employment in the
United States.
(2) The right of such persons to establish habitual
residence in a territory or possession of the United States
may, however, be subjected to nondiscriminatory limitations
provided for--
(A) in statutes or regulations of the United
States; or
(B) in those statutes or regulations of the
territory or possession concerned which are authorized
by the laws of the United States.
(3) This subsection shall expire 25 years after the date of
independence.
(e) Conforming Amendments.--
(1) In general.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto
Rico,'' in subsection (a) paragraph (36) and in subsection (a)
paragraph (38).
(2) Prior to independence.--Puerto Rico shall be considered
to be in the United States, as such term is defined in section
101(a)(38) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(38)) prior to the effective date of independence.
(f) Rule of Construction.--Nothing in this section shall limit the
power and authority of the United States to change policy requirements
for United States citizenship.
SEC. 111. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--All vested rights and benefits which
accrue to residents of the territory of Puerto Rico under the laws of
the United States from past services or contributions, such as rights
and benefits for veterans or relatives of veterans of the Armed Forces
of the United States, retired Government employees, or beneficiaries of
old age, disability, or survivors' insurance benefits under the Social
Security Act, shall not be interrupted after the proclamation of
independence but will continue until such time as said rights and
benefits are completely extinguished according to the applicable laws
of the United States. All services which must be rendered as part of
these rights and benefits shall be made available through the
Government of the nation of Puerto Rico in accordance with agreements
reached by the two nations.
(b) Social Security System.--Notwithstanding the provisions in
subsection (a), all contributions made by employees and employers in
Puerto Rico to the Social Security system with respect to persons who,
upon the proclamation of independence, are residents of the nation of
Puerto Rico and are not yet eligible for old age, disability, or
survivors' insurance benefits under the system, shall be transferred to
the Government of the nation of Puerto Rico once said Government
establishes its own social security system. The Government of the
nation of Puerto Rico may not use these funds for any purpose other
than the establishment and operation of a social security system. Upon
the transfer described herein, the obligations of the United States
Government under the Social Security Act with respect to such residents
of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--
(1) Block grants.--All other Federal transfer payments to
individuals and to the Government of the territory of Puerto
Rico shall be maintained in the form of annual block grants to
be used discretionally by the Government of the nation of
Puerto Rico.
(2) Annual aggregate funding.--During the ten fiscal years
following the proclamation of independence, the annual block
grants shall amount to the annual aggregate funding of all
programs which currently extend to the territory of Puerto
Rico, or of all programs which shall have been extended to the
territory of Puerto Rico during the fiscal year immediately
prior to the proclamation of independence, whichever shall be
greater.
(3) Decrease in amount.--The annual block grants shall
decrease thereafter on a straight-line basis, at the rate of
ten percent each year, beginning on the eleventh fiscal year
after the proclamation of independence. At any time during the
aforementioned transition period the terms of this subsection
may be modified by agreement between the United States and the
nation of Puerto Rico.
TITLE II--TRANSITION AND IMPLEMENTATION--SOVEREIGNTY IN FREE
ASSOCIATION WITH THE UNITED STATES
SEC. 201. CONSTITUTIONAL CONVENTION.
(a) Election of Delegates.--Not later than 6 months after the
effective date of certification of a plebiscite result under this Act
in favor of Sovereignty in Free Association with the United States, the
legislature of Puerto Rico shall provide for the election of delegates
to a constitutional Convention to formulate and draft a Constitution
for the nation of Puerto Rico.
(b) Eligible Voters.--All eligible voters may vote in the election
of delegates to the constitutional Convention.
(c) General Applicability of Electoral Law.--The laws of the
territory of Puerto Rico relating to the electoral process shall apply
to a special election held under this Act.
(d) Initial Meeting.--Not later than 3 months after the election of
delegates to the constitutional Convention, the elected delegates shall
meet at such time and place as the legislature of Puerto Rico shall
determine. The initial meeting shall constitute the establishment of
the constitutional Convention.
SEC. 202. CHARACTER OF THE CONSTITUTION.
The constitutional Convention under section 201 shall formulate and
draft a Constitution for Puerto Rico that guarantees the protection of
fundamental human rights, including--
(1) due process and equal protection under the law;
(2) freedom of speech, press, assembly, association, and
religion;
(3) the rights of the accused;
(4) any other economic, social, and cultural rights as the
constitutional Convention may deem appropriate and necessary;
and
(5) provisions to ensure that no individual born in the
nation of Puerto Rico shall be stateless at birth.
SEC. 203. SUBMISSION; RATIFICATION.
(a) Submission.--Not later than 2 years after the establishment of
the constitutional Convention, the Constitution formulated and drafted
by the constitutional Convention shall be submitted to the eligible
voters of Puerto Rico for ratification or rejection in a special
election.
(b) Manner of Election.--The special election held under this
subsection shall be held in the manner prescribed by the legislature of
Puerto Rico.
SEC. 204. ELECTION OF OFFICERS.
(a) In General.--Not later than one month after the ratification of
the Constitution under section 203, the Governor of the territory of
Puerto Rico shall issue a proclamation calling for the election of such
officers of the nation of Puerto Rico as may be required by the
ratified Constitution.
(b) Rejection.--If the special election results in rejection of the
Constitution, the process provided for in sections 201 through 203
shall be repeated, except that section 201(a) shall be applied by
substituting--
(1) ``the special election'' for ``a plebiscite''; and
(2) ``rejecting the Constitution'' for ``in favor of
sovereignty in free association with the United States''.
(c) Deadline; Procedures.--The election under subsection (a) shall
be held--
(1) not later than 6 months after the date of ratification
of the Constitution; and
(2) in accordance with the procedures and requirements
established in the Constitution of the nation of Puerto Rico.
(d) Certification of Results.--Not later than 10 days after the
election of officers under subsection (a), the Elections Commission
shall certify the results of the election. The Governor of the
territory of Puerto Rico shall inform the results of the election to
the President of the United States, the President pro tempore of the
United States Senate, the Speaker of the United States House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Natural Resources of the House of
Representatives.
SEC. 205. PROCLAMATIONS BY PRESIDENT OF THE UNITED STATES; HEAD OF
STATE OF PUERTO RICO.
(a) Proclamation.--Not later than one month after the official
certification of the elected officers of the nation of Puerto Rico
under section 204, the President of the United States shall by
proclamation--
(1) withdraw and surrender all rights of possession,
supervision, jurisdiction, control, or sovereignty then
existing and exercised by the United States over the territory
and residents of Puerto Rico;
(2) recognize, on behalf of the United States of America,
the international sovereignty through free association of the
nation of Puerto Rico and the authority of the government
instituted by eligible voters of Puerto Rico under the
Constitution of their own adoption; and
(3) state that the effective date of withdrawal of the
sovereignty of the United States and recognition of
international sovereignty through free association shall be the
same as the date of the proclamation.
(b) Copy of Proclamation Forwarded.--The President of the United
States shall forward a copy of the proclamation issued under subsection
(a) not later than one week after signature to the presiding officer of
the Constitutional Convention of Puerto Rico, the officer elected as
head of state of the nation, the President pro tempore of the United
States Senate, the Speaker of the United States House of
Representatives, the Senate Committee on Energy and Natural Resources,
and the House Committee on Natural Resources.
(c) Date Government To Take Office.--Not later than one week after
the date of receipt of the Presidential proclamation and with the
advice of the officer elected as head of state of the nation, the
presiding officer of the constitutional Convention shall determine the
date on which the Government of the nation shall take office, and shall
so notify the Governor of the territory of Puerto Rico, the President
of the United States, the President pro tempore of the United States
Senate, and the Speaker of the United States House of Representatives.
SEC. 206. LEGAL AND CONSTITUTIONAL PROVISIONS.
Upon the proclamation of international sovereignty through free
association as provided in this title, and except as otherwise provided
in this title or in any separate agreements thereafter concluded
between the United States and the nation of Puerto Rico--
(1) all property, rights, and interests which the United
States may have acquired over Puerto Rico by virtue of the
Treaty of Paris of 1898, and thereafter by cession, purchase,
or eminent domain, with the exception of such land and other
property, rights, or interests as may have been sold or
otherwise legally disposed of prior to the proclamation of
international sovereignty through free association, shall vest
ipso facto in the nation of Puerto Rico; and
(2) except as provided in section 209, all laws of the
United States applicable to the territory of Puerto Rico
immediately prior to the proclamation of international
sovereignty through free association shall no longer apply in
the nation of Puerto Rico.
SEC. 207. JUDICIAL PRONOUNCEMENTS.
(a) Judgments Before Proclamation.--The nation of Puerto Rico shall
recognize and give effect to all orders and judgments rendered by
United States or territorial courts before the date of the proclamation
of international sovereignty through free association pursuant to the
laws of the United States then applicable to the territory of Puerto
Rico.
(b) Continuity of Pending Proceedings.--All judicial proceedings
pending in the courts of the territory of Puerto Rico on the day of the
proclamation of international sovereignty through free association
shall be continued in the corresponding courts under the Constitution
of the nation of Puerto Rico.
(c) Transfer of Judicial Power.--Upon the proclamation of
international sovereignty through free association, the judicial power
of the United States shall no longer extend to Puerto Rico. All
proceedings pending in the United States District Court for the
District of Puerto Rico shall be transferred to the corresponding
Puerto Rican courts of competence or other competent judicial authority
under the Constitution of the nation of Puerto Rico for disposition in
conformity with laws applicable at the time when the controversy in
process arose. All proceedings pending in the United States Court of
Appeals for the First Circuit, or in the Supreme Court of the United
States, that initiated in, or that could have been initiated in, the
courts of the territory or in the United States District Court for the
District of Puerto Rico shall continue until their final disposition
and shall be submitted to the competent authority of the nation of
Puerto Rico for proper execution: Provided, That neither the United
States nor any of its officers is a party, in which case any final
judgment shall be properly executed by the competent authority of the
United States.
SEC. 208. CITIZENSHIP AND IMMIGRATION LAWS AFTER SOVEREIGNTY THROUGH
FREE ASSOCIATION.
(a) In General.--
(1) Puerto rican nationality.--After the proclamation of
international sovereignty through free association, the
citizenship status of each individual born in Puerto Rico shall
be determined in accordance with the Constitution and laws of
the nation of Puerto Rico.
(2) United states immigration laws.--Except as described in
this section, after the proclamation of international
sovereignty through free association, citizens of Puerto Rico
seeking to enter into the United States or obtain citizenship
in the United States shall be subject to the immigration laws
of the United States (as such term is defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)).
(b) Effect of Puerto Rican Citizenship.--Nothing in this Act
precludes or limits the applicability of section 349 of the Immigration
and Nationality Act (8 U.S.C. 1481), except that the provision of
citizenship by the laws of Puerto Rico shall not constitute or
otherwise serve as the basis of loss, or relinquishment of United
States citizenship under such section.
(c) Citizenship at Birth After Sovereignty.--
(1) In general.--Except as described in paragraph (2), an
individual born in Puerto Rico after the proclamation of
international sovereignty through free association to at least
one parent who became a United States citizen under section 302
of the Immigration and Nationality Act (8 U.S.C. 1402) is not a
United States citizen at birth under subsection (c), (d), or
(g) of section 301 of the Immigration and Nationality Act (8
U.S.C. 1401 (c), (d), or (g)).
(2) Transition period.--During the implementation of the
first Articles of Free Association, an individual born in
Puerto Rico to at least one parent who is a citizen of the
United States shall be a United States citizen at birth under
section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) if otherwise eligible.
(d) Travel and Work Authorization.--
(1) Any person in the following categories may enter,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and
possessions without regard to paragraphs (5)(A) and (7) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a); (5)(A) and (7)):
(A) a person who acquires the citizenship of Puerto
Rico, at birth, on or after the effective date of
international sovereignty through free association; or
(B) a naturalized citizen of Puerto Rico, who has
been an actual resident there for not less than five
years after attaining such naturalization and who holds
a proof of such residence.
Such persons shall be considered to have the permission of the
Secretary of Homeland Security to accept employment in the
United States.
(2) The right of such persons to establish habitual
residence in a territory or possession of the United States
may, however, be subjected to nondiscriminatory limitations
provided for--
(A) in statutes or regulations of the United
States; or
(B) in those statutes or regulations of the
territory or possession concerned which are authorized
by the laws of the United States.
(3) This subsection shall expire upon the termination of
the Articles of Free Association in accordance with section
211.
(e) Conforming Amendments.--
(1) In general.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by striking ``Puerto
Rico,'' in subsection (a) paragraph (36) and in subsection (a)
paragraph (38).
(2) Prior to sovereignty.--Puerto Rico shall be considered
to be in the United States, as such term is defined in section
101(a)(38) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(38)) prior to the date of international sovereignty
through free association.
(f) Rule of Construction.--Nothing in this section shall limit the
power and authority of the United States to change policy requirements
for United States citizenship.
SEC. 209. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the initial meeting of a
constitutional Convention under section 201(d), the President shall
initiate a review of Federal law with respect to Puerto Rico, including
those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 210. BILATERAL NEGOTIATING COMMISSION.
(a) In General.--If a plebiscite held under this Act results in a
majority vote for sovereignty in free association with the United
States, there shall be a Bilateral Negotiating Commission which shall
conduct negotiations on Articles of Free Association with the United
States.
(b) Members.--Not later than 3 months after the establishment of
the constitutional Convention under section 201--
(1) the Convention shall elect, by majority vote, 5 members
from among its delegates to join the Bilateral Negotiating
Commission on behalf of Puerto Rico; and
(2) the President of the United States shall designate 5
members to the Bilateral Negotiating Commission, one of whom
shall also be nominated for the rank of Ambassador, to
negotiate on behalf of the United States.
(c) Initial Meeting.--Not later than 3 months after the election
and designation of members to the Bilateral Negotiating Commission,
members shall meet at such time and place as the legislature of Puerto
Rico shall determine. Such meeting shall constitute the establishment
of the Bilateral Negotiating Commission.
(d) Duties.--The Bilateral Negotiating Commission shall--
(1) be responsible for expediting the orderly transfer of
all functions currently exercised by the Government of the
United States in Puerto Rico, to Puerto Rico, and shall
recommend to Congress any appropriate legislation to carry into
effect such transfer, including any appropriate enabling
legislation as may be required by the Articles of Free
Association;
(2) negotiate all matters pertaining to the government-to-
government relationship between Puerto Rico and the United
States through the development of the Articles of Free
Association, including foreign affairs, trade, finance,
taxation, currency, economic assistance, security and defense,
dispute resolution, immigration, economic benefits (including
grants), and termination of the free association status; and
(3) endeavor to complete the Articles of Free Association
not later than 2 years after the commencement of the
constitutional Convention.
(e) Collaboration.--The Government of the territory of Puerto Rico
and the agencies of the Government of the United States shall
collaborate with the Bilateral Negotiating Commission to provide for
the orderly transfer of the functions of government as required by the
Articles of Free Association.
SEC. 211. ARTICLES OF FREE ASSOCIATION APPROVAL AND EFFECTIVE DATE.
(a) Approval.--The Articles of Free Association shall come into
effect upon mutual agreement between the Government of the United
States and the Government of Puerto Rico after completion of approval
by--
(1) a separate ratification vote on the Articles by the
eligible voters in the special election held under section 203;
and
(2) the Government of the United States in accordance with
its constitutional processes.
(b) Rejection.--If the special election under subsection (a)(1)
results in rejection of the Articles of Free Association, the process
provided for in section 210 and subsection (a) shall be repeated.
SEC. 212. TERMINATION.
The Articles of Free Association between the United States and
Puerto Rico may be terminated at will by either party at any time.
SEC. 213. INDIVIDUAL RIGHTS TO ECONOMIC BENEFITS AND GRANTS.
(a) Rights and Benefits.--All vested rights and benefits which
accrue to residents of the territory of Puerto Rico under the laws of
the United States from past services or contributions, such as rights
and benefits for veterans or relatives of veterans of the Armed Forces
of the United States, retired Government employees, or beneficiaries of
old age, disability, or survivors' insurance benefits under the Social
Security Act, shall not be interrupted after the proclamation of
international sovereignty through free association but will continue
until such time as said rights and benefits are completely extinguished
according to the applicable laws of the United States. All services
which must be rendered as part of these rights and benefits shall be
made available through the Government of the nation of Puerto Rico in
accordance with agreements reached by the two nations.
(b) Social Security System.--Notwithstanding subsection (a), all
contributions made by employees and employers in Puerto Rico to the
Social Security system with respect to persons who, upon the
proclamation of international sovereignty through free association, are
residents of the nation of Puerto Rico and are not yet eligible for old
age, disability, or survivors' insurance benefits under the system,
shall be transferred to the Government of the nation of Puerto Rico
once said Government establishes its own social security system. The
Government of the nation of Puerto Rico may not use these funds for any
purpose other than the establishment and operation of a social security
system. Upon the transfer described herein, the obligations of the
United States Government under the Social Security Act with respect to
such residents of the nation of Puerto Rico shall cease.
(c) Other Federal Transfer Payments.--All other Federal transfer
payments to individuals and to the Government of the territory of
Puerto Rico shall be maintained in the form of annual block grants to
be used discretionally by the Government of the nation of Puerto Rico--
(1) during the 10 fiscal years following the proclamation
of international sovereignty through free association, the
annual block grants shall amount to the annual aggregate
funding of all programs which currently extend to the territory
of Puerto Rico, or of all programs which shall have been
extended to the territory of Puerto Rico during the fiscal year
immediately prior to the proclamation of international
sovereignty through free association, whichever shall be
greater; and
(2) the annual block grants shall decrease thereafter on a
straight-line basis, at the rate of ten percent each year,
beginning on the eleventh fiscal year after the proclamation of
international sovereignty through free association. At any time
during the aforementioned transition period the terms of this
subsection may be modified by agreement between the United
States and the nation of Puerto Rico.
(d) Revision.--The terms and conditions of this subsection may be
revised as part of an agreement under the Articles of Free Association.
TITLE III--TRANSITION AND IMPLEMENTATION--STATEHOOD
SEC. 301. PRESIDENTIAL PROCLAMATION; ADMISSION INTO THE UNION.
If a plebiscite held under this Act results in a majority vote for
statehood:
(1) Presidential proclamation; date of admission.--Upon
receipt of the Elections Commission's certification of the
plebiscite results pursuant to section 5(d), the President
shall issue a proclamation declaring the date that Puerto Rico
is admitted as a State of the Union on an equal footing with
all other States, which shall be a date not later than one year
after the effective date of the plebiscite results.
(2) Submission of proclamation.--The President shall cause
such proclamation to be submitted to the Governor of Puerto
Rico, the legislature of Puerto Rico, the President pro tempore
of the United States Senate, the Speaker of the United States
House of Representatives, the Senate Committee on Energy and
Natural Resources, and the House Committee on Natural
Resources.
(3) Admission into the union.--Subject to the provisions of
this Act, and upon the date declared by the President for
admission of Puerto Rico as a State under the proclamation
under paragraph (1), the territory of Puerto Rico shall be a
State of the United States of America and as such admitted into
the Union on an equal footing with the other States in all
respects. Upon admission, Puerto Rico shall be known as the
State of Puerto Rico.
(4) Incorporation.--Puerto Rico shall remain unincorporated
until its admission as a State of the Union under paragraph
(3).
SEC. 302. CONFORMING AMENDMENTS TO EXISTING LAW.
(a) Review.--Not later than 30 days after the certification of a
plebiscite result under this Act in favor of statehood, the President
shall initiate a review of Federal law with respect to Puerto Rico,
including those regarding--
(1) taxation of persons and businesses;
(2) health care;
(3) housing;
(4) transportation;
(5) education; and
(6) entitlement programs.
(b) Recommendations.--Not later than one year after the date on
which the President initiates a review under subsection (a), the
President shall submit any recommendations to Congress for changes to
Federal law identified during such review, as the President deems
appropriate.
SEC. 303. TERRITORY AND BOUNDARIES.
The State of Puerto Rico shall consist of all of the islands,
together with their appurtenant reefs, seafloor, submerged lands, and
territorial waters in the seaward boundary, presently under the
jurisdiction of the territory of Puerto Rico.
SEC. 304. CONSTITUTION.
(a) In General.--The Constitution of the territory of Puerto Rico,
as approved by Public Law 82-447 and subsequently amended as of the
date of enactment of this Act is hereby found to be republican in form
and in conformity with the Constitution of the United States and the
principles of the Declaration of Independence, and is hereby accepted,
ratified, and confirmed as the Constitution of the State of Puerto
Rico.
(b) Future Constitutions.--The Constitution of the State of Puerto
Rico--
(1) shall always be republican in form; and
(2) shall not be repugnant to the Constitution of the
United States and the principles of the Declaration of
Independence.
SEC. 305. ELECTIONS OF SENATORS AND REPRESENTATIVES, CERTIFICATION, AND
LEGAL DISPUTES.
(a) Elections of Senators and Representatives.--Not more than one
month after the proclamation under section 301, the Governor of Puerto
Rico shall issue a declaration that shall designate and announce the
dates and other requirements for primary and general elections under
applicable Federal and local law for representation in the Senate and
the House of Representatives of the United States upon admission of
Puerto Rico as a State.
(b) Resident Commissioner.--The office of Resident Commissioner of
Puerto Rico shall cease to exist upon the swearing in of the first
Representative from the State of Puerto Rico to the House of
Representatives.
(c) Senators and Representatives.--
(1) In general.--Upon its admission into the Union, the
State of Puerto Rico shall be entitled to Senators and
Representatives who shall be entitled to be admitted to seats
in the Congress of the United States and to all the rights and
privileges of Senators and Representatives of the other States
in the Congress of the United States.
(2) First election of senators.--In the first election of
Senators, the two senatorial offices shall be separately
identified and designated, and no person may be a candidate for
both offices. Nothing in this section shall impair the
privilege of the Senate to determine the class and term to
which each of the Senators elected shall be assigned, with the
exception that the Senators shall not be in the same class.
(3) First election of representatives.--In the first
election of Representatives, and subsequent elections until the
next Census-based reapportionment cycle, the State of Puerto
Rico shall be entitled to the same number of Representatives as
the State whose most recent Census population was closest to,
but less than, that of Puerto Rico, and such Representatives
shall be in addition to the membership of the House of
Representatives as now prescribed by law. Any such increase in
the membership shall not operate to either increase or decrease
the permanent membership of the House of Representatives as
prescribed in the Act of August 8, 1911 (37 Stat. 13), nor
shall such temporary increase affect the basis of apportionment
established by the Act of November 15, 1941 (55 Stat. 761), for
the 83d Congress and each Congress thereafter, unless Congress
acts to increase the total number of Members of the House of
Representatives. Thereafter, the State of Puerto Rico shall be
entitled to such number of Representatives as provided for by
applicable law based on the next reapportionment. The
apportionment of congressional districts for the first election
and subsequent election of Representatives shall be conducted
as provided for by the Constitution and laws of the State of
Puerto Rico for state legislative districts.
(d) Certification of Results.--The Elections Commission shall
certify the results of primary and general elections for representation
in the Senate and the House of Representatives of the United States to
the Governor. Not later than 10 days after the date of each
certification, the Governor shall declare the results of the primary
and general elections, and transmit the results of each election to the
President of the United States, the President pro tempore of the
Senate, and the Speaker of the House of Representatives.
(e) Jurisdiction of District Court.--The United States District
Court for the District of Puerto Rico shall have original and exclusive
jurisdiction of any civil action alleging a dispute or controversy
pertaining to electoral processes conducted under this section.
SEC. 306. STATE TITLE TO LAND AND PROPERTY.
(a) State Title.--The State of Puerto Rico and its political
subdivisions and dependencies shall have and retain title to all
property, real and personal, held by the territory of Puerto Rico and
its political subdivisions and dependencies on the date of the
admission of Puerto Rico into the Union.
(b) Federal Title.--Any lands and other properties that, as of the
date of admission of Puerto Rico into the Union, are set aside pursuant
to law for the use of the United States under any--
(1) Act of Congress;
(2) Executive order;
(3) proclamation of the President; or
(4) proclamation of the Governor of the territory of Puerto
Rico,
shall remain the property of the United States.
(c) Continental Shelf.--The State of Puerto Rico shall have the
exclusive right to explore, exploit, lease, possess, and use all
seabed, natural, and mineral resources lying within three marine
leagues (nine nautical miles) from its shore, as granted under section
8 of the Act of March 2, 1917 (48 U.S.C. 749; 39 Stat. 954). All other
rights of sovereignty in regards to the continental shelf and waters,
shall belong to the United States, except those already vested in
Puerto Rico.
SEC. 307. CONTINUITY OF LAWS, GOVERNMENT, AND OBLIGATIONS.
Upon the admission of the State of Puerto Rico into the Union:
(1) Continuity of laws.--All of the territorial laws in
force in Puerto Rico on the date of issuance of the
proclamation described in section 301(1) not inconsistent with
this Act or the Constitution of the State of Puerto Rico shall
be and continue in force and effect throughout the State, until
amended, modified, or repealed by the State. All of the laws of
the United States shall have the same force and effect within
the State as in the other several States.
(2) Continuity of government.--The individuals holding
legislative, executive, and judicial offices of Puerto Rico
shall continue to discharge the duties of their respective
offices when Puerto Rico becomes a State of the Union in,
under, or by authority of the government of the State, as
provided by the constitution and laws of the State.
(3) Continuity of obligations.--All contracts, obligations,
liabilities, debts, and claims of the territory of Puerto Rico
and its instrumentalities at the moment of admission shall
continue in full force and effect as the contracts,
obligations, liabilities, debts, and claims of the State of
Puerto Rico and its instrumentalities when Puerto Rico becomes
a State of the Union.
(4) Use and enjoyment of property.--All laws of the United
States reserving to the United States the free use or enjoyment
of property which vests in or is conveyed to the State of
Puerto Rico or its political subdivisions pursuant to this
section or reserving the right to alter, amend, or repeal laws
relating thereto, shall cease to be effective.
SEC. 308. JUDICIAL PRONOUNCEMENTS.
(a) Pending.--No writ, action, indictment, cause, or proceeding
pending in any court of the territory of Puerto Rico, shall abate by
reason of the admission of the State of Puerto Rico into the Union, but
shall proceed within such appropriate State courts as shall be
established under the Constitution of the State of Puerto Rico, or
shall continue in the United States District Court for the District of
Puerto Rico, as the nature of the case may require.
(b) Not Yet Pending.--All civil causes of action and all criminal
offenses, which shall have arisen or been committed before the
admission of the State, but as to which no writ, action, indictment, or
proceeding shall be pending at the date of such admission, shall be
subject to prosecution in the appropriate State courts or in the United
States District Court for the District of Puerto Rico in like manner,
to the same extent, and with like right of appellate review, as if such
State had been created and such State courts had been established prior
to the accrual of such causes of action or the commission of such
offenses. The admission of the State shall effect no change in the
procedural or substantive laws governing causes of action and criminal
offenses which shall have arisen or been committed, and any such
criminal offenses as shall have been committed against the laws of the
territory of Puerto Rico, shall be tried and punished by the
appropriate courts of the State, and any such criminal offenses as
shall have been committed against the laws of the United States shall
be tried and punished in the United States District Court for the
District of Puerto Rico.
(c) Appeals.--Parties shall have the same rights of judicial review
of final decisions of the United States District Court for the District
of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally
decided prior to the admission of the State of Puerto Rico into the
Union, whether or not an appeal therefrom shall have been perfected
prior to such admission. The United States Court of Appeals for the
First Circuit and the Supreme Court of the United States, shall have
the same jurisdiction in such cases as by law provided prior to the
admission of the State into the Union. Any mandate issued subsequent to
the admission of the State, shall be to the United States District
Court for the District of Puerto Rico or a court of the State, as
appropriate. Parties shall have the same rights of appeal from and
appellate review of all orders, judgments, and decrees of the United
States District Court for the District of Puerto Rico and of the
Supreme Court of Puerto Rico, in any case pending at the time of
admission of the State into the Union, and the Supreme Court of Puerto
Rico and the Supreme Court of the United States shall have the same
jurisdiction therein, as by law provided in any case arising subsequent
to the admission of the State into the Union.
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| [
"Government Operations and Politics"
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118HR2758 | Returning Worker Accountability Act of 2023 | [
[
"H001077",
"Rep. Higgins, Clay [R-LA-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2758 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2758
To amend the Immigration and Nationality Act to make the exception for
returning workers permanent, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to make the exception for
returning workers permanent, 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 ``Returning Worker Accountability Act
of 2023''.
SEC. 2. RETURNING WORKER EXCEPTION MADE PERMANENT.
Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(9)) is amended--
(1) in subparagraph (A), by striking ``who has already been
counted toward the numerical limitation of paragraph (1)(B)
during fiscal year 2019, 2020, or 2021 shall not again be
counted toward such limitation during fiscal year 2022'' and
inserting ``shall not be counted toward the numerical
limitation of paragraph (1)(B) for a fiscal year if that alien
has already been counted toward such limitation during any of
the 3 fiscal years immediately preceding that fiscal year and
shall satisfy the requirements under subparagraph (D)''; and
(2) by adding at the end the following:
``(D) The requirement under this subparagraph is as
follows:
``(i) An alien shall participate in the
biometric entry and exit system (as such term
is defined in section 7208(b) of the
Intelligence Reform and Terrorism Prevention
Act of 2004 (8 U.S.C. 1365b(b))). Any
information collected by reason of
participation in such system shall be shared
with the Biometric Identification Transnational
Migration Alert Program of US Immigration and
Customs Enforcement and the Office of Biometric
Identity Management of the Department of
Homeland Security.
``(ii) The information referred to in
clause (i) shall be used to investigate an
alien who has been counted toward the numerical
limitation of paragraph (1)(B) for a fiscal
year, and to determine if that alien has ever
used an alias while working or present in the
United States. If an alias is identified, that
alien shall be evaluated to determine if the
alien poses a national security threat, if the
alien has a criminal history, and if the alien
is inadmissible.''.
SEC. 3. ENHANCED VETTING.
The Secretary of Homeland Security shall use the biometric data to
vet named workers against supporting evidence (including copies of
passport, current and previous visas, entry documents) and identify any
aliases. If an alias is identified, the Secretary shall vet named
workers and aliases for potential national security threat, criminal
history, and inadmissibility. If the alien is found to violate the
factors, the alien shall not be banned from participating in the H-2B
program.
<all>
</pre></body></html>
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118HR2759 | Strategic Petroleum Reserve Transparency Act | [
[
"H001058",
"Rep. Huizenga, Bill [R-MI-4]",
"sponsor"
],
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"D000032",
"Rep. Donalds, Byron [R-FL-19]",
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"cosponsor"
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[
"N000189",
"Rep. Newhouse, Dan [R-WA-4]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2759 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2759
To establish a special notice requirement for certain drawdowns or
sales from the Strategic Petroleum Reserve.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Huizenga (for himself and Mr. Donalds) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish a special notice requirement for certain drawdowns or
sales from the Strategic Petroleum Reserve.
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 ``Strategic Petroleum Reserve
Transparency Act''.
SEC. 2. STRATEGIC NOTICE REQUIREMENT.
Section 161 of the Energy Policy and Conservation Act (42 U.S.C.
6241) is amended by adding at the end the following:
``(k) Special Notice Requirement.--For any drawdown or sale of
petroleum products from the Strategic Petroleum Reserve that occurs
during the 5-month period immediately preceding a regularly scheduled
Federal general election, the Secretary shall, concurrently with such
drawdown or sale, submit in writing to Congress a report detailing the
reason for such drawdown or sale.''.
<all>
</pre></body></html>
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118HR276 | DHS Cybersecurity On-the-Job Training and Employment Apprentice Program Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>DHS Cybersecurity On-the-Job Training and Employment Apprentice Program Act</b></p> <p>This bill requires the Department of Homeland Security (DHS) to establish a DHS Cybersecurity On-the-Job Training and Employment Apprentice Program to identify and train DHS employees for cybersecurity work.</p> <p>The Cybersecurity and Infrastructure Security Agency within DHS must lead the program. Among other things, the agency must (1) track the status of cybersecurity positions at DHS, (2) develop a program curriculum, and (3) recruit DHS employees for the program.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 276 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 276
To amend the Homeland Security Act of 2002 to establish a DHS
Cybersecurity On-the-Job Training and Employment Apprentice Program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to establish a DHS
Cybersecurity On-the-Job Training and Employment Apprentice 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 ``DHS Cybersecurity On-the-Job
Training and Employment Apprentice Program Act''.
SEC. 2. DHS CYBERSECURITY ON-THE-JOB TRAINING AND EMPLOYMENT APPRENTICE
PROGRAM.
(a) In General.--Subtitle A of title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:
``SEC. 2220E. DHS CYBERSECURITY ON-THE-JOB TRAINING AND EMPLOYMENT
APPRENTICE PROGRAM.
``(a) In General.--Not later than 18 months after the date of the
enactment of this section, the Secretary shall establish a `DHS
Cybersecurity On-the-Job Training and Employment Apprentice Program'
(in this section referred to as the `Program') to identify Department
employees for work in matters relating to cybersecurity at the
Department. The Program shall be led by the Director. The Secretary may
provide the Director with such officers or employees of the Department
as are necessary to carry out the Program.
``(b) Duties.--In carrying out the Program under subsection (a),
the Director shall--
``(1) submit to the Secretary a monthly report on the
status of vacancies in cybersecurity positions throughout the
Department;
``(2) identify diagnostic tools that can accurately and
reliably measure an individual's capacity to perform
cybersecurity related jobs or serve in positions associated
with network or computing security;
``(3) in consultation with relevant Department component
heads, identify a roster of positions that may be a good fit
for the Program and make recommendations to the Secretary
relating to such identified positions;
``(4) develop a curriculum for the Program, which may
include distance learning instruction, in-classroom instruction
within a work location, on-the-job instruction under the
supervision of experienced cybersecurity staff, or other means
of training and education as determined appropriate by the
Secretary;
``(5) recruit individuals employed by the Department to
participate in the Program;
``(6) determine the best means for training and retention
of Department employees enrolled in the Program;
``(7) maintain an accurate numeration and description of
all filled and unfilled cybersecurity positions within the
Department by office and component;
``(8) keep up-to-date a roster of open positions relating
to cybersecurity, as determined and approved by the Secretary,
and the skills applicants must attain to qualify to fill such
positions;
``(9) maintain information on individuals enrolled in the
Program; and
``(10) annually submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report containing information relating to the duties specified
in this subsection.''.
(b) Technical, Conforming, and Clerical Amendments.--
(1) Homeland security act of 2002.--The table of contents
in section 1(b) of the Homeland Security Act of 2002 is
amended--
(A) by moving the item relating to section 2220D to
appear after the item relating to section 2220C; and
(B) by inserting after the item relating to section
2220D the following new item:
``Sec. 2220E. DHS Cybersecurity On-the-Job Training and Employment
Apprentice Program.''.
(2) National defense authorization act for fiscal year
2022.--
(A) In general.--Subsection (a) of section 1548 of
the National Defense Authorization Act for Fiscal Year
2022 is amended by striking ``Title XXII of the
Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is
further amended by adding at the end the following new
section:'' and inserting ``Subtitle A of title XXII of
the Homeland Security Act of 2002 (6 U.S.C. 651 et
seq.) is amended by inserting after section 2220B the
following new section:''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect and apply as if
enacted as part of the National Defense Authorization
Act for Fiscal Year 2022.
<all>
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118HR2761 | SPARC Act | [
[
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"Rep. Joyce, John [R-PA-13]",
"sponsor"
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[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2761 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2761
To amend the Public Health Service Act to authorize a loan repayment
program to encourage specialty medicine physicians to serve in rural
communities experiencing a shortage of specialty medicine physicians,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Joyce of Pennsylvania (for himself and Ms. Ross) 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 a loan repayment
program to encourage specialty medicine physicians to serve in rural
communities experiencing a shortage of specialty medicine physicians,
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 ``Specialty Physicians Advancing Rural
Care Act'' or the ``SPARC Act''.
SEC. 2. SPECIALTY MEDICAL PRACTITIONERS WORKFORCE IN RURAL COMMUNITIES.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 795j et seq.) as
part H; and
(2) by inserting after part F (42 U.S.C. 295h) the
following new part:
``PART G--SPECIALTY MEDICINE WORKFORCE IN RURAL COMMUNITIES
``SEC. 782. LOAN REPAYMENT PROGRAM.
``(a) In General.--
``(1) Program for specialty medicine physicians.--The
Secretary, acting through the Administrator of the Health
Resources and Services Administration, shall carry out a
program under which--
``(A) the Secretary enters into agreements with
specialty medicine physicians to make payments in
accordance with subsection (b) on the principal of and
interest on any eligible loans described in subsection
(c); and
``(B) the specialty medicine physicians each agree
to complete a period of obligated service described in
subsection (d) as a specialty medicine physician in the
United States in a rural community experiencing a
shortage of specialty medicine physicians.
``(2) Program for non-physician specialty health care
providers.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may carry out
a program under which--
``(A) the Secretary enters into agreements with
non-physician specialty health care providers to make
payments in accordance with subsection (b) on the
principal of and interest on any eligible loans
described in subsection (c); and
``(B) the non-physician specialty health care
providers each agree to complete a period of obligated
service described in subsection (d) as a non-physician
specialty health care provider in the United States in
a rural community experiencing a shortage of such
providers.
``(b) Payments.--For each year of obligated service by a specialty
medicine physician pursuant to an agreement under subsection (a)(1) or
by a non-physician specialty health care provider pursuant to an
agreement under subsection (a)(2), the Secretary shall make a payment
to such physician or provider as follows:
``(1) Service in shortage area.--The Secretary shall pay--
``(A) for each year of obligated service by a
specialty medicine physician or non-physician specialty
health care provider pursuant to an agreement under
paragraph (1) or (2) of subsection (a), \1/6\ of the
principal of and interest on each eligible loan of the
physician or provider which is outstanding on the date
the physician or provider began service pursuant to the
agreement; and
``(B) for completion of the sixth and final year of
such service, the remainder of such principal and
interest.
``(2) Maximum amount.--The total amount of payments under
this section to any specialty medicine physician or non-
physician specialty health care provider shall not exceed
$250,000.
``(c) Eligible Loans.--The loans eligible for repayment under this
section are each of the following:
``(1) Any loan for education in specialty medicine or
specialty health care.
``(2) Any Federal Direct Stafford Loan, Federal Direct PLUS
Loan, Federal Direct Unsubsidized Stafford Loan, or Federal
Direct Consolidation Loan (as such terms are used in section
455 of the Higher Education Act of 1965).
``(3) Any Federal Perkins Loan under part E of title I of
the Higher Education Act of 1965.
``(4) Any other Federal loan as determined appropriate by
the Secretary.
``(d) Period of Obligated Service.--Any specialty medicine
physician or non-physician specialty health care provider receiving
payments under this section as required by an agreement under paragraph
(1) or (2) of subsection (a) shall agree to a 6-year commitment to
full-time employment, with no more than 1 year passing between any 2
years of covered employment, as a specialty medicine physician or non-
physician specialty health care provider, as applicable, in the United
States in a rural community experiencing a shortage of specialty
medicine physicians or non-physician specialty health care providers,
as applicable.
``(e) Ineligibility for Double Benefits.--No borrower may, for the
same service, receive a reduction of loan obligations or a loan
repayment under both--
``(1) this section; and
``(2) any federally supported loan forgiveness program,
including under section 338B, 338I, or 846 of this Act, or
section 428J, 428L, 455(m), or 460 of the Higher Education Act
of 1965.
``(f) Breach.--
``(1) Liquidated damages formula.--The Secretary may
establish a liquidated damages formula to be used in the event
of a breach of an agreement entered into under paragraph (1) or
(2) of subsection (a).
``(2) Limitation.--The failure by a specialty medicine
physician or a non-physician specialty health care provider to
complete the full period of service obligated pursuant to such
an agreement, taken alone, shall not constitute a breach of the
agreement, so long as the physician or provider completed in
good faith the years of service for which payments were made to
the physician or provider under this section.
``(g) Special Rules for Non-Physician Specialty Health Care
Providers.--Non-physician specialty health care providers participating
in the program under this section are not eligible for other Federal
loan forgiveness programs specific to health care providers. Not more
than 15 percent of amounts made available to carry out this section for
a fiscal year may be allocated to awards to non-physician specialty
health care providers.
``(h) Reports to Congress.--Not later than 5 years after the date
of enactment of this section, and not less than every other year
thereafter through fiscal year 2031, the Secretary shall report to
Congress on--
``(1) the practice location of special medicine physicians
and non-physician specialty health care providers
participating, or who have participated, in the loan repayment
program under this section; and
``(2) the impact of the loan repayment program under this
section on the availability of specialty medicine or specialty
health care services in the United States in rural communities
experiencing a shortage of specialty medicine physicians or
non-physician specialty health care providers.
``(i) Data Updates.--The Administrator of the Health Resources and
Services Administration shall update publicly available data on the
supply of specialty medicine physicians and non-physician specialty
health care providers, as appropriate.
``(j) Definitions.--In this section:
``(1) Non-physician specialty health care provider.--The
term `non-physician specialty health care provider' means a
health professional other than a physician who is licensed to
provide patient care other than primary care services.
``(2) Specialty medicine physician.--The term `specialty
medicine physician' means a physician practicing in--
``(A) a specialty identified in the report of the
Health Resources and Services Administration, titled
`Projecting the Supply of Non-Primary Care Specialty
and Subspecialty Clinicians: 2010-2025';
``(B) hospice and palliative medicine;
``(C) geriatric medicine; or
``(D) another medical specialty, if the Secretary
determines that there is evidence demonstrating a
significant shortage of providers in the medical
specialty and limited patient access to care.
``(k) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2032.''.
<all>
</pre></body></html>
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118HR2762 | Tribal Family Fairness Act | [
[
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"Rep. Kamlager-Dove, Sydney [D-CA-37]",
"sponsor"
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[
"B001298",
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2762 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2762
To remove administrative barriers to participation of Indian tribes in
Federal child welfare programs, and increase Federal funding for tribal
child welfare programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Kamlager-Dove (for herself, Mr. Bacon, and Ms. Davids of Kansas)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To remove administrative barriers to participation of Indian tribes in
Federal child welfare programs, and increase Federal funding for tribal
child welfare programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Family Fairness Act''.
SEC. 2. ADDITIONAL RESOURCES AND IMPROVEMENTS FOR TRIBAL CHILD WELFARE
PROGRAMS.
(a) Minimum Grant Amount.--Section 433(a) of the Social Security
Act (42 U.S.C. 629c(a)) is amended to read as follows:
``(a) Indian Tribes or Tribal Consortia.--
``(1) Indian tribes.--
``(A) In general.--From the amount reserved
pursuant to section 436(b)(3) for any fiscal year, the
Secretary shall allot to each Indian tribe with a plan
approved under this subpart--
``(i) $10,000; plus
``(ii) an amount that bears the same ratio
to the adjusted reserved amount as the number
of children in the Indian tribe bears to the
total number of children in all Indian tribes
with State plans so approved, as determined by
the Secretary on the basis of the most current
and reliable information available to the
Secretary.
``(B) Adjusted reserve amount.--In subparagraph
(A), the term `adjusted reserved amount' means, with
respect to a fiscal year--
``(i) the amount reserved pursuant to
section 436(b)(3) for the fiscal year; minus
``(ii) the product of--
``(I) $10,000; and
``(II) the number of Indian tribes
to which an allotment is made under
this subsection for the fiscal year.
``(2) Tribal consortia.--If a consortium of Indian tribes
submits a plan approved under this subpart, the Secretary shall
allot to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is part of the
consortium.''.
(b) Increase in the Tribal Set-Aside of Mandatory Funding To
Promote Safe and Stable Families Funding.--Section 436(b)(3) of the
Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking
``After applying paragraphs (4) and (5) (but before applying paragraphs
(1) or (2)), the Secretary shall reserve 3 percent'' and inserting
``The Secretary shall reserve 4.5 percent''.
(c) Increase in Mandatory Funding.--Section 436(a) of the Social
Security Act (42 U.S.C. 629f(a)) is amended by striking
``$345,000,000'' and inserting ``$356,000,000''.
(d) Increase in Funds Reserved for the Court Improvement Program.--
Section 436(b)(2) of the Social Security Act (42 U.S.C. 629f(b)(2)) is
amended by striking ``$30,000,000'' and inserting ``$34,000,000''.
(e) Authority To Use Funds To Facilitate and Support Tribal
Customary Adoptions.--Section 432(b)(2) of the Social Security Act (42
U.S.C. 629b(b)(2)) is amended by adding at the end the following:
``(C) Authority to use funds for tribal customary
adoptions.--An Indian tribe or tribal consortium may
use amounts provided under this part to facilitate and
support tribal customary adoptions.''.
(f) Streamlining of Application and Reporting Requirements.--
(1) Application requirements.--Section 432(b)(2)(A) of the
Social Security Act (42 U.S.C. 629b(b)(2)(A)) is amended--
(A) by striking ``subsection (a)(4) of this
section'' and inserting ``paragraphs (2), (4), and (5)
of subsection (a)''; and
(B) by adding at the end the following: ``The
Secretary shall exempt a plan of an Indian tribe or
tribal consortium from the requirements of paragraphs
(2) and (5) of subsection (a) for a fiscal year if the
total amount provided to the Indian tribe or tribal
consortium under this subpart for the fiscal year is
less than $50,000. If the Secretary exempts a plan of
an Indian tribe or tribal consortium from a requirement
of paragraph (2) or (5) of subsection (a), the Indian
tribe or tribal consortium may provide the Secretary
with the relevant information in a streamlined form.''.
(2) Reporting requirements.--Section 428 of the Social
Security Act (42 U.S.C. 628) is amended by adding at the end
the following:
``(d) Authority To Streamline Reporting Requirements.--The
Secretary shall, in consultation with the affected Indian tribes,
modify any reporting requirement imposed by or under this part on an
Indian tribe, tribal organization, or tribal consortium if the total of
the amounts allotted to the Indian tribe, tribal organization, or
tribal consortium under this part for the fiscal year is not more than
$50,000, and in a manner that limits the administrative burden on any
tribe to which less than $50,000 is allotted under this subpart for the
fiscal year.''.
(g) Use of In-Kind Expenditures To Meet Tribal Matching Rate.--
(1) Stephanie tubbs jones child welfare services program.--
Section 428 of the Social Security Act (42 U.S.C. 628), as
amended by subsection (f)(2) of this section, is amended by
adding at the end the following:
``(e) Use of In-Kind Expenditures To Meet Matching Rate.--In
determining the amount expended by an Indian tribe for activities under
this subpart, the Secretary may take into account in-kind expenditures
of the Indian tribe.''.
(2) Marylee allen promoting safe and stable families
program.--Section 434 of the Social Security Act (42 U.S.C.
629d) is amended by adding at the end the following:
``(e) Use of In-Kind Expenditures To Meet Matching Rate.--In
determining the amount expended by an Indian tribe for activities under
this subpart, the Secretary may take into account in-kind expenditures
of the Indian tribe.''.
(h) Authority of Indian Tribal Organization To Elect To Substitute
the Federal Negotiated Indirect Cost Rate for Administrative Costs
Cap.--
(1) Stephanie tubbs jones child welfare services program.--
Section 428 of the Social Security Act (42 U.S.C. 628), as
amended by subsections (f)(2) and (g)(1) of this section, is
amended by adding at the end the following:
``(f) Tribal Authority To Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 422(b)(14) and 424(e), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 225 of title 2, Code of Federal Regulations (OMB Circular A-87)
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
(2) Marylee allen promoting safe and stable families
program.--Section 434 of the Social Security Act (42 U.S.C.
629d), as amended by subsection (g)(2) of this section, is
amended by adding at the end the following:
``(f) Tribal Authority To Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 432(a)(4) and 434(d), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 225 of title 2, Code of Federal Regulations (OMB Circular A-87)
with respect to the administrative costs of the Indian tribal
organization apply in lieu of the percentage specified in each such
section.''.
(i) Technical Correction.--Section 428(c) of the Social Security
Act (42 U.S.C. 628(c)) is amended by striking ``450b'' and inserting
``5304''.
(j) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2023, and shall apply to payments
under part B of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed under part B of
title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this section,
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
<all>
</pre></body></html>
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118HR2763 | PROTECT 911 Act | [
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"cospon... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2763 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2763
To require the Secretary of Health and Human Services to improve the
detection, prevention, and treatment of mental health issues among
public safety telecommunicators.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Kelly of Illinois (for herself, Mrs. Torres of California, Mr.
Fitzpatrick, Ms. Norton, Ms. Blunt Rochester, Ms. Titus, Mr. Kim of New
Jersey, Ms. Scholten, Ms. Budzinski, and Mr. Vasquez) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services to improve the
detection, prevention, and treatment of mental health issues among
public safety telecommunicators.
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 ``Providing Resources and Occupational
Training for Emotional Crisis and Trauma in 911 Act'' or the ``PROTECT
911 Act''.
SEC. 2. BEST PRACTICES AND OTHER RESOURCES FOR ADDRESSING MENTAL HEALTH
IN PUBLIC SAFETY TELECOMMUNICATORS.
(a) Best Practices.--The Secretary shall--
(1) develop and make publicly available evidence-based best
practices to identify, prevent, and treat posttraumatic stress
disorder and co-occurring disorders in public safety
telecommunicators; and
(2) periodically reassess and update, as the Secretary
determines necessary, such best practices.
(b) Development of Resources for Educating Mental Health
Professionals About Treating Public Safety Telecommunicators.--The
Secretary shall develop and make publicly available resources that may
be used by the Federal Government and other entities to educate mental
health professionals about--
(1) the culture of emergency communications centers;
(2) the different stressors experienced by public safety
telecommunicators;
(3) challenges encountered by retired public safety
telecommunicators; and
(4) evidence-based therapies for mental health issues
common to public safety telecommunicators.
(c) Consultation.--In developing best practices under subsection
(a) and resources under subsection (b), the Secretary shall consult
with--
(1) public health experts;
(2) mental health experts with experience studying suicide,
posttraumatic stress disorder, and other illnesses associated
with job-related stress;
(3) clinicians with experience in diagnosing and treating
mental health issues; and
(4) relevant national nonprofit associations of public
safety telecommunicators.
(d) Definitions.--
(1) Emergency communications center.--The term ``emergency
communications center'' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
(B) Dispatch appropriate emergency response
providers.
(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
(D) Analyze any communications received from
emergency response providers.
(E) Support incident command functions.
(2) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means a public safety
telecommunicator as designated in detailed occupation 43-5031
in the Standard Occupational Classification Manual of the
Office of Management and Budget (2018), or any successor
designation.
SEC. 3. GRANTS FOR BEHAVIORAL HEALTH AND WELLNESS PROGRAMS WITHIN
EMERGENCY COMMUNICATIONS CENTERS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320C. GRANTS FOR BEHAVIORAL HEALTH AND WELLNESS PROGRAMS WITHIN
EMERGENCY COMMUNICATIONS CENTERS.
``(a) In General.--The Secretary shall award grants to State,
local, and regional emergency communications centers and other eligible
entities for the purpose of establishing or enhancing behavioral health
and wellness programs.
``(b) Program Description.--A behavioral health and wellness
program funded under this section shall--
``(1) establish evidence-based behavioral health and
wellness programs for emergency communications centers to
support public safety telecommunicators, including programs
dedicated to raising awareness of, preventing, and mitigating
job-related mental health issues;
``(2) establish or enhance peer-support behavioral health
and wellness programs;
``(3) acquire materials or instructors to provide such
training; and
``(4) disseminate such information and materials as are
necessary to carry out the program.
``(c) Definitions.--
``(1) Emergency communications center.--The term `emergency
communications center' means a facility that is designated to
receive a 9-1-1 request for emergency assistance and perform
one or more of the following functions:
``(A) Process and analyze 9-1-1 requests for
emergency assistance and other gathered information.
``(B) Dispatch appropriate emergency response
providers.
``(C) Transfer or exchange 9-1-1 requests for
emergency assistance and other gathered information
with other emergency communications centers and
emergency response providers.
``(D) Analyze any communications received from
emergency response providers.
``(E) Support incident command functions.
``(2) Other eligible entity.--The term `other eligible
entity' means a nonprofit organization with expertise and
experience with respect to the health and wellness of public
safety telecommunicators, including State, local, and regional
9-1-1 authorities and State, regional, and national public
safety communications associations.
``(3) Peer-support behavioral health and wellness
program.--The term `peer-support behavioral health and wellness
program' means programs that use public safety
telecommunicators to serve as peer counselors or provide
training to public safety telecommunicators to serve as such
peer counselors.
``(4) Public safety telecommunicator.--The term `public
safety telecommunicator' means a public safety telecommunicator
as designated in detailed occupation 43-5031 in the Standard
Occupational Classification Manual of the Office of Management
and Budget (2018), or any successor designation.''.
<all>
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118HR2764 | Green New Deal for Health Act | [
[
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"Rep. Khanna, Ro [D-CA-17]",
"sponsor"
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[
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"Rep. Lee, Summer L. [D-PA-12]",
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],
[
"G00058... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2764
To establish a Green New Deal for Health to prepare and empower the
health care sector to protect the health and well-being of our workers,
our communities, and our planet in the face of the climate crisis, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Khanna (for himself, Ms. Lee of Pennsylvania, Ms. Jayapal, Mr.
Frost, Mr. Garcia of Illinois, Ms. Lee of California, Mr. Bowman, Ms.
Tlaib, Ms. Norton, Ms. Ocasio-Cortez, Ms. Tokuda, Mr. Casar, Ms.
Velazquez, Ms. Pressley, Mr. Torres of New York, Ms. Clarke of New
York, Mr. Robert Garcia of California, Mrs. Ramirez, Ms. Omar, Mr.
Grijalva, Mrs. Watson Coleman, and Ms. Kamlager-Dove) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and Means, 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 establish a Green New Deal for Health to prepare and empower the
health care sector to protect the health and well-being of our workers,
our communities, and our planet in the face of the climate crisis, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Green New Deal for
Health Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and sense of Congress on health and climate change.
TITLE I--WHOLE-OF-GOVERNMENT APPROACH
Sec. 101. Definitions.
Sec. 102. Office of Climate Change and Health Equity; national
strategic action plan.
Sec. 103. Advisory board.
Sec. 104. Climate change health protection and promotion reports.
Sec. 105. Authorization of appropriations.
TITLE II--PROTECTING ESSENTIAL HEALTH CARE ACCESS
Sec. 201. Maintenance of health care access relating to hospital
discontinuation of services or closure.
Sec. 202. Empowering community health in environmental justice
communities.
TITLE III--GREEN AND RESILIENT HEALTH CARE INFRASTRUCTURE
Sec. 301. Green Hill-Burton funds for climate-ready medical facilities.
Sec. 302. Planning and Evaluation Grant Program.
TITLE IV--HEALTH CARE SECTOR DECARBONIZATION
Sec. 401. Office of Sustainability and Environmental Impact.
Sec. 402. Climate risk disclosure for medical supplies.
Sec. 403. Green health care manufacturing.
TITLE V--A HEALTH WORKFORCE TO TACKLE THE CLIMATE CRISIS
Sec. 501. Education and training relating to health risks associated
with climate change.
Sec. 502. Building a community health workforce for the climate crisis.
Sec. 503. Safeguarding essential health care workers.
TITLE VI--SAFE, STRONG, AND RESILIENT COMMUNITIES
Subtitle A--Empowering Resilient Community Mental Health
Sec. 601. Grants for resilient community mental health.
Subtitle B--Understanding and Preventing Heat Risk
Sec. 611. Definitions.
Sec. 612. Study on extreme heat information and response.
Sec. 613. Financial assistance for research and resilience in
addressing extreme heat risks.
Sec. 614. Authorization of appropriations.
Subtitle C--Home Resiliency for Medical Needs
Sec. 621. Medicare coverage of medically necessary home resiliency
services.
TITLE VII--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
Sec. 701. Research and innovation for climate and health.
SEC. 2. DEFINITIONS.
In this Act:
(1) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(2) Individual disproportionately affected by climate
change.--The term ``individual disproportionately affected by
climate change'' means an individual that may face elevated
mental and physical health risks due to climate change based on
2 or more of the following factors:
(A) Age under 5 years old or over 65 years old.
(B) Race and ethnicity, and experience of racial
bias.
(C) Sex, gender, and gender minority status.
(D) Being of reproductive age.
(E) Exposure to environmental health risks due to
living conditions or location, including current or
past experience of homelessness.
(F) Occupation or exposure to occupational hazards.
(G) Household income.
(H) Disability.
(I) Co-morbidities.
(J) Current or past exposure to personal or
systemic trauma, including natural disasters.
(K) Immigration status.
(L) Language isolation.
(3) Medically underserved community.--The term ``medically
underserved community'' has the meaning given such term in
section 799B of the Public Health Service Act (42 U.S.C. 295p).
SEC. 3. FINDINGS AND SENSE OF CONGRESS ON HEALTH AND CLIMATE CHANGE.
(a) Findings.--Congress finds that, according to the assessment of
the United States Global Change Research Program entitled ``The Impacts
of Climate Change on Human Health in the United States: A Scientific
Assessment'' and dated 2016--
(1) the impacts of human-induced climate change are
increasing nationwide;
(2) rising greenhouse gas concentrations result in
increases in temperature, changes in precipitation, increases
in the frequency and intensity of some extreme weather events,
and rising sea levels;
(3) the climate change impacts described in paragraph (2)
endanger our health by affecting--
(A) our access to care, food, and water sources;
(B) the air we breathe;
(C) the weather we experience; and
(D) our interactions with the built and natural
environments; and
(4) as the climate continues to change, the risks to human
health continue to grow.
(b) Sense of Congress.--It is the sense of Congress that--
(1) climate change poses threats to the United States and
globally through its impacts on society, the economy, the
physical environment, and physical and mental health;
(2) climate change health threats are growing in scale and
severity;
(3) climate change disproportionately affects individuals
in the United States who are economically disadvantaged, belong
to communities of color, or have other social and health
vulnerabilities;
(4) the health care sector accounts for 8.5 percent of
United States emissions, further worsening the overall health
impacts of climate change; and
(5) the Federal Government, working with international,
State, Tribal, and local governments, nongovernmental
organizations, businesses, and individuals, should use all
practicable means and measures--
(A) to deploy a whole-of-government and whole-of-
health approach to protect our collective health from
the impacts of climate change and to mitigate
environmental health impacts from health sector
operations;
(B) to build a just health care ecosystem where all
Americans have access to dignified, high-quality care
in their communities;
(C) to ensure the health care system is resilient
to extreme weather and can continue to provide care
before, during, and after crises;
(D) to lead the health sector to decarbonize its
facilities and operations in an equitable and just
manner;
(E) to empower a thriving health workforce with
good, high-wage union jobs and to recognize the value
of all of the essential workers that enable high-
quality health care; and
(F) to invest in, empower, and build safe, strong,
and resilient communities.
TITLE I--WHOLE-OF-GOVERNMENT APPROACH
SEC. 101. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Office.
(2) National strategic action plan.--The term ``national
strategic action plan'' means the national strategic action
plan published pursuant to section 102(b)(1).
(3) Office.--The term ``Office'' means the Office of
Climate Change and Health Equity established by section
102(a)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 102. OFFICE OF CLIMATE CHANGE AND HEALTH EQUITY; NATIONAL
STRATEGIC ACTION PLAN.
(a) Office of Climate Change and Health Equity.--
(1) Establishment.--
(A) In general.--There is established within the
Department of Health and Human Services the Office of
Climate Change and Health Equity.
(B) Purpose.--The purpose of the Office shall be to
facilitate a robust, Federal response to the impact of
climate change on the health of the American people and
the health care system.
(C) Director.--There is established the position of
Director of the Office, who--
(i) shall be the head of the Office; and
(ii) may report to the Assistant Secretary
for Health.
(2) Activities.--The duties of the Office shall be to
address priority health actions relating to the health impacts
of climate change, including by doing each of the following:
(A) Contribute to assessments of how climate change
is affecting the health of individuals living in the
United States.
(B) Understand the needs of the populations most
disproportionately affected by climate-related health
threats.
(C) Serve as a credible source of information on
the physical, mental, and behavioral health
consequences of climate change.
(D) Align Federal efforts to deploy climate-
conscious human services and direct services to support
and protect populations composed of individuals
disproportionately affected by climate change.
(E) Create and distribute tools and resources to
support climate resilience for the health sector,
community-based organizations, and individuals.
(F) Create and distribute tools and resources to
support health sector efforts to track and decrease
greenhouse gas emissions.
(G) Lead efforts to reduce the carbon footprint and
environmental impacts of the health sector.
(H) Carry out other activities determined
appropriate by the Secretary.
(b) National Strategic Action Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, on the basis of the best
available science, and in consultation pursuant to paragraph
(2), shall publish a national strategic action plan to
coordinate effective deployment of Federal efforts to ensure
that public health and health care systems are prepared for and
can respond to the impacts of climate change on health in the
United States.
(2) Consultation.--In developing or making any revision to
the national strategic action plan, the Secretary shall--
(A) consult with the Director, the Administrator of
the Environmental Protection Agency, the Under
Secretary of Commerce for Oceans and Atmosphere, the
Administrator of the National Aeronautics and Space
Administration, the Director of the Indian Health
Service, the Secretary of Labor, the Secretary of
Defense, the Secretary of State, the Secretary of
Veterans Affairs, the National Environmental Justice
Advisory Council, the heads of other appropriate
Federal agencies, Tribal governments, and State and
local government officials; and
(B) provide meaningful opportunity for engagement,
comment, and consultation with relevant public
stakeholders, particularly representatives of
populations composed of individuals disproportionately
affected by climate change, environmental justice
communities, Tribal communities, health care providers,
public health organizations, and scientists.
(3) National strategic action plan components.--The
national strategic action plan shall include an assessment of,
and strategies to improve, the health sector capacity of the
United States to address climate change, including--
(A) identifying, prioritizing, and engaging
communities and populations who are disproportionately
affected by exposures to climate hazards;
(B) addressing mental and physical health
disparities exacerbated by climate impacts to enhance
community health resilience;
(C) identifying the link between environmental
injustice and vulnerability to the impacts of climate
change and prioritizing those who have been harmed by
environmental and climate injustice;
(D) providing outreach and communication aimed at
public health and health care professionals and the
public to promote preparedness and response strategies;
(E) tracking and assessing programs across Federal
agencies to advance research related to the impacts of
climate change on health;
(F) identifying and assessing existing preparedness
and response strategies for the health impacts of
climate change;
(G) prioritizing critical public health and health
care infrastructure projects;
(H) providing modeling and forecasting tools of
climate change health impacts, including local impacts,
where feasible;
(I) establishing academic and regional centers of
excellence;
(J) recommending models for maintaining access to
health care during extreme weather;
(K) providing technical assistance and support for
preparedness and response plans for the health threats
of climate change in States, municipalities,
territories, Indian Tribes, and developing countries;
(L) addressing the impacts of fossil fuel pollution
and greenhouse gas emissions on the health of
individuals living in the United States;
(M) tracking health care sector contributions to
greenhouse gas emissions and identifying actions to
reduce those emissions;
(N) recommending new regulations or policies to
address identified gaps in the health system capacity
to effectively reduce emissions, reduce environmental
impact, and address climate change; and
(O) developing, improving, integrating, and
maintaining disease surveillance systems and monitoring
capacity to respond to health-related impacts of
climate change, including on topics addressing--
(i) water-, food-, and vector-borne
infectious diseases and climate change;
(ii) pulmonary effects, including responses
to aeroallergens, infectious agents, and toxic
exposures;
(iii) cardiovascular effects, including
impacts of temperature extremes;
(iv) air pollution health effects,
including heightened sensitivity to air
pollution such as wildfire smoke;
(v) reproductive health effects, including
access to reproductive health care;
(vi) harmful algal blooms;
(vii) mental and behavioral health impacts
of climate change;
(viii) the health of migrants, refugees,
displaced persons, and communities composed of
individuals disproportionately affected by
climate change;
(ix) the implications for communities and
populations vulnerable to the health effects of
climate change, as well as strategies for
responding to climate change within such
communities;
(x) Tribal, local, and community-based
health interventions for climate-related health
impacts;
(xi) extreme heat and weather events;
(xii) decreased nutritional value of crops;
and
(xiii) disruptions in access to routine and
acute medical care, public health programs, and
other supportive services for maintaining
health.
(c) Periodic Assessment and Revision.--Not later than 1 year after
the date of first publication of the national strategic action plan,
and annually thereafter, the Secretary shall periodically assess, and
revise as necessary, the national strategic action plan, to reflect new
information collected, including information on--
(1) the status of and trends in critical environmental
health indicators and related human health impacts;
(2) the trends in and impacts of climate change on public
health;
(3) advances in the development of strategies for preparing
for and responding to the impacts of climate change on public
health; and
(4) the effectiveness of the implementation of the national
strategic action plan in protecting against climate change
health threats.
(d) Implementation.--
(1) Implementation through hhs.--The Secretary shall
exercise the Secretary's authority under this title and other
Federal statutes to achieve the goals and measures of the
Office and the national strategic action plan.
(2) Other public health programs and initiatives.--The
Secretary and Federal officials of other relevant Federal
agencies shall administer public health programs and
initiatives authorized by laws other than this title, subject
to the requirements of such laws, in a manner designed to
achieve the goals of the Office and the national strategic
action plan.
(3) Health impact assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
identify proposed and current laws, policies, and
programs that are of particular interest for their
impact in contributing to or alleviating health burdens
and the health impacts of climate change.
(B) Assessments.--Not later than 2 years after the
date of enactment of this Act, the head of each
relevant Federal agency shall--
(i) assess the impacts that the proposed
and current laws, policies, and programs
identified under subparagraph (A) under their
jurisdiction have or may have on protection
against the health threats of climate change;
and
(ii) assist State, Tribal, local, and
territorial governments in conducting such
assessments.
SEC. 103. ADVISORY BOARD.
(a) Establishment.--The Secretary shall, pursuant to chapter 10 of
title 5, United States Code, establish a permanent science advisory
board to be composed of not less than 10 and not more than 20 members.
(b) Appointment of Members.--
(1) In general.--The Secretary shall appoint the members of
the science advisory board from among individuals who--
(A) are recommended by the President of the
National Academy of Sciences or the President of the
National Academy of Medicine; and
(B) have expertise in essential public health and
health care services, including with respect to diverse
populations, climate change, environmental and climate
justice, and other relevant disciplines.
(2) Requirement.--The Secretary shall ensure that the
science advisory board includes members with practical or lived
experience with relevant issues described in paragraph (1)(B).
(c) Functions.--The science advisory board shall--
(1) provide scientific and technical advice and
recommendations to the Secretary on the domestic and
international impacts of climate change on public health and
populations and regions disproportionately affected by climate
change, and strategies and mechanisms to prepare for and
respond to the impacts of climate change on public health;
(2) advise the Secretary regarding the best science
available for purposes of issuing the national strategic action
plan and conducting the climate and health program; and
(3) submit a report to Congress on its activities and
recommendations not later than 1 year after the date of
enactment of this Act and not later than every year thereafter.
(d) Support.--The Secretary shall provide financial and
administrative support to the board.
SEC. 104. CLIMATE CHANGE HEALTH PROTECTION AND PROMOTION REPORTS.
(a) In General.--The Secretary shall offer to enter into an
agreement, including the provision of such funding as may be necessary,
with the National Academies of Sciences, Engineering, and Medicine,
under which such National Academies will prepare periodic reports to
aid public health and health care professionals in preparing for and
responding to the adverse health effects of climate change that--
(1) review scientific developments on health impacts and
health disparities of climate change;
(2) evaluate the measurable impacts of activities
undertaken at the directive of the national strategic action
plan; and
(3) recommend changes to the national strategic action plan
and climate and health program.
(b) Submission.--The agreement under subsection (a) shall require a
report to be submitted to Congress and the Secretary and made publicly
available not later than 1 year after the first publication of the
national strategic action plan, and every 4 years thereafter.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of Climate Change and Health Equity.--There is
authorized to be appropriated to the Secretary to carry out section
102(a) $10,000,000 for each of fiscal years 2024 through 2030.
(b) National Strategic Action Plan.--There is authorized to be
appropriated to the Secretary to carry out section 102(b) $2,000,000
for fiscal year 2024, to remain available until expended.
(c) Advisory Board.--There is authorized to be appropriated to the
Secretary to carry out section 103(c) $500,000 for fiscal year 2024, to
remain available until expended.
TITLE II--PROTECTING ESSENTIAL HEALTH CARE ACCESS
SEC. 201. MAINTENANCE OF HEALTH CARE ACCESS RELATING TO HOSPITAL
DISCONTINUATION OF SERVICES OR CLOSURE.
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)(ii)(V), by striking the
period and inserting ``, and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) beginning 60 days after the date of the enactment of
this subparagraph, in the case of a hospital, to comply with
the requirements of subsection (l) (relating to discontinuation
of services or closure).''; and
(2) by adding at the end the following new subsection:
``(l) Requirements for Hospitals Relating to Discontinuation of
Services or Closure.--
``(1) Requirements.--
``(A) In general.--For purposes of subsection
(a)(1)(Z), except as provided in subparagraph (B), the
requirements described in this subsection are that a
hospital--
``(i) notify the Secretary, in accordance
with paragraph (2), not less than 90 days prior
to the discontinuation of services or full
hospital closure;
``(ii) prohibit the discontinuation of
essential services (as defined in paragraph
(6)) during the notification period (as defined
in such paragraph) unless there is a clear harm
posed to patient or employee health or safety
in the hospital continuing to furnish such
services;
``(iii) respond to any inquiries by the
Secretary relating to the implementation of
this subsection, including the determination of
essential services under paragraph (6)(C); and
``(iv) if applicable--
``(I) submit a mitigation plan and
related information as described in
paragraph (3); and
``(II) participate in the public
comment and review process (including,
if applicable, the alternative
mitigation plan) described in paragraph
(4).
``(B) Application in case of catastrophic events.--
In the case where a discontinuation of services or
closure of a hospital is due to an unforeseen
catastrophic event (as defined by the Secretary), the
requirements described in subparagraph (A) shall apply,
except--
``(i) the hospital shall provide the
notification under clause (i) of such
subparagraph not later than 30 days after the
catastrophic event or as soon as feasible as
determined by the Secretary; and
``(ii) clause (ii) of such subparagraph
(relating to prohibiting the discontinuation of
services) shall not apply.
``(2) Notification information.--For purposes of paragraph
(1)(A)(i), the notification under such paragraph shall include
the following information with respect to a hospital:
``(A) Discontinuation of services.--In the case
where the hospital is discontinuing services (without
full hospital closure):
``(i) The services that will be
discontinued and number of hospital beds
impacted.
``(ii) The number of individuals furnished
such services annually and a breakdown of the
type of insurance used by such individuals for
such services.
``(iii) The number of impacted employees
and what labor organization represents them
(and the contact information for such
organization).
``(iv) The names and addresses of any
organized health care coalitions and community
groups that represent the communities impacted
by the discontinuation of such services.
``(v) Alternative providers of such
services, including provider type, contact
information, and distance and transportation
time by car and public transit from the
hospital.
``(B) Full hospital closure.--In the case of full
hospital closure:
``(i) Hospital ownership entities.
``(ii) The full extent of services that
will no longer be furnished by the hospital.
``(iii) The number of individuals furnished
services annually by the hospital, a
description of the services furnished, and a
breakdown of the type of insurance type used by
such individuals for such services.
``(iv) The number of impacted employees
and, if applicable, what labor organizations
represent them (and the contact information for
each such organization).
``(v) The names and addresses of any
organized health care coalitions and community
groups that represent the communities impacted
by the closure.
``(vi) Alternative providers, including
provider type, contact information, and
distance and transportation time by car and
public transit from the hospital.
``(vii) Steps taken prior to the decision
to close in order to avoid closure.
``(viii) Distribution of liquidation
proceeds (cash or assets) or any payments (cash
or assets) made to employees, owners, or
contractors related to the closure.
``(3) Submission of mitigation plan and related information
for essential services.--
``(A) Notification by secretary.--If the Secretary
determines that the discontinuation of services or
closure of an applicable hospital would negatively
impact access to essential services, the Secretary
shall notify the applicable hospital of such
determination.
``(B) Submission of mitigation plan and related
information.--If an applicable hospital receives a
notification under subparagraph (A), the applicable
hospital shall, not later than 15 days after receiving
such notification, submit to the Secretary--
``(i) a plan to--
``(I) preserve access to essential
services for impacted communities
through partnerships, commitments from
surrounding facilities, transportation
plan access, and preparation for surge
response; and
``(II) support employees in
transitioning to new positions within
health care;
``(ii) information on workforce and public
engagement to ensure awareness of the
discontinuation of services or closure; and
``(iii) a description of potential
alternatives to the discontinuation of services
or closure that the hospital considered and an
explanation of why those alternatives are not a
viable option.
``(C) Public availability.--The Secretary shall
make a mitigation plan and related information
submitted by an applicable hospital under this
paragraph available to the public on the internet
website of the Centers for Medicare & Medicaid
Services.
``(4) Public comment and review process; alternative
mitigation plan.--
``(A) Public comment period.--
``(i) In general.--The Secretary shall
provide a public comment period of not less
than 45 days with the opportunity to submit
written comments regarding the impact of the
potential discontinuation of services or
closure of an applicable hospital.
``(ii) Notice.--Notice of the opportunity
to submit comments shall be published in the
Federal Register and distributed to--
``(I) providers of services and
suppliers that may be impacted by the
discontinuation of services or closure
of the applicable hospital;
``(II) any labor organization that
represents any subdivision of employees
of the applicable hospital;
``(III) organized health care
coalitions and community groups that
represent the communities impacted by
the discontinuation of services or
closure;
``(IV) the State health agency; and
``(V) the local department of
public health.
``(B) Alternative mitigation plan.--
``(i) In general.--If, after reviewing the
mitigation plan submitted by an applicable
hospital under paragraph (3) and the comments
submitted during the public comment period
under subparagraph (A) with respect to the
discontinuation of services or closure of the
applicable hospital, the Secretary finds that
the discontinuation of services or closure of
the applicable hospital would have a
significant impact on access to essential
services, the Secretary shall work with the
applicable hospital or other providers of
services and suppliers in the area, as
appropriate, to develop and implement an
alternative plan to the plan submitted by the
applicable hospital under paragraph (3)
(referred to in this subsection as the
`alternative mitigation plan') in order to
ensure continued access to essential services,
which may include an agreement to delay the
discontinuation of services or closure of the
applicable hospital until the alternative
mitigation plan is complete.
``(ii) Technical assistance.--An
alternative mitigation plan under clause (i)
may include technical assistance or information
on available funding mechanisms to support the
furnishing of essential services.
``(iii) Collaboration.--The Secretary
should, to the extent practicable, collaborate
with State and municipal government officials
in the development of an alternative mitigation
plan under clause (i).
``(iv) Public availability.--The Secretary
shall make any information submitted and the
alternative mitigation plan developed under
this paragraph available to the public on the
internet website of the Centers for Medicare &
Medicaid Services.
``(C) Implementation.--The Secretary shall
promulgate regulations to detail the required response
time by an applicable hospital and the speed of the
review process under this paragraph in order to ensure
that such process can be completed with respect to an
applicable hospital prior to the proposed service
discontinuation date or closure date of the applicable
hospital.
``(D) Prohibition.--In the case where the Secretary
finds that a hospital has violated the requirements of
this subsection, the Secretary may prohibit the
hospital and any hospital under the same hospital
ownership entity from being eligible to enroll or
reenroll under the program under this title under
section 1866(j) until the earlier of--
``(i) the date that is 3 years after the
date on which the hospital discontinues
services or closes;
``(ii) the date on which the Secretary
determines essential health services that were
negatively impacted by the discontinuation or
closure have been restored; or
``(iii) such time as the Secretary is
satisfied with the mitigation plan submitted by
the hospital under paragraph (3) or the
alternative mitigation plan under paragraph
(4).
``(5) Annual reports.--The Secretary shall submit an annual
report to Congress on the discontinuation of services and full
closure of hospitals. Each report submitted under the preceding
sentence shall include--
``(A) a description of trends in the
discontinuation of services and closures of hospitals,
including hospital ownership type, geographic location,
types of services furnished, demographic served, and
insurance type;
``(B) an analysis of the impact of the
discontinuation of services and closures on health care
access and ability to meet surge demand due to
emergency (such as a pandemic or climate disaster);
``(C) recommendations for such administrative or
legislative changes as the Secretary determines
appropriate to preserve access to essential services
nationwide.
``(6) Definitions.--In this subsection:
``(A) Applicable hospital.--The term `applicable
hospital' means a hospital that submits a notification
under paragraph (1)(A)(i) of a discontinuation of
services or full hospital closure.
``(B) Discontinuation.--The term `discontinuation'
may include any reduction or discontinuation of
services furnished by an applicable hospital, including
those that occur as part of a merger or acquisition
agreement.
``(C) Essential services.--The term `essential
services' means, with respect to an applicable
hospital, services that are necessary for preserving
health care access (as determined by the Secretary),
including services for which the Secretary determines--
``(i) there are no equivalent services
available within the same travel time;
``(ii) that loss of the services would
result in meaningful reductions in surge
capacity that will negatively impact access to
services;
``(iii) that loss of the services would
limit health care access for specific
demographics of individuals based on sex,
sexuality, race, nationality, age, or
disability status;
``(iv) that loss of the services would have
a meaningful impact on the ability of health
systems to respond to impacts of climate
change; or
``(v) there is a health or health care-
related emergency declaration status applicable
to the surrounding geographical area of the
hospital on the date on which the hospital
submits notification under paragraph (1)(A)(i)
of a discontinuation of services or full
hospital closure.
``(D) Notification period.--The term `notification
period' means, with respect to an applicable hospital,
the period beginning on the date on which the hospital
submits notification under paragraph (1)(A)(i) of a
discontinuation of services or full hospital closure
and ending on the date of such discontinuation of
services or closure.
``(7) No preemption of state law.--Nothing in subsection
(a)(1)(Z) or this subsection shall be construed to limit any
rights or remedies under State or local law relating to
protecting access to essential services or reviewing proposed
hospital closures or reduction of services.''.
SEC. 202. EMPOWERING COMMUNITY HEALTH IN ENVIRONMENTAL JUSTICE
COMMUNITIES.
Section 10503 of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking
``and'' at the end; and
(ii) by adding at the end the following:
``(G) $130,000,000,000 for the period of fiscal
years 2024 through 2028; and''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' at the end;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) $2,000,000,000 for each of
fiscals years 2024 through 2028.''; and
(2) by adding at the end the following:
``(f) Environmental Justice Communities.--The Secretary shall
ensure that not less than 50 percent of the amounts appropriated under
subsection (b) on or after 2024 are awarded to entities for use with
respect to projects or sites located in or serving environmental
justice communities (as defined in section 2 of the Green New Deal for
Health Act).
``(g) Prohibition.--No amounts made available under this section
may be used for any activity that is subject to the reporting
requirements set forth in section 203(a) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 433(a)).''.
TITLE III--GREEN AND RESILIENT HEALTH CARE INFRASTRUCTURE
SEC. 301. GREEN HILL-BURTON FUNDS FOR CLIMATE-READY MEDICAL FACILITIES.
(a) Grants for Construction or Modernization Projects.--
(1) In general.--Section 1610(a) of the Public Health
Service Act (42 U.S.C. 300r(a)) is amended--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``, or'' and
inserting a semicolon;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) increase capacity to provide
essential health care and update medical
facilities to become more resilient to climate
disasters and public health crises to ensure
access and availability of quality health care
for communities in need.''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applicants whose projects
will include, by design, resilience against natural disasters,
climate change mitigation, or other necessary predisaster
adaptations to ensure continuous health care access and combat
health risks due to climate change, such as--
``(A) installation of onsite distributed generation
that combines energy-efficient devices, energy storage,
and renewable energy in accordance with modern
electrical safety standards for medical facilities to
allow the medical facility to access essential energy
during power outages and optimize use of onsite and
offsite energy sources for emissions reductions;
``(B) improving air conditioning, monitoring, and
purifying through installation of high-efficiency heat
pumps that provide both cooling and heating, air
purifiers, air filtration systems, and air quality
monitoring systems integrated with energy systems and
energy efficiency considerations in preparation for
future natural hazards and public health crises, such
as wildfire, smog, extreme heat events, and pandemics;
``(C) installation and maintenance of wetlands,
drainage ponds, and any other green infrastructure to
protect the medical facility from projected severe
effects with respect to extreme weather, natural
disasters, or climate-change-related events, including
sea-level rise, flooding, and increased risk of
wildfire;
``(D) green rooftops, walls, and indoor plantings,
particularly those that can provide publicly accessible
temperature management and air quality improvements;
``(E) tree planting and other green infrastructure
to create publicly accessible cool space to address
urban heat islands;
``(F) infrastructure upgrades that protect access
routes to the medical facility, such as long-term
flood, wildfire, and other disaster mitigation for the
roads, sidewalks, and public transit infrastructure
that service the medical facility;
``(G) the long-term maintenance of decarbonization
and zero-emissions infrastructure; and
``(H) any other type of plan or project the
Secretary determines will increase the sustainability
and resiliency of a medical facility, protect patient
health and community access during extreme weather, and
advance environmental justice.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection
$100,000,000,000 for fiscal year 2024, to remain available
until expended.''.
(2) Technical amendment.--Section 1610(b) of the Public
Health Service Act (42 U.S.C. 300r(b)) is amended by striking
paragraph (3).
(b) Medical Facility Project Applications.--
(1) In general.--Section 1621(b)(1) of the Public Health
Service Act (42 U.S.C. 300s-1(b)(1)) is amended--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) in subparagraph (K), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(L) reasonable assurance that the facility will
have adequate staffing to fulfill the community service
obligation; and
``(M) reasonable assurance that the facility--
``(i) has a collective bargaining agreement
with 1 or more labor organizations representing
employees at the facility; or
``(ii) has an explicit policy not to
interfere with the rights of employees of the
facility under section 7 of the National Labor
Relations Act.''.
(2) Application for planning grants.--Section 1621 of the
Public Health Service Act (42 U.S.C. 300s-1) is amended by
adding at the end the following:
``(c) Application for Planning Grants.--An application for a
project submitted under part A or B shall deemed to be complete for
purposes of section 302(d)(2) of the Green New Deal for Health Act, and
the application shall be deemed to have been submitted for purposes of
consideration for a planning grant under that section.''.
SEC. 302. PLANNING AND EVALUATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Medical facility.--The term ``medical facility'' means
a hospital, public health center, outpatient medical facility,
rehabilitation facility, facility for long-term care, or other
facility (as may be designated by the Secretary) for the
provision of health care to ambulatory patients.
(2) Proposed project.--The term ``proposed project'' means
a construction or modernization project proposed by an eligible
entity in a sustainability and resiliency plan.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Sustainability and resiliency plan.--The term
``sustainability and resiliency plan'' means a plan, including
comprehensive preproject evaluation, for a construction or
modernization project that would, in order to protect patient
health and community access, enhance--
(A) the sustainability of a medical facility and
infrastructure surrounding the medical facility; and
(B) the resiliency of that medical facility and
infrastructure surrounding the medical facility to
climate change and public health crises.
(b) Establishment.--The Secretary shall establish a grant program,
to be known as the ``Planning and Evaluation Grant Program'', under
which the Secretary shall make planning grants to eligible entities to
develop sustainability and resiliency plans for medical facilities
owned or operated by the eligible entity and infrastructure surrounding
the medical facilities.
(c) Eligible Entities.--To be eligible to receive a planning grant
under subsection (b), an applicant shall be--
(1) a State, Tribal government, or political subdivision of
a State or Tribal government, including any city, town, county,
borough, hospital district authority, or public or quasi-public
corporation; or
(2) a nonprofit private entity.
(d) Applications.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity seeking a planning grant under subsection (b)
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may by regulation prescribe, including--
(A) a description of the proposed project;
(B) a summary and breakdown of the demographics of
the patient population served or potentially served by
the medical facility under the proposed project,
including information on--
(i) whether the medical facility is a
facility for which a majority of the revenue
the facility receives for patient care is from
reimbursements for medical care furnished to
Medicare and Medicaid beneficiaries under
titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq. and 1396 et seq.); and
(ii) other indications that individuals
vulnerable to climate change are served or
potentially served by the medical facility;
(C) a description of the ways in which the proposed
project--
(i) will carry out 1 or more activities
described in subsection (g);
(ii) meet the needs of the community the
medical facility serves, especially the needs
of vulnerable populations; and
(iii) meet the sustainability and
resiliency needs of the medical facility due to
climate risks and hazards;
(D) a description of whether the community served
by the medical facility is an environmental justice
community;
(E) a description of the ways in which the planning
grant would be used to carry out 1 or more planning and
evaluation activities described in subsection (f);
(F) reasonable assurance that all laborers and
mechanics employed by contractors or subcontractors in
the performance of work on a project will be paid wages
at rates not less than those prevailing on similar work
in the locality as determined by the Secretary of Labor
in accordance with subchapter IV of chapter 31 of part
A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act'') and
the Secretary of Labor shall have with respect to such
labor standards the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code; and
(G) reasonable assurance that the facility--
(i) has a collective bargaining agreement
with 1 or more labor organizations representing
employees at the facility; or
(ii) has an explicit policy not to
interfere with the rights of employees at the
facility under section 7 of the National Labor
Relations Act (29 U.S.C. 157).
(2) Additional applications.--An application submitted
under part A or B of title XVI of the Public Health Service Act
(42 U.S.C. 300q et seq. and 42 U.S.C. 300r) shall be deemed to
be a complete application submitted for purposes of
consideration for a planning grant under subsection (b).
(e) Selection.--The Secretary shall--
(1) in coordination with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, if
necessary, develop metrics to evaluate applications for
planning grants under subsection (b); and
(2) give priority to applications that focus on improving a
medical facility--
(A) for which--
(i) a majority of the revenue the facility
receives for patient care is from
reimbursements for medical care furnished to
Medicare and Medicaid beneficiaries under
titles XVIII and XIX of the Social Security Act
(42 U.S.C. 1395 et seq. and 1396 et seq.); or
(ii) a high proportion of patients is
uninsured, as determined by the Secretary; and
(B) that is located in a neighborhood or serves a
patient population that--
(i) experiences low air quality;
(ii) lacks green space;
(iii) bears higher cumulative pollution
burdens; or
(iv) is at disproportionate risk of
experiencing the adverse effects of climate
change.
(f) Planning Activities.--Planning and evaluation activities
carried out by an eligible entity using grant funds received under
subsection (b) shall include 1 or more of the following:
(1) Performing project planning, community outreach and
engagement, feasibility studies, and needs assessments of the
local community and patient populations.
(2) Performing engineering and climate-risk assessments of
the medical facility infrastructure and the access routes to
the medical facility.
(3) Providing management and operational assistance for
developing and receiving funding for the proposed project.
(4) Other planning and evaluation activities and
assessments as the Secretary determines appropriate.
(g) Proposed Projects.--Construction and modernization activities
carried out by a proposed project under a sustainability and resiliency
plan developed pursuant to a planning grant received under subsection
(b) may include--
(1) improvements to the infrastructure, buildings, and
grounds of the medical facility, including--
(A) installation of onsite distributed generation
that combines energy-efficient devices, energy storage,
and renewable energy in accordance with modern
electrical safety standards for medical facilities to
allow the medical facility to access essential energy
during power outages and optimize use of onsite and
offsite energy sources for emissions reductions; and
(B) improving air conditioning, monitoring, and
purifying through installation of high-efficiency heat
pumps that provide both cooling and heating, air
purifiers, air filtration systems, and air quality
monitoring systems integrated with energy systems and
energy efficiency considerations in preparation for
future natural hazards and public health crises such as
wildfire, smog, extreme heat events, and pandemics;
(2) green infrastructure projects, such as--
(A) installation and maintenance of wetlands,
drainage ponds, and any other green infrastructure that
would protect the medical facility from projected
severe effects with respect to extreme weather, natural
disasters, or climate-change-related events, including
sea-level rise, flooding, and increased risk of
wildfire; and
(B) green rooftops, walls, and indoor plantings,
particularly those that can provide publicly accessible
temperature management and air quality improvements;
(3) resiliency projects to secure local accessibility to
the medical facility by protecting the access routes to the
medical facility, such as--
(A) infrastructure upgrades that protect access
routes to the medical facility, such as long-term
flood, wildfire, and other disaster mitigation for the
roads, sidewalks, and public transit infrastructure
that service the medical facility; and
(B) the long-term maintenance of decarbonization
and zero-emissions infrastructure; and
(4) any other type of activity the Secretary determines
will increase the sustainability and resiliency of a medical
facility and protect patient health and community access during
extreme weather.
(h) Amount of Grant.--The total amount of a grant under subsection
(b) shall not exceed $500,000.
(i) Technical Assistance.--The Secretary, in coordination with the
Secretary of Energy, the Administrator of the Environmental Protection
Agency, and the Secretary of Transportation, if necessary, directly or
through partnerships with States, Tribal governments, and nonprofit
organizations, shall provide technical assistance to eligible entities
interested in carrying out proposed projects that--
(1) serve environmental justice communities or medically
underserved communities;
(2) demonstrate a commitment to provide job training,
apprenticeship programs, and contracting opportunities to
residents and small businesses owned by residents of the
community that the medical facility serves;
(3) identify and further community priority actions and
conduct robust community engagement; and
(4) employ nature-based solutions that focus on protection,
restoration, or management of ecological systems to safeguard
public health, provide clean air and water, increase natural
hazard resilience, and sequester carbon.
(j) Prohibition on Training Repayment.--As a condition of receiving
a grant or technical assistance under this section, an eligible entity
shall certify that the eligible entity does not use, and if the
eligible entity contracts with any staffing agency or training
provider, that such agency or provider does not use, any provision in
employment agreements, job training agreements, or apprenticeship
program agreements that would require an employee or training or
apprenticeship program participant to pay a debt if the employee or
training or apprenticeship program participant's employment or work
relationship or training period with a specified employer or business
entity is terminated.
(k) Environmental Justice Communities.--The Secretary shall ensure
that not less than 50 percent of grant funds awarded under subsection
(b) are used for sustainability and resiliency plans for proposed
projects located in environmental justice communities.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000,000
for fiscal year 2024, to remain available until expended.
TITLE IV--HEALTH CARE SECTOR DECARBONIZATION
SEC. 401. OFFICE OF SUSTAINABILITY AND ENVIRONMENTAL IMPACT.
(a) Establishment.--There is hereby established in the Centers for
Medicare & Medicaid Services an Office of Sustainability and
Environmental Impact (in this section referred to as the ``Office'') to
prepare the health care system for the impacts of climate change by
supporting health care decarbonization, sustainability, and
environmental efforts and to ensure that the health care system
minimizes and mitigates its climate harm while advancing patient health
and safety.
(b) Priority Goals.--The Office shall--
(1) collaborate with the Office of Climate Change and
Health Equity, the Environmental Protection Agency, and other
interagency committees to support a whole-of-government and
whole-of-health approach to addressing the climate crisis;
(2) develop and promulgate regulations that support
climate-informed care, support health care decarbonization and
sustainability, and mitigate the environmental impacts of the
health care system upon patients, communities, and health care
workers;
(3) develop and promulgate regulations that support patient
access to, and coverage of, climate-informed health care
services to prevent and address the health impacts of climate
change;
(4) conduct oversight of health care systems, their climate
emissions, and environmental harms and provide interagency
technical assistance in remediating such emissions and
environmental harms; and
(5) issue ``Climate-Friendly'' health system designations
and accreditations that identify health systems that
demonstrate commitment to, and substantial evidence of,
reducing emissions and environmental harm while advancing
health care quality and patient and worker safety.
(c) Director.--
(1) In general.--The Office shall be headed by a Director,
to be known as the Director of Sustainability and Environmental
Impact, who shall be appointed by the Secretary of Health and
Human Services (in this section referred to as the
``Secretary'').
(2) Functions.--The Director shall--
(A) convene stakeholders (including key health care
stakeholders) for strategic planning towards the
priority goals of the Office;
(B) advise the Secretary and the Administrator of
the Centers for Medicare & Medicaid Services in matters
of sustainability and environmental impact and the role
of the Centers for Medicare & Medicaid Services in
sustainability and environmental impact;
(C) collaborate with academic experts and community
leaders to understand and establish best practices for
decarbonizing health care operations; and
(D) develop and evaluate the Office's strategy to
tackle health care decarbonization and sustainability
and mitigating environmental impacts within the Centers
for Medicare & Medicaid Services.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, and every 2 years thereafter, the Secretary
shall submit to Congress a Health Care Sustainability and Environmental
Impact Report, which shall be prepared by the Director of
Sustainability and Environmental Impact, with appropriate assistance
from other agencies in the executive branch of the Federal Government.
Each such report shall include the following:
(1) A summary of interagency collaboration.
(2) A methodology to designate and accredit health systems
that achieve substantial reductions in emissions and
environmental harm as ``Climate-Friendly'' health systems.
(3) An inventory of ``Climate-Friendly'' designated health
systems, their strategies, challenges, and best practices for
sustainability and mitigating environmental impact, and any
significant effects of these efforts on--
(A) quality of care;
(B) patient safety;
(C) safety of health care workers and health care
facility workers;
(D) health care costs; and
(E) environmental health and overall health of the
community served.
(4) An analysis of the demographics and climate
vulnerability of patients and types of communities served by
``Climate-Friendly'' health systems.
(5) Recommendations for actions by health systems and for
Federal technical assistance and supportive resources for the
health system to achieve substantial reductions in emissions
and environmental harm in order to attain ``Climate-Friendly''
designation.
(6) A summary of oversight efforts of the Centers for
Medicare & Medicaid Services regarding emissions and
environmental impacts and payment and coverage impacts on
climate change preparedness, mitigation, and response.
(7) Recommendations for such legislation and administration
action as the Secretary determines appropriate to regulate and
promote health care sustainability, decarbonization, and
mitigate environmental impact within the health care system.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2024 through 2033.
SEC. 402. CLIMATE RISK DISCLOSURE FOR MEDICAL SUPPLIES.
Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by adding at the end the
following:
``SEC. 524C. CLIMATE RISK DISCLOSURE FOR MEDICAL SUPPLIES.
``(a) Task Force.--
``(1) In general.--The Secretary, in coordination with the
Commissioner and the Administrator of the Environmental
Protection Agency, shall establish a task force for purposes of
developing a strategy to establish climate risk disclosure
policies for manufacturers of drugs (including biological
products) and devices.
``(2) Duties.--The task force established under paragraph
(1) shall--
``(A) recommend a methodology for drug and device
manufacturers to calculate the emissions and climate
risk due to clinical use of the drug or device,
factoring in emissions from the manufacture, transport,
use, processing, reprocessing, and waste relating to
the drug or device;
``(B) recommend a policy and process for mandatory
public disclosure of emissions and climate risk
relating to drugs and devices;
``(C) recommend a policy for oversight of
disclosures to ensure accuracy and transparency of
emissions reporting as described in subparagraph (B),
and to ensure that patient safety and necessary access
is maintained;
``(D) develop methods to disseminate information to
clinicians for low environmental impact options for
clinically equivalent treatment options;
``(E) develop suggestions for the reduction of
emissions by drug and device manufacturers without
harming or risking patient safety; and
``(F) provide technical assistance and establish
partnerships to facilitate lower emissions design and
manufacture of comparable drugs and comparable devices.
``(3) Membership.--The task force established under
paragraph (1) shall be composed of the following:
``(A) 3 representatives of the Food and Drug
Administration, appointed by the Commissioner.
``(B) 3 representatives of the Environmental
Protection Agency, appointed by the Administrator of
the Environmental Protection Agency.
``(C) 3 representatives of the Office of Climate
Change and Health Equity of the Department of Health
and Human Services, appointed by the Secretary.
``(b) Regulations.--Not later than 1 year after the date of
enactment of the Green New Deal for Health Act, the Secretary shall
promulgate regulations to--
``(1) establish mandatory climate risk disclosure and
transparency policies for drugs and devices approved, licensed,
or cleared under section 505, 510(k), 513(f)(2), or 515 of this
Act or section 351 of the Public Health Service Act; and
``(2) incorporate climate risk into policies related to
transparency, labeling, and other regulatory policies related
to drugs and devices, based on the recommendations of the task
force described in subsection (a).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for fiscal year 2024,
to remain available until expended.''.
SEC. 403. GREEN HEALTH CARE MANUFACTURING.
(a) In General.--There is established a Federal interagency working
group, to be known as the ``Council on Green Health Care
Manufacturing'' (referred to in this section as the ``Council'').
(b) Membership.--The membership of the Council shall consist of--
(1) the Secretary of Health and Human Services (referred to
in this section as the ``Secretary''), who shall serve as the
Chair;
(2) the Secretary of Energy;
(3) the Secretary of Transportation;
(4) the Secretary of Labor;
(5) the Administrator of the Environmental Protection
Agency;
(6) the Director of the Office of Climate Change and Health
Equity;
(7) the Director of Sustainability and Environmental
Impact;
(8) the Chair of the Council on Environmental Quality;
(9) the United States Trade Representative; and
(10) the heads of other Federal agencies, as determined
necessary by the Chair.
(c) Duties.--
(1) Assessment and report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Council shall
conduct an assessment of global and domestic medical
supply chains, including an assessment of--
(i) the environmental and climate impacts
of medical supply chains, including--
(I) emissions from the production,
transportation, and packaging of
medical and pharmaceutical products;
(II) chemical and other
environmental pollution;
(III) excessive energy consumption;
(IV) negative externalities
relating to waste; and
(V) any other environmental or
climate impacts the Council determines
relevant;
(ii) labor conditions for workers in the
United States and globally who produce medical
and pharmaceutical products consumed by
individuals residing in the United States,
including the degree to which such workers--
(I) are ensured a protected right
to organize;
(II) are provided adequate
workplace safety protections; and
(III) are adequately compensated;
(iii) efficiency and resiliency of
processes under medical supply chains,
including the ability of medical supply chains
to adapt to sudden shifts in demand, including
shifts in demand within discrete geographic
regions;
(iv) the reliance of the United States on
international supply chains for medical
products, including information about which
types of medical products are primarily
manufactured outside of the United States, and
where such products are manufactured; and
(v) human rights abuses in manufacturing of
medical and pharmaceutical products and
sourcing of those products, including abuses of
indigenous rights and traditions.
(B) Report.--On completion of the assessment
conducted under subparagraph (A), the Council shall
submit to Congress and make publicly available a
report, to be known as the ``Green Health Care
Manufacturing Report'', that describes the findings of
the assessment.
(2) Recommendations.--
(A) In general.--Based on the findings of the
assessment conducted under paragraph (1)(A), the
Council shall develop recommendations for regulations
that would support a medical supply chain that is--
(i) sustainable;
(ii) free of greenhouse gas emissions; and
(iii) based in the United States.
(B) Inclusions.--The proposed regulations under
subparagraph (A) shall--
(i) support good labor conditions, worker
protections, and employee rights to organize
and collectively bargain; and
(ii) ensure the global trade
competitiveness of the United States, including
by considering the comparative carbon intensity
of domestic and internationally manufactured
pharmaceuticals and medical products.
(3) Grant program.--Based on the findings of the assessment
conducted under paragraph (1)(A), the Council shall develop
recommendations for a grant program to be carried out by the
Secretary under which the Secretary would make grants for
medical manufacturing to support the development and
establishment of sustainable and zero-emission medical supply
chains based in the United States.
(d) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and
promulgate regulations to support a medical supply chain that
is--
(A) sustainable;
(B) free of greenhouse gas emissions; and
(C) based in the United States.
(2) Requirement.--The Secretary shall develop the
regulations under paragraph (1) based on the recommendations
for regulations developed by the Council under subsection
(c)(2).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
TITLE V--A HEALTH WORKFORCE TO TACKLE THE CLIMATE CRISIS
SEC. 501. EDUCATION AND TRAINING RELATING TO HEALTH RISKS ASSOCIATED
WITH CLIMATE CHANGE.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by inserting after section 757 the following:
``SEC. 758. EDUCATION AND TRAINING RELATING TO HEALTH RISKS ASSOCIATED
WITH CLIMATE CHANGE.
``(a) In General.--Not later than 1 year after the date of the
enactment of the Green New Deal for Health Act, the Secretary shall
establish a competitive grant program to award grants to health
professions schools to support the development and integration into
such schools of education and training programs for identifying,
treating, and mitigating mental and physical health risks associated
with climate change for whole populations and for individuals
disproportionately affected by climate change.
``(b) Application.--To be eligible for a grant under this section,
a health profession school shall submit to the Secretary an application
at such time, in such form, and containing such information as the
Secretary may require, which shall include, at a minimum, a description
of the following:
``(1) How the health profession school will engage with
frontline communities to climate change or environmental
justice communities, and stakeholder organizations representing
such communities, in developing and implementing the education
and training programs supported by the grant.
``(2) How the health profession school will engage with
individuals disproportionately affected by climate change, and
stakeholder organizations representing such individuals, in
developing and implementing the education and training programs
supported by the grant.
``(3) How the health profession school will ensure that
such education and training programs will address racial and
ethnic disparities in exposure to, and the effects of, risks
associated with climate change for individuals vulnerable to
climate change.
``(4) How the health profession school will build inclusive
career opportunities and pathways to build up and expand the
health care workforce ready to address the health burdens of
climate change.
``(c) Use of Funds.--A health profession school awarded a grant
under this section shall use the grant funds to develop, and integrate
into the curriculum and continuing education of such health profession
school, education and training on each of the following:
``(1) Identifying risks associated with climate change for
individuals disproportionately affected by climate change, with
consideration of co-morbidities and socioeconomic risk factors.
``(2) Identifying risks to reproductive health associated
with climate change for individuals disproportionately affected
by climate change.
``(3) How risks and combinations of risks associated with
climate change affect individuals disproportionately affected
by climate change and individuals with the intent to become
pregnant.
``(4) Racial and ethnic disparities in exposure to, and the
effects of, risks associated with climate change for
individuals disproportionately affected by climate change and
individuals with the intent to become pregnant.
``(5) Patient counseling and mitigation strategies relating
to risks associated with climate change for both mental and
physical health for individuals disproportionately affected by
climate change.
``(6) Relevant services and support for individuals
disproportionately affected by climate change relating to risks
associated with climate change and strategies for ensuring that
such individuals have access to such services and support.
``(7) Implicit and explicit bias, racism, and
discrimination.
``(8) Related topics identified by such health profession
school based on the engagement of such health profession school
with individuals vulnerable to climate change and stakeholder
organizations representing such individuals.
``(d) Partnerships.--In carrying out activities with grant funds, a
health profession school awarded a grant under this section may partner
with one or more of the following:
``(1) A State, local, or Tribal public health department.
``(2) A labor union organization representing workers in
health care settings.
``(3) A health care professional membership association.
``(4) A patient advocacy organization.
``(5) A community health center or organization.
``(6) A health profession school or other institution of
higher education, which may be a health profession school.
``(7) A public school or school district.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance to health profession schools and partnership organizations
to assist application planning and preparation for schools and
partnerships that train individuals from, and that serve, medically
underserved communities.
``(f) Reports to Secretary.--
``(1) Annual report.--For each fiscal year during which a
health profession school receives grant funds under this
section, such health profession school shall submit to the
Secretary a report that describes the activities carried out
with such grant funds during such fiscal year.
``(2) Final report.--Not later than the date that is 1 year
after the end of the last fiscal year during which a health
profession school receives grant funds under this section, the
health profession school shall submit to the Secretary a final
report that summarizes the activities carried out with such
grant funds.
``(g) Report to Congress.--Not later than 6 years after the date on
which the program is established under subsection (a), the Secretary
shall submit to Congress and publish on the public website of the
Department of Health and Human Services a report that includes the
following:
``(1) A summary of the reports submitted under subsection
(e).
``(2) Recommendations to improve education and training
programs at health profession schools with respect to
identifying and addressing risks associated with climate change
for individuals vulnerable to climate change.
``(h) Definitions.--In this section:
``(1) Environmental justice community.--The term
`environmental justice community' has the meaning given such
term in section 2 of the Green New Deal for Health Act.
``(2) Health profession school.--The term `health
profession school' means an accredited--
``(A) medical school;
``(B) school of nursing;
``(C) midwifery program or other evidence-based
birth care training program;
``(D) physician assistant education program;
``(E) school of psychiatry, psychology, counseling,
or social work;
``(F) career and technical education health
sciences program;
``(G) public health program;
``(H) community health worker training program;
``(I) teaching hospital;
``(J) residency or fellowship program; or
``(K) other school or program determined
appropriate by the Secretary.
``(3) Individual disproportionately affected by climate
change.--The term `individual disproportionately affected by
climate change' means an individual that may face elevated
mental and physical health risks due to climate change based on
2 or more of the following factors:
``(A) Age under 5 years old or over 65 years old.
``(B) Race and ethnicity, and experience of racial
bias.
``(C) Sex, gender, and gender minority status.
``(D) Being of reproductive age.
``(E) Exposure to environmental health risks due to
living conditions or location, including current or
past experience of homelessness.
``(F) Occupation or exposure to occupational
hazards.
``(G) Household income.
``(H) Disability.
``(I) Co-morbidities.
``(J) Current or past exposure to personal or
systemic trauma, including natural disasters.
``(K) Immigration status.
``(L) Language isolation.
``(4) Medically underserved community.--The term `medically
underserved community' has the meaning given such term in
section 799B.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $9,000,000,000 for fiscal year
2024, to remain available until expended.''.
SEC. 502. BUILDING A COMMUNITY HEALTH WORKFORCE FOR THE CLIMATE CRISIS.
Section 399V of the Public Health Service Act (42 U.S.C. 280g-11)
is amended--
(1) in subsection (b)--
(A) by redesignating the paragraphs (2) through (6)
as paragraphs (4) through (8), respectively;
(B) by inserting after paragraph (1) the following:
``(2) build career paths for community health workers by--
``(A) establishing accessible, inclusive, low-cost
or no-cost training, credentialing, or apprenticeship
opportunities for community health workers to acquire
skills and expertise concerning health risks caused by
climate change and environmental hazards;
``(B) establishing accessible, inclusive, low-cost
or no-cost educational, training, credentialing, or
apprenticeship opportunities for entry into the
community health worker profession; or
``(C) expanding career advancement opportunities
and career pathways, including scholarships for
advanced or specialized training;
``(3) expand the community health workforce by establishing
permanent community health worker positions that pay, at
minimum, the prevailing wage for such workers, through long-
term, stable funding, in order to staff the medical needs of a
community sufficiently while ensuring reasonable workloads for
individual workers;'';
(C) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)(i), by inserting
``and linguistically isolated populations''
before the semicolon; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``and'' after the semicolon;
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) connecting population groups at
disproportionate risk for specific health
threats and effects from environmental hazards,
climate change, and extreme weather, such as
increased heat-related illnesses and injuries,
degraded air and water quality, vector-borne
illnesses, mental and behavioral health
effects, and food, water, and nutrient
insecurity to available resources; and'';
(D) in paragraph (7) (as so redesignated), by
striking ``and'' after the semicolon;
(E) in paragraph (8) (as so redesignated), by
striking the period at the end and inserting a
semicolon; and
(F) by adding at the end the following:
``(9) support community health workers in educating,
guiding, and providing home visitation services regarding the
assessment and mitigation of the health risks of climate
change, including geography-specific and condition-specific
risks and environmental health hazards and the cumulative
health impacts of such risks and hazards; and
``(10) provide outreach and communication to promote
preparedness and response strategies to climate change and
extreme weather.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by adding ``or''
after the semicolon; and
(iii) by adding at the end the following:
``(F) environmental justice communities (as defined
in section 2 of the Green New Deal for Health Act);'';
(B) in paragraph (3), by inserting ``and experience
training community health workers'' before the
semicolon;
(C) in paragraph (4), by striking ``and'' at the
end;
(D) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(6) have a documented collective bargaining agreement
with 1 or more labor organizations representing employees of
the applicant or have an explicit policy not to interfere with
the rights of employees of the applicant under section 7 of the
National Labor Relations Act.'';
(3) by redesignating subsections (e) through (j) as
subsections (f) through (k), respectively;
(4) by inserting after subsection (d) the following:
``(e) Workforce Expansion.--The Secretary, in consultation with the
Secretary of Labor, shall develop a plan to expand the community health
workforce by 150,000 workers by 2028 through the creation of career
pathways, full-time positions, and training opportunities described in
subsection (b).'';
(5) in subsection (j) (as so redesignated), by striking
``$50,000,000 for each of fiscal years 2023 through 2027'' and
inserting ``$10,000,000,000 for each of fiscal years 2024
through 2033''; and
(6) in paragraph (1) of subsection (k) (as so
redesignated)--
(A) by inserting ``a nonprofit community health
organization, a nonprofit community health worker
association,'' after ``a public health department,'';
and
(B) by striking ``((as defined'' and inserting
``(as defined''.
SEC. 503. SAFEGUARDING ESSENTIAL HEALTH CARE WORKERS.
The Public Health Service Act is amended by inserting after section
319D-1 (42 U.S.C. 247d-4b) the following:
``SEC. 319D-2. EMERGENCY GRANTS TO SAFEGUARD ESSENTIAL HEALTH CARE
WORKERS.
``(a) Definitions.--In this section:
``(1) Emergency or disaster.--The term `emergency or
disaster' means--
``(A) a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;
``(B) an emergency declared by the President under
section 501 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act;
``(C) a national emergency declared by the
President under the National Emergencies Act;
``(D) a public health emergency declared under
section 319; and
``(E) a State or local emergency or disaster, as
declared by the applicable State or local government.
``(2) Eligible health care worker.--The term `eligible
health care worker' means an essential health care worker whose
work cannot be conducted remotely.
``(3) Essential health care worker.--The term `essential
health care worker' means--
``(A) a health care provider, including a direct
care worker (as defined in section 799B);
``(B) a medical technologist;
``(C) a public health worker;
``(D) an orderly (as defined in the 2010 Standard
Occupational Classifications of the Department of Labor
under the code for Orderlies (31-1015));
``(E) an environmental service, janitorial, or
custodial worker in a health care setting; and
``(F) any other professional role that the
Secretary determines is essential to the care of
patients or the maintenance of public health.
``(b) Grants.--
``(1) In general.--The Secretary may make grants to public
or private nonprofit health care facilities or home health
agencies for use in accordance with paragraph (2).
``(2) Use of funds.--
``(A) Hazardous duty compensation.--
``(i) In general.--The recipient of a grant
under paragraph (1) shall use the grant funds
to provide hazardous duty compensation to
eligible health care workers for work performed
during the period of an emergency or disaster
in cases in which the Secretary determines
that--
``(I) the performance of the work
by the eligible health care worker for
the applicable health care facility is
hazardous; or
``(II) the commute of the eligible
health care worker is hazardous.
``(ii) Requirement.--
``(I) In general.--Subject to
subclause (II), the amount of hazardous
duty compensation under clause (i)
shall be not more than $13 per hour,
which shall be in addition to the wages
or remuneration the eligible health
care worker otherwise receives for the
work.
``(II) Maximum amount.--The total
amount of hazardous duty compensation
received by any 1 eligible health care
worker under this subparagraph may not
exceed $25,000 per year.
``(B) Additional uses.--The recipient of a grant
under paragraph (1) may use the grant funds to provide
safety measures to safeguard and protect eligible
health care workers from hazards due to the applicable
emergency or disaster, including alternative transit
options, personal protective equipment, and other
safety measures.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
TITLE VI--SAFE, STRONG, AND RESILIENT COMMUNITIES
Subtitle A--Empowering Resilient Community Mental Health
SEC. 601. GRANTS FOR RESILIENT COMMUNITY MENTAL HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317V the following:
``SEC. 317W. GRANT PROGRAM FOR COMMUNITY WELLNESS AND RESILIENCE
PROGRAMS.
``(a) Grants.--
``(1) Program grants.--
``(A) Awards.--The Secretary, in coordination with
the Assistant Secretary for Mental Health and Substance
Use and the Administrator of the Health Resources and
Services Administration, shall carry out a program of
awarding grants to eligible entities, on a competitive
basis, for the purpose of establishing, operating, or
expanding community mental wellness and resilience
programs.
``(B) Amount.--An eligible entity awarded a grant
under subparagraph (A) may receive not more than
$300,000 per year for not more than 4 years.
``(2) Planning grants.--
``(A) Awards.--The Secretary, in coordination with
the Assistant Secretary for Mental Health and Substance
Use and the Administrator of the Health Resources and
Services Administration, shall award grants to
entities--
``(i) to organize a resilience coordinating
network that meets the requirements of
subsection (c)(2);
``(ii) to perform assessments of need with
respect to community mental wellness and
resilience; and
``(iii) to prepare an application for a
grant under paragraph (1).
``(B) Amount.--The amount of a grant under
subparagraph (A), with respect to any resilience
coordinating network to be organized for applying for a
grant under paragraph (1), shall not exceed $100,000.
``(b) Program Requirements.--A community mental wellness and
resilience program funded pursuant to a grant under subsection (a)(1)
shall take a public health approach to mental health to strengthen the
entire community's psychological and emotional wellness and resilience,
including by--
``(1) collecting and analyzing information from residents
as well as quantitative data to identify--
``(A) protective factors that enhance and sustain
the community's capacity for mental wellness and
resilience; and
``(B) risk factors that undermine such capacity;
``(2) strengthening such protective factors and addressing
such risk factors;
``(3) building awareness, skills, tools, curricula, and
leadership in the community to--
``(A) facilitate using a public health approach to
mental health; and
``(B) heal mental health and psychosocial problems
among all adults and youth; and
``(4) developing, implementing, and continually evaluating
and improving a comprehensive strategic plan for carrying out
the activities described in paragraphs (1), (2) and (3) that
includes utilizing developmentally, linguistically, and
culturally appropriate evidence-based, evidence-informed,
promising-best, or indigenous practices for--
``(A) engaging community members in building social
connections across cultural, geographic, and economic
boundaries;
``(B) enhancing local economic and environmental
conditions and environmental resilience, including with
respect to the built environment;
``(C) becoming trauma-informed and learning simple
self-administrable mental wellness and resilience
skills;
``(D) engaging in community activities and mutual
aid networks that strengthen mental wellness and
resilience;
``(E) partaking in nonclinical group and community-
minded recovery and healing programs;
``(F) embedding trauma-informed climate education
and mental resilience curricula and programming into
schools for students, workers, and the broader
community; and
``(G) other activities to promote mental wellness
and resilience, manage climate anxiety, and heal
individual and community traumas.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a grant under
subsection (a)(1), an applicant shall be a nonprofit or
community organization that has--
``(A) organized a resilience coordinating network
that meets the requirements of paragraph (2); and
``(B) been approved by such resilience coordinating
network to serve as its fiscal sponsor.
``(2) Resilience coordinating networks described.--A
resilience coordinating network organized under paragraph
(1)(A) shall be composed of 1 or more representatives of
entities from not fewer than 8 of the following categories:
``(A) Grassroots groups, neighborhood associations,
and volunteer civic organizations.
``(B) Elementary and secondary schools,
institutions of higher education including community
colleges, job-training programs, and other education or
training agencies or organizations.
``(C) Youth after-school and summer programs.
``(D) Family and early childhood education
programs.
``(E) Faith and spirituality organizations.
``(F) Senior care organizations.
``(G) Climate change mitigation and adaptation, and
environmental conservation, groups and organizations.
``(H) Social and environmental justice groups and
organizations.
``(I) Disaster preparedness and response groups and
organizations.
``(J) Local labor organizations.
``(K) Businesses and business associations.
``(L) Agencies and organizations involved with
community safety.
``(M) Social work, mental health, behavioral
health, substance use, physical health, and public
health professionals; public health agencies and
institutions; and mental health, behavioral health,
social work, and other professionals, groups,
organizations, agencies, and institutions in the health
and human services fields.
``(N) The general public, including individuals who
have experienced mental health or psychosocial problems
who can represent and engage with populations relevant
to the community.
``(d) Report.--
``(1) Submission.--Not later than December 31, 2028, the
Secretary shall submit a report to the Congress on the results
of the grants under subsection (a)(1).
``(2) Contents.--Such report shall include a summary of the
best practices used by grantees in establishing, operating, or
expanding community mental wellness and resilience programs.
``(e) Technical Assistance.--The Secretary shall provide technical
assistance--
``(1) to assist eligible entities in developing
applications for grants under paragraph (1) or (2) of
subsection (a); and
``(2) to enable the sharing of best practices learned from
successful resilience coordinating networks.
``(f) Definitions.--In this section:
``(1) The term `community' means people, groups, and
organizations that reside in or work within a specific
geographic area, such as a city, neighborhood, subdivision,
urban, suburban, or rural locale.
``(2) The term `community trauma' means a blow to the basic
fabric of social life that damages the bonds attaching people
together, impairs their prevailing sense of community,
undermines their fundamental sense of safety, justice, equity,
and security, and heightens individual and collective fears and
feelings of vulnerability.
``(3) The term `mental wellness' means a state of well-
being in which an individual can--
``(A) realize their own potential;
``(B) constructively cope with the stresses of
life;
``(C) work productively and fruitfully; and
``(D) make a contribution to their community.
``(4) The term `protective factors' means strengths,
skills, resources, and characteristics that--
``(A) are associated with a lower likelihood of
negative outcomes of adversities; or
``(B) reduce the impact on people of toxic stresses
or a traumatic experience.
``(5) The term `psychosocial problem' means the ways in
which an individual's mental health or behavioral health
problem disturbs others such as children, families,
communities, or society.
``(6) The term `public health approach to mental health'
means methods that--
``(A) take a population-level approach to promote
mental wellness and resilience to prevent problems
before they emerge and heal them when they do appear,
not merely treating individuals one at a time after
symptoms of pathology appear; and
``(B) address mental health and psychosocial
problems by--
``(i) identifying and strengthening
existing protective factors, and forming new
ones, that buffer people from and enhance their
capacity for psychological and emotional
resilience; and
``(ii) taking a holistic systems
perspective that recognizes that most mental
health and psychosocial problems result from
numerous interrelated personal, family, social,
economic, and environmental factors that
require multipronged community-based
interventions.
``(7) The term `resilience' means that people develop
cognitive, psychological, emotional capabilities and social
connections that enable them to calm their body, mind,
emotions, and behaviors during toxic stresses or traumatic
experiences in ways that enable them to--
``(A) respond without negative consequences for
themselves or others; and
``(B) use the experiences as catalysts to develop a
constructive new sense of meaning, purpose, and hope.
``(8) The term `Secretary' means the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention.
``(9) The term `toxic stress' means exposure to a
persistent overwhelming traumatic and stressful situation.
``(g) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there is authorized to be appropriated $100,000,000
for each of fiscal years 2024 through 2028.
``(2) Rural communities.--The Secretary shall award not
less than 20 percent of the amounts made available under
paragraph (1) for grants under paragraphs (1) and (2) of
subsection (a) to eligible entities that are establishing,
operating, or expanding community mental wellness and
resilience programs that are located in or serve a rural area
(as defined in section 520 of the Housing Act of 1949 (42
U.S.C. 1490)).
``(3) Environmental justice communities.--The Secretary
shall award not less than 20 percent of the amounts made
available under paragraph (1) for grants under paragraphs (1)
and (2) of subsection (a) to eligible entities that are
establishing, operating, or expanding community mental wellness
and resilience programs that serve environmental justice
communities (as defined in section 2 of the Green New Deal for
Health Act).''.
Subtitle B--Understanding and Preventing Heat Risk
SEC. 611. DEFINITIONS.
In this subtitle:
(1) Extreme heat.--The term ``extreme heat'' means heat
that substantially exceeds local climatological norms in terms
of any combination of the following:
(A) Duration of an individual heat event.
(B) Intensity.
(C) Season length.
(D) Frequency.
(2) Heat.--The term ``heat'' means any combination of the
atmospheric parameters associated with modulating human thermal
regulation, such as air temperature, humidity, solar exposure,
and wind speed.
(3) Heat event.--The term ``heat event'' means an
occurrence of extreme heat that may have heat-health
implications.
(4) Heat-health.--The term ``heat-health'' means mental and
physical health effects to humans from heat or the risk of such
effects.
(5) Planning.--The term ``planning'' means activities
performed across time scales (including days, weeks, months,
years, and decades) with scenario-based, probabilistic or
deterministic information to identify and take actions to
proactively mitigate heat-health risks from increased
frequency, duration, and intensity of heat waves and increased
ambient temperature.
(6) Preparedness.--The term ``preparedness'' means
activities performed across time scales (including days, weeks,
months, years, and decades) with probabilistic or deterministic
information to manage risk in advance of a heat event and
increased ambient temperature.
(7) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(8) Vulnerable populations.--The term ``vulnerable
populations'' means populations that face health, financial,
educational, or housing disparities that would render them more
susceptible to the negative impacts of extreme heat.
SEC. 612. STUDY ON EXTREME HEAT INFORMATION AND RESPONSE.
(a) Study.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with representatives
from the Department of Health and Human Services as the
Secretary of Health and Human Services considers appropriate,
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a
study on extreme heat information and response, to be completed
not later than 2 years after the date of the enactment of this
Act.
(2) Elements.--The study described in paragraph (1) shall--
(A) identify the policy, research, operations,
communications, and data gaps affecting heat-health
planning, preparedness, response, resilience, and
adaptation, and impacts to vulnerable populations;
(B) provide recommendations for addressing gaps
identified under subparagraph (A);
(C) provide recommendations, in addition to the
recommendations provided under subparagraph (B), which
may include strategies for--
(i) communicating warnings to and promoting
resilience of populations vulnerable to extreme
heat;
(ii) distributing extreme heat warnings,
including to individuals with limited English
proficiency and individuals who may have other
established barriers to such information;
(iii) designing warnings described in
clause (ii) to convey the urgency and severity
of heat events and achieve behavior changes
that reduce the mortality and morbidity of
extreme heat effects;
(iv) understanding compound and cascading
risks to inform development and implementation
of heat-health risk reduction interventions;
and
(v) promoting community resilience and
addressing specific decision support service
needs of vulnerable populations; and
(D) consider the effectiveness of country- or
local-level heat awareness and communication tools,
preparedness plans, or mitigation.
(3) Development of definitions.--In conducting the study
described in paragraph (1), the National Academies of Sciences,
Engineering, and Medicine shall work with heat and health
experts to identify consistent and agreed-upon definitions for
heat events, heat waves, and other relevant terms.
(b) Report.--Not later than 90 days after completion of the study
described in subsection (a)(1), the Under Secretary of Commerce for
Oceans and Atmosphere shall--
(1) make available to the public on an internet website of
the National Oceanic and Atmospheric Administration a report on
the findings and conclusions of the study; and
(2) submit the report to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Science, Space, and Technology
of the House of Representatives;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and the Workforce of
the House of Representatives.
SEC. 613. FINANCIAL ASSISTANCE FOR RESEARCH AND RESILIENCE IN
ADDRESSING EXTREME HEAT RISKS.
(a) Establishment of Program.--Subject to the availability of
appropriations, not later than 1 year after the date of the enactment
of this Act, the Under Secretary of Commerce for Oceans and Atmosphere
shall establish and administer a community heat resilience program to
provide financial assistance to eligible entities to carry out projects
described in subsection (e) to ameliorate the mental and physical human
health impacts of extreme heat events.
(b) Purpose.--The purpose of the financial assistance provided
under this section is to further scientific research regarding extreme
heat and fund efforts to educate communities about extreme heat.
(c) Forms of Assistance.--Financial assistance provided under this
section may be in the form of contracts, grants, or cooperative
agreements.
(d) Eligible Entities.--Entities eligible to receive financial
assistance under this section to carry out projects described in
subsection (e) include--
(1) nonprofit entities;
(2) academic institutions;
(3) States;
(4) Tribal governments;
(5) local governments; and
(6) political subdivisions of States, Tribal governments,
and local governments.
(e) Eligible Projects.--Projects described in this subsection
include projects--
(1) to expand public awareness of heat risks;
(2) to conduct heat mapping campaigns;
(3) to conduct scientific research to assess gaps and
priorities regarding the risks of extreme heat in communities;
(4) to communicate risks to isolated communities; and
(5) to educate such communities about how to respond to
extreme heat events.
(f) Priorities.--In selecting eligible entities to receive
financial assistance under this section, the Under Secretary of
Commerce for Oceans and Atmosphere shall prioritize entities that will
carry out projects that provide benefits for historically disadvantaged
communities and communities found to have the greatest risk or highest
incidence of heat-related illnesses and mortalities.
SEC. 614. AUTHORIZATION OF APPROPRIATIONS.
(a) Study on Extreme Heat Information and Response.--There is
authorized to be appropriated to the National Oceanic and Atmospheric
Administration to contract with the National Academies of Sciences,
Engineering, and Medicine to carry out section 612 $500,000 for each of
fiscal years 2024 through 2026.
(b) Financial Assistance To Address Extreme Heat.--There is
authorized to be appropriated to the National Oceanic and Atmospheric
Administration to carry out section 613 $30,000,000 for each of fiscal
years 2024 through 2028.
Subtitle C--Home Resiliency for Medical Needs
SEC. 621. MEDICARE COVERAGE OF MEDICALLY NECESSARY HOME RESILIENCY
SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (II), by striking ``and'' at
the end;
(B) in subparagraph (JJ), by inserting ``and'' at
the end; and
(C) by adding at the end the following new
subparagraph:
``(KK) in the case of an individual who is medically at
risk in the event of a climate or man-made disaster (as
determined by the Secretary in accordance with subsection
(nnn)), home resiliency services (as defined in such
subsection);''; and
(2) by adding at the end the following new subsection:
``(nnn) Home Resiliency Services; Determination of Individuals
Medically at Risk.--
``(1) Home resiliency services.--The term `home resiliency
services' means items and services--
``(A) furnished on or after January 1, 2024, to an
individual described in subsection (s)(2)(KK); and
``(B) that the Secretary determines are medically
necessary for such individual in the case of a climate
or man-made disaster, such as a heat pump for an
individual vulnerable to extreme temperatures, solar
batteries for an individual reliant on electrical
medical equipment (including home mechanical
ventilators), and energy-efficient cold storage for
heat-sensitive medical supplies.
``(2) Determination of individuals medically at risk.--For
purposes of subsection (s)(2)(KK) and this subsection, the
Secretary, in consultation with the Office of Climate Change
and Health Equity, the National Institutes of Health, the
Centers of Medicare & Medicaid Services, and the National
Oceanic and Atmospheric Administration, shall establish a
process to determine the conditions under which an individual
would be determined to be medically at risk in the event of a
disaster or climate hazards, including extreme heat, extreme
cold, flooding, and loss of power. Such a process shall
consider--
``(A) geography-specific climate risks and regional
preparedness for different climate risks;
``(B) the regional history of disaster or climate
hazards and infrastructure failure in the preceding 20
years or the forward-looking predicted risk of disaster
or climate hazards and infrastructure failure in the
next 20 years;
``(C) medical reliance on equipment,
pharmaceuticals, mobility aids, and other supplies that
are sensitive to exposure to extreme temperatures, poor
air quality, flooding and water damage, or dependent on
electrical power; and
``(D) chronic medical conditions, disabilities, and
co-morbidities that increase patient vulnerability
during disaster.''.
(b) Payment.--Section 1833(a)(1) of the Social Security Act (42
U.S.C. 1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(HH)''; and
(2) by inserting before the semicolon at the end the
following: ``and (II) with respect to home resiliency services
described in section 1861(s)(2)(KK), the amount paid shall be
an amount equal to 100 percent of the lesser of the actual
charge for the services or the amount determined under a fee
schedule established by the Secretary''.
TITLE VII--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
SEC. 701. RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--RESEARCH AND INNOVATION FOR CLIMATE AND HEALTH
``SEC. 399OO. NATIONAL CLIMATE AND HEALTH RESEARCH AND INNOVATION
INITIATIVE.
``(a) Establishment.--The President shall establish and implement
an initiative, to be known as the `National Climate and Health Research
and Innovation Initiative' (referred to in this part as the
`Initiative'), to be carried out by the Secretary, acting through the
Assistant Secretary for Health.
``(b) Purpose.--The purpose of the Initiative is to develop the
tools, research, innovations, and understanding of climate change and
health needed to prevent, treat, and mitigate the health harms of
climate change in order to protect the collective health and well-being
of the people of the United States.
``(c) Activities.--In carrying out the Initiative, the President,
acting through the Office of Climate Change and Health Equity, the
Interagency Committee, and such agency heads as the President considers
appropriate, shall carry out activities that include the following:
``(1) Supporting research to understand, predict, and
prevent the health burdens of climate change and improve the
ability to treat health harms due to climate change,
including--
``(A) research to understand and predict the
impacts of climate change on both physical and mental
health, including disproportionate impacts based on
race, ethnicity, language, gender, sex, pregnancy
status, disability, age, location, occupation, and
immigration status;
``(B) research into, and mitigation of, adverse
mental and physical health effects of historical and
ongoing environmental racism and the subsequent
combined health risk of climate change and
environmental pollution;
``(C) research to model and predict occupational
hazards that will occur or intensify due to climate
change;
``(D) development of medical education curricula
relating to the clinical hazards of, and interventions
for, climate-change-based health burdens;
``(E) research to address climate-related housing
and community development issues, including the impact
of, and mitigation strategies for, challenges such as
isolation, low-quality housing, housing precarity, and
homelessness, and the vulnerabilities and the mental
and physical health risks those challenges present; and
``(F) research to study the social and economic
factors and policies that create healthy, resilient
communities prepared to adapt to the challenges posed
by climate change.
``(2) Supporting research and development of sustainable
and equitable health care operations and clinical practices
that reduce greenhouse gas emissions, climate risk, and
environmental health hazards, including--
``(A) research into effective models of health care
delivery--
``(i) to mitigate the impact of long-
standing climate change and environmental
hazards on health; and
``(ii) in preparation for, and in response
to, climate disasters;
``(B) research to model and predict the necessary
health care capacity surplus required to absorb both
acute and chronic surges in health care demand due to
climate-generated health burden, with attention to
geographical climate risks and patient demographic
health care needs;
``(C) the development of methods to reduce health
sector environmental pollution;
``(D) research into, and mitigation of, the
environmental impacts of hazardous substances used in
health care and the health care supply chain, including
the placement of facilities that use hazardous
substances and the proximity of those facilities to
historically marginalized communities;
``(E)(i) research and development of innovations
that shift the lifecycle of medical supplies and
devices from single use to sustainable, circular
economies, including low-environmental impact
sterilization techniques; and
``(ii) support of public-private partnerships that
enable scientific translation of those innovations;
``(F) the development of clinically equivalent and
improved, low-climate-footprint interventions and
pharmaceuticals and the study of the environmental
impacts of those interventions and pharmaceuticals to
enable high-quality, environmentally conscious clinical
decision making; and
``(G) conducting and supporting research,
development, demonstration, and commercial application
of renewable energy technologies and strategies to meet
the energy demand and energy security needs of
infrastructure critical to health care.
``(d) Termination.--The Initiative shall terminate on December 31,
2033.
``SEC. 399OO-1. INTERAGENCY COORDINATION.
``(a) In General.--Not later than 1 year after the date of
enactment of the Green New Deal for Health Act, the President shall
establish an interagency committee (referred to in this part as the
`Interagency Committee'), to coordinate the Initiative, as appropriate,
among the departments, offices, and agencies described in subsection
(b)(1).
``(b) Membership.--
``(1) In general.--The membership of the Interagency
Committee shall consist of--
``(A) 3 representatives of the Department of Health
and Human Services, which shall include--
``(i) 1 representative of the Office of
Climate Change and Health Equity; and
``(ii) 1 representative of the National
Institutes of Health;
``(B) 1 representative of the Office of Science and
Technology Policy;
``(C) 1 representative of the National Science
Foundation;
``(D) 1 representative of the Environmental
Protection Agency;
``(E) 1 representative of the Department of Energy;
``(F) 1 representative of the Department of Housing
and Urban Development; and
``(G) 1 representative of the Department of Labor.
``(2) Co-chairs.--The Interagency Committee shall be co-
chaired by the representatives described in subparagraphs
(A)(i) and (B) of paragraph (1).
``(c) Meetings.--The Interagency Committee shall meet not less
frequently than quarterly.
``(d) Duties.--The Interagency Committee shall--
``(1) provide for interagency coordination of the
activities of the Initiative;
``(2) develop a plan that describes how the departments,
offices, and agencies described in subsection (b)(1) will
collectively carry out the activities described in section
399OO(c), including--
``(A) a description of how each department, office,
and agency will execute a subset of the activities
described in that section; and
``(B) a description of collaborations across the
departments, offices, and agencies;
``(3) annually submit to Congress a report describing the
progress of the Initiative, activities of the Interagency
Committee, and policy recommendations that derive from the
results of the Initiative; and
``(4) as part of the President's annual budget request to
Congress, propose an annually coordinated interagency budget
for the Initiative to the Office of Management and Budget that
is intended to ensure that the balance of funding across the
Initiative is sufficient to meet the goals and priorities
established for the Initiative.
``SEC. 399OO-2. ADVISORY COUNCIL.
``(a) In General.--The Secretary shall establish an advisory
council (referred to in this section as the `Advisory Council') to
advise and provide recommendations to the Initiative.
``(b) Membership.--
``(1) In general.--The membership of the Advisory Council
shall consist of--
``(A) the members of the Interagency Committee; and
``(B) the non-Federal members appointed under
paragraph (2).
``(2) Appointed members.--The Secretary shall appoint the
following non-Federal members of the Advisory Council:
``(A) Not more than 4 members who are
representatives of research institutions, academic
institutions, or medical industry entities.
``(B) Not fewer than 1 member who is a
representative of a critical access hospital (as
defined in section 1861(mm)(1) of the Social Security
Act).
``(C) Not fewer than 1 member who is a
representative of a hospital that receives
disproportionate share payments under section
1886(d)(5)(F) of the Social Security Act.
``(D) Not fewer than 1 member who is a
representative of a community health center receiving
funding under section 330.
``(E) Not fewer than 1 member who is a
representative of an Indian Health Service facility
operated by an Indian tribe or tribal organization (as
defined in section 4 of the Indian Health Care
Improvement Act).
``(F) Not fewer than 1 member who is a
representative of a State, local, or Tribal department
of public health.
``(G) Not fewer than 4 members who--
``(i) are representatives of labor
organizations representing health care workers;
and
``(ii) collectively represent a diversity
of health care professions, such as workers in
environmental services, direct care workers,
nurses, and physicians.
``(H) Not fewer than 4 members who are
representatives of community-based patient advocacy or
public health advocacy organizations, each of which are
from different geographic regions of the United States.
``(3) Diverse representation.--The Secretary shall ensure
that the membership of the Advisory Council reflects the
diversity of the patient populations that are geographically
and demographically representative of the United States,
especially frontline populations and populations that are
subject to negative disparate outcomes in health.
``(4) Duties.--The Advisory Council shall advise the
President and the Secretary on matters relating to the
Initiative, including recommendations related to--
``(A) the research and innovation needs of
frontline communities, environmental justice
communities (as defined in section 2 of the Green New
Deal for Health Act), medically underserved communities
(as defined in section 799B), and individuals
vulnerable to climate change;
``(B) the current gaps and challenges in the
scientific understanding of the health impacts of
climate change and the impact of health care on
climate;
``(C) emerging research and innovation needs from
clinical practice;
``(D) whether issues of health disparities are
adequately addressed by the Initiative;
``(E) the balance of activities and funding across
the Initiative;
``(F) bottlenecks in translating research findings
into clinical advances, mitigation strategies, and
workplace safety; and
``(G) accountability and ethical use of research
funds.
``(5) Meetings.--The Advisory Council shall meet not less
frequently than annually, and such meetings shall be open to
the public.
``(6) Termination.--The Advisory Council shall terminate on
December 31, 2033.
``SEC. 399OO-3. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out section 399OO
$5,000,000,000 for each of fiscal years 2024 through 2033.''.
<all>
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118HR2765 | Wild Olympics Wilderness and Wild and Scenic Rivers Act | [
[
"K000381",
"Rep. Kilmer, Derek [D-WA-6]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2765
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Kilmer introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
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 ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sams river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sams River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(233) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(234) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture, as provided in
section 10(e).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(235) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(236) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(237) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(238) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture,
as provided in section 10(e).
``(239) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of the gorge in the NW\1/4\ sec. 22,
T. 22 N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(240) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(241) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(242) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(243) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(244) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(245) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(246) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture, as provided in section 10(e).
``(247) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture, as
provided in section 10(e).
``(248) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(249) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(250) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(251) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of enactment of this Act, the
Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under that
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of that paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 4. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the
amendment made by section 3(a) affects or abrogates existing rights,
privileges, or contracts held by private parties, nor does this Act in
any way modify or direct the management, acquisition, or disposition of
land managed by the Washington Department of Natural Resources on
behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this Act and
the amendment made by section 3(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5. TREATY RIGHTS.
Nothing in this Act alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian Tribe with hunting, fishing,
gathering, and cultural or religious rights as protected by a treaty.
<all>
</pre></body></html>
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118HR2766 | Uyghur Policy Act of 2023 | [
[
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[
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],
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2766 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2766
To support the human rights of Uyghurs and members of other minority
groups residing primarily in the Xinjiang Uyghur Autonomous Region and
safeguard their distinct identity, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mrs. Kim of California (for herself, Mr. Bera, Mrs. Radewagen, Mr.
Sherman, Mr. Hill, Ms. Tenney, Mr. Johnson of Ohio, Mr. Phillips, Mr.
Fitzpatrick, Mr. Peters, Ms. Titus, Ms. Norton, Mr. Armstrong, Mr.
Keating, Mr. Costa, Ms. Wild, Ms. Tokuda, and Ms. Wexton) introduced
the following bill; which was referred to the Committee on Foreign
Affairs
_______________________________________________________________________
A BILL
To support the human rights of Uyghurs and members of other minority
groups residing primarily in the Xinjiang Uyghur Autonomous Region and
safeguard their distinct identity, 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 ``Uyghur Policy Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The People's Republic of China (PRC) continues to
repress the distinct Islamic, Turkic identity of Uyghurs and
members of other minority groups of the Xinjiang Uyghur
Autonomous Region (XUAR) in northwestern China and other areas
of their habitual residence.
(2) Uyghurs, and other predominantly Muslim ethnic
minorities historically making up the majority of the XUAR
population, have maintained throughout their history a distinct
religious and cultural identity.
(3) Human rights, including freedom of religion or belief,
and respect for the Uyghurs' unique Muslim identity are
legitimate interests of the international community.
(4) The People's Republic of China has ratified the
International Covenant on Economic, Social, and Cultural Rights
and is thereby bound by its provisions. The PRC has also signed
the International Covenant on Civil and Political Rights.
Article One of both covenants state that all peoples have the
right to self-determination.
(5) An official campaign to encourage Han Chinese migration
into the XUAR has placed immense pressure on those who seek to
preserve the ethnic, cultural, religious, and linguistic
traditions of the Uyghur people. Chinese authorities have
supported an influx of Han Chinese economic immigrants into the
XUAR, implemented discrimination against Uyghurs in hiring
practices, and provided unequal access to healthcare services.
(6) The authorities of the People's Republic of China have
manipulated the strategic objectives of the international war
on terror to mask their increasing cultural and religious
oppression of the Muslim population residing in the XUAR.
(7) Following unrest in the region, in 2014, Chinese
authorities launched their ``Strike Hard against Violent
Extremism'' campaign, in which dubious allegations of
widespread extremist activity were used as justification for
gross human rights violations committed against members of the
Uyghur community in the XUAR.
(8) PRC authorities have made use of the legal system as a
tool of repression, including for the imposition of arbitrary
detentions and for torture against members of the Uyghur
community and other populations.
(9) Uyghurs and Kazakhs who have secured citizenship or
permanent residency outside of the PRC have attested to
repeated threats, harassment, and surveillance by PRC
officials.
(10) Reporting from international news organizations has
found that over the past decade, family members of Uyghurs
living outside of the PRC have gone missing or been detained to
force Uyghur expatriates to return to the PRC or silence their
dissent.
(11) Credible evidence from human rights organizations,
think tanks, and journalists confirms that more than 1,000,000
Uyghurs and members of other Muslim ethnic minority groups have
been imprisoned in ``political reeducation'' centers.
(12) Independent accounts from former detainees of
``political reeducation'' centers describe inhumane conditions
and treatment including forced political indoctrination,
torture, beatings, rape, forced sterilization, and food
deprivation. Former detainees also confirmed that they were
told by guards the only way to secure release was to
demonstrate sufficient political loyalty to the PRC Government
and the Chinese Communist Party.
(13) Popular discourse surrounding the ongoing atrocities
in the XUAR and advocacy efforts to assist Uyghurs remains
muted in most Muslim majority nations around the world.
(14) Both Secretary of State Antony Blinken and Former
Secretary of State Michael Pompeo have stated that the PRC
Government has committed genocide and crimes against humanity
against Uyghurs and other ethnic and religious minorities in
the XUAR.
(15) Government bodies of multiple nations have also
declared that PRC Government atrocities against such
populations in the XUAR constitute genocide, including the
parliaments of the United Kingdom, Belgium, Czechia, Lithuania,
the Netherlands, and Canada.
SEC. 3. DECLARATIONS OF POLICY.
Congress--
(1) calls upon the Government of the People's Republic of
China to open the XUAR to regular, transparent, and
unmanipulated visits by members of the press, Members of
Congress, congressional staff delegations, the United States
Special Coordinator for Uyghur Issues under section 4, and
members and staff of the Congressional-Executive Commission on
the People's Republic of China;
(2) calls upon the Government of the People's Republic of
China to recognize, and seek to ensure the preservation of, the
distinct ethnic, cultural, religious, and linguistic identity
of Uyghurs and members of other ethnic and religious minority
groups in the XUAR;
(3) calls upon the Government of the People's Republic of
China to cease all government-sponsored crackdowns,
imprisonments, and detentions of people throughout the XUAR
aimed at those involved in the peaceful expression of their
ethnic, cultural, political, or religious identity;
(4) commends countries that have provided shelter and
hospitality to Uyghurs in exile, including Turkey, Albania, and
Germany; and
(5) urges countries with sizeable Muslim populations, given
commonalities in their religious and cultural identities, to
demonstrate concern over the plight of Uyghurs.
SEC. 4. UNITED STATES SPECIAL COORDINATOR FOR UYGHUR ISSUES.
(a) In General.--There is authorized to be within the Department of
State a United States Special Coordinator for Uyghur Issues (in this
section referred to as the ``Special Coordinator''), to be designated
by the Secretary of State in accordance with subsection (b).
(b) Consultation.--The Secretary of State shall consult with the
Chairs and Ranking Members of the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives prior to the designation of the Special Coordinator.
(c) Central Objective.--The Special Coordinator should seek to
promote the protection and preservation of the distinct ethnic,
cultural, religious, and linguistic identities of the Uyghurs.
(d) Duties and Responsibilities.--The Special Coordinator should,
as appropriate--
(1) coordinate United States Government policies, programs,
and projects concerning the Uyghurs;
(2) vigorously promote the policy of seeking to protect the
distinct ethnic, religious, cultural, and linguistic identity
of the Uyghurs and seek improved respect for human rights in
the Xinjiang Uyghur Autonomous Region (XUAR);
(3) maintain close contact with Uyghur religious, cultural,
and political leaders, including seeking regular travel to the
XUAR and to Uyghur populations in Central Asia, Turkey,
Albania, Germany, and other parts of Europe;
(4) lead coordination efforts for the release of political
prisoners in the XUAR who are being detained for exercising
their human rights;
(5) consult with the United States Congress on policies
relevant to the XUAR and the Uyghurs;
(6) coordinate with relevant Federal agencies to administer
aid to Uyghur rights advocates; and
(7) make efforts to establish contacts with foreign
ministries of other countries, especially in Europe, Central
Asia, and members of the Organisation of Islamic Cooperation,
to pursue a policy of promoting greater respect for human
rights and religious freedom for Uyghurs and other ethnic and
religious minority groups persecuted in the PRC.
(e) Support.--The Secretary of State shall ensure the Special
Coordinator has adequate resources, staff, and administrative support
to carry out this section.
(f) Deadline.--If the Secretary of State has not designated the
Special Coordinator by the date that is 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report detailing the reasons for the
delay.
(g) Termination.--This section shall terminate on the date that is
five years after the designation of the Special Coordinator.
SEC. 5. PUBLIC DIPLOMACY IN THE ISLAMIC WORLD ON THE UYGHUR SITUATION.
(a) Funding for Human Rights Advocates.--Of the amounts authorized
to be appropriated for the U.S. Speaker Program in the Bureau of
Educational and Cultural Affairs of the Department of State, $250,000
for each of fiscal years 2024, 2025, and 2026 is authorized to be
available for human rights advocates on behalf of the Uyghurs and
members of other ethnic and religious minority groups persecuted in the
PRC, whose names may be provided by the Department of State and the
United States Special Coordinator for Uyghur Issues in consultation
with representatives of the global Uyghur community, to speak at public
diplomacy forums in Organisation of Islamic Cooperation countries and
other regions on issues regarding the human rights and religious
freedom of Uyghurs and members of other ethnic and religious minority
groups persecuted in the PRC.
(b) United States Agency for Global Media.--It is the sense of
Congress that the United States Agency for Global Media should
facilitate the unhindered dissemination of information to Organisation
of Islamic Cooperation countries on issues regarding the human rights
and religious freedom of Uyghurs and members of other minority groups
in the XUAR.
SEC. 6. ACCESS TO DETENTION FACILITIES AND PRISONS AND THE RELEASE OF
PRISONERS.
(a) Sense of Congress on Political Reeducation and Detention
Facilities.--It is the sense of Congress that the United States
Government should, in cooperation with other like-minded countries,
develop a strategy to--
(1) pressure the People's Republic of China to immediately
close all detention facilities and ``political reeducation''
camps housing Uyghurs and members of other ethnic minority
groups in the Xinjiang Uyghur Autonomous Region (XUAR); and
(2) support the United Nations Commissioner for Human
Rights and numerous United Nations Special Rapporteurs' urgent
calls for immediate and unhindered access to detention
facilities and ``political reeducation'' camps in the XUAR by
independent international organizations and the Office of the
United Nations High Commissioner for Human Rights for a
comprehensive assessment of the human rights situation.
(b) Sense of Congress on Prison Access and Prisoner Release.--It is
the sense of Congress that the President and Secretary of State, in
meetings with representatives of the Government of the People's
Republic of China, should--
(1) request the immediate and unconditional release of all
prisoners detained for their ethnic, cultural, religious, and
linguistic identities, or for expressing their political or
religious beliefs in the XUAR;
(2) seek access for international humanitarian
organizations, including the International Federation of Red
Cross and Red Crescent Societies, to prisoners in the XUAR to
ensure such prisoners are not being mistreated and are
receiving necessary medical care; and
(3) seek the immediate release of all prisoners who have
been arbitrarily detained and sentenced without due process,
including Ekpar Asat, who participated in the Department of
State's International Visitors Leadership Program in 2016, was
incarcerated after returning to the XUAR, and is now serving a
15 year prison sentence on charges of ``inciting ethnic hatred
and ethnic discrimination''.
SEC. 7. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING.
The Secretary of State shall ensure that Uyghur language training
is available to Foreign Service officers as appropriate, and that every
effort is made to ensure that a Uyghur-speaking member of the Foreign
Service (as such term is described in section 103 of the Foreign
Service Act of 1980 (22 U.S.C. 3903)) is assigned to United States
diplomatic and consular missions in China.
SEC. 8. UYGHUR CONSIDERATIONS AT THE UNITED NATIONS.
It is the sense of Congress that--
(1) the United States Government should oppose any efforts
to prevent consideration of the issues related to the Xinjiang
Uyghur Autonomous Region (XUAR) in any body of the United
Nations;
(2) the United States Government should oppose any efforts
to prevent the participation of any Uyghur human rights
advocates in nongovernmental fora hosted by or otherwise
organized under the auspices of any body of the United Nations;
and
(3) the Secretary of State should instruct the United
States Permanent Representative to the United Nations to
support the appointment of a special rapporteur or working
group for the XUAR for the purposes of monitoring human rights
violations and abuses in the XUAR, and for making reports
available to the High Commissioner for Refugees, the High
Commissioner for Human Rights, the Human Rights Commission, the
General Assembly, and other United Nations bodies.
<all>
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118HR2767 | Small Business Investment 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. 2767 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2767
To amend the Internal Revenue Code of 1986 to modify the exclusion for
gain from qualified small business stock.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Kustoff (for himself and Mr. Fitzpatrick) 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 modify the exclusion for
gain from qualified small business stock.
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 Investment Act of
2023''.
SEC. 2. PHASED INCREASE IN EXCLUSION FOR GAIN FROM QUALIFIED SMALL
BUSINESS STOCK.
(a) In General.--Section 1202(a)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``50 percent'' and inserting ``the
applicable percentage'', and
(2) by striking ``held for more than 5 years'' and
inserting ``held for at least 3 years''.
(b) Applicable Percentage.--Section 1202(a) of such Code is amended
by adding at the end the following new paragraph:
``(5) Applicable percentage.--Except as provided in
paragraphs (3) and (4), the applicable percentage under
paragraph (1) shall be determined under the following table:
Applicable
``Years stock held: percentage:
3 years................................................ 50%
4 years................................................ 75%
5 years or more........................................ 100%''.
(c) Continued Treatment as Not Item of Tax Preference.--
(1) In general.--Section 57(a)(7) of such Code is amended
by striking ``An amount'' and inserting ``In the case of stock
acquired on or before the date of the enactment of the Creating
Small Business Jobs Act of 2010, an amount''.
(2) Conforming amendment.--Section 1202(a)(4) of such Code
is amended--
(A) by striking ``, and'' at the end of
subparagraph (B) and inserting a period, and
(B) by striking subparagraph (C).
(d) Other Conforming Amendments.--
(1) Section 1202(a)(4) of such Code is amended by inserting
``and before the date of the enactment of the Small Business
Investment Act of 2023'' after ``Act of 2010''.
(2) Paragraphs (3) and (4) of section 1202(a) of such Code
are each amended by inserting ``held for more than 5 years
and'' after ``In the case of qualified small business stock''.
(3) Section 1202(a)(3)(A) of such Code is amended to read
as follows:
``(A) the applicable percentage under paragraph (1)
shall be 75 percent, and'',
(4) Section 1202(a)(4)(A) of such Code is amended to read
as follows:
``(A) the applicable percentage under paragraph (1)
shall be 100 percent, and''.
(5) Section 1202(b)(2) of such Code is amended by striking
``more than 5 years'' and inserting ``at least 3 years''.
(6) Section 1202(g)(2)(A) of such Code is amended by
striking ``more than 5 years'' and inserting ``at least 3
years''.
(7) Section 1202(j)(1)(A) of such Code is amended by
striking ``more than 5 years'' and inserting ``at least 3
years''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock acquired
after the date of the enactment of this Act.
(2) Continued treatment as not item of tax preference.--The
amendment made by subsection (c) shall take effect as if
included in the enactment of section 2011 the Creating Small
Business Jobs Act of 2010.
SEC. 3. TACKING HOLDING PERIOD OF CONVERTIBLE DEBT INSTRUMENTS.
(a) In General.--Section 1202(f) of the Internal Revenue Code of
1986 is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B) and moving such subparagraphs (as so
redesignated) 2 ems to the right,
(2) by striking ``Conversion of Other Stock.--If any
stock'' and inserting the following: ``Conversion.--
``(1) Other stock.--If any stock'', and
(3) by adding at the end the following new paragraph:
``(2) Convertible debt instruments.--
``(A) In general.--If any stock in a corporation is
acquired by the taxpayer, without recognition of gain,
solely through the conversion of a qualified
convertible debt instrument--
``(i) the stock so acquired shall be
treated as qualified small business stock in
the hands of the taxpayer, and
``(ii) the stock so acquired shall be
treated as having been held during the period
during which the qualified convertible debt
instrument was held.
``(B) Qualified convertible debt instrument.--For
purposes of this paragraph, the term `qualified
convertible debt instrument' means any bond or other
evidence of indebtedness--
``(i) which is originally issued by the
corporation to the taxpayer,
``(ii) the issuer of which--
``(I) from issuance until
conversion, is a qualified small
business, and
``(II) during substantially all of
the taxpayer's holding period of such
bond or evidence of indebtedness, the
corporation meets the active business
requirements of subsection (e), and
``(iii) which is convertible into stock in
the corporation.''.
(b) Effective Date.--The amendments made by this section shall
apply to debt instruments originally issued after the date of the
enactment of this Act.
SEC. 4. GAIN EXCLUSION ALLOWED WITH RESPECT TO QUALIFIED SMALL BUSINESS
STOCK IN CORPORATION.
(a) In General.--Section 1202(c) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``C corporation'' in paragraphs (1) and
inserting ``corporation'', and
(2) by striking ``and such corporation is a C corporation''
in paragraph (2)(A).
(b) Qualified Small Business Definition.--Section 1202(d)(1) of
such Code is amended by striking ``which is a C corporation''.
(c) Clarification of Aggregation Rules Applicable to S
Corporations.--Section 1202(d)(3) of such Code is amended by adding at
the end the following new subparagraph:
``(C) Clarification with respect to S
corporations.--Any determination of the members of a
controlled group of corporations under this paragraph
shall include taking into account any stock ownership
in an S corporation.''.
(d) Treatment of Passive Losses.--Section 469(g)(1) of such Code is
amended by adding at the end the following new subparagraph:
``(D) Certain dispositions of small business
stock.--In the case a disposition any gain from which
is excluded from gross income under section 1202,
subparagraph (A) shall not apply.''.
(e) Special Rules Relating to S Corporations.--Section 1202(e) of
such Code is amended by adding at the end the following new paragraph:
``(9) Applied at S corporation level.--In the case of an S
corporation, the requirements of this subsection shall be
applied at the corporate level.''.
(f) Effective Date.--The amendments made by this section shall
apply to stock acquired after the date of the enactment of this Act.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 66 (Thursday, April 20, 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. 2767.\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 modifies Section 1202 of the Internal Revenue\nCode.\n[Page H1911]\n</pre>",
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118HR2768 | PFC Joseph P. Dwyer Peer Support Program Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2768
To authorize the Secretary of Veterans Affairs to make grants to State
and local entities to carry out peer-to-peer mental health programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. LaLota (for himself, Mr. Garbarino, Mr. Fitzpatrick, Mr. Kilmer,
Mr. Cuellar, Mr. Gottheimer, Ms. Sherrill, Mr. Costa, Ms. Manning, Mrs.
Hayes, Mr. Lawler, Mr. Bacon, Ms. Spanberger, Mr. Crow, Mr. Himes, Mr.
D'Esposito, and Mr. Ryan) introduced the following bill; which was
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To authorize the Secretary of Veterans Affairs to make grants to State
and local entities to carry out peer-to-peer mental health programs.
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 ``PFC Joseph P. Dwyer Peer Support
Program Act''.
SEC. 2. PFC JOSEPH P. DWYER PEER SUPPORT PROGRAM.
(a) In General.--The Secretary of Veterans Affairs shall establish
a grant program to be known as the ``PFC Joseph P. Dwyer Peer Support
Program'' under which the Secretary shall make grants to eligible
entities for the purpose of establishing peer-to-peer mental health
programs for veterans.
(b) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means any of the following entities that submit to the
Secretary an application containing such information and assurances as
the Secretary may require:
(1) A nonprofit organization having historically served
veterans' mental health needs.
(2) A congressionally chartered veteran service
organization.
(3) A State, local, or Tribal veteran service agency,
director, or commissioner.
(c) Amount of Grant.--The recipient of a grant under this section
shall receive a grant in an amount that does not exceed $250,000.
(d) Use of Funds.--The recipient of a grant under this section
shall use the grant funds to--
(1) carry out a program that meets the standards developed
under subsection (e);
(2) hire veterans to serve as peer specialists to host
group and individual meetings with veterans seeking nonclinical
support;
(3) provide mental health support to veterans 24 hours each
day, seven days each week; and
(4) hire staff to support the program.
(e) Program Standards.--
(1) Advisory commission.--The Secretary shall establish an
advisory committee for the purpose of creating appropriate
standards applicable to programs established using grants under
this section.
(2) Standards.--The standards developed under paragraph (1)
shall include initial and continued training for veteran peer
volunteers, administrative staffing needs, and best practices
for addressing the needs of each veteran served.
(f) Nonretention of Records.--The Secretary may not require the
recipient of a grant under this section to maintain records on veterans
seeking support or to report any personally identifying information
directly or indirectly to the Secretary about such veterans.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000 to carry out this section during the 3-year
period beginning on the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR2769 | Stop Penalizing Working Seniors Act | [
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[From the U.S. Government Publishing Office]
[H.R. 2769 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2769
To amend the Internal Revenue Code of 1986 to allow individuals only
enrolled in Medicare Part A to contribute to health savings accounts.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Latta (for himself, Mrs. Hinson, Mrs. Bice, and Mr. Langworthy)
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 individuals only
enrolled in Medicare Part A to contribute to health savings accounts.
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 Penalizing Working Seniors
Act''.
SEC. 2. INDIVIDUALS OVER AGE 65 ENROLLED ONLY IN MEDICARE PART A
ALLOWED TO CONTRIBUTE TO HEALTH SAVINGS ACCOUNTS.
(a) In General.--Section 223(b)(7) of the Internal Revenue Code of
1986 is amended by adding at the end the following: ``This paragraph
shall not apply to any individual during any period for which the
individual's only entitlement to such benefits is an entitlement to
hospital insurance benefits under part A of title XVIII of such Act
pursuant to an enrollment for such hospital insurance benefits under
section 226(a) of such Act.''.
(b) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after December 31, 2022.
<all>
</pre></body></html>
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118HR277 | REINS Act of 2023 | [
[
"C001039",
"Rep. Cammack, Kat [R-FL-3]",
"sponsor"
],
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"J000289",
"Rep. Jordan, Jim [R-OH-4]",
"cosponsor"
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[
"F000469",
"Rep... | <p><strong>Regulations from the Executive in Need of Scrutiny Act of 20</strong><b>23</b> <b>or the REINS Act of 2023</b></p> <p>This bill revises provisions relating to congressional review of agency rulemaking. </p> <p>Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A <i>major rule</i> is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. </p> <p>The bill generally preserves the current congressional review process for a nonmajor rule.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 277 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 277
To amend chapter 8 of title 5, United States Code, to provide that
major rules of the executive branch shall have no force or effect
unless a joint resolution of approval is enacted into law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mrs. Cammack (for herself, Mr. Jordan, Mr. Comer, Mr. Emmer, Mr.
Fulcher, Mr. Dunn of Florida, Mr. Finstad, Mr. Lamborn, Mr. Carl, Mrs.
Miller of Illinois, Mr. Bucshon, Mr. Joyce of Pennsylvania, Mr.
Reschenthaler, Mr. Buchanan, Mr. Obernolte, Mr. Jackson of Texas, Mr.
Mooney, Ms. Granger, Mr. Newhouse, Mr. Gimenez, Mrs. Lesko, Mr.
Williams of Texas, Mr. Massie, Mr. Austin Scott of Georgia, Mr.
LaTurner, Mr. Clyde, Mr. Graves of Louisiana, Mrs. Hinson, Mrs. Rodgers
of Washington, Mr. Crenshaw, Mrs. Miller-Meeks, Mr. Smith of Nebraska,
Mr. Arrington, Mr. Bacon, Mr. Perry, Mr. LaMalfa, Mr. Bentz, Mr.
Armstrong, Mr. Johnson of Louisiana, Mr. Cloud, Mr. Garbarino, Mr.
Banks, Mr. Tiffany, Mr. Burchett, Mr. Norman, Mr. Roy, Mr. Owens, Mr.
Issa, Mr. Rutherford, Mr. Carter of Georgia, Mr. Burgess, Mr. Kelly of
Mississippi, Mr. Palmer, Mr. Weber of Texas, Mr. Walberg, Mr. Barr, Mr.
Moore of Utah, Mr. Loudermilk, Mr. C. Scott Franklin of Florida, Ms.
Mace, Mrs. McClain, Mr. Balderson, Mrs. Steel, Mr. Biggs, Mrs. Greene
of Georgia, Mr. Bilirakis, Mr. Duncan, Mr. Bost, Mr. Feenstra, Mrs.
Spartz, Mr. Babin, Mr. Wittman, Mr. Steube, Mr. Stewart, Mr. Smucker,
Mrs. Boebert, Mr. Hudson, Mr. Buck, Mrs. Bice, Mrs. Fischbach, Mr.
Fallon, Mr. Steil, Mr. Mann, Mr. Rogers of Alabama, Mr. Murphy, Mr.
Donalds, Mr. Posey, Mr. Johnson of South Dakota, Mr. Wilson of South
Carolina, Mr. Nehls, Mr. Baird, Mr. Pfluger, Mr. Bishop of North
Carolina, Mr. Wenstrup, Mr. Hern, Ms. Tenney, Mr. Cline, Mr. Moore of
Alabama, Mr. Van Drew, Mr. McClintock, Mr. Green of Tennessee, Mr.
Fitzgerald, Mr. Thompson of Pennsylvania, Mr. Mast, Mr. Rosendale, Mr.
Davidson, Mr. Gaetz, Mr. Gooden of Texas, Ms. Van Duyne, Mr. Bergman,
Mr. Mike Garcia of California, Mr. Allen, Ms. De La Cruz, Mr. Valadao,
Mr. Zinke, Mr. McCaul, Mr. DesJarlais, Mr. Nunn of Iowa, Mr. Huizenga,
Mr. Timmons, Mr. Collins, Mr. Lawler, Mr. Smith of Missouri, Mrs. Luna,
Mr. Tony Gonzales of Texas, Mr. Westerman, Mr. Ferguson, Miss Gonzalez-
Colon, Mrs. Chavez-DeRemer, Mr. James, Mr. Estes, Mr. Crawford, Mr.
McHenry, Ms. Lee of Florida, Mr. Harris, Mr. Sessions, Mr. Langworthy,
Mr. Meuser, Ms. Salazar, Mr. Diaz-Balart, Mr. Edwards, Mr. Ciscomani,
Mr. Moran, Mr. Pence, Mr. Brecheen, Mr. Hill, Mr. Ezell, Mrs. Houchin,
Mr. McCormick, Mr. Luttrell, Mr. Alford, Mr. Johnson of Ohio, Mr.
Rouzer, Mr. Burlison, Mr. Ellzey, Mr. Webster of Florida, Ms. Hageman,
Mr. Bean of Florida, Mr. Higgins of Louisiana, Mrs. Miller of West
Virginia, Mr. Gallagher, Mr. Griffith, Mr. Good of Virginia, Mr. Miller
of Ohio, Mr. Mills, Mr. Lucas, Mr. Fleischmann, Mr. Moolenaar, Mr.
LaHood, Ms. Foxx, Mr. Rogers of Kentucky, Mr. Flood, Mr. Grothman, Mr.
Van Orden, and Mr. Guest) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Rules, and the Budget, 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 8 of title 5, United States Code, to provide that
major rules of the executive branch shall have no force or effect
unless a joint resolution of approval is enacted into 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 ``Regulations from the Executive in
Need of Scrutiny Act of 2023''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase accountability for and
transparency in the Federal regulatory process. Section 1 of article I
of the United States Constitution grants all legislative powers to
Congress. Over time, Congress has excessively delegated its
constitutional charge while failing to conduct appropriate oversight
and retain accountability for the content of the laws it passes. By
requiring a vote in Congress, the REINS Act will result in more
carefully drafted and detailed legislation, an improved regulatory
process, and a legislative branch that is truly accountable to the
American people for the laws imposed upon them.
SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.
``Sec. 801. Congressional review
``(a)(1)(A) Before a rule may take effect, the Federal agency
promulgating such rule shall publish in the Federal Register a list of
information on which the rule is based, including data, scientific and
economic studies, and cost-benefit analyses, and identify how the
public can access such information online, and shall submit to each
House of the Congress and to the Comptroller General a report
containing--
``(i) a copy of the rule;
``(ii) a concise general statement relating to the rule;
``(iii) a classification of the rule as a major or nonmajor
rule, including an explanation of the classification
specifically addressing each criteria for a major rule
contained within subparagraphs (A) through (C) of section
804(2);
``(iv) a list of any other related regulatory actions
intended to implement the same statutory provision or
regulatory objective as well as the individual and aggregate
economic effects of those actions; and
``(v) the proposed effective date of the rule.
``(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule shall submit
to the Comptroller General and make available to each House of
Congress--
``(i) a complete copy of the cost-benefit analysis of the
rule, if any, including an analysis of any jobs added or lost,
differentiating between public and private sector jobs;
``(ii) the agency's actions pursuant to sections 603, 604,
605, 607, and 609 of this title;
``(iii) the agency's actions pursuant to sections 202, 203,
204, and 205 of the Unfunded Mandates Reform Act of 1995; and
``(iv) any other relevant information or requirements under
any other Act and any relevant Executive orders.
``(C) Upon receipt of a report submitted under subparagraph (A),
each House shall provide copies of the report to the chairman and
ranking member of each standing committee with jurisdiction under the
rules of the House of Representatives or the Senate to report a bill to
amend the provision of law under which the rule is issued.
``(2)(A) The Comptroller General shall provide a report on each
major rule to the committees of jurisdiction by the end of 15 calendar
days after the submission or publication date. The report of the
Comptroller General shall include an assessment of the agency's
compliance with procedural steps required by paragraph (1)(B) and an
assessment of whether the major rule imposes any new limits or mandates
on private-sector activity.
``(B) Federal agencies shall cooperate with the Comptroller General
by providing information relevant to the Comptroller General's report
under subparagraph (A).
``(3) A major rule relating to a report submitted under paragraph
(1) shall take effect upon enactment of a joint resolution of approval
described in section 802 or as provided for in the rule following
enactment of a joint resolution of approval described in section 802,
whichever is later.
``(4) A nonmajor rule shall take effect as provided by section 803
after submission to Congress under paragraph (1).
``(5) If a joint resolution of approval relating to a major rule is
not enacted within the period provided in subsection (b)(2), then a
joint resolution of approval relating to the same rule may not be
considered under this chapter in the same Congress by either the House
of Representatives or the Senate.
``(b)(1) A major rule shall not take effect unless the Congress
enacts a joint resolution of approval described under section 802.
``(2) If a joint resolution described in subsection (a) is not
enacted into law by the end of 70 session days or legislative days, as
applicable, beginning on the date on which the report referred to in
subsection (a)(1)(A) is received by Congress (excluding days either
House of Congress is adjourned for more than 3 days during a session of
Congress), then the rule described in that resolution shall be deemed
not to be approved and such rule shall not take effect.
``(c)(1) Notwithstanding any other provision of this section
(except subject to paragraph (3)), a major rule may take effect for one
90-calendar-day period if the President makes a determination under
paragraph (2) and submits written notice of such determination to the
Congress.
``(2) Paragraph (1) applies to a determination made by the
President by Executive order that the major rule should take effect
because such 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.
``(3) An exercise by the President of the authority under this
subsection shall have no effect on the procedures under section 802.
``(d)(1) In addition to the opportunity for review otherwise
provided under this chapter, in the case of any rule for which a report
was submitted in accordance with subsection (a)(1)(A) during the period
beginning on the date occurring--
``(A) in the case of the Senate, 60 session days; or
``(B) in the case of the House of Representatives, 60
legislative days,
before the date the Congress is scheduled to adjourn a session of
Congress through the date on which the same or succeeding Congress
first convenes its next session, sections 802 and 803 shall apply to
such rule in the succeeding session of Congress.
``(2)(A) In applying sections 802 and 803 for purposes of such
additional review, a rule described under paragraph (1) shall be
treated as though--
``(i) such rule were published in the Federal Register on--
``(I) in the case of the Senate, the 15th session
day; or
``(II) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes; and
``(ii) a report on such rule were submitted to Congress
under subsection (a)(1) on such date.
``(B) Nothing in this paragraph shall be construed to affect the
requirement under subsection (a)(1) that a report shall be submitted to
Congress before a rule can take effect.
``(3) A rule described under paragraph (1) shall take effect as
otherwise provided by law (including other subsections of this
section).
``Sec. 802. Congressional approval procedure for major rules
``(a)(1) For purposes of this section, the term `joint resolution'
means only a joint resolution addressing a report classifying a rule as
major pursuant to section 801(a)(1)(A)(iii) that--
``(A) bears no preamble;
``(B) bears the following title (with blanks filled as
appropriate): `Approving the rule submitted by ___ relating to
___.';
``(C) includes after its resolving clause only the
following (with blanks filled as appropriate): `That Congress
approves the rule submitted by ___ relating to ___.'; and
``(D) is introduced pursuant to paragraph (2).
``(2) After a House of Congress receives a report classifying a
rule as major pursuant to section 801(a)(1)(A)(iii), the majority
leader of that House (or his or her respective designee) shall
introduce (by request, if appropriate) a joint resolution described in
paragraph (1)--
``(A) in the case of the House of Representatives, within 3
legislative days; and
``(B) in the case of the Senate, within 3 session days.
``(3) A joint resolution described in paragraph (1) shall not be
subject to amendment at any stage of proceeding.
``(b) A joint resolution described in subsection (a) shall be
referred in each House of Congress to the committees having
jurisdiction over the provision of law under which the rule is issued.
``(c) In the Senate, if the committee or committees to which a
joint resolution described in subsection (a) has been referred have not
reported it at the end of 15 session days after its introduction, such
committee or committees shall be automatically discharged from further
consideration of the resolution and it shall be placed on the calendar.
A vote on final passage of the resolution shall be taken on or before
the close of the 15th session day after the resolution is reported by
the committee or committees to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
``(d)(1) In the Senate, when the committee or committees to which a
joint resolution is referred have reported, or when a committee or
committees are discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is not subject to amendment, or to a
motion to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the House of Representatives, if any committee to which a
joint resolution described in subsection (a) has been referred has not
reported it to the House at the end of 15 legislative days after its
introduction, such committee shall be discharged from further
consideration of the joint resolution, and it shall be placed on the
appropriate calendar. On the second and fourth Thursdays of each month
it shall be in order at any time for the Speaker to recognize a Member
who favors passage of a joint resolution that has appeared on the
calendar for at least 5 legislative days to call up that joint
resolution for immediate consideration in the House without
intervention of any point of order. When so called up a joint
resolution shall be considered as read and shall be debatable for 1
hour equally divided and controlled by the proponent and an opponent,
and the previous question shall be considered as ordered to its passage
without intervening motion. It shall not be in order to reconsider the
vote on passage. If a vote on final passage of the joint resolution has
not been taken by the third Thursday on which the Speaker may recognize
a Member under this subsection, such vote shall be taken on that day.
``(f)(1) If, before passing a joint resolution described in
subsection (a), one House receives from the other a joint resolution
having the same text, then--
``(A) the joint resolution of the other House shall not be
referred to a committee; and
``(B) the procedure in the receiving House shall be the
same as if no joint resolution had been received from the other
House until the vote on passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
``(2) This subsection shall not apply to the House of
Representatives if the joint resolution received from the Senate is a
revenue measure.
``(g) If either House has not taken a vote on final passage of the
joint resolution by the last day of the period described in section
801(b)(2), then such vote shall be taken on that day.
``(h) This section and section 803 are enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a) and superseding other rules only where
explicitly so; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 803. Congressional disapproval procedure for nonmajor rules
``(a) For purposes of this section, the term `joint resolution'
means only a joint resolution introduced in the period beginning on the
date on which the report referred to in section 801(a)(1)(A) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: `That Congress disapproves the nonmajor rule submitted by
the ___ relating to ___, and such rule shall have no force or effect.'
(The blank spaces being appropriately filled in).
``(b) A joint resolution described in subsection (a) shall be
referred to the committees in each House of Congress with jurisdiction.
``(c) In the Senate, if the committee to which is referred a joint
resolution described in subsection (a) has not reported such joint
resolution (or an identical joint resolution) at the end of 15 session
days after the date of introduction of the joint resolution, such
committee may be discharged from further consideration of such joint
resolution upon a petition supported in writing by 30 Members of the
Senate, and such joint resolution shall be placed on the calendar.
``(d)(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c)) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. The motion
is not subject to amendment, or to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion to further
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(e) In the Senate, the procedure specified in subsection (c) or
(d) shall not apply to the consideration of a joint resolution
respecting a nonmajor rule--
``(1) after the expiration of the 60 session days beginning
with the applicable submission or publication date; or
``(2) if the report under section 801(a)(1)(A) was
submitted during the period referred to in section 801(d)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
``(f) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a), then the
following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``Sec. 804. Definitions
``For purposes of this chapter:
``(1) The term `Federal agency' means any agency as that
term is defined in section 551(1).
``(2) The term `major rule' means any rule, including an
interim final rule, that the Administrator of the Office of
Information and Regulatory Affairs of the Office of Management
and Budget finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of $100
million or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets.
``(3) The term `nonmajor rule' means any rule that is not a
major rule.
``(4) The term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefore, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.
``(5) The term `submission or publication date', except as
otherwise provided in this chapter, means--
``(A) in the case of a major rule, the date on
which the Congress receives the report submitted under
section 801(a)(1); and
``(B) in the case of a nonmajor rule, the later
of--
``(i) the date on which the Congress
receives the report submitted under section
801(a)(1); and
``(ii) the date on which the nonmajor rule
is published in the Federal Register, if so
published.
``Sec. 805. Judicial review
``(a) No determination, finding, action, or omission under this
chapter shall be subject to judicial review.
``(b) Notwithstanding subsection (a), a court may determine whether
a Federal agency has completed the necessary requirements under this
chapter for a rule to take effect.
``(c) The enactment of a joint resolution of approval under section
802 shall not be interpreted to serve as a grant or modification of
statutory authority by Congress for the promulgation of a rule, shall
not extinguish or affect any claim, whether substantive or procedural,
against any alleged defect in a rule, and shall not form part of the
record before the court in any judicial proceeding concerning a rule
except for purposes of determining whether or not the rule is in
effect.
``Sec. 806. Exemption for monetary policy
``Nothing in this chapter shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.
``Sec. 807. Effective date of certain rules
``Notwithstanding section 801--
``(1) any rule that establishes, modifies, opens, closes,
or conducts a regulatory program for a commercial,
recreational, or subsistence activity related to hunting,
fishing, or camping; or
``(2) any rule other than a major rule which an agency for
good cause finds (and incorporates the finding and a brief
statement of reasons therefore in the rule issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest,
shall take effect at such time as the Federal agency promulgating the
rule determines.''.
SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5,
UNITED STATES CODE.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the
end the following new subparagraph:
``(E) Budgetary effects of rules subject to section
802 of title 5, united states code.--Any rule subject
to the congressional approval procedure set forth in
section 802 of chapter 8 of title 5, United States
Code, affecting budget authority, outlays, or receipts
shall be assumed to be effective unless it is not
approved in accordance with such section.''.
SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to determine, as of the date of the enactment of this
Act--
(1) how many rules (as such term is defined in section 804
of title 5, United States Code) were in effect;
(2) how many major rules (as such term is defined in
section 804 of title 5, United States Code) were in effect; and
(3) the total estimated economic cost imposed by all such
rules.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to Congress that contains the findings of the study conducted
under subsection (a).
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"text": "Mr. Deluzio moved to recommit to the Committee on the Judiciary. (text: CR H2921)",
"type": "Floor"
},
{
"actionCode": "H34400",
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"sourceSystem": {
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"text": "The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.",
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{
"actionCode": "H35000",
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"text": "The previous question was ordered pursuant to the rule.",
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{
"actionCode": "H32600",
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"text": "The House rose from the Committee of the Whole House on the state of the Union to report H.R. 277.",
"type": "Floor"
},
{
"actionCode": "H32050",
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"text": "The House resolved into Committee of the Whole House on the state of the Union for further consideration.",
"type": "Floor"
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{
"actionCode": "H30000",
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"actionTime": "14:30:31",
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"text": "Considered as unfinished business. (consideration: CR H2916-2922)",
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{
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"actionTime": "13:51:33",
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"sourceSystem": {
"code": 2,
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"text": "Committee of the Whole House on the state of the Union rises leaving H.R. 277 as unfinished business.",
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},
{
"actionCode": "H32341",
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"text": "On motion that the committee rise Agreed to by voice vote.",
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{
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"text": "Mr. Roy moved that the committee rise.",
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{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 15, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 15.",
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},
{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Roy amendment No. 14, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Roy amendment No. 14.",
"type": "Floor"
},
{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Joyce (OH) amendment No. 13.",
"type": "Floor"
},
{
"actionCode": "H8D000",
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Houlahan amendment No. 12, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Ms. Houlahan demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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{
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},
{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 11, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes had prevailed. Mr. Al Green (TX) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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{
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"sourceSystem": {
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 11.",
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{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Al Green (TX) amendment No. 10, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mrs. Hageman demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Al Green (TX) amendment No. 10.",
"type": "Floor"
},
{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Good (VA) amendment No. 9, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 9.",
"type": "Floor"
},
{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 8.",
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},
{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Tony Gonzales (TX) amendment No. 7.",
"type": "Floor"
},
{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Good (VA) amendment No. 6.",
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{
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Hageman amendment No. 5.",
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{
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"text": "POSTPONED PROCEEDINGS - At conclusion of debate on the Biggs amendment No. 4, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.",
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs amendment No. 4.",
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 3.",
"type": "Floor"
},
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"text": "DEBATE - Pursuant to the provisions of H. Res. 495, the Committee of the Whole proceeded with 10 minutes of debate on the Boebert amendment No. 1.",
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"text": "Considered as unfinished business. (consideration: CR H2902-2916; text: CR H2903-2905)",
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"text": "On motion that the committee rise Agreed to by voice vote.",
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"text": "GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 277.",
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"text": "The Speaker designated the Honorable James C. Moylan to act as Chairman of the Committee.",
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"text": "Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.",
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"text": "Rules Committee Resolution H. Res. 495 Reported to House. Rule provides for consideration of H.J. Res. 44, H.R. 277, H.R. 288, H.R. 1615 and H.R. 1640. The resolution provides for consideration of H. J. Res. 44 under a closed rule with one hour of general debate and H.R. 277, H.R. 288, H.R. 1615, and H.R. 1640 under structured rules with one hour of general debate. Motion to recommit allowed on each measure. The resolution also provides that the ordering of the yeas and nays on the question of reconsideration of the vote on adoption of H. Res. 463 be considered vacated and the motion to reconsider be laid on the table.",
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"text": "On agreeing to the Hageman amendment (A005) Agreed to by voice vote. "
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"text": "On agreeing to the Boebert amendment (A003) Agreed to by voice vote. "
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"actionTime": "12:28:04",
"text": "On agreeing to the Boebert amendment (A001) Agreed to by voice vote. "
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118HR2770 | Prevent Family Fire Act of 2023 | [
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"G000581... | <p> <strong>Prevent Family Fire Act of 2023 </strong></p> <p>This bill allows through 2030 a new tax credit equal to 10% of amounts received from the first retail sale of a safe firearm storage device, not to exceed $400 per device. </p> <p>The bill defines<em> safe firearm storage device</em> as a device that is designed and marketed to deny unauthorized access to, or render inoperable, a firearm or ammunition, and is secured by a combination lock, key lock, or lock based on biometric information.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2770 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2770
To amend the Internal Revenue Code of 1986 to allow for a credit
against tax for sales at retail of safe firearm storage devices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Levin (for himself, Mr. Lawler, Mr. Boyle of Pennsylvania, Mrs. Kim
of California, Mr. Vicente Gonzalez of Texas, and Ms. Salazar)
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 for a credit
against tax for sales at retail of safe firearm storage devices.
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 ``Prevent Family Fire Act of 2023''.
SEC. 2. SAFE FIREARM STORAGE CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45BB. SAFE FIREARM STORAGE CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the safe
firearm storage credit determined under this section for the taxable
year is an amount equal to 10 percent of amounts received from the
first retail sale of each safe firearm storage device sold by the
taxpayer for use within the United States during the taxable year.
``(b) Limitations.--
``(1) $400 per device.--The amounts received from a first
retail sale that are taken into account under subsection (a)
with respect to a safe firearm storage device shall not exceed
$400 per device.
``(2) Fair market value.--The amount taken into account
under subsection (a) shall not include amounts in excess of the
fair market value of such safe firearm storage device.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Determination of price.--In determining price, there
shall be excluded, if stated as a separate charge, the amount
of any retail sales tax imposed by any State or political
subdivision thereof or the District of Columbia, whether the
liability for such tax is imposed on the vendor or vendee.
``(2) First retail sale.--The term `first retail sale'
means the first sale, for a purpose other than for resale or
leasing in a long-term lease, after production, manufacture, or
importation.
``(3) Safe firearm storage device.--
``(A) In general.--The term `safe firearm storage
device' means a device that is--
``(i) designed and marketed for the
principal purpose of denying unauthorized
access to, or rendering inoperable, a firearm
or ammunition, and
``(ii) secured by a combination lock, key
lock, or lock based on biometric information
which--
``(I) is integrated into the design
of the device, and
``(II) once locked, is incapable of
being opened without the combination,
key, or biometric information,
respectively.
``(B) Exclusion.--The term `safe firearm storage
device' does not include--
``(i) any device which is incorporated to
any extent into the design of a firearm or of
ammunition, or
``(ii) any device that, as of the date of
the sale described in subsection (a), has been
subject to a mandatory recall by the Consumer
Product Safety Commission.
``(C) Firearm; ammunition.--The terms `firearm' and
`ammunition' have the meanings given such terms in
section 921 of title 18, United States Code (without
regard to all that follows `firearm silencer' in
paragraph (3) of such section).
``(d) Recapture.--
``(1) In general.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) if such credit is improperly or
excessively claimed.
``(2) Documentation.--The Secretary may require such
information or registration as the Secretary deems necessary
for purposes of recapture under paragraph (1).
``(e) Termination.--This section shall not apply to sales after
December 31, 2030.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (40), by striking the period at the
end of paragraph (41) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(42) the safe firearm storage credit determined under
section 45BB(a).''.
(c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of such Code
is amended by redesignating clauses (x) through (xii) as clauses (xi)
through (xiii), respectively, and by inserting after clause (ix) the
following new clause:
``(x) the credit determined under section
45BB,''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45BB. Safe firearm storage credit.''.
(e) Report.--The Secretary of the Treasury shall make publicly
available an annual report of the credits against tax allowed by reason
of section 45BB (as added by this section), disaggregated by State.
(f) 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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118HR2771 | Portal for Appraisal Licensing Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2771 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2771
To amend the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 to establish a Portal for Appraiser Credentialing and AMC
Registration Information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Loudermilk (for himself, Mr. Kustoff, Mr. Gottheimer, and Mr.
Torres of New York) introduced the following bill; which was referred
to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 to establish a Portal for Appraiser Credentialing and AMC
Registration Information, 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 ``Portal for Appraisal Licensing Act
of 2023''.
SEC. 2. PORTAL FOR APPRAISER CREDENTIALING AND AMC REGISTRATION
INFORMATION.
Section 1103 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 3332) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period on the
end and inserting a semicolon;
(C) in paragraph (5)--
(i) by striking ``. The report'' and
inserting ``, and which''; and
(ii) by striking the period on the end and
inserting a semicolon;
(D) in paragraph (6), by striking the period on the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(7) establish and maintain the Portal for Appraiser
Credentialing and AMC Registration Information described under
subsection (c).''; and
(2) by adding at the end the following:
``(c) Portal for Appraiser Credentialing and AMC Registration
Information.--
``(1) In general.--The Appraisal Subcommittee shall
establish and maintain a cloud-based system to be called the
`Portal for Appraiser Credentialing and AMC Registration
Information' (the `Portal'), which--
``(A) shall provide appraisers and appraisal
management companies a central depository for license,
certification, and registration applications and
renewals;
``(B) shall provide connectivity with State
appraiser certifying and licensing agencies for their
access to all application and renewal information,
including completed qualifying and continuing
education, experience logs, examination results,
background check information, where applicable, and any
other information the Appraisal Subcommittee determines
appropriate (after consideration of any advice from the
advisory committee established under paragraph (6));
``(C) shall make available payment of all license,
certification, and registration fees and delivery of
letters of good standing to State appraiser certifying
and licensing agencies; and
``(D) may utilize an existing platform, if
available.
``(2) Background checks.--
``(A) Access to records.--Notwithstanding any other
provision of law, in providing appraisal functions, the
Attorney General shall provide access to all criminal
history information to the appropriate State officials
responsible for regulating State-licensed and State-
certified appraisers or appraisal management companies
to the extent criminal history background checks are
required under the laws of the State for the licensing
or certification of such appraisers and registering
appraisal management companies.
``(B) Agent.--For the purposes of this paragraph
and in order to reduce the points of contact which the
Federal Bureau of Investigation may have to maintain
for purposes of subparagraph (A), the Appraisal
Subcommittee may be used as a channeling agent of the
States for requesting and distributing information
between the Department of Justice and the appropriate
State agencies.
``(C) Other persons requiring a background check.--
To the extent FBI criminal history background checks
are required under the laws of a State, appraisers and
any other person that may require such a background
check shall submit fingerprints to the Portal and
authorize the Appraisal Subcommittee to process a
criminal background check with the Federal Bureau of
Investigation.
``(D) Treatment of background checks.--Background
checks completed under this paragraph shall satisfy any
third-party oversight requirements imposed by Federal
financial institutions regulatory agencies.
``(3) Additional content information.--
``(A) Education courses.--For purposes of the
education information maintained by the Portal--
``(i) a State appraiser certifying and
licensing agency may notify the Portal of which
particular courses have been approved by the
agency; and
``(ii) both education providers and State
appraiser certifying and licensing agencies of
States may submit to the Portal lists of
individuals who have completed such courses.
``(B) Unique identifiers.--The Appraisal
Subcommittee shall use a unique identifier to identify
each individual who submits an application through the
Portal or otherwise makes use of the Portal. The
Appraisal Subcommittee may also use a unique identifier
to identify each appraisal management company that
submits an application through the Portal or otherwise
makes use of the Portal.
``(4) No effect on states' rights.--States shall retain the
ability to act independently upon license, certification, and
registration applications and renewals for appraisers and
appraisal management companies.
``(5) Treatment of fees.--State credentialing fees and any
State-specific information shall continue to be provided to
States by appraisers and appraisal management companies, but
transmitted through the Portal via a streamlined process and
application.
``(6) Advisory committee.--
``(A) In general.--The Appraisal Subcommittee shall
establish an advisory committee to advise the Appraisal
Subcommittee on the establishment of the Portal.
``(B) Membership.--The advisory committee shall
consist of representatives of industry associations,
appraisers, lenders, appraisal management companies,
and State appraiser certifying and licensing agencies,
to be determined by the Appraisal Subcommittee.
``(7) Funding.--
``(A) User fees.--For the sole purpose of paying
for the cost of establishing and maintaining the Portal
and carrying out the background checks required under
paragraph (2)(A), the Appraisal Subcommittee may charge
a reasonable fee to individuals and appraisal
management companies making use of the Portal. The fee
shall be revenue neutral to the costs of developing and
maintaining the Portal.
``(B) State grants.--The Appraisal Subcommittee
shall make grants available to State appraiser
certifying and licensing agencies, in accordance with
policies to be developed by the Appraisal Subcommittee,
to support the efforts of such agencies to connect
State systems with the Portal.''.
<all>
</pre></body></html>
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118HR2772 | GRAM Act | [
[
"M001199",
"Rep. Mast, Brian J. [R-FL-21]",
"sponsor"
],
[
"A000369",
"Rep. Amodei, Mark E. [R-NV-2]",
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] | <p><strong>Gun Rights And Marijuana Act or the GRAM Act</strong></p> <p>This bill removes federal firearms-related restrictions on certain individuals who use or are addicted to marijuana.</p> <p>Currently, federal firearms law prohibits the sale or disposition of a firearm or ammunition to persons who are unlawful users of or addicted to a controlled substance. This bill exempts from the prohibition an adult whose use of or addiction to marijuana is lawful in the state or on the tribal lands where the person resides.<br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2772 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2772
To protect the Second Amendment rights of adults whose use of marijuana
is permitted by State or Tribal law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Mast introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect the Second Amendment rights of adults whose use of marijuana
is permitted by State or Tribal 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 ``Gun Rights And Marijuana Act'' or
the ``GRAM Act''.
SEC. 2. PROTECTION OF SECOND AMENDMENT RIGHTS OF ADULTS WHOSE USE OF
MARIJUANA IN ACCORDANCE WITH STATE OR TRIBAL LAW.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(38) The term `unlawful user of or addicted to any controlled
substance' shall not include a person by reason of unlawful use of or
addiction to marihuana (as defined in section 102(16) of the Controlled
Substances Act) if--
``(A) the person resides in a State, or on lands under the
jurisdiction of an Indian tribe (as defined in section 4 of the
Indian-Self Determination and Education Assistance Act), the
laws of which permit the use of marihuana by an adult; and
``(B) the use of marihuana by the person in the State or on
those lands, as the case may be, does not violate the laws of
the State or Indian tribe, as the case may be.''.
<all>
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118HR2773 | To amend the definition of an accredited investor to include individuals receiving advice from certain professionals, and for other purposes. | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2773 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2773
To amend the definition of an accredited investor to include
individuals receiving advice from certain professionals, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. McHenry introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the definition of an accredited investor to include
individuals receiving advice from certain professionals, 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. ACCREDITED INVESTORS INCLUDE INDIVIDUALS RECEIVING ADVICE
FROM CERTAIN PROFESSIONALS.
(a) Securities Act of 1933.--Section 2(a)(15) of the Securities Act
of 1933 (15 U.S.C. 77b(a)(15)) is amended--
(1) by striking ``(15) The term `accredited investor' shall
mean--'' and inserting the following:
``(15) Accredited investor.--
``(A) In general.--The term `accredited investor'
means--'';
(2) in clause (i), by striking ``or'' at the end;
(3) in clause (ii), by striking the period at the end and
inserting ``; or'';
(4) by adjusting the indentation of clauses (i) and (ii) by
moving such clauses 2 ems to the right; and
(5) by adding at the end the following:
``(iii) any individual receiving
individualized investment advice or
individualized investment recommendations with
respect to the applicable transaction from an
individual described under section
203.501(a)(10) of title 17, Code of Federal
Regulations.
``(B) Definitions.--In subparagraph (A)(iii):
``(i) Investment advice.--The term
`investment advice' shall be interpreted
consistently with the interpretation of the
phrase `engages in the business of advising
others, either directly or through publications
or writings, as to the value of securities or
as to the advisability of investing in,
purchasing, or selling securities' under
section 202(a)(11) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-2(a)(11)).
``(ii) Investment recommendation.--The term
`investment recommendation' shall be
interpreted consistently with the
interpretation of the term `recommendation'
under section 240.15l-1 of title 17, Code of
Federal Regulations.''.
(b) Conforming Changes to Regulations.--The Securities and Exchange
Commission shall revise section 203.501(a) of title 17, Code of Federal
Regulations, and any other definition of ``accredited investor'' in a
rule of the Commission in the same manner as such definition is revised
under subsection (a).
<all>
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118HR2774 | Accelerating Individuals into the Workforce Act | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2774 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2774
To provide for the conduct of demonstration projects to test the
effectiveness of subsidized employment for TANF recipients.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mrs. Miller of West Virginia (for herself and Mr. Estes) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide for the conduct of demonstration projects to test the
effectiveness of subsidized employment for TANF recipients.
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 ``Accelerating Individuals into the
Workforce Act''.
SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT SUBSIDIZED EMPLOYMENT FOR
TANF RECIPIENTS.
Section 403 of the Social Security Act (42 U.S.C. 603) is amended
by adding at the end the following:
``(d) Subsidized Employment Demonstration Projects.--
``(1) In general.--The Secretary shall make grants to
States to conduct demonstration projects designed to implement
and evaluate strategies that provide wage subsidies to enable
low-income individuals to enter into and retain employment.
``(2) Application requirements.--The Secretary shall
require each State that applies for a grant under this
subsection to do the following:
``(A) Describe how wage subsidies will be provided
(such as whether paid directly to the employer or the
individual), the duration of the subsidies, the amount
of the subsidies, the structure of the subsidies, and
how employers will be recruited to participate in the
subsidized employment program.
``(B) Describe how the State expects those
participating in subsidized employment to be able to
retain employment after the subsidy ends.
``(C) Describe how the State will coordinate
subsidized employment funded under this subsection with
other efforts to help low-income individuals enter work
as conducted by the State.
``(3) Use of funds.--
``(A) In general.--A State to which a grant is made
under this subsection may use the grant to subsidize
the wages of an eligible recipient for a period not
exceeding 12 months, and only to the extent that the
total of the funds paid under this project and any
other Federal funds so used with respect to the
recipient does not exceed 50 percent of the amount of
the wages received by the recipient during the period.
``(B) Eligible recipient.--For purposes of
subparagraph (A), an eligible recipient is an adult
recipient of assistance under the State program funded
under this part or any other State program funded with
qualified State expenditures (as defined in section
409(a)(7)(B)(i)) (or a noncustodial parent of a minor
child who is receiving such assistance)--
``(i) who, at the time the subsidy begins,
is unemployed; or
``(ii) whose income, at that time, is less
than 200 percent of the poverty line (as
defined by the Office of Management and Budget,
and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act
of 1981 (42 U.S.C. 9902(2))).
``(4) Nondisplacement.--A State to which a grant is made
under this subsection shall ensure that no participant in a
subsidized employment program funded in whole or in part under
this subsection is employed or assigned to a job under the
program when any other individual is on layoff from the same or
any substantially equivalent job.
``(5) Reports.--As a condition of receiving funds under
this subsection for a fiscal year, a State shall submit to the
Secretary, within 12 months after the end of the fiscal year, a
report that--
``(A) specifies, for each month of the fiscal year,
the number of individuals whose employment is
subsidized with these funds;
``(B) describes the structure of the State
activities to use the funds to subsidize employment,
including the amount and duration of the subsidies
provided;
``(C) specifies the percentage of eligible
recipients who received a subsidy who are in
unsubsidized employment during the 2nd quarter after
the subsidy ended;
``(D) specifies the percentage of eligible
recipients who received a subsidy who are in
unsubsidized employment during the 4th quarter after
the subsidy ended; and
``(E) specifies the median earnings of eligible
recipients who received a subsidy who are in
unsubsidized employment during the 2nd quarter after
the subsidy ended.
``(6) Evaluation.--The Secretary, in consultation with each
State conducting a demonstration project, shall conduct a high-
quality impact evaluation to determine the effects of the
demonstration project, including on individual skill levels and
earnings and employment retention, and may reserve funds made
available under this subsection to conduct the evaluation in
accordance with the following:
``(A) Evaluator qualifications.--The Secretary may
not enter into a contract with an evaluator unless the
evaluator has demonstrated experience in conducting
rigorous evaluations of program effectiveness
including, where available and appropriate, well-
implemented randomized controlled trials.
``(B) Methodologies to be used.--The evaluation of
a demonstration project shall use experimental designs
using random assignment or other reliable, evidence-
based research methodologies that allow for the
strongest possible causal inferences when random
assignment is not feasible.
``(C) Recommendations.--The evaluation of a
demonstration project shall include recommendations
relating to updated goals for the advancement and
improvement of the program and a description of
specific challenges encountered in the program and
recommended solutions.
``(D) Public disclosure.--The Secretary shall
publish the results of the evaluation on the website of
the Department of Health and Human Services in a
location easily accessible by the public.
``(7) Funding.--Of the amounts made available to carry out
subsection (b) for fiscal year 2023, the Secretary shall
reserve $100,000,000 to carry out this subsection.
``(8) Availability of funds.--Funds provided to a State
under this subsection in a fiscal year shall be expended by the
State in the fiscal year or in the succeeding 2 fiscal
years.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1,
2023.
<all>
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118HR2775 | Nuclear Weapons Abolition and Conversion Act of 2023 | [
[
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[
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"Rep. McGovern, James P. [D-MA-2]",
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2775 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2775
To direct the United States to sign the Treaty on the Prohibition of
Nuclear Weapons and convert nuclear weapons industry resources and
personnel to purposes relating to addressing the climate crisis, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Norton (for herself, Mr. McGovern, Mr. Grijalva, Ms. Omar, Ms.
Tlaib, and Mr. Pocan) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on 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 direct the United States to sign the Treaty on the Prohibition of
Nuclear Weapons and convert nuclear weapons industry resources and
personnel to purposes relating to addressing the climate crisis, 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 ``Nuclear Weapons Abolition and
Conversion Act of 2023''.
SEC. 2. UNITED STATES ABOLITION OF NUCLEAR WEAPONS AND CONVERSION OF
RESOURCES TO ENERGY AND ECONOMIC PURPOSES.
(a) Sense of Congress.--It is the sense of Congress that the United
States should provide leadership by--
(1) signing the Treaty on the Prohibition of Nuclear
Weapons; and
(2) ratifying such treaty when it is clear that
ratification will result in--
(A) the dismantlement and elimination of all
nuclear weapons in every country; and
(B) strict and effective international control of
such dismantlement and elimination.
(b) Redirection of Resources.--Beginning on the date on which the
President certifies to Congress that all countries possessing nuclear
weapons have begun the verifiable and irreversible elimination of such
weapons under the Treaty on the Prohibition of Nuclear Weapons, the
United States shall redirect resources that are being used for nuclear
weapons programs to be used for--
(1) purposes related to addressing the climate crisis,
including through the development and deployment of clean,
renewable energy sources, by converting all nuclear weapons
industry processes, plants, and programs for such purposes and
by retraining nuclear industry employees;
(2) addressing human and infrastructure needs, such as
health care, housing, education, agriculture, and environmental
restoration, including long-term radioactive waste monitoring;
and
(3) actively promote policies to induce all other countries
to join in the commitments referred to in paragraphs (1) and
(2) to create a more peaceful and secure world.
<all>
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118HR2776 | Go Woke, Go Broke Act | [
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"N000190... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2776 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2776
To abolish the Advisory Committee on Racial Equity of the Department of
the Treasury.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Ogles (for himself, Mr. Hern, Mr. Biggs, Mr. Weber of Texas, Mr.
Norman, Mr. Gosar, Mr. Clyde, Mrs. Lesko, Mr. Rouzer, Mr. Babin, Mr.
LaMalfa, Mr. Moore of Alabama, and Mr. Grothman) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To abolish the Advisory Committee on Racial Equity of the Department of
the Treasury.
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 ``Go Woke, Go Broke Act''.
SEC. 2. ABOLISHMENT.
The Advisory Committee on Racial Equity of the Department of the
Treasury is hereby abolished, and the Secretary of the Treasury may not
re-establish such advisory committee or establish any substantially
similar advisory committee.
<all>
</pre></body></html>
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118HR2777 | School Meals during School Closures Act | [
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"V000081",... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2777 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2777
To amend the Richard B. Russell National School Lunch Act to establish
a waiver under such Act to address certain school closures, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Omar (for herself, Mrs. Hayes, Mr. Schiff, Mr. Landsman, Ms.
Velazquez, Mrs. Watson Coleman, Ms. Jayapal, Mr. Carson, Mr. Casar, Ms.
Jacobs, Mrs. Napolitano, Mr. McGovern, Mr. Carter of Louisiana, Ms.
Crockett, Mr. Payne, Mr. Robert Garcia of California, Mr. Ivey, Mr.
Peters, Mr. Evans, Mr. Frost, Ms. Sewell, Ms. Tokuda, Ms. Porter, Mr.
Takano, Mr. McGarvey, Mr. Moulton, and Ms. Norton) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to establish
a waiver under such Act to address certain school closures, 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 ``School Meals during School Closures
Act''.
SEC. 2. WAIVER EXCEPTION FOR CERTAIN SCHOOL CLOSURES.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) is amended by inserting after subsection (j) the
following:
``(k) Waiver Exception for Certain School Closures.--
``(1) In general.--The Secretary may waive any requirement
under this Act or the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), or any regulation issued under either such Act,
for a State or eligible service provider that requests a waiver
to provide meals and meal supplements under such Acts during a
school closure due to--
``(A) a strike or other labor-management dispute
(except a waiver shall not apply in the case of a
lockout by an employer);
``(B) inclement weather, a natural disaster, a
public health emergency, unsafe facilities,
construction, or repairs; or
``(C) an unanticipated event that the Secretary
determines appropriate.
``(2) Requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the requirements applicable to a
waiver under subsection (l) shall apply to a waiver
under this subsection.
``(B) Exceptions.--Paragraphs (1)(A)(iii), (4), and
(5) of subsection (l) shall not apply to a waiver under
this subsection.''.
<all>
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118HR2778 | Eliminating the RFS and Its Destructive Outcomes Act | [
[
"P000605",
"Rep. Perry, Scott [R-PA-10]",
"sponsor"
],
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"Rep. McClintock, Tom [R-CA-5]",
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] | <p><strong>Eliminating the RFS and Its Destructive Outcomes Act</strong></p> <p>This bill repeals the Environmental Protection Agency's Renewable Fuel Standard program, which requires transportation fuel to contain a minimum volume of renewable fuel.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2778 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2778
To repeal the renewable fuel program of the Environmental Protection
Agency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Perry (for himself, Mr. McClintock, Mr. Biggs, and Mr. Roy)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To repeal the renewable fuel program of the Environmental Protection
Agency.
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 the RFS and Its
Destructive Outcomes Act''.
SEC. 2. REPEAL OF RENEWABLE FUEL PROGRAM.
(a) Repeal.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is repealed.
(b) Conforming Amendments.--
(1) Clean air act.--Section 211(d) of the Clean Air Act (42
U.S.C. 7545(d)) is amended--
(A) in paragraph (1)--
(i) by striking ``(n), or (o)'' each place
it appears and inserting ``or (n)''; and
(ii) by striking ``(m), or (o)'' and
inserting ``or (m)''; and
(B) in paragraph (2), by striking ``(n), and (o)''
each place it appears and inserting ``and (n)''.
(2) Petroleum marketing practices act.--Section
107(a)(1)(B) of the Petroleum Marketing Practices Act (15
U.S.C. 2807(a)(1)(B)) is amended by inserting ``, as in effect
on the day before the date of enactment of the Eliminating the
RFS and Its Destructive Outcomes Act'' after ``(40 CFR, part
80)''.
<all>
</pre></body></html>
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118HR2779 | To repeal the corporate average fuel economy standards. | [
[
"P000605",
"Rep. Perry, Scott [R-PA-10]",
"sponsor"
],
[
"T000165",
"Rep. Tiffany, Thomas P. [R-WI-7]",
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[
"C001118",
"Rep. Cline, Ben [R-VA-6]",
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] | <p>This bill repeals the corporate average fuel economy standards, which regulate how far automobiles must travel on a gallon of fuel.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2779 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2779
To repeal the corporate average fuel economy standards.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Perry (for himself, Mr. Tiffany, and Mr. Ogles) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To repeal the corporate average fuel economy standards.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPEALING THE CORPORATE AVERAGE FUEL ECONOMY STANDARDS.
Chapter 329 of title 49, United States Code, and the item relating
to such chapter in the analysis of chapters for subtitle VI of such
title, are repealed.
<all>
</pre></body></html>
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118HR278 | Cyber Defense National Guard Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>Cyber Defense National Guard Act</b></p> <p> This bill requires the Office of the Director of National Intelligence to report to Congress regarding the feasibility of establishing a Cyber Defense National Guard.</p> <p>The report shall address topics including (1) the cost of creating a Cyber Defense National Guard, (2) the number of persons needed to defend critical U.S. infrastructure from a cyberattack, (3) the sources of potential members of the Cyber Defense National Guard, and (4) which federal government elements would be best equipped to train and manage the Cyber Defense National Guard.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 278 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 278
To require the Director of National Intelligence to conduct a study on
the feasibility of establishing a Cyber Defense National Guard.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To require the Director of National Intelligence to conduct a study on
the feasibility of establishing a Cyber Defense National Guard.
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 ``Cyber Defense National Guard Act''.
SEC. 2. STUDY ON ESTABLISHMENT OF CYBER DEFENSE NATIONAL GUARD.
(a) Study.--The Director of National Intelligence, in consultation
with the Secretary of Defense and the Secretary of Homeland Security,
shall conduct a study on the feasibility of establishing a Cyber
Defense National Guard.
(b) Contents.--The study required under subsection (a) shall
include an analysis of--
(1) the cost of creating a Cyber Defense National Guard;
(2) the number of persons who would be needed to defend the
critical infrastructure of the United States from a cyber
attack or manmade intentional or unintentional catastrophic
incident;
(3) the sources of potential members of a Cyber Defense
National Guard, including industry, academic institutions,
research facilities, and Federal contractors;
(4) which elements of the Federal Government would be best
equipped to recruit, train, and manage a Cyber Defense National
Guard;
(5) the criteria required for persons to serve in a Cyber
Defense National Guard;
(6) if an incident disrupts communications in a region or
area, what resources can be pre-positioned and training
instilled to assure the effectiveness and responsiveness of a
Cyber Defense National Guard;
(7) the minimum requirements for consideration for
inclusion in a Cyber Defense National Guard;
(8) the impact of the effectiveness of a Cyber Defense
National Guard of the possibility that the population of
potential recruits may be dominated by men and women without
military, intelligence, law enforcement, or government work
experience;
(9) the recruitment and vetting costs for a Cyber Defense
National Guard;
(10) the frequency of cyber defense and unit cohesion
training;
(11) how well military discipline is able to be adapted for
use for creating command and control systems and protocols for
a Cyber Defense National Guard;
(12) the logistics of allowing governors to use the Cyber
Defense National Guard in States during times of cyber
emergency;
(13) the advantages and disadvantages of creating a Cyber
Defense National Guard on the cyber security of the United
States; and
(14) whether a force trained to defend the networks of the
United States in the event of a major attack or natural or
manmade disaster will benefit overall efforts to defend the
interests of the United States.
(c) Report.--
(1) Submission.--Not later than 240 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense and
the Secretary of Homeland Security, shall submit to the
Committee on Armed Services, the Committee on Homeland
Security, the Permanent Select Committee on Intelligence, and
the Committee on the Judiciary of the House of Representatives
and the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Select Committee on
Intelligence, and the Committee on the Judiciary of the Senate
a report containing the results of the study required under
subsection (a).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
<all>
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118HR2780 | DPA Reform Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2780 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2780
To amend the Defense Production Act of 1950 to provide that authority
under the Act can only be exercised during a period in which Congress
has formally declared war, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Perry (for himself, Mr. Tiffany, Mr. Ogles, and Mr. Davidson)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 to provide that authority
under the Act can only be exercised during a period in which Congress
has formally declared war, 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 ``DPA Reform Act of 2023''.
SEC. 2. DECLARATION OF WAR REQUIRED TO EXERCISE AUTHORITY UNDER THE
DPA.
(a) Priorities and Allocations.--Title I of the Defense Production
Act of 1950 (50 U.S.C. 4511 et seq.) is amended--
(1) in section 101--
(A) in subsection (a) by striking ``authorized''
and inserting ``authorized, during a period in which
Congress has formally declared war,''; and
(B) in subsection (c)(1) by inserting ``during a
period in which Congress has formally declared war,''
after ``may,'';
(2) in section 102 by inserting ``during a period in which
Congress has formally declared war,'' after ``hoarding,''; and
(3) in section 107(b)(1) by striking ``peacetime, graduated
mobilization, and national emergency'' and inserting ``a period
in which Congress has formally declared war''.
(b) Expansion of Productive Capacity and Supply.--Title III of the
Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) is amended--
(1) in section 301(a)(1) by striking ``the President may
authorize'' and inserting ``the President may, during a period
in which Congress has formally declared war, authorize'';
(2) in section 302(a) by striking ``the President may
make'' and inserting ``the President may, during a period in
which Congress has formally declared war, make''; and
(3) in section 303--
(A) in subsection (a)(1) by striking ``the
President may make'' and inserting ``the President may,
during a period in which Congress has formally declared
war, make'';
(B) in subsection (c)(2) by striking ``the
President may make'' and inserting ``the President may,
during a period in which Congress has formally declared
war, make'';
(C) in subsection (e)(1) by inserting ``, during a
period in which Congress has formally declared war''
after ``the President is authorized''; and
(D) in subsection (g) by striking ``the President
may make'' and inserting ``the President may, during a
period in which Congress has formally declared war,
make''.
(c) General Provisions.--Title VII of the Defense Production Act of
1950 (50 U.S.C. 4531 et seq.) is amended--
(1) in section 703 by inserting ``, during a period in
which Congress has formally declared war'' after ``Any officer
or agency head may'';
(2) in section 708(c)(1) by striking ``the President may
consult'' and inserting ``the President may, during a period in
which Congress has formally declared war, consult''; and
(3) in section 710--
(A) in subsection (b)(1) by inserting ``during a
period in which Congress has formally declared war,''
after ``authorized,'';
(B) in subsection (c) by inserting ``during a
period in which Congress has formally declared war,''
after ``authorized,'';
(C) in subsection (d) by striking ``The President
may utilize'' and inserting ``The President may, during
a period in which Congress has formally declared war,
utilize''; and
(D) in subsection (e) by striking ``authorized''
and inserting ``authorized, during a period in which
Congress has formally declared war,''.
(d) Technical Amendments.--
(1) Section 101(c)(1) of the Defense Production Act of 1950
(50 U.S.C. 4511(c)(1)) is amended by striking ``paragraph (3)''
and inserting ``paragraph (2)''.
(2) Section 710 of the Defense Production Act of 1950 (50
U.S.C. 4560) is amended--
(A) by redesignating subsections (b) through (g) as
subsections (a) through (f), respectively;
(B) in subsection (a), as so redesignated, by
striking ``subsection (b)'' and inserting
``subsection'' each place it appears; and
(C) in subsection (b), as so redesignated, by
striking ``section 55a'' and inserting ``section
3109''.
<all>
</pre></body></html>
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118HR2781 | To provide for the withdrawal of the United States from the United Nations Framework Convention on Climate Change, and for other purposes. | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2781 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2781
To provide for the withdrawal of the United States from the United
Nations Framework Convention on Climate Change, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Perry (for himself, Mr. Roy, Mr. Ogles, Mrs. Boebert, Mrs. Miller
of Illinois, Mr. Good of Virginia, Mr. Rosendale, Mr. Weber of Texas,
and Mr. Biggs) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for the withdrawal of the United States from the United
Nations Framework Convention on Climate Change, 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. WITHDRAWAL OF THE UNITED STATES FROM THE UNITED NATIONS
FRAMEWORK CONVENTION ON CLIMATE CHANGE.
The President shall--
(1) not later than 5 days after the date of the enactment
of this Act, provide written notification to the Depository of
the United Nations Framework Convention on Climate Change, done
at Rio de Janeiro, June 3-14, 1992, of the withdrawal of the
United States from the Convention effective on the date that it
is 1 year after the date of receipt by the Depository of such
notification of withdrawal in accordance with Article 25 of the
Convention; and
(2) on the effective date described in this section,
withdraw the United States from the United Nations Framework
Convention on Climate Change.
SEC. 2. LIMITATION ON USE OF FUNDS.
No funds authorized or appropriated by any Act may be used to
support, directly or indirectly, any efforts on the part of any United
States Government official to take steps to carry out the obligations
of the United States under the United Nations Framework Convention on
Climate Change on or after the effective date described in section 1.
<all>
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118HR2782 | Competitive Prices Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2782 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2782
To specify the standards governing claims of consciously parallel
pricing coordination in civil actions under the Sherman Act, and to
clarify the meaning of contract, combination in the form of trust or
otherwise, or conspiracy under the Sherman Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Porter (for herself, Mr. Nadler, Mr. Cicilline, and Ms. Jayapal)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To specify the standards governing claims of consciously parallel
pricing coordination in civil actions under the Sherman Act, and to
clarify the meaning of contract, combination in the form of trust or
otherwise, or conspiracy under the Sherman Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Prices Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to clarify and amend the law with
respect to--
(1) the illegality of consciously parallel pricing
coordination under sections 1 and 3(a) of the Sherman Act (15
U.S.C. 1, 3(a)); and
(2) the concerted-action requirement for claimed violations
of section 1 or 3(a) of the Sherman Act.
SEC. 3. FINDINGS.
(a) Consciously Parallel Pricing Coordination.--
(1) The American economy is built on the foundations of
open markets and fair competition. These core principles of
economic freedom are what stimulate innovation, improve the
quality of products and services, and ensure that prices are
competitive.
(2) The antitrust laws are designed to ensure American
consumers and businesses are afforded the benefits of
competition throughout the economy. The supreme evil of
antitrust law is, accordingly, collusion among market rivals.
Such collusion undermines competitive markets, stifles
innovation, and results in degraded quality and prices that are
dictated by competitors' agreement rather than competitors'
rivalry.
(3) Sections 1 and 3(a) of the Sherman Act (15 U.S.C. 1,
3(a)) categorically prohibit--as the most pernicious types of
contracts, combinations in the form of trust or otherwise, or
conspiracies, in restraint of trade or commerce--naked
agreements among actual or potential competitors to fix prices,
rig bids, or allocate markets. An agreement to fix the quantity
of products or services bought or sold is a form of agreement
to fix prices. These agreements are per se unlawful.
(4) Courts have been unduly hostile to claims of price
fixing that are based on tacit agreement among competitors.
They have, at times, declined to recognize tacit agreement as a
contract, combination in the form of trust or otherwise, or
conspiracy; they have held that allegations or evidence, taken
as a whole, that are as consistent with ``conscious
parallelism'' as with agreement are generally insufficient to
survive a motion to dismiss or motion for summary judgment; and
they have concluded a claimant must offer allegations or
evidence tending to exclude the possibility of independent
action. See, e.g., Brooke Grp. Ltd. v. Brown & Williamson
Tobacco Corp., 509 U.S. 209, 227 (1993); Matsushita Elec.
Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 588 (1986);
Monsanto Co. v. Spray-Rite Serv. Corp., 465 U.S. 752, 764
(1984).
(5) Section 4 of this Act rejects the judicial decisions
that have prevented meritorious price-fixing cases from
advancing to trial and judgment. It does so by providing that,
in civil actions, consciously parallel pricing coordination--as
defined by this Act--is a ``contract, combination in the form
of trust or otherwise, or conspiracy, in restraint of trade or
commerce'' under sections 1 and 3(a) of the Sherman Act.
(6) Section 4 of this Act does not supersede the law
governing price fixing. It instead supplements and complements
that law. It does not apply to criminal prosecutions.
(b) Concerted Action.--
(1) The words ``contract, combination in the form of trust
or otherwise, or conspiracy'' in sections 1 and 3(a) of the
Sherman Act require some form of agreement between two or more
persons, but that agreement need not be expressly made. A tacit
agreement also qualifies. Accordingly, the words ``contract,
combination in the form of trust or otherwise, or conspiracy''
encompass both express and tacit agreements.
(2) Although consciously parallel behavior alone does not
constitute a contract, combination in the form of trust or
otherwise, or conspiracy under sections 1 and 3(a) of the
Sherman Act, consciously parallel behavior can be evidence of
an agreement. And once the consciously parallel behavior
crosses the line into consciously parallel coordination, the
behavior qualifies as tacit agreement--that is, a contract,
combination in the form of trust or otherwise, or conspiracy.
(3) In Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 548-
49, 553-57, 564-70 (2007), the Supreme Court held that a
complaint alleging that competitors engaged in parallel,
anticompetitive conduct did not do enough to exclude the
possibility that the competitors engaged in independent action
and therefore failed to plausibly plead the existence of a
conspiracy under section 1 of the Sherman Act. In so holding,
the Court understated the significance of consciously parallel
behavior as evidence of agreement and left little or no room
for tacit agreements in the meaning of ``contract, combination
in the form of trust or otherwise, or conspiracy''.
(4) Section 5 of this Act rejects the Twombly Court's
cramped reading of the Sherman Act's language, clarifies that
the words ``contract, combination in the form of trust or
otherwise, or conspiracy'' encompass tacit agreements, and
specifies the standards for pleading and proving a contract,
combination in the form of trust or otherwise, or conspiracy
under sections 1 and 3(a) of the Sherman Act.
SEC. 4. CONSCIOUSLY PARALLEL PRICING COORDINATION.
(a) Definitions.--
(1) The term ``consciously parallel pricing coordination''
means a tacit agreement among two or more persons to raise,
lower, change, maintain, or manipulate pricing for the purchase
or sale of reasonably interchangeable products or services.
(2) The term ``person'' has the meaning given the term in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)).
(b) Consciously Parallel Pricing Coordination.--In a civil action,
including an action brought by the United States or by a State attorney
general, or by the Federal Trade Commission under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45), consciously parallel
pricing coordination is a ``contract, combination in the form of trust
or otherwise, or conspiracy, in restraint of trade or commerce'' under
sections 1 and 3(a) of the Sherman Act (15 U.S.C. 1, 3(a)).
(c) Prima Facie Case.--
(1) A claimant establishes a prima facie case of
consciously parallel pricing coordination by demonstrating that
two or more persons--
(A) engaged in substantially similar action, within
a substantially similar time period, with respect to
pricing for reasonably interchangeable products or
services; and
(B) had a substantially similar motivation to
coordinate their efforts to raise, lower, change,
maintain, or manipulate pricing for the purchase or
sale of reasonably interchangeable products or
services.
(2) A claimant asserting a claim of consciously parallel
pricing coordination in violation of section 1 or 3(a) of the
Sherman Act bears the burden of proving the prima facie case
described in paragraph (1) by a preponderance of evidence, at
which point the burden of production shifts to the defending
party as set forth in subsection (d).
(d) Burden of Rebutting Prima Facie Case.--The defending party
bears the burden of rebutting a prima facie case of consciously
parallel pricing coordination by producing evidence, sufficient to
raise a genuine dispute of material fact, that the defending party's
action described in paragraph (1)(A) of subsection (c) was motivated by
business judgment that is economically rational in the absence of any
consciously parallel pricing coordination. Evidence of this nature may
include, but is not limited to, evidence that the defending party acted
rationally in response to or in anticipation of changing conditions
affecting the market for or the marketability of the products or
services concerned.
(e) Ultimate Burden.--If the defending party rebuts the prima facie
case, the burden shifts back to the claimant to prove, by a
preponderance of the evidence, that the defending party entered a tacit
agreement among two or more persons to raise, lower, change, maintain,
or manipulate pricing for the purchase or sale of reasonably
interchangeable products or services. The claimant may do so by means
that include, but are not limited to, proving that--
(1) the business judgment described in subsection (d) was
not--
(A) economically rational in the absence of
consciously parallel pricing coordination; or
(B) the predominant motivating factor for the
defending party's action described in paragraph (1)(A)
of subsection (c);
(2) the defending party, knowing that coordinated action to
raise, lower, change, maintain, or manipulate pricing for the
purchase or sale of reasonably interchangeable products or
services was contemplated and invited by a competitor, adhered
to the scheme and participated in it; or
(3) based on circumstantial evidence implying a traditional
conspiracy, it is more likely than not that the defending party
entered an agreement among two or more persons to raise, lower,
change, maintain, or manipulate pricing for the purchase or
sale of reasonably interchangeable products or services.
(f) Affirmative Defense.--It is an affirmative defense to a claim
of consciously parallel pricing coordination, on which the defending
party bears the burden of proof by a preponderance of the evidence,
that any affirmative defense to price fixing applies.
SEC. 5. CLARIFYING THE MEANING OF CONTRACT, COMBINATION IN THE FORM OF
TRUST OR OTHERWISE, OR CONSPIRACY.
(a) Meaning of Contract, Combination in the Form of Trust or
Otherwise, or Conspiracy.--A tacit agreement is a form of ``contract,
combination in the form of trust or otherwise, or conspiracy'' under
sections 1 and 3(a) of the Sherman Act (15 U.S.C. 1, 3(a)).
(b) Standards of Pleading and Proof.--In a civil action, including
an action brought by the United States or by a State attorney general,
or by the Federal Trade Commission under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45)--
(1) a complaint--
(A) plausibly pleads a ``contract, combination in
the form of trust or otherwise, or conspiracy'' under
sections 1 and 3(a) of the Sherman Act if the complaint
contains factual allegations, which may consist of
allegations of consciously parallel conduct,
demonstrating that the existence of the alleged
contract, combination in the form of trust or
otherwise, or conspiracy is among the realm of
plausible possibilities; and
(B) need not allege facts tending to exclude the
possibility of independent action to plausibly plead
the existence of a ``contract, combination in the form
of trust or otherwise, or conspiracy'' under sections 1
and 3(a) of the Sherman Act; and
(2) a claimant--
(A) demonstrates a genuine dispute of material fact
that a defending party entered a ``contract,
combination in the form of trust or otherwise, or
conspiracy'' under sections 1 and 3(a) of the Sherman
Act by offering evidence, which may be direct or
circumstantial, that is sufficient to allow a trier of
fact to reasonably conclude that the defending party
entered the contract, combination in the form of trust
or otherwise, or conspiracy; and
(B) need not offer evidence tending to exclude the
possibility of independent action to demonstrate a
genuine dispute of material fact that a defending party
entered a ``contract, combination in the form of trust
or otherwise, or conspiracy'' under sections 1 and 3(a)
of the Sherman Act; although, at trial, the trier of
fact may consider the existence or absence of evidence
tending to exclude the possibility of independent
action when determining whether a defending party
entered the contract, combination in the form of trust
or otherwise, or conspiracy.
<all>
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118HR2783 | AANAPISI Opportunity Act | [
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[From the U.S. Government Publishing Office]
[H.R. 2783 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2783
To establish an integrated research, education, and extension
competitive grant program and scholarship grant program for certain
Asian American Native American Pacific Islander-serving agricultural
institutions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Sablan (for himself, Ms. Tokuda, Mrs. Radewagen, Ms. Chu, Mr.
Moylan, and Mr. Case) introduced the following bill; which was referred
to the Committee on Agriculture
_______________________________________________________________________
A BILL
To establish an integrated research, education, and extension
competitive grant program and scholarship grant program for certain
Asian American Native American Pacific Islander-serving agricultural
institutions, 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 ``AANAPISI Opportunity Act''.
SEC. 2. GRANT PROGRAMS SUPPORTING CERTAIN ASIAN AMERICAN NATIVE
AMERICAN PACIFIC ISLANDER-SERVING AGRICULTURAL
INSTITUTIONS.
(a) Integrated Research, Education, and Extension Competitive
Grants Program Established.--
(1) Competitive grants authorized.--Subject to the
availability of appropriations to carry out this section, the
Secretary may award grants to covered institutions on a
competitive basis for integrated agricultural research,
education, and extension projects in accordance with this
subsection.
(2) Criteria for grants.--Grants under this subsection
shall be awarded to address priorities in United States
agriculture, as determined by the Secretary in consultation
with experts in Asian American Native American Pacific Islander
agricultural issues, that involve integrated research,
extension, and education activities.
(3) Matching funds requirement.--
(A) In general.--Subject to subparagraph (C), with
respect to a grant under this subsection that provides
a particular benefit to a priority area specified in
section 2(b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 3157(b)(2)),
the recipient of the grant shall provide non-Federal
matching funds (including funds from an agricultural
commodity promotion, research, and information program)
equal to 50 percent of the amount of the grant.
(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind
support.
(C) Waiver.--The Secretary may waive the matching
funds requirement under subparagraph (A) with respect
to a grant if the Secretary determines that--
(i) the results of the grant are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities
generally; or
(ii)(I) the grant--
(aa) the recipient is unable to
satisfy the matching funds requirement;
(bb) involves a minor commodity;
and
(cc) deals with scientifically
important research; and
(II) the recipient is unable to satisfy the
matching funds requirement.
(4) Term of grant.--A grant under this section shall have a
term of not more than 5 years.
(b) Scholarship Grant Program Established.--
(1) In general.--The Secretary shall make grants to each
covered institution for purposes of awarding scholarships to
individuals who--
(A) have been accepted for admission at such
covered institution;
(B) will be enrolled at such covered institution
not later than one year after the date of such
acceptance; and
(C) intend to pursue a career in agriculture,
including in the agricultural disciplines of business,
management, economics, engineering, mechanics,
production, technology, agronomy, crop science, animal
science, botany, food science, forestry, home
economics, nutrition, horticulture, natural resources
management, soil conservation, soil science, farm and
range management, non-medical biological sciences, pre-
veterinary medicine, computer science, and such other
disciplines as the Secretary determines appropriate.
(2) Condition.--The Secretary may only award a grant under
this subsection to a covered institution if the Secretary
determines that such covered institution has established a
competitive scholarship awards process for the award of
scholarships to individuals described in paragraph (1).
(c) Report.--Beginning on the date that is two years after the date
of the enactment of this Act, and every two years 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 detailing--
(1) the amount of funds provided to each covered
institution under subsections (a) and (b);
(2) the number of grants awarded under subsection (a) each
fiscal year and the amount of each such grant; and
(3) the number of scholarships awarded under each grant
under subsection (b) each fiscal year and the amount of each
such scholarship.
(d) Definitions.--In this section:
(1) Covered institution.--The term ``covered institution''
means a community college, college, or university--
(A) that has, at the time of an application for a
grant under this section, a student body consisting of
at least 10 percent Asian American Native American
Pacific Islander students; and
(B) that offers associate, bachelors, or other
accredited degree programs in agriculture-related
fields.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
<all>
</pre></body></html>
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118HR2784 | No Child Left Inside Act of 2023 | [
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[From the U.S. Government Publishing Office]
[H.R. 2784 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2784
To promote environmental literacy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Sarbanes (for himself, Ms. Brown, Ms. Pingree, Ms. Norton, Mrs.
Watson Coleman, and Mr. Ruppersberger) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To promote environmental literacy.
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 Child Left Inside Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hands-on experiences in nature help build stronger,
smarter, and happier children.
(2) Children and young adults are increasingly disconnected
from the natural world around them, spending less time outside
playing, exploring, and learning.
(3) Quality education for students includes regular
opportunities to make connections outside of the classroom.
(4) Environmental education, when integrated across the
curriculum, has positive impacts on the development of
important skills, such as critical thinking, problem solving,
and citizenship and leadership skills.
(5) Every student should have the opportunity to
participate in residential outdoor education programs or
comparable outdoor education programs.
(6) Outdoor and environmental education programs have been
shown to build critical thinking skills and leadership skills,
and can improve student attendance and retention rates.
(7) Colleges, universities, and higher education
associations play a critical role in cultivating the next
generation of scientists, engineers, educators, planners, and
business leaders for 21st century careers in the public and
private sectors.
(8) Environmental education, as part of the formal
prekindergarten through grade 12 school curriculum, has
positive impacts on student achievement in all subjects, and
especially in science, reading, mathematics, and social
studies, and improves critical thinking skills, enthusiasm for
learning, stewardship, and healthy lifestyles.
(9) The Partnership for 21st Century Learning identified
environmental literacy as one of the key interdisciplinary
themes critical to helping students to acquire the skills,
knowledge, and expertise necessary to succeed in work and life.
(10) The Programme for International Student Assessment
(PISA) rankings find that the United States is falling behind
other nations in preparing students with the educational tools
necessary to compete for the growing opportunities in the
sciences, including careers related to the environment, natural
resources, and energy.
(11) Forty-six States have developed, or are in the process
of developing, environmental literacy plans to effectively
integrate environmental education into the prekindergarten
through grade 12 curriculum and to ensure that students
graduate from high school environmentally literate.
(12) Support from the Department of Education is needed to
help State and local educational agencies, and the partners of
such agencies, implement environmental literacy plans and
advance State curriculum frameworks for environmental and
natural resource education that meets new State academic
content and student achievement standards.
(13) Federal science agencies, natural resource agencies,
and other agencies have important resources, including Federal
lands and laboratories, content experts, data, and programs,
that can inform and support State and local environmental
literacy policies and programming.
SEC. 3. ENVIRONMENTAL LITERACY.
Title IV (20 U.S.C. 7101 et seq.) of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``PART G--ENVIRONMENTAL LITERACY
``SEC. 4701. DEFINITIONS.
``In this part:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that includes a local
educational agency and not less than 1 of the following
partners:
``(A) A Federal, State, regional, or local
environmental or natural resource management agency, or
parks and recreation department, that has demonstrated
effectiveness, expertise, and experience in the field
of environmental literacy, including the professional
development of teachers.
``(B) A nonprofit organization that has
demonstrated effectiveness, expertise, and experience
in the field of environmental literacy, including the
professional development of teachers, such as--
``(i) museums, as defined in section 273 of
the Museum and Library Services Act (20 U.S.C.
9172);
``(ii) a teacher preparation program at an
institution of higher education;
``(iii) the environmental or life sciences
department of an institution of higher
education;
``(iv) another local educational agency, a
public charter school, a public elementary
school or secondary school, or a consortium of
such schools;
``(v) nature centers; or
``(vi) organizations with environmental
education programming.
``(2) Environmental literacy.--The term `environmental
literacy' means--
``(A) a fundamental understanding of ecological
principles, the systems of the natural world, the
relationships and interactions between natural and man-
made environments, and the skills to apply such
understanding in real-world settings; and
``(B) having the ability, both individually and
together with others, to make informed decisions
concerning the environment, having the will to act on
those decisions to improve the well-being of other
individuals, societies, and the global environment, and
participating in civic life.
``(3) Environmental literacy plan.--The term `environmental
literacy plan' means a plan developed, approved, or sponsored
by a State educational agency in consultation with State
environmental agencies, State environmental education
associations, and State natural resource agencies, and with
input from the public, that--
``(A) prepares students to understand ecological
principles, the systems of the natural world, and the
relationships and interactions between natural and man-
made environments, and to apply such knowledge in real-
world settings;
``(B) provides field and hands-on experiences as
part of the regular school curriculum and creates
programs that contribute to healthy lifestyles through
outdoor recreation and sound nutrition;
``(C) provides environmental service learning
opportunities;
``(D) provides targeted professional development
opportunities for teachers that improve--
``(i) environmental and natural resource
content knowledge of teachers;
``(ii) pedagogical skills in teaching about
the environment, including the use of--
``(I) interdisciplinary, field-
based, and research-based learning; and
``(II) science, technology,
engineering, and mathematics content
knowledge and tools; and
``(iii) the ability and confidence to use
school buildings and grounds as a context for
learning;
``(E) describes the measures the State will use to
assess the environmental literacy of students,
including--
``(i) relevant State academic content
standards and content areas regarding
environmental education, and courses or
subjects where environmental education
instruction will be integrated throughout the
prekindergarten through grade 12 curriculum;
and
``(ii) a description of the relationship of
the plan to the secondary school graduation
requirements of the State;
``(F) describes the outdoor learning spaces the
State makes available to local educational agencies;
``(G) describes how the State educational agency
will implement the plan, in partnership with
nongovernmental organizations, Federal agencies, State
environmental agencies, State environmental education
associations, State natural resource agencies, and
local educational agencies, including how the State
educational agency will secure funding and other
necessary support;
``(H) is periodically updated by the State
educational agency not less often than every 5 years;
``(I) utilizes school buildings and grounds as a
context for learning;
``(J) describes teacher professional development
needs; and
``(K) develops and describes a plan to adopt best
management practices for early childhood environmental
education, including guidelines for time outdoors,
outdoor space design, and learning context.
``(4) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A) with respect to which not less than 20
percent of the children served by the agency are
children from low-income families;
``(B) that serves not fewer than 10,000 children
from low-income families;
``(C) that meets the eligibility requirements for
funding under section 5211(b); or
``(D) that meets the eligibility requirements for
funding under section 5221(b).
``(5) High-need school.--The term `high-need school' means
a public elementary school or secondary school that is located
in an area in which the percentage of students from families
with incomes below the poverty line is 30 percent or more.
``(6) Outdoor school education program.--The term `outdoor
school education program' means a multi-day educational program
that delivers outdoor hands-on learning experiences, and that--
``(A) addresses community needs and contexts;
``(B) takes place in a residential or day program
setting;
``(C) provides field study opportunities for
students;
``(D) is integrated with local school curricula and
support students in meeting State standards; and
``(E) provides students with opportunities to
develop leadership, critical thinking, and problem-
solving skills.
``SEC. 4702. GRANTS FOR IMPLEMENTATION OF ENVIRONMENTAL LITERACY PLANS.
``(a) Program Authorized.--From amounts appropriated to carry out
this section, the Secretary shall award grants to States to enable the
States to award subgrants, on a competitive basis, to eligible
partnerships to support the implementation of the State environmental
literacy plan.
``(b) Application.--
``(1) In general.--A State that desires 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.
``(2) Contents.--Each application under this subsection
shall--
``(A) include the State's environmental literacy
plan and information on the status of implementation of
such plan;
``(B) describe how funds received under this
section will assist the State in furthering the
implementation of the State's environmental literacy
plan;
``(C) describe the process the State will use to
make subgrants to eligible partnerships; and
``(D) describe the process the State will use to
evaluate the impact of the activities assisted under
this section.
``(c) Peer Review.--The Secretary shall--
``(1) establish a peer review process to assist in the
review of grant applications under this section;
``(2) appoint individuals to the peer review process who--
``(A) are representative of parents, teachers,
State educational agencies, State environmental
agencies, State natural resource agencies, local
educational agencies, and nongovernmental
organizations; and
``(B) are familiar with national environmental
issues and the health and educational needs of
students; and
``(3) include, in the peer review process, appropriate
representatives from the Department of Commerce, the Department
of the Interior, the Department of Energy, the Environmental
Protection Agency, and other appropriate Federal agencies, to
provide environmental expertise and background for evaluation
of the State environmental literacy plan.
``(d) Administrative Expenses.--A State receiving a grant under
this section may use not more than 2.5 percent of the grant funds for
administrative expenses.
``(e) State Educational Agency Report.--
``(1) In general.--Each State receiving a grant under this
section shall prepare and submit an annual report to the
Secretary containing information about--
``(A) the implementation of the environmental
literacy plan; and
``(B) the grant activities supported under this
section.
``(2) Report requirements.--The report required by this
section shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation
activities; and
``(C) made readily available to the public.
``(f) Subgrants Authorized.--
``(1) Subgrants to eligible partnerships.--From amounts
made available to a State educational agency under subsection
(a), the State educational agency shall award subgrants, on a
competitive basis, to eligible partnerships serving the State,
to enable the eligible partnerships to carry out the authorized
activities described in subsection (h).
``(2) Duration.--The State educational agency shall award
each subgrant under this section for a period of not more than
3 years.
``(3) Priority.--In making subgrants under this section, a
State shall give priority to eligible partnerships that include
a high-need local educational agency.
``(4) Supplement, not supplant.--Funds provided to an
eligible partnership under this section shall be used to
supplement, and not supplant, funds that would otherwise be
used for activities authorized under this section.
``(g) Application Requirements.--
``(1) In general.--Each eligible partnership desiring a
subgrant under this section shall submit an application to the
State educational agency, at such time, in such manner, and
accompanied by such information as the State educational agency
may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of teacher professional
development needs with respect to the teaching and
learning of environmental content;
``(B) a description of how the eligible partnership
will utilize school facilities and grounds as tools for
teaching and learning of environmental content;
``(C) an explanation of how the activities to be
carried out by the eligible partnership are expected to
improve student academic achievement and strengthen the
quality of environmental instruction;
``(D) a description of how the activities to be
carried out by the eligible partnership--
``(i) will be aligned with challenging
State academic content standards and student
academic achievement standards under section
1111(b)(1) in environmental education, to the
extent such standards exist, and with the
State's environmental literacy plan; and
``(ii) will advance the teaching of
interdisciplinary courses that integrate the
study of natural, social, and economic systems,
and that include strong field components in
which students have the opportunity to directly
experience nature through outdoor environmental
learning;
``(E) a description of how the activities to be
carried out by the eligible partnership will ensure
that teachers are trained in the use of field-based or
service learning to enable the teachers--
``(i) to use the local environment and
community as a resource; and
``(ii) to improve student understanding of
the environment and increase academic
achievement;
``(F) a description of--
``(i) how the eligible partnership will
carry out the authorized activities described
in subsection (h); and
``(ii) the eligible partnership's
evaluation and accountability plan described in
subsection (i); and
``(G) a description of how the eligible partnership
will continue the activities funded under this section
after the grant period has expired.
``(h) Authorized Activities.--An eligible partnership shall use the
subgrant funds provided under this section for 1 or more of the
following activities related to elementary schools or secondary
schools:
``(1) Providing targeted, job-embedded professional
development opportunities for teachers that improve the
teachers' environmental content knowledge and pedagogical
skills in teaching about the environment, including in the use
of--
``(A) interdisciplinary, research-based, and field-
based learning; and
``(B) technology in the classroom.
``(2) Establishing and operating environmental education
summer workshops or institutes, including follow-up
professional development for elementary and secondary school
teachers, and preschool teachers, as appropriate, to improve
pedagogical skills and content knowledge for the teaching of
environmental education.
``(3) Developing or redesigning more rigorous environmental
education curricula that--
``(A) are aligned with challenging State academic
content standards in environmental education, to the
extent such standards exist, and with the State
environmental literacy plan; and
``(B) advance the teaching of interdisciplinary
courses that integrate the study of natural, social,
and economic systems and that include strong field
components.
``(4) Designing programs to prepare teachers at a school to
provide mentoring and professional development to other
teachers at such school to improve teacher environmental
education content knowledge and pedagogical skills.
``(5) Establishing and operating programs to bring teachers
and students into contact with working professionals in
environmental fields to deepen such teachers' knowledge of
environmental content and research practices.
``(6) Creating initiatives that seek to incorporate
environmental education within teacher training programs or
accreditation standards, consistent with the State
environmental literacy plan.
``(7) Promoting the integration of outdoor environmental
education lessons into the regular school curriculum and
schedule in order to further the knowledge and professional
development of teachers and help students directly experience
nature.
``(8) Creating or improving outdoor learning spaces on
school grounds.
``(i) Evaluation and Accountability Plan.--
``(1) In general.--Each eligible partnership receiving a
subgrant under this section shall develop an evaluation and
accountability plan for activities assisted under this section
that includes rigorous objectives that measure the impact of
such activities.
``(2) Contents.--The plan developed under paragraph (1)
shall include measurable objectives to increase the number of
teachers who participate in environmental education content-
based professional development activities.
``(j) Report by Eligible Partnerships.--Each eligible partnership
receiving a subgrant under this section shall report annually, for each
year of the subgrant, to the State educational agency regarding the
eligible partnership's progress in meeting the objectives described in
the accountability plan of the eligible partnership under subsection
(i).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2024 and each of the 4 succeeding fiscal years.
``SEC. 4703. OUTDOOR SCHOOL EDUCATION PILOT PROGRAM.
``(a) Grants Authorized.--From funds appropriated to carry out this
section, the Secretary shall make grants to eligible partnerships to
establish or expand outdoor school education programs.
``(b) Application.--
``(1) In general.--An eligible partnership that desires 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.
``(2) Contents.--Each application under this subsection
shall describe the outdoor school education program to be
carried out and how such program will--
``(A) improve student academic achievement as
defined in the State plan under section 1111(c);
``(B) promote the development of leadership skills;
``(C) increase student engagement in education;
``(D) improve critical thinking skills;
``(E) provide opportunities for civic engagement
and service learning;
``(F) address inequities of outdoor educational
opportunities for underserved children in the State;
and
``(G) improve student access to, and success in,
well-rounded educational experiences.
``(c) Priority.--The Secretary shall give priority to applicants
that propose to serve high-need schools.
``(d) Geographic Diversity.--In making awards under this section,
the Secretary shall ensure that grants are awarded to eligible
partnerships serving urban, rural, and suburban local educational
agencies.
``(e) Required Uses of Funds.--Eligible partnerships awarded grants
under this section shall use such funds for outdoor school education
programs that--
``(1) provide a residential, hands-on educational
experience, or an equivalent combination of classroom-based and
outdoor educational experience, that reflects local community
needs and contexts, featuring field study opportunities for
students, which may include learning about--
``(A) soil, water, plants, and animals;
``(B) the role of natural resources industries,
including timber, agriculture, fisheries, and others,
in the economy of the State;
``(C) the interrelationship of nature, natural
resources, economic development, and career
opportunities in the State; and
``(D) the importance of the State's environmental
and natural resources;
``(2) are integrated with local school curricula in a
manner that assists students in meeting State standards related
to science, technology, engineering, and mathematics, and
international standards related to science;
``(3) provide students with opportunities to develop
leadership, critical thinking, and decisionmaking skills;
``(4) provide students with opportunities to learn about
the interdependence of urban and rural areas; and
``(5) provide professional development for educators to
effectively implement outdoor school education programs.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2024 and each of the 4 succeeding fiscal years.
``SEC. 4704. REPORT TO CONGRESS.
``Not later than 2 years after the date of enactment of the No
Child Left Inside Act of 2023 and every 2 years thereafter, the
Secretary shall submit a report to Congress that--
``(1) describes the programs assisted under this part;
``(2) documents the success of such programs in improving
national and State environmental education capacity; and
``(3) makes such recommendations as the Secretary
determines appropriate for the continuation and improvement of
the programs assisted under this part.''.
SEC. 4. CONFORMING AMENDMENT.
The table of contents in section 2 is amended by inserting after
the item relating to section 4644 the following:
``PART G--Environmental Literacy
``Sec. 4701. Definitions.
``Sec. 4702. Grants for implementation of environmental literacy plans.
``Sec. 4703. Outdoor school education pilot program.
``Sec. 4704. Report to Congress.''.
SEC. 5. AVAILABILITY OF OTHER ENVIRONMENTAL LITERACY INFORMATION.
(a) Other Federal Agency Environmental Literacy Assistance
Programs.--The Secretary of Education shall request that all Federal
agencies provide information on any environmental literacy assistance
program operated, sponsored, or supported by such Federal agency,
including information about the application procedures, financial terms
and conditions, and other relevant information for each program, and
each Federal agency shall promptly respond to surveys or other requests
from the Secretary of Education for the information described in this
subsection.
(b) Public Information.--The Secretary of Education shall ensure
that not later than 90 days after the Secretary of Education receives
the information required under subsection (a), the eligibility
requirements, application procedures, financial terms and conditions,
and other relevant information for each environmental literacy
assistance program offered by another Federal agency are searchable and
accessible through the Department of Education's website and cross-
referenced with the United States Green Ribbon School application
information, in a manner that is simple and understandable for local
educational agencies and communities.
SEC. 6. FEDERAL INTERAGENCY COORDINATION ON ENVIRONMENTAL LITERACY.
(a) In General.--The Secretary of Education shall coordinate
environmental literacy activities between the Department of Education,
the Department of Agriculture, the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the Department of Commerce, the Department of Health and Human
Services, the National Science Foundation, the Institute of Museum and
Library Services, and the National Aeronautics and Space
Administration, including by carrying out the activities described in
subsection (b).
(b) Coordination Activities.--In coordinating environmental
literacy activities, the Secretary of Education shall--
(1) assess Federal environmental education programs, goals,
and budget items across agencies;
(2) assess environment-based science, technology,
engineering, and mathematics achievement to demonstrate that
learning about and in the environment is an effective strategy
for increasing engagement in learning and academic achievement
in science, technology, engineering, and mathematics subject
areas; and
(3) produce adaptable environmental literacy plan
guidelines and identify coordinated resources across Federal
agencies that States and local educational agencies can follow
as States and local educational agencies work to develop
environmental literacy plans and programs of their own.
(c) Advisory Panel.--The Secretary of Education shall appoint an
advisory panel of stakeholders, including representatives from State
educational agencies, local educational agencies, businesses, and
nonprofit organizations that are engaged in local environmental
literacy efforts representing the geographic, economic, and cultural
diversity of the United States, who shall meet quarterly to advise and
support interagency planning and assessment regarding environmental
literacy activities.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary of
Education, the Administrator of the Environmental Protection Agency,
the Secretary of the Interior, and the Secretary of Commerce shall
prepare and submit a joint report to Congress containing information
about the coordination of environmental literacy activities between
Federal agencies.
<all>
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118HR2785 | REEF Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2785 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2785
To permanently exempt payments made from the Railroad Unemployment
Insurance Account from sequestration under the Balanced Budget and
Emergency Deficit Control Act of 1985.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Schakowsky (for herself, Mr. Fitzpatrick, Mr. Larsen of Washington,
Mr. Bacon, Mr. Garcia of Illinois, and Mr. Stauber) introduced the
following bill; which was referred to the Committee on the Budget
_______________________________________________________________________
A BILL
To permanently exempt payments made from the Railroad Unemployment
Insurance Account from sequestration under the Balanced Budget and
Emergency Deficit Control Act of 1985.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Railroad Employee Equity and
Fairness Act'' or the ``REEF Act''.
SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE
ACCOUNT.
(a) Amendments.--Section 235 of the Continued Assistance to Rail
Workers Act of 2020 (subchapter III of title II of division N of Public
Law 116-260) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2); and
(B) by striking ``subsection (a)--'' and inserting
``subsection (a) shall take effect 7 days after the
date of enactment of the Continued Assistance to Rail
Workers Act of 2020.''; and
(2) by striking subsection (c).
(b) Applicability.--The amendments made by subsection (a) shall
apply as if enacted on the date before the date on which the national
emergency concerning the novel coronavirus disease (COVID-19) outbreak
declared by the President on March 13, 2020, under the National
Emergencies Act (50 U.S.C. 1601 et seq.) terminates.
<all>
</pre></body></html>
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118HR2786 | Climate Change Relief for Urban Areas Act of 2023 | [
[
"S001150",
"Rep. Schiff, Adam B. [D-CA-30]",
"sponsor"
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[
"B001300",
"Rep. Barragan, Nanette Diaz [D-CA-44]",
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[
"B001313",
"Rep. Brown, Shontel M. [D-OH-11]",
"cospo... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2786
To amend the Cooperative Forestry Assistance Act of 1978 to prioritize
urban and community forestry assistance for areas with low tree equity
scores, to establish a grant program to enhance public elementary and
secondary school rooftop gardens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Schiff (for himself, Ms. Barragan, Ms. Ocasio-Cortez, Ms. Brown,
Ms. Clarke of New York, Mr. Espaillat, Mr. Evans, Mr. Gomez, Mr.
Grijalva, Ms. Kamlager-Dove, Ms. Meng, Ms. Salinas, Ms. Sanchez, Ms.
Scanlon, Mr. Takano, and Mrs. Watson Coleman) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Education and the Workforce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Cooperative Forestry Assistance Act of 1978 to prioritize
urban and community forestry assistance for areas with low tree equity
scores, to establish a grant program to enhance public elementary and
secondary school rooftop gardens, 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 ``Climate Change Relief for Urban
Areas Act of 2023''.
SEC. 2. PRIORITIZATION OF URBAN AND COMMUNITY FORESTRY ASSISTANCE TO
AREAS WITH LOW TREE EQUITY SCORES.
Section 9 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2105) is amended--
(1) in subsection (c), by adding at the end the following:
``In carrying out this section, the Secretary shall give
priority to providing assistance to State foresters or
equivalent State officials serving areas with the lowest tree
equity scores, as determined by the Secretary'';
(2) in subsection (h)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period and
adding ``; and''; and
(C) by adding at the end the following:
``(4) the term `tree equity score' means a tree equity
score, as determined by the Secretary, that is--
``(A) either--
``(i) substantially similar to the tree
equity score established by American Forests
(or a successor tree equity score developed by
such conservation organization or other similar
organization); or
``(ii) a tree equity tool that the
Secretary determines is most appropriate for
the communities served by such tool; and
``(B) based on how the tree canopy and surface
temperature of an area align with income, employment,
race, age, and health factors of that area as
determined by consulting with community representatives
or community-based organizations.''; and
(3) in subsection (i), by striking ``fiscal years 1991
through 1995'' and inserting ``fiscal years 2023 through
2028''.
SEC. 3. PILOT GRANT PROGRAM TO PUBLIC ELEMENTARY AND SECONDARY SCHOOL
ROOFTOP GARDENS.
(a) Pilot Program Established.--The Secretary shall establish a
competitive grant program under which the Secretary shall make grants
to eligible entities to establish or expand rooftop gardens.
(b) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including the square feet of
the proposed rooftop garden (or expansion of such rooftop garden).
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to the eligible entities that have the lowest
garden equity score, as determined by the Secretary based on, with
respect to the area in which the eligible entity is located, the
population density, racial composition, incidence of respiratory
illness, number of urban gardens, food sovereignty, and average surface
temperature.
(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to carry out each of the
following:
(1) Assessing (including through architectural analysis) if
the area identified for purposes of establishing or expanding a
rooftop garden can support such garden or expansion and the
construction thereof.
(2) Applying for permits with respect to such rooftop
garden.
(3) Establishing a financial plan with respect to the
establishment or expansion of such rooftop garden.
(4) Designing a rooftop garden--
(A) of which at least 20 percent is comprised of
native plants, fruits, or vegetables;
(B) that does not include plants identified by the
State in which such garden is located as invasive
species;
(C) using best practices to reduce risk of
contaminants (such as using cleaning soil in raised
garden beds); and
(D) either--
(i) a strategy for increasing energy
efficiency and increasing the surface ability
of a building to reflect sunlight and absorb
less solar energy; or
(ii) if the strategy in clause (i) is not
feasible, a strategy to increase habitat and
food availability for pollinators, manage
rainwater, or provide other benefits to the
community.
(5) Incorporating into the science curriculum of the
entity--
(A) an urban agriculture lesson plan; or
(B) a lesson plan on pollinator habitat, green
infrastructure for heat or stormwater management, or
remediation of soil and water contaminants by plants.
(e) Organic Requirement.--An eligible entity that receives a grant
under this section may only use organic farming methods with respect to
a rooftop garden established or expanded by such grant.
(f) Routine Inspections.--
(1) In general.--The Secretary shall inspect each rooftop
garden for which a grant is awarded under this section once
each year.
(2) Contract authority.--The Secretary may enter into
contracts with appropriate entities to carry out the
inspections required under paragraph (1).
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
public elementary school or secondary school.
(2) 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).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2023 through 2028.
<all>
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118HR2787 | To amend the Consolidated Farm and Rural Development Act to modify provisions relating to rural decentralized water systems grants. | [
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"sponsor"
],
[
"R000575",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2787 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2787
To amend the Consolidated Farm and Rural Development Act to modify
provisions relating to rural decentralized water systems grants.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Sewell (for herself and Mr. Rogers of Alabama) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Consolidated Farm and Rural Development Act to modify
provisions relating to rural decentralized water systems grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RURAL DECENTRALIZED WATER SYSTEMS GRANT PROGRAM
MODIFICATIONS.
Section 306E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e) is amended--
(1) by striking the section designation and heading and all
that follows through the end of subsection (b)(1) and inserting
the following:
``SEC. 306E. GRANTS TO NONPROFIT ORGANIZATIONS MAKING LOANS AND
SUBGRANTS FOR CONSTRUCTION, REFURBISHING, AND SERVICING
OF INDIVIDUALLY OWNED HOUSEHOLD WATER WELL SYSTEMS AND
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS IN RURAL
AREAS.
``(a) Grants to Nonprofit Organizations.--The Secretary may provide
grants to private nonprofit organizations for the purpose of providing
subgrants and loans in accordance with subsection (b) to individuals
for the construction, refurbishing, and servicing of individual
household water well systems and individually owned household
decentralized wastewater systems in rural areas that are or will be
owned by the individuals.
``(b) Loans and Subgrants to Individuals.--
``(1) In general.--A nonprofit organization shall use grant
amounts received under subsection (a) to provide--
``(A) subgrants for use in accordance with this
section to individuals residing in the service area of
the nonprofit organization who are members of a
household with a combined income (for the most recent
12-month period for which the information is available)
that is less than 60 percent of the median
nonmetropolitan household income for the area,
according to the most recent decennial census; and
``(B) loans for use in accordance with this section
to individuals residing in the service area of the
nonprofit organization who are members of a household
with a combined income (for the most recent 12-month
period for which the information is available) that is
60 percent or more of the median nonmetropolitan
household income for the area, according to the most
recent decennial census.'';
(2) in subsection (b)--
(A) in paragraph (2)(B), by striking ``$15,000''
and inserting ``$20,000''; and
(B) by adding at the end the following:
``(5) Funding to cover cost of performance warranties.--A
subgrant provided to an individual under this subsection for an
individually owned household decentralized wastewater system
may include sufficient additional funding to cover the cost of
a performance warranty with a duration of at least 5 years.'';
and
(3) in subsection (d), by striking ``2023'' and inserting
``2028''.
<all>
</pre></body></html>
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118HR2788 | AIM Act | [
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[
... | <p><strong>American Investment in Manufacturing Act or the AIM Act</strong></p> <p>This bill makes permanent the allowance for depreciation, amortization, or depletion for purposes of determining the income limitation on the tax deduction for business interest.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2788 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2788
To amend the Internal Revenue Code of 1986 to permanently extend the
allowance for depreciation, amortization, or depletion for purposes of
determining the income limitation on the deduction for business
interest.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Smith of Nebraska (for himself, Mr. Morelle, Mr. Hern, and Mr.
Schneider) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to permanently extend the
allowance for depreciation, amortization, or depletion for purposes of
determining the income limitation on the deduction for business
interest.
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 Investment in Manufacturing
Act'' or the ``AIM Act''.
SEC. 2. PERMANENT EXTENSION OF ALLOWANCE FOR DEPRECIATION,
AMORTIZATION, OR DEPLETION IN DETERMINING THE LIMITATION
ON BUSINESS INTEREST.
(a) In General.--Section 163(j)(8)(A)(v) of the Internal Revenue
Code of 1986 is amended by striking ``in the case of taxable years
beginning before January 1, 2022,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2021.
<all>
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118HR2789 | American Cooperation with Our Neighbors Act | [
[
"S001211",
"Rep. Stanton, Greg [D-AZ-4]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2789 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2789
To direct the Secretary of State to develop a strategy on efforts to
strengthen subnational cooperation between the United States and
Mexico, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Stanton introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of State to develop a strategy on efforts to
strengthen subnational cooperation between the United States and
Mexico, 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 ``American Cooperation with Our
Neighbors Act''.
SEC. 2. SUBNATIONAL COOPERATION STRATEGY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate a strategy on efforts to strengthen subnational cooperation
between the United States and Mexico for the purposes of--
(1) enhancing law enforcement cooperation at a subnational
level for the purpose of curbing fentanyl trafficking and other
synthetic opioids, including activities such as--
(A) bolstering technical assistance for law
enforcement agencies;
(B) carrying out exchange programs for the purposes
of professional development; and
(C) enhancing data sharing, as appropriate;
(2) bolstering subnational dialogue between local
governments, civil society, faith-based organizations, and
business community leaders and integrating issues faced by
local communities, including with respect to trafficking of
fentanyl and other synthetic opioids; and
(3) strengthening capacity building and provide resources
for border towns and organizations within those towns that
attempt to meet the needs of local communities.
(b) Update.--Not later than 2 years after the date of the
submission of the strategy under subsection (a), the President shall
submit to the congressional committees specified in subsection (a) an
update containing an assessment of the implementation and effectiveness
of the strategy, lessons learned from the past year with respect to the
strategy, and planned changes to the strategy.
(c) Form.--The strategy under subsection (a), and the update under
subsection (b), shall be submitted in unclassified form.
SEC. 3. LOW-EARTH ORBIT SATELLITE TECHNOLOGIES FEASIBILITY STUDY AND
REPORT.
(a) Feasibility Study.--The Secretary of State, in consultation
with the Secretary of Commerce, the Administrator of the United States
Agency for International Development, the Director of the United States
Trade and Development Agency, and the heads of other Federal agencies
as appropriate, shall conduct a feasibility study for the countries of
Mexico, Central America, and the Caribbean on the possibility of low-
Earth orbit satellites, high altitude platforms systems, or other
trusted space-based telecommunications technologies to--
(1) provide broadband connection to remote areas that lack
access to network service;
(2) provide mobile and internet services without the use of
untrusted telecommunications equipment or services; and
(3) provide uncensored internet access to the people of
such countries the governments of which use firewalls to
prevent their populations from freely accessing information.
(b) Report.--Not later than 180 days after the completion of the
feasibility study under subsection (a), the Secretary shall prepare and
submit to the Committee on Foreign Affairs of the House of
Representatives and Committee on Foreign Relations of the Senate a
report on the results of the feasibility study under subsection (a)
that includes an analysis of the--
(1) scalability of the implementation of the technologies
described in subsection (a);
(2) economic viability of using space-based technologies to
reach remote areas, including the cost of space-enabled
broadband service per newly connected person;
(3) feasibility of using such technologies to limit or
phase out the use of untrusted telecommunications equipment or
services; and
(4) capability of satellite internet technologies to
provide uncensored internet to people in countries where open
internet access is forbidden or curtailed.
SEC. 4. DEPARTMENT OF STATE REVIEW OF ACCESS TO FINANCE IN THE
COUNTRIES OF THE CARIBBEAN.
(a) Review.--The Secretary of State, in consultation with the
Secretary of Treasury, shall conduct a review to determine any steps,
balancing costs and benefits, that the Secretaries could take to expand
financial access to the countries of the Caribbean, including through a
review of--
(1) sanctions enforcement laws and compliance standards;
(2) reporting requirements pertaining to narcotics
trafficking and illicit finance thereof;
(3) possible expansion of embassies and consulates in the
region; and
(4) programming or lack thereof pertaining to access to
capital in the region.
(b) Report.--The Secretary shall submit to the appropriate
congressional committees a report on the findings of the Secretary
pertaining to the review under subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
<all>
</pre></body></html>
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118HR279 | Pharmacist Conscience Protection Act | [
[
"C001103",
"Rep. Carter, Earl L. \"Buddy\" [R-GA-1]",
"sponsor"
],
[
"H001086",
"Rep. Harshbarger, Diana [R-TN-1]",
"cosponsor"
],
[
"M001213",
"Rep. Moore, Blake D. [R-UT-1]",
"cosponsor"
],
[
"A000055",
"Rep. Aderholt, Robert B. [R-AL-4]",
"cosponsor"
... | <p><strong>Pharmacist Conscience Protection Act</strong></p> <p>This bill prohibits the federal government and federally funded entities from discriminating or otherwise taking adverse action against a pharmacist, pharmacy owner, or pharmacy technician who declines to store, fill prescriptions for, or make referrals for drugs that cause abortions (or that the individual provider believes in good faith cause abortions). Individuals or the Department of Justice may bring civil actions for violations of this bill.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 279 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 279
To amend the Public Health Service Act to prohibit governmental
discrimination against certain health care providers with certain
objections to abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Carter of Georgia (for himself, Mrs. Harshbarger, Mr. Moore of
Utah, Mr. Aderholt, Mr. Duncan, Mr. Balderson, Mr. Clyde, Mr. Ellzey,
Mr. Webster of Florida, Mr. Wenstrup, Mr. Williams of Texas, and Mr.
Feenstra) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to prohibit governmental
discrimination against certain health care providers with certain
objections to abortion.
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 ``Pharmacist Conscience Protection
Act''.
SEC. 2. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE
PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by inserting after section 245 the following:
``SEC. 245A. PROHIBITING DISCRIMINATION AGAINST CERTAIN HEALTH CARE
PROVIDERS WITH CERTAIN OBJECTIONS TO ABORTION.
``(a) In General.--Notwithstanding any other provision of law, the
Federal Government, and any person or entity that receives Federal
grants, contracts, or financial assistance, including any State or
local government, may not penalize, treat adversely, retaliate against,
or otherwise discriminate against a specified health care provider, or
take any action that has such effect, on the basis that the specified
health care provider does not or declines to store or fill a
prescription, or make a referral, for a drug that is approved by the
Food and Drug Administration to cause an abortion or that the specified
health care provider in good faith believes may be used to cause an
abortion.
``(b) Private Right of Action.--
``(1) In general.--A qualified party may, in a civil
action, obtain appropriate relief, including damages, with
regard to a violation of subsection (a) or threat made in
violation of subsection (a).
``(2) Qualified party.--The term `qualified party' means,
with respect to a violation of subsection (a) or threat made in
violation of such subsection--
``(A) the Attorney General of the United States; or
``(B) any person or entity adversely affected by
such violation or threat without regard to whether such
person or entity is a health care provider.
``(c) Definitions.--For purposes of this section:
``(1) Specified health care provider.--The term `specified
health care provider' includes a pharmacist, pharmacy
technician, pharmacy, or owner of a pharmacy that has an
objection to any abortion or all abortions on moral, religious,
conscience, or medical judgment grounds.
``(2) State or local government.--The term `State or local
government' includes every agency and other governmental unit
and subdivision of a State or local government.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia and includes Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Northern Mariana
Islands.
``(d) Rules of Construction.--Nothing in this section shall be
construed to--
``(1) require a specified health care provider to
prescribe, fill, refer, or stock any drugs or devices; or
``(2) limit any State or Federal laws equally or more
protective of conscience or religious freedom.''.
<all>
</pre></body></html>
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118HR2790 | Improving Capital Allocation for Newcomers Act of 2021 | [
[
"T000480",
"Rep. Timmons, William R. IV [R-SC-4]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2790 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2790
To amend the Investment Company Act of 1940 with respect to the
definition of qualifying venture capital funds, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Timmons introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Investment Company Act of 1940 with respect to the
definition of qualifying venture capital 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 ``Improving Capital Allocation for
Newcomers Act of 2021''.
SEC. 2. QUALIFYING VENTURE CAPITAL FUNDS.
Section 3(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-3(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``250 persons'' and inserting ``2,000 persons''; and
(2) in subparagraph (C)(i), by striking ``$10,000,000'' and
inserting ``$150,000,000''.
<all>
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