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118HR2791 | NBACC Authorization Act of 2023 | [
[
"T000483",
"Rep. Trone, David J. [D-MD-6]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2791 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2791
To designate a laboratory as the National Biodefense Analysis and
Countermeasures Center, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Trone introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To designate a laboratory as the National Biodefense Analysis and
Countermeasures Center, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Biodefense Analysis and
Countermeasures Center Authorization Act of 2023'' or the ``NBACC
Authorization Act of 2023''.
SEC. 2. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 324. NATIONAL BIODEFENSE ANALYSIS AND COUNTERMEASURES CENTER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant to the
authority under section 308(c)(2), which shall be the lead Federal
facility dedicated to defending the United States against biological
threats by--
``(1) understanding the risks posed by intentional,
accidental, and natural biological events; and
``(2) providing the operational capabilities to support the
investigation, prosecution, and prevention of biocrimes and
bioterrorism.
``(b) Laboratory Described.--The laboratory described in this
subsection may be a federally funded research and development center--
``(1) known, as of the date of enactment of this section,
as the National Biodefense Analysis and Countermeasures Center;
``(2) that may include--
``(A) the National Bioforensic Analysis Center,
which conducts technical analyses in support of Federal
law enforcement investigations; and
``(B) the National Biological Threat
Characterization Center, which conducts experiments and
studies to better understand biological vulnerabilities
and hazards; and
``(3) transferred to the Department pursuant to
subparagraphs (A), (D), and (F) of section 303(1) and section
303(2).
``(c) Laboratory Activities.--The National Biodefense Analysis and
Countermeasures Center shall--
``(1) conduct studies and experiments to better understand
current and future biological threats and hazards and
pandemics;
``(2) provide the scientific data required to assess
vulnerabilities, conduct risk assessments, and determine
potential impacts to guide the development of countermeasures;
``(3) conduct and facilitate the technical forensic
analysis and interpretation of materials recovered following a
biological attack, or in other law enforcement investigations
requiring evaluation of biological materials, in support of the
appropriate lead Federal agency;
``(4) coordinate with other national laboratories to
enhance research capabilities, share lessons learned, and
provide training more efficiently;
``(5) collaborate with the Homeland Security Enterprise, as
defined in section 2200, to plan and conduct research to
address gaps and needs in biodefense; and
``(6) carry out other such activities as the Secretary
determines appropriate.
``(d) Work for Others.--The National Biodefense Analysis and
Countermeasures Center shall engage in a continuously operating Work
for Others program to make the unique biocontainment and bioforensic
capabilities of the National Biodefense Analysis and Countermeasures
Center available to other Federal agencies.
``(e) Facility Repair and Routine Equipment Replacement.--The
National Biodefense Analysis and Countermeasures Center shall--
``(1) perform regularly scheduled and required maintenance
of laboratory infrastructure; and
``(2) procure mission-critical equipment and capability
upgrades.
``(f) Facility Mission Needs Assessment.--
``(1) In general.--To address capacity concerns and
accommodate future mission needs and advanced capabilities, the
Under Secretary for Science and Technology shall conduct a
mission needs assessment, to include scoping for potential
future needs or expansion, of the National Biodefense Analysis
and Countermeasures Center.
``(2) Submission.--Not later than 120 days after the date
of enactment of this section, the Under Secretary for Science
and Technology shall provide the assessment conducted under
paragraph (1) to--
``(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland
Security Appropriations of the Committee on
Appropriations of the Senate; and
``(B) the Committee on Homeland Security and the
Subcommittee on Homeland Security Appropriations of the
Committee on Appropriations of the House of
Representatives.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to support the activities of
the laboratory designated under this section.
``(h) Rule of Construction.--Nothing in this section may be
construed as affecting in any manner the authorities or
responsibilities of the Countering Weapons of Mass Destruction Office
of the Department.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 323 the following:
``Sec. 324. National Biodefense Analysis and Countermeasures Center.''.
<all>
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118HR2792 | Small Entity Update Act | [
[
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"sponsor"
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[
"H001047",
"Rep. Himes, James A. [D-CT-4]",
"cosponsor"
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[
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"Rep. Torres, Ritchie [D-NY-15]",
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[
"L000599"... | <p><b>Small Entity Update Act </b></p> <p>This bill requires the Securities and Exchange Commission (SEC) to report on and revise the definition of <i>small entity</i> every five years. Agencies are required to consider the impact of their rules on small entities under the Regulatory Flexibility Act. </p> <p>Under the bill, the SEC must provide specific and detailed recommendations to Congress on how the SEC can revise the definition of <i>small entity</i> to (1) align with specified statutory goals, including reducing unnecessary burdens on small entities; and (2) expand the number of entities covered. </p> <p>The SEC must also issue a proposed rule to implement these recommendations. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2792 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2792
To require the Securities and Exchange Commission to carry out a study
and rulemaking on the definition of the term ``small entity'' for
purposes of the securities laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mrs. Wagner introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Securities and Exchange Commission to carry out a study
and rulemaking on the definition of the term ``small entity'' for
purposes of the securities laws, 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 Entity Update Act''.
SEC. 2. STUDIES, REPORTS, AND RULES REGARDING SMALL ENTITIES.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Securities and
Exchange Commission;
(2) the term ``Committee'' means the Small Business Capital
Formation Advisory Committee established under section 40 of
the Securities Exchange Act of 1934 (15 U.S.C. 78qq);
(3) the term ``Office'' means the Office of the Advocate
for Small Business Capital Formation established under section
4(j) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(j));
and
(4) the term ``small entity''--
(A) has the meaning given the term in section 601
of title 5, United States Code, with respect to the
activities of the Commission; and
(B) includes any definition established by the
Commission of the term ``small business'', ``small
organization'', or ``small governmental jurisdiction''
under paragraph (3), (4), or (5), respectively, of
section 601 of title 5, United States Code, with
respect to the activities of the Commission.
(b) Studies and Reports.--Not later than 1 year after the date of
enactment of this Act, and once every 5 years thereafter, the
Commission shall--
(1) in consultation with the Committee, the Office, and the
Office of Advocacy of the Small Business Administration,
conduct a study of the definition of the term ``small entity''
with respect to the activities of the Commission for the
purposes of chapter 6 of title 5, United States Code, which
shall consider--
(A) the extent to which the definition of the term
``small entity'', as in effect during the period in
which the study is conducted, aligns with the findings
and declarations made under section 2(a) of the
Regulatory Flexibility Act (5 U.S.C. 601 note);
(B) the amount by which financial markets in the
United States have grown since the last time the
Commission amended the definition of the term ``small
entity'', if applicable; and
(C) how the Commission should define the term
``small entity'' to ensure that a meaningful number of
entities would fall under that definition; and
(2) submit to Congress a report that includes--
(A) the results of the applicable study conducted
under paragraph (1); and
(B) specific and detailed recommendations on the
ways in which the Commission could amend the definition
of the term ``small entity'' to--
(i) be consistent with the results
described in subparagraph (A); and
(ii) expand the number of entities covered
by such definition.
(c) Rulemaking.--
(1) Proposed rules.--Not later than 180 days after the date
on which the Commission submits to Congress a report required
under subsection (b)(2), the Commission shall issue a proposed
rule that implements the recommendations described in
subsection (b)(2)(B).
(2) Final rules.--Not later than 180 days after the date on
which the Commission publishes a proposed rule under paragraph
(1) in the Federal Register, the Commission shall issue a final
version of that rule.
<all>
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118HR2793 | Encouraging Public Offerings Act of 2023 | [
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"L0005... | <p><b>Encouraging Public Offerings Act of 2023</b></p> <p>This bill provides statutory authority for all issuers of securities to use certain offering procedures that are available to emerging growth companies.</p> <p>Specifically, the bill allows under statute issuers of securities to communicate with potential investors to ascertain interest in a contemplated securities offering, either before or after the filing of a registration statement (i.e., <em>test the waters</em>). </p> <p>Additionally, issuers are allowed under statute to submit a confidential draft registration statement to the Securities and Exchange Commission for review prior to public filing or within one year after the initial public offering or registration. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2793 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2793
To amend the Securities Act of 1933 to expand the ability to use
testing the waters and confidential draft registration submissions, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mrs. Wagner (for herself and Mr. Meeks) introduced the following bill;
which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Act of 1933 to expand the ability to use
testing the waters and confidential draft registration submissions, 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 ``Encouraging Public Offerings Act of
2023''.
SEC. 2. EXPANDING TESTING THE WATERS AND CONFIDENTIAL SUBMISSIONS.
The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended--
(1) in section 5(d) (15 U.S.C. 77e(d))--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Notwithstanding'';
(B) by striking ``an emerging growth company or any
person authorized to act on behalf of an emerging
growth company'' and inserting ``an issuer or any
person authorized to act on behalf of an issuer''; and
(C) by adding at the end the following:
``(2) Additional requirements.--
``(A) In general.--The Commission may promulgate
regulations, subject to public notice and comment, to
impose such other terms, conditions, or requirements on
the engaging in oral or written communications
described under paragraph (1) by an issuer other than
an emerging growth company as the Commission determines
appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall
submit to Congress a report containing a list of the
findings supporting the basis of the rulemaking.''; and
(2) in section 6(e) (15 U.S.C. 77f(e))--
(A) in the heading, by striking ``Emerging Growth
Companies'' and inserting ``Draft Registration
Statements'';
(B) by redesignating paragraph (2) as paragraph
(4); and
(C) by striking paragraph (1) and inserting the
following:
``(1) Prior to initial public offering.--Any issuer, prior
to its initial public offering date, may confidentially submit
to the Commission a draft registration statement, for
confidential nonpublic review by the staff of the Commission
prior to public filing, provided that the initial confidential
submission and all amendments thereto shall be publicly filed
with the Commission not later than 15 days before the date on
which the issuer conducts a road show, as defined in section
230.433(h) of title 17, Code of Federal Regulations, or, in the
absence of a road show, at least 15 days prior to the requested
effective date of the registration statement.
``(2) Within 1 year after initial public offering or
exchange registration.--Any issuer, within the 1-year period
following its initial public offering or its registration of a
security under section 12(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78l(b)), may confidentially submit to the
Commission a draft registration statement, for confidential
nonpublic review by the staff of the Commission prior to public
filing, provided that the initial confidential submission and
all amendments thereto shall be publicly filed with the
Commission not later than 15 days before the date on which the
issuer conducts a road show, as defined in section 230.433(h)
of title 17, Code of Federal Regulations, or, in the absence of
a road show, at least 15 days prior to the requested effective
date of the registration statement.
``(3) Additional requirements.--
``(A) In general.--The Commission may promulgate
regulations, subject to public notice and comment, to
impose such other terms, conditions, or requirements on
the submission of draft registration statements
described under this subsection by an issuer other than
an emerging growth company as the Commission determines
appropriate.
``(B) Report to congress.--Prior to any rulemaking
described under subparagraph (A), the Commission shall
submit to Congress a report containing a list of the
findings supporting the basis of the rulemaking.''.
<all>
</pre></body></html>
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118HR2794 | Border Reinforcement Act of 2023 | [
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"B00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2794
To secure the international borders of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Green of Tennessee (for himself, Mr. Higgins of Louisiana, Mr.
McCaul, Mr. Guest, Mr. Bishop of North Carolina, Mr. Gimenez, Mr.
Pfluger, Mr. Garbarino, Mr. LaLota, Mr. Ezell, Mr. D'Esposito, Mr.
Strong, Mr. Brecheen, Mr. Crane, Ms. Greene of Georgia, Mr. Tony
Gonzales of Texas, Mr. Luttrell, and Ms. Lee of Florida) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committees on Ways and Means, 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 secure the international borders 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border
Reinforcement 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. Border wall construction.
Sec. 4. Strengthening the requirements for barriers along the southern
border.
Sec. 5. Border and port security technology investment plan.
Sec. 6. Border security technology program management.
Sec. 7. U.S. Customs and Border Protection technology upgrades.
Sec. 8. U.S. Customs and Border Protection personnel.
Sec. 9. Anti-Border Corruption Act reauthorization.
Sec. 10. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of
CBP.
Sec. 11. Operation Stonegarden.
Sec. 12. Air and Marine Operations flight hours.
Sec. 13. Eradication of carrizo cane and salt cedar.
Sec. 14. Border patrol strategic plan.
Sec. 15. U.S. Customs and Border Protection spiritual readiness.
Sec. 16. Restrictions on funding.
Sec. 17. Collection of DNA and biometric information at the border.
Sec. 18. Eradication of narcotic drugs and formulating effective new
tools to address yearly losses of life;
ensuring timely updates to U.S. Customs and
Border Protection field manuals.
Sec. 19. Publication by U.S. Customs and Border Protection of
operational statistics.
Sec. 20. Alien criminal background checks.
Sec. 21. Prohibited identification documents at airport security
checkpoints; notification to immigration
agencies.
Sec. 22. Prohibition against any COVID-19 vaccine mandate or adverse
action against DHS employees.
Sec. 23. CBP One app limitation.
Sec. 24. Report on designation of Mexican cartels as foreign terrorist
organizations.
Sec. 25. GAO study on costs incurred by States to secure the southwest
border.
Sec. 26. Report by Inspector General of the Department of Homeland
Security.
Sec. 27. Offsetting authorizations of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 3. BORDER WALL CONSTRUCTION.
(a) In General.--
(1) Immediate resumption of border wall construction.--Not
later than seven days after the date of the enactment of this
section, the Secretary shall resume all activities related to
the construction of the border wall along the international
border between the United States and Mexico that were underway
or being planned for prior to January 20, 2021.
(2) Use of funds.--To carry out this section, the Secretary
shall expend all unexpired funds appropriated or explicitly
obligated for the construction of the border wall that were
appropriated or obligated, as the case may be, for use
beginning on October 1, 2019.
(3) Use of materials.--Any unused materials purchased
before the date of the enactment of this section for
construction of the border wall may be used for activities
related to the construction of the border wall in accordance
with paragraph (1).
(b) Plan To Complete Tactical Infrastructure and Technology.--Not
later than 90 days after the date of the enactment of this section and
annually thereafter until construction of the border wall has been
completed, the Secretary shall submit to the appropriate congressional
committees an implementation plan, including annual benchmarks for the
construction of 200 miles of such wall and associated cost estimates
for satisfying all requirements of the construction of the border wall,
including installation and deployment of tactical infrastructure,
technology, and other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds appropriated or
explicitly obligated, as the case may be, for use, as well as any
future funds appropriated or otherwise made available by Congress.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border wall.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, associated with a border wall.
SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN
BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the southwest border
to achieve situational awareness and operational control of the
southwest border and deter, impede, and detect unlawful activity.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in the heading, by striking ``fencing''
and inserting ``Barriers'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) Reinforced barriers.--In carrying out this
section, the Secretary of Homeland Security shall
construct a border wall, including physical barriers,
tactical infrastructure, and technology, along not
fewer than 900 miles of the southwest border until
situational awareness and operational control of the
southwest border is achieved.'';
(iii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--In carrying out this section, the
Secretary of Homeland Security shall deploy along the
southwest border the most practical and effective
physical barriers, tactical infrastructure, and
technology available for achieving situational
awareness and operational control of the southwest
border.'';
(iv) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall consult with the Secretary of the
Interior, the Secretary of Agriculture,
appropriate representatives of State, Tribal,
and local governments, and appropriate private
property owners in the United States to
minimize the impact on natural resources,
commerce, and sites of historical or cultural
significance for the communities and residents
located near the sites at which physical
barriers, tactical infrastructure, and
technology are to be constructed. Such
consultation may not delay such construction
for longer than seven days.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer to the
United States of the possession of
property or affect the validity of any
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
domain laws of the United States or of
any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(v) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers, tactical infrastructure, and
technology'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, testing,
constructing, installing, deploying, integrating, and operating
physical barriers, tactical infrastructure, or technology,
shall incorporate such safety features into such design, test,
construction, installation, deployment, integration, or
operation of such physical barriers, tactical infrastructure,
or technology, as the case may be, that the Secretary
determines are necessary to maximize the safety and
effectiveness of officers and agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall waive all legal
requirements necessary to ensure the expeditious design,
testing, construction, installation, deployment, integration,
operation, and maintenance of the physical barriers, tactical
infrastructure, and technology under this section. The
Secretary shall ensure the maintenance and effectiveness of
such physical barriers, tactical infrastructure, or technology.
Any such action by the Secretary shall be effective upon
publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Notification.--Not later than seven days after the
date on which the Secretary of Homeland Security exercises a
waiver pursuant to paragraph (1), the Secretary shall notify
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--In carrying out this section, the Secretary of
Homeland Security shall deploy along the southwest border the most
practical and effective technology available for achieving situational
awareness and operational control.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(3) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(4) Physical barriers.--The term `physical barriers'
includes reinforced fencing, the border wall, and levee walls.
``(5) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(6) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(7) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Tunnel detection systems and other seismic
technology.
``(I) Fiber-optic cable.
``(J) Other border detection, communication, and
surveillance technology.
``(8) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Commissioner, in consultation with
covered officials and border and port security technology stakeholders,
shall submit to the appropriate congressional committees a strategic 5-
year technology investment plan (in this section referred to as the
``plan''). The plan may include a classified annex, if appropriate.
(b) Contents of Plan.--The plan shall include the following:
(1) An analysis of security risks at and between ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at and between such ports of entry to be mitigated in
order to--
(A) prevent terrorists and instruments of terror
from entering the United States;
(B) combat and reduce cross-border criminal
activity, including--
(i) the transport of illegal goods, such as
illicit drugs; and
(ii) human smuggling and human trafficking;
and
(C) facilitate the flow of legal trade across the
southwest border.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by
crossing the northern or southern border of the United
States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions, to be listed in order of priority, to address the
security risks and capability gaps analyzed and identified
pursuant to paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of such
technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the acquisition
of security-related technologies pursuant to paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with the
private sector, small and disadvantaged businesses,
intragovernment entities, university centers of excellence, and
Federal laboratories to ensure CBP is able to engage with the
market for security-related technologies that are available to
satisfy its mission needs before engaging in an acquisition of
a security-related technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, required to protect security-
related technology from physical or cyber theft, diversion,
sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide to the private sector greater
predictability and transparency with respect to such
process, including information relating to the timeline
for testing and evaluation of security-related
technology.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern or
southern border of the United States, a strategy to consult
with the private sector and community stakeholders affected by
such removal.
(15) A strategy to consult with the private sector and
community stakeholders with respect to security impacts at a
port of entry described in paragraph (14).
(16) An identification of recent technological advancements
in the following:
(A) Manned aircraft sensor, communication, and
common operating picture technology.
(B) Unmanned aerial systems and related technology,
including counter-unmanned aerial system technology.
(C) Surveillance technology, including the
following:
(i) Mobile surveillance vehicles.
(ii) Associated electronics, including
cameras, sensor technology, and radar.
(iii) Tower-based surveillance technology.
(iv) Advanced unattended surveillance
sensors.
(v) Deployable, lighter-than-air, ground
surveillance equipment.
(D) Nonintrusive inspection technology, including
non-X-ray devices utilizing muon tomography and other
advanced detection technology.
(E) Tunnel detection technology.
(F) Communications equipment, including the
following:
(i) Radios.
(ii) Long-term evolution broadband.
(iii) Miniature satellites.
(c) Leveraging the Private Sector.--To the extent practicable, the
plan shall--
(1) leverage emerging technological capabilities, and
research and development trends, within the public and private
sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(d) Form.--To the extent practicable, the plan shall be published
in unclassified form on the website of the Department.
(e) Disclosure.--The plan shall include an identification of
individuals not employed by the Federal Government, and their
professional affiliations, who contributed to the development of the
plan.
(f) Update and Report.--Not later than the date that is two years
after the date on which the plan is submitted to the appropriate
congressional committees pursuant to subsection (a) and biennially
thereafter for ten years, the Commissioner shall submit to the
appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related
technology acquired by CBP since the initial submission
of the plan or most recent update of the plan, as the
case may be, is consistent with the planned technology
programs and projects described pursuant to subsection
(b)(5); and
(B) the type of contract and the reason for
acquiring each such security-related technology.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the
Department;
(B) the Under Secretary for Science and Technology
of the Department; and
(C) the Chief Information Officer of the
Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning provided such term in section 212(a)(9)(B)(ii)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)(ii)).
SEC. 6. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $100,000,000 (based on fiscal year 2023
constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall 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 plan for testing, evaluating, and using
independent verification and validation of resources relating to the
proposed acquisition of border security technology. Under such plan,
the proposed acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and audits to
ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 436 the following new item:
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
437 of the Homeland Security Act of 2002, as added by subsection (a).
SEC. 7. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure that each
CBP officer or agent, as appropriate, is equipped with a secure radio
or other two-way communication device that allows each such officer or
agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2025, the
Commissioner shall--
(A) fully implement the Border Security Deployment
Program of CBP; and
(B) expand the integrated surveillance and
intrusion detection system at land ports of entry along
the northern and southern borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000 for
fiscal years 2024 and 2025 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this section, the Commissioner shall upgrade
all existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2023 and 2024 to carry out paragraph (1).
SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Retention Bonus.--To carry out this section, there is
authorized to be appropriated up to $100,000,000 to the Commissioner to
provide a retention bonus to any front-line U.S. Border Patrol law
enforcement agent--
(1) whose position is equal to or below level GS-12 of the
General Schedule;
(2) who has five years or more of service with the U.S.
Border Patrol; and
(3) who commits to two years of additional service with the
U.S. Border Patrol upon acceptance of such bonus.
(b) Border Patrol Agents.--Not later than September 30, 2025, the
Commissioner shall hire, train, and assign a sufficient number of
Border Patrol agents to maintain an active duty presence of not fewer
than 22,000 full-time equivalent Border Patrol agents, who may not
perform the duties of processing coordinators.
(c) Prohibition Against Alien Travel.--No personnel or equipment of
Air and Marine Operations may be used for the transportation of non-
detained aliens, or detained aliens expected to be administratively
released upon arrival, from the southwest border to destinations within
the United States.
(d) GAO Report.--If the staffing level required under this section
is not achieved by the date associated with such level, the Comptroller
General of the United States shall--
(1) conduct a review of the reasons why such level was not
so achieved; and
(2) not later than September 30, 2027, publish on a
publicly available website of the Government Accountability
Office a report relating thereto.
SEC. 9. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Waiver Requirement.--Subject to subsection (c), the
Commissioner of U.S. Customs and Border Protection shall waive the
application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension; and
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; or
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to in subparagraph (B).
``(c) Termination of Waiver Requirement; Snap-Back.--The
requirement to issue a waiver under subsection (b) shall terminate if
the Commissioner of U.S. Customs and Border Protection (CBP) certifies
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate that CBP has met all requirements pursuant to section 8 of the
Border Reinforcement Act of 2023 relating to personnel levels. If at
any time after such certification personnel levels fall below such
requirements, the Commissioner shall waive the application of
subsection (a)(1) until such time as the Commissioner re-certifies to
such Committees that CBP has so met all such requirements.''.
(b) Supplemental Commissioner Authority; Reporting; Definitions.--
The Anti-Border Corruption Act of 2010 is amended by adding at the end
the following new sections:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver under
section 3(b) is not exempt from any other hiring requirements relating
to suitability for employment and eligibility to hold a national
security designated position, as determined by the Commissioner of U.S.
Customs and Border Protection.
``(b) Background Investigations.--An individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period, the following:
``(1) Information relating to the number of waivers granted
under such section 3(b).
``(2) Information relating to the percentage of applicants
who were hired after receiving such a waiver.
``(3) Information relating to the number of instances that
a polygraph was administered to an applicant who initially
received such a waiver and the results of such polygraph.
``(4) An assessment of the current impact of such waiver
authority on filling law enforcement positions at U.S. Customs
and Border Protection.
``(5) An identification of additional authorities needed by
U.S. Customs and Border Protection to better utilize such
waiver authority for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include the following:
``(1) An analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential applicants or employees for suitability for
employment or continued employment, as the case may be.
``(2) A recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer', as
such term is defined in section 8331(20) or 8401(17) of title
5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200, chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5',
with respect to background investigations, have the meaning
given such terms under the 2012 Federal Investigative
Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(c) Polygraph Examiners.--Not later than September 30, 2025, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
section.
SEC. 10. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner, in coordination with the Under
Secretary for Management, the Chief Human Capital Officer, and the
Chief Financial Officer of the Department, shall implement a workload
staffing model for each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model for the U.S. Border
Patrol, Air and Marine Operations, and the Office of Field
Operations that includes consideration for essential frontline
operator activities and functions, variations in operating
environments, present and planned infrastructure, present and
planned technology, and required operations support levels to
enable such entities to manage and assign personnel of such
entities to ensure field and support posts possess adequate
resources to carry out duties specified in this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling and
reporting of actual completed work hours and activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this section with respect to subsection (a)
and paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status update
on the following:
(A) The implementation of such subsection (a) and
such paragraphs (18) and (19).
(B) Each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information relating
to the data sources and methodology used to generate each
relevant staffing model.
(d) Inspector General Review.--Not later than 90 days after the
Commissioner develops the workload staffing models pursuant to
subsection (a), the Inspector General of the Department shall review
such models and provide feedback to the Secretary and the appropriate
congressional committees with respect to the degree to which such
models are responsive to the recommendations of the Inspector General,
including the following:
(1) Recommendations from the Inspector General's February
2019 audit.
(2) Any further recommendations to improve such models.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 11. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2010. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through State administrative
agencies, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency shall--
``(1) be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
``(2) be involved in an active, ongoing, U.S. Customs and
Border Protection operation coordinated through a U.S. Border
Patrol sector office; and
``(3) have an agreement in place with U.S. Immigration and
Customs Enforcement to support enforcement operations.
``(c) Permitted Uses.--A recipient of a grant under this section
may use such grant for costs associated with the following:
``(1) Equipment, including maintenance and sustainment.
``(2) Personnel, including overtime and backfill, in
support of enhanced border law enforcement activities.
``(3) Any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not fewer than
36 months.
``(e) Notification.--Upon denial of a grant to a law enforcement
agency, the Administrator shall provide written notice to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate, including
the reasoning for such denial.
``(f) Report.--For each of fiscal years 2024 through 2028 the
Administrator shall 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 that contains--
``(1) information on the expenditure of grants made under
this section by each grant recipient; and
``(2) recommendations for other uses of such grants to
further support eligible law enforcement agencies.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2024 through 2028
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, 2009, and 2010 to State,
local, and Tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2009 the following new item:
``Sec. 2010. Operation Stonegarden.''.
SEC. 12. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--Not later than 120
days after the date of enactment of this Act, The Secretary shall
ensure that not fewer than 110,000 annual flight hours are carried out
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination
with the Administrator of the Federal Aviation Administration, shall
ensure that Air and Marine Operations operate unmanned aircraft systems
on the southern border of the United States for not less than 24 hours
per day.
(c) Primary Missions.--The Commissioner shall ensure the following:
(1) The primary missions for Air and Marine Operations are
to directly support the following:
(A) U.S. Border Patrol activities along the borders
of the United States.
(B) Joint Interagency Task Force South and Joint
Task Force East operations in the transit zone.
(2) The Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
specified in paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall--
(1) ensure that U.S. Border Patrol Sector Chiefs identify
air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from such Sector Chiefs as a component of the primary mission
of Air and Marine Operations in accordance with subsection
(c)(1)(A).
(e) Contract Air Support Authorizations.--The Commissioner shall
contract for air support mission-critical hours to meet the requests
for such hours, as identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft by CBP for the purposes of the following:
(A) Meeting the unmet flight hour operational
requirements of the U.S. Border Patrol.
(B) Achieving situational awareness and operational
control of the borders of the United States.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the
Federal Aviation Administration to ensure the safe and
efficient operation of the national airspace system;
and
(B) with the Executive Assistant Commissioner for
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft
flying in the vicinity of small unmanned
aircraft operated by the U.S. Border Patrol;
and
(ii) establish a process to include data
from flight hours in the calculation of got
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aircraft (as
such term is defined in section 44801 of title 49,
United States Code) requirements pursuant to subsection
(f) of section 12 of the Border Reinforcement Act of
2023; and''.
(g) Savings Clause.--Nothing in this section may be construed as
conferring, transferring, or delegating to the Secretary, the
Commissioner, the Executive Assistant Commissioner for Air and Marine
Operations of CBP, or the Chief of the U.S. Border Patrol any authority
of the Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).
SEC. 13. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in coordination with the heads of
relevant Federal, State, and local agencies, shall hire contractors to
begin eradicating the carrizo cane plant and any salt cedar along the
Rio Grande River that impedes border security operations. Such
eradication shall be completed--
(1) by not later than September 30, 2027, except for
required maintenance; and
(2) in the most expeditious and cost-effective manner
possible to maintain clear fields of view.
(b) Application.--The waiver authority under subsection (c) of
section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended by section
4 of this Act, shall apply to activities carried out pursuant to
subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall 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 strategic
plan to eradicate all carrizo cane plant and salt cedar along the Rio
Grande River that impedes border security operations by not later than
September 30, 2027.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $7,000,000 for each of fiscal years 2024 through 2028 to
the Secretary to carry out this subsection.
SEC. 14. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this section and biennially thereafter, the Commissioner,
acting through the Chief of the U.S. Border Patrol, shall issue a
Border Patrol Strategic Plan (referred to in this section as the
``plan'') to enhance the security of the international borders of the
United States.
(b) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and any
other strategic document authored by the U.S. Border Patrol to
address security gaps between ports of entry, including efforts
to mitigate threats identified in such analyses, plans, and
documents.
(2) Information relating to the dissemination of
information relating to border security or border threats with
respect to the efforts of the Department and other appropriate
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aircraft;
(B) detect and prevent terrorists and instruments
of terrorism from entering the United States;
(C) detect, interdict, and disrupt between ports of
entry aliens unlawfully present in the United States;
(D) detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking, and other illicit
cross-border activity;
(E) focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United
States; and
(F) ensure that any new border security technology
can be operationally integrated with existing
technologies in use by the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of the
United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial, and
other Federal law enforcement agencies that have jurisdiction
on the borders of the United States.
(7) Information relating to border security information
received from the following:
(A) State, local, Tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the borders of the United States or in the maritime
environment.
(B) Border community stakeholders, including
representatives from the following:
(i) Border agricultural and ranching
organizations.
(ii) Business and civic organizations.
(iii) Hospitals and rural clinics within
150 miles of the borders of the United States.
(iv) Victims of crime committed by aliens
unlawfully present in the United States.
(v) Victims impacted by drugs,
transnational criminal organizations, cartels,
gangs, or other criminal activity.
(vi) Farmers, ranchers, and property owners
along the border.
(vii) Other individuals negatively impacted
by illegal immigration.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the borders
of the United States.
(10) An assessment of training programs, including such
programs relating to the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of CBP enforcement
authorities and appropriate use of force policies.
(C) Screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
SEC. 15. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL READINESS.
Not later than one year after the enactment of this Act and
annually thereafter, the Commissioner shall 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 on
the availability and usage of the assistance of chaplains, prayer
groups, houses of worship, and other spiritual resources for members of
CBP who identify as religiously affiliated and have attempted suicide,
have suicidal ideation, or are at risk of suicide, and metrics on the
impact such resources have in assisting religiously affiliated members
who have access to and utilize such resources compared to religiously
affiliated members who do not.
SEC. 16. RESTRICTIONS ON FUNDING.
(a) Arriving Aliens.--No funds are authorized to be appropriated to
the Department to process the entry into the United States of aliens
arriving in between ports of entry.
(b) Restriction on Nongovernmental Organization Support for
Unlawful Activity.--No funds are authorized to be appropriated to the
Department for disbursement to any nongovernmental organization that
facilitates or encourages unlawful activity, including unlawful entry,
human trafficking, human smuggling, drug trafficking, and drug
smuggling.
(c) Restriction on Nongovernmental Organization Support for
Aliens.--No funds are authorized to be appropriated to the Department
for disbursement to any nongovernmental organization that provides
services for aliens who are entering or have entered the United States,
whether at or between ports of entry.
SEC. 17. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE BORDER.
Not later than 14 days after the date of the enactment of this Act,
the Secretary shall ensure and certify to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate that CBP is fully
compliant with Federal DNA and biometric collection requirements at
United States land borders.
SEC. 18. ERADICATION OF NARCOTIC DRUGS AND FORMULATING EFFECTIVE NEW
TOOLS TO ADDRESS YEARLY LOSSES OF LIFE; ENSURING TIMELY
UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION FIELD
MANUALS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than triennially
thereafter, the Commissioner of U.S. Customs and Border Protection
shall review and update, as necessary, the current policies and manuals
of the Office of Field Operations related to inspections at ports of
entry, and the U.S. Border Patrol related to inspections between ports
of entry, to ensure the uniform implementation of inspection practices
that will effectively respond to technological and methodological
changes designed to disguise unlawful activity, such as the smuggling
of drugs and humans, along the border.
(b) Reporting Requirement.--Not later than 90 days after each
update required under subsection (a), the Commissioner of U.S. Customs
and Border Protection shall submit the Committee on Homeland Security
and the Committee on the Judiciary of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report that summarizes any
policy and manual changes pursuant to subsection (a).
SEC. 19. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION OF
OPERATIONAL STATISTICS.
(a) In General.--Not later than the seventh day of each month
beginning with the second full month after the date of the enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
publish on a publicly available website of the Department of Homeland
Security information relating to the total number of alien encounters
and nationalities, unique alien encounters and nationalities, gang
affiliated apprehensions and nationalities, drug seizures, alien
encounters included in the terrorist screening database and
nationalities, arrests of criminal aliens or individuals wanted by law
enforcement and nationalities, known got aways, encounters with
deceased aliens, and all other related or associated statistics
recorded by U.S. Customs and Border Protection during the immediately
preceding month. Each such publication shall include the following:
(1) The aggregate such number, and such number
disaggregated by geographic regions, of such recordings and
encounters, including specifications relating to whether such
recordings and encounters were at the southwest, northern, or
maritime border.
(2) An identification of the Office of Field Operations
field office, U.S. Border Patrol sector, or Air and Marine
Operations branch making each recording or encounter.
(3) Information relating to whether each recording or
encounter of an alien was of a single adult, an unaccompanied
alien child, or an individual in a family unit.
(4) Information relating to the processing disposition of
each alien recording or encounter.
(5) Information relating to the nationality of each alien
who is the subject of each recording or encounter.
(6) The total number of individuals included in the
terrorist screening database (as such term is defined in
section 2101 of the Homeland Security Act of 2002 (6 U.S.C.
621)) who have repeatedly attempted to cross unlawfully into
the United States.
(7) The total number of individuals included in the
terrorist screening database who have been apprehended,
including information relating to whether such individuals were
released into the United States or removed.
(b) Exceptions.--If the Commissioner of U.S. Customs and Border
Protection in any month does not publish the information required under
subsection (a), or does not publish such information by the date
specified in such subsection, the Commissioner shall brief the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
regarding the reason relating thereto, as the case may be, by not later
than the date that is two business days after the tenth day of such
month.
(c) Definitions.--In this section:
(1) Alien encounters.--The term ``alien encounters'' means
aliens apprehended, determined inadmissible, or processed for
removal by U.S. Customs and Border Protection.
(2) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a) of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
(3) Terrorist screening database.--The term ``terrorist
screening database'' has the meaning given such term in section
2101 of the Homeland Security Act of 2002 (6 U.S.C. 621).
(4) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given such term in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).
SEC. 20. ALIEN CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than seven days after the date of the
enactment of this Act, the Commissioner shall certify to the Committee
on Homeland Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate that CBP has
real-time access to the criminal history databases of all countries of
origin and transit for aliens encountered by CBP to perform criminal
history background checks for such aliens.
(b) Standards.--The certification required under subsection (a)
shall also include a determination whether the criminal history
databases of a country are accurate, up to date, digitized, searchable,
and otherwise meet the standards of the Federal Bureau of Investigation
for criminal history databases maintained by State and local
governments.
(c) Certification.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the Senate a
certification that each database referred to in subsection (b) which
the Secretary accessed or sought to access pursuant to this section met
the standards described in subsection (b).
SEC. 21. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY
CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid proof of
identification a prohibited identification document at an airport
security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer of the
Transportation Security Administration at an airport security
checkpoint, the Administrator shall promptly notify the Director of
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs
and Border Protection, and the head of the appropriate local law
enforcement agency to determine whether the individual is in violation
of any term of release from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator may not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a sterile
area if the individual--
(A) is leaving the United States for the purposes
of removal or deportation; or
(B) presents a covered identification document.
(d) Collection of Biometric Information From Certain Individuals
Seeking Entry Into the Sterile Area of an Airport.--Beginning not later
than 120 days after the date of the enactment of this Act, the
Administrator shall collect biometric information from an individual
described in subsection (e) prior to authorizing such individual to
enter into a sterile area.
(e) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(f) Participation in IDENT.--Beginning not later than 120 days
after the date of the enactment of this Act, the Administrator, in
coordination with the Secretary, shall submit biometric data collected
under this section to the Automated Biometric Identification System
(IDENT).
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face
for use with facial recognition technology; and
(ii) a photograph of any physical or
anatomical feature, such as a scar, skin mark,
or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
or registered traveler program of the Department of
Homeland Security, including--
(i) Global Entry;
(ii) Nexus;
(iii) Secure Electronic Network for
Travelers Rapid Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department
of Defense, including such a card issued to a
dependent.
(D) Any document required for admission to the
United States under section 211(a) of the Immigration
and Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a
federally recognized Indian Tribe.
(G) A personal identity verification credential
issued in accordance with Homeland Security
Presidential Directive 12.
(H) A driver's license issued by a province of
Canada.
(I) A Secure Certificate of Indian Status issued by
the Government of Canada.
(J) A Transportation Worker Identification
Credential.
(K) An Employment Authorization Document issued by
U.S. Citizenship and Immigration Services.
(L) A Merchant Mariner Credential issued by the
Coast Guard.
(M) A Veteran Health Identification Card issued by
the Department of Veterans Affairs.
(N) Any other document the Administrator
determines, pursuant to a rule making in accordance
with section 553 of title 5, United States Code, will
satisfy the identity verification procedures of the
Transportation Security Administration.
(4) Immigration laws.--The term ``immigration laws'' has
the meaning given that term in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(5) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form
I-200, Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form
I-205, Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form
I-220A, Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form
I-220B, Order of Supervision.
(E) Department of Homeland Security Form I-862,
Notice to Appear.
(F) U.S. Customs and Border Protection Form I-94,
Arrival/Departure Record (including a print-out of an
electronic record).
(G) Department of Homeland Security Form I-385,
Notice to Report.
(H) Any document that directs an individual to
report to the Department of Homeland Security.
(I) Any Department of Homeland Security work
authorization or employment verification document.
(6) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation.
SEC. 22. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR ADVERSE
ACTION AGAINST DHS EMPLOYEES.
(a) Limitation on Imposition of New Mandate.--The Secretary may not
issue any COVID-19 vaccine mandate unless Congress expressly authorizes
such a mandate.
(b) Prohibition on Adverse Action.--The Secretary may not take any
adverse action against a Department employee based solely on the
refusal of such employee to receive a vaccine for COVID-19.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall report to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate on the following:
(1) The number of Department employees who were terminated
or resigned due to the COVID-19 vaccine mandate.
(2) An estimate of the cost to reinstate such employees.
(3) How the Department would effectuate reinstatement of
such employees.
(d) Retention and Development of Unvaccinated Employees.--The
Secretary shall make every effort to retain Department employees who
are not vaccinated against COVID-19 and provide such employees with
professional development, promotion and leadership opportunities, and
consideration equal to that of their peers.
SEC. 23. CBP ONE APP LIMITATION.
(a) Limitation.--The Department may use the CBP One Mobile
Application or any other similar program, application, internet-based
portal, website, device, or initiative only for inspection of
perishable cargo.
(b) Report.--Not later than 60 days after the date of the enactment
of this section, the Commissioner shall report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate the date on
which CBP began using CBP One to allow aliens to schedule interviews at
land ports of entry, how many aliens have scheduled interviews at land
ports of entry using CBP One, the nationalities of such aliens, and the
stated final destinations of such aliens within the United States, if
any.
SEC. 24. REPORT ON DESIGNATION OF MEXICAN CARTELS AS FOREIGN TERRORIST
ORGANIZATIONS.
(a) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Secretary of State, shall submit to
the appropriate congressional committees a report on whether a
Mexican drug cartel described in paragraph (2) meets the
criteria for designation as foreign terrorist organization.
(2) Mexican drug cartels described.--The Mexican drug
cartels described in this paragraph include the following:
(A) Jalisco New Generation Cartel.
(B) Sinaloa Cartel.
(C) Juarez Cartel.
(D) Tijuana Cartel.
(E) Gulf Cartel.
(F) Los Zetas.
(G) Las Moicas.
(H) Los Caballeros Templarios.
(I) Beltran-Leyva Organization.
(J) Los Rojos.
(K) La Familia Michoacana.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the
Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization described in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(c) Rule of Construction.--Nothing in this section may be construed
to expand the eligibility for asylum of any alien by reason of the
designation of a drug cartel as a foreign terrorist organization.
SEC. 25. GAO STUDY ON COSTS INCURRED BY STATES TO SECURE THE SOUTHWEST
BORDER.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study to examine the costs incurred by individual
States as a result of actions taken by such States in support of the
Federal mission to secure the southwest border, and the feasibility of
a program to reimburse such States for such costs.
(b) Contents.--The study required under subsection (a) shall
include consideration of the following:
(1) Actions taken by the Department of Homeland Security
that have contributed to costs described in such subsection
incurred by States to secure the border in the absence of
Federal action, including the termination of the Migrant
Protection Protocols and cancellation of border wall
construction.
(2) Actions taken by individual States along the southwest
border to secure their borders, and the costs associated with
such actions.
(3) The feasibility of a program within the Department of
Homeland Security to reimburse States for the costs incurred in
support of the Federal mission to secure the southwest border.
SEC. 26. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF HOMELAND
SECURITY.
(a) Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years, the
Inspector General of the Department of Homeland Security shall 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 examining the economic and security impact of mass
migration to municipalities and States along the southwest border. Such
report shall include information regarding costs incurred by the
following:
(1) State and local law enforcement to secure the southwest
border.
(2) Public school districts to educate students who are
aliens unlawfully present in the United States.
(3) Healthcare providers to provide care to aliens
unlawfully present in the United States who have not paid for
such care.
(4) Farmers and ranchers due to migration impacts to their
properties.
(b) Consultation.--To produce the report required under subsection
(a), the Inspector General of the Department of Homeland Security shall
consult with the individuals and representatives of the entities
described in paragraphs (1) through (4) of such subsection.
SEC. 27. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.
(a) Office of the Secretary and Emergency Management.--No funds are
authorized to be appropriated for the Alternatives to Detention Case
Management Pilot Program or the Office of the Immigration Detention
Ombudsman for the Office of the Secretary and Emergency Management of
the Department of Homeland Security.
(b) Management Directorate.--No funds are authorized to be
appropriated for electric vehicles or St. Elizabeth's campus
construction for the Management Directorate of the Department of
Homeland Security.
(c) Intelligence, Analysis, and Situational Awareness.--There is
authorized to be appropriated $216,000,000 for Intelligence, Analysis,
and Situational Awareness of the Department of Homeland Security.
(d) U.S. Customs and Border Protection.--No funds are authorized to
be appropriated for the Shelter Services Program for U.S. Customs and
Border Protection.
<all>
</pre></body></html>
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118HR2795 | Enhancing Multi-Class Share Disclosures Act | [
[
"M001137",
"Rep. Meeks, Gregory W. [D-NY-5]",
"sponsor"
]
] | <p><b>Enhancing Multi-Class Share Disclosures Act </b></p> <p>This bill requires issuers of securities with multi-class share structures to disclose certain information in any proxy solicitation or consent solicitation material. A multi-class share structure occurs when a company issues two or more classes of shares that have different voting rights. For example, a company may issue one class of shares with no or few voting rights for the public, and another class with more voting rights for company founders and executives. </p> <p>Under the bill, the issuer must disclose certain information about each director, director nominee, named executive officer, and each beneficial owner of securities with 5% or more of the total combined voting power of all classes of securities entitled to vote in the election of directors. Specifically, the issuer must disclose (1) the number of shares of all classes of securities entitled to vote in the election of directors beneficially owned by such person, and (2) the amount of voting power held by such person.</p> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2795 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2795
To amend the Securities Exchange Act of 1934 to require issuers with a
multi-class stock structure to make certain disclosures in any proxy or
consent solicitation material, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Meeks introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to require issuers with a
multi-class stock structure to make certain disclosures in any proxy or
consent solicitation material, 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 Multi-Class Share
Disclosures Act''.
SEC. 2. DISCLOSURE RELATING TO MULTI-CLASS SHARE STRUCTURES.
Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n)
is amended by adding at the end the following:
``(l) Disclosure for Issuers With Multi-Class Share Structures.--
``(1) Disclosure.--The Commission shall, by rule, require
each issuer with a multi-class share structure to disclose the
information described in paragraph (2) in any proxy or consent
solicitation material for an annual meeting of the shareholders
of the issuer, or any other filing as the Commission determines
appropriate.
``(2) Content.--A disclosure made under paragraph (1) shall
include, with respect to each person who is a director,
director nominee, or named executive officer of the issuer, or
who is the beneficial owner of securities with 5 percent or
more of the total combined voting power of all classes of
securities entitled to vote in the election of directors--
``(A) the number of shares of all classes of
securities entitled to vote in the election of
directors beneficially owned by such person, expressed
as a percentage of the total number of the outstanding
securities of the issuer entitled to vote in the
election of directors; and
``(B) the amount of voting power held by such
person, expressed as a percentage of the total combined
voting power of all classes of the securities of the
issuer entitled to vote in the election of directors.
``(3) Multi-class share structure.--In this subsection, the
term `multi-class share structure' means a capitalization
structure that contains 2 or more classes of securities that
have differing amounts of voting rights in the election of
directors.''.
<all>
</pre></body></html>
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118HR2796 | Promoting Opportunities for Non-Traditional Capital Formation Act | [
[
"W000187",
"Rep. Waters, Maxine [D-CA-43]",
"sponsor"
]
] | <p><strong>Promoting Opportunities for Non-Traditional Capital Formation Act</strong></p> <p>This bill expands the functions of the Securities and Exchange Commission's Office of the Advocate for Small Business Capital Formation.</p> <p>Specifically, the office must (1) provide educational resources and host events to promote capital-raising options for underrepresented small businesses, businesses in rural areas, and businesses affected by natural disasters; and (2) meet annually with representatives of state securities commissions to discuss opportunities for collaboration and coordination.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2796 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2796
To amend the Securities Exchange Act of 1934 to require the Advocate
for Small Business Capital Formation to provide educational resources
and host events to promote capital raising options for traditionally
underrepresented small businesses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Ms. Waters introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to require the Advocate
for Small Business Capital Formation to provide educational resources
and host events to promote capital raising options for traditionally
underrepresented small businesses, 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 ``Promoting Opportunities for Non-
Traditional Capital Formation Act''.
SEC. 2. PROMOTING CAPITAL RAISING OPTIONS FOR TRADITIONALLY
UNDERREPRESENTED SMALL BUSINESSES.
Section 4(j)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78d(j)(4)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and insert a semicolon; and
(3) by adding at the end the following:
``(I) provide educational resources and host events
to raise awareness of capital raising options for--
``(i) underrepresented small businesses,
including women-owned and minority-owned small
businesses;
``(ii) businesses located in rural areas;
and
``(iii) small businesses affected by
hurricanes or other natural disasters; and
``(J) at least annually, meet with representatives
of State securities commissions to discuss
opportunities for collaboration and coordination with
respect to efforts to assist small businesses and small
business investors.''.
<all>
</pre></body></html>
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118HR2797 | Equal Opportunity for All Investors Act of 2023 | [
[
"F000474",
"Rep. Flood, Mike [R-NE-1]",
"sponsor"
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"Rep. Nickel, Wiley [D-NC-13]",
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] | <p><strong>Equal Opportunity for All Investors Act of 2023</strong></p> <p>This bill expands who may be considered an accredited investor for purposes of participating in private offerings of securities. Certain unregistered securities may only be offered to accredited investors. </p> <p>Specifically, the bill allows an individual to qualify through an examination established by the Securities and Exchange Commission. The examination must</p> <ul> <li>be designed with an appropriate difficulty level such that an individual with financial sophistication or training would be unlikely to fail,</li> <li>include methods to determine competency in certain areas, and </li> <li>be administered by a registered national securities association and offered free of charge to the public. </li> </ul> <p>Currently, accredited investors must satisfy certain requirements indicating their reduced exposure to financial risk, including those related to income, net worth, or knowledge and experience.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2797 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2797
To amend the Securities Act of 1933 to require certification
examinations for accredited investors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Flood (for himself and Mr. Nickel) introduced the following bill;
which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Act of 1933 to require certification
examinations for accredited investors, 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 ``Equal Opportunity for All Investors
Act of 2023''.
SEC. 2. CERTIFICATION EXAMINATIONS FOR ACCREDITED INVESTORS.
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''; and
(4) by adding at the end the following:
``(iii) any individual who is certified as
an accredited investor through an examination
that--
``(I) not later than 180 days after
the date of the enactment of this
clause, the criteria of which shall be
established by the Commission;
``(II) is designed with an
appropriate level of difficulty such
that an individual with financial
sophistication would be unlikely to
fail;
``(III) may include methods to
determine whether an individual seeking
to be certified as an accredited
investor demonstrates competency with
respect to--
``(aa) the different types
of securities;
``(bb) the disclosure
requirements under the
securities laws applicable to
issuers and private companies
as compared to public
companies;
``(cc) corporate
governance;
``(dd) financial statements
and the components of such
statements;
``(ee) aspects of
unregistered securities,
securities issued by private
companies, and investments into
private funds, including risks
associated with--
``(AA) limited
liquidity;
``(BB) limited
disclosures;
``(CC) variance in
valuation methods;
``(DD) information
asymmetry;
``(EE) leverage
risks;
``(FF)
concentration risk; and
``(GG) longer
investment horizons;
``(ff) potential conflicts
of interest, when the interests
of the financial professionals
and their clients are
misaligned or when their
professional responsibilities
are compromised by financial
motivations; and
``(gg) other criteria the
Commission determines necessary
or appropriate in the public
interest or for the protection
of investors; and
``(IV) beginning not later than 180
days after the date the examination is
established under subclause (I), shall
be administered, and offered free of
charge to the public, by a registered
national securities association under
section 15A of the Securities Exchange
Act of 1934 (15 U.S.C. 78o-3).
``(B) Examination defined.--In subparagraph
(A)(iii), the term `examination' includes any test,
certification, or examination program, the criteria of
which shall be established by the Commission, that
tests the understanding of any individual of aspects
related to investing in unregistered securities,
private companies, or private funds.''.
<all>
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118HR2798 | CFPB Transparency and Accountability Reform Act | [
[
"B001282",
"Rep. Barr, Andy [R-KY-6]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2798 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2798
To make reforms to the Bureau of Consumer Financial Protection, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Barr introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committees on
Oversight and Accountability, the Judiciary, and Small Business, 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 make reforms to the Bureau of Consumer Financial Protection, 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 ``CFPB Transparency
and Accountability Reform Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMISSION OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION ACT
Sec. 101. Short title.
Sec. 102. Making the Bureau an independent agency led by a commission.
Sec. 103. Deeming of name.
Sec. 104. Conforming amendments.
TITLE II--TABS ACT OF 2023
Sec. 201. Short title.
Sec. 202. Bringing the Bureau into the regular appropriations process.
TITLE III--CFPB-IG REFORM ACT OF 2023
Sec. 301. Short title.
Sec. 302. Appointment of Inspector General.
Sec. 303. Requirements for the Inspector General for the Bureau of
Consumer Financial Protection.
Sec. 304. Effective date.
TITLE IV--CFPB DUAL MANDATE AND ECONOMIC ANALYSIS ACT
Sec. 401. Short title.
Sec. 402. Purpose.
Sec. 403. Office of Economic Analysis.
TITLE V--TRANSPARENCY IN CFPB COST-BENEFIT ANALYSIS ACT
Sec. 501. Short title.
Sec. 502. Transparency in cost-benefit analysis.
TITLE VI--MAKING THE CFPB ACCOUNTABLE TO SMALL BUSINESSES ACT OF 2023
Sec. 601. Short title.
Sec. 602. Rulemaking under Dodd-Frank Wall Street Reform and Consumer
Protection Act.
Sec. 603. Initial regulatory flexibility analysis.
Sec. 604. Final regulatory flexibility analysis.
TITLE VII--CFPB WHISTLEBLOWER INCENTIVES AND PROTECTION ACT
Sec. 701. Short title.
Sec. 702. Bureau whistleblower incentives and protection.
Sec. 703. Amendment to the Consumer Financial Civil Penalty Fund.
TITLE I--COMMISSION OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION ACT
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Commission of the Bureau of Consumer
Financial Protection Act''
SEC. 102. MAKING THE BUREAU AN INDEPENDENT AGENCY LED BY A COMMISSION.
The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et
seq.) is amended--
(1) in section 1011--
(A) in subsection (a)--
(i) by striking ``in the Federal Reserve
System,''; and
(ii) by striking ``independent bureau'' and
inserting ``independent agency'';
(B) by striking subsections (b), (c), and (d);
(C) by redesignating subsection (e) as subsection
(j);
(D) in subsection (j), as so redesignated, by
striking ``, including in cities in which the Federal
reserve banks, or branches of such banks, are
located,''; and
(E) by inserting after subsection (a) the following
new subsections:
``(b) Authority To Prescribe Regulations.--The commission of the
Bureau may prescribe such regulations and issue such orders in
accordance with this title as the Bureau may determine to be necessary
for carrying out this title and all other laws within the Bureau's
jurisdiction and shall exercise any authorities granted under this
title and all other laws within the Bureau's jurisdiction.
``(c) Composition of the Commission.--
``(1) In general.--The management of the Bureau shall be
vested in a commission, which shall be composed of 5 members
who shall be appointed by the President, by and with the advice
and consent of the Senate, and at least 2 of whom shall have
private sector experience in the provision of consumer
financial products and services.
``(2) Staggering.--The members of the commission shall
serve staggered terms, which initially shall be established by
the President for terms of 1, 2, 3, 4, and 5 years,
respectively.
``(3) Terms.--
``(A) In general.--Except with respect to the
initial staggered terms described under paragraph (2),
each member of the commission, including the Chair,
shall serve for a term of 5 years.
``(B) Removal.--The President may remove any member
of the commission for inefficiency, neglect of duty, or
malfeasance in office.
``(C) Vacancies.--Any member of the commission
appointed to fill a vacancy occurring before the
expiration of the term to which that member's
predecessor was appointed (including the Chair) shall
be appointed only for the remainder of the term.
``(D) Continuation of service.--Each member of the
commission may continue to serve after the expiration
of the term of office to which that member was
appointed until a successor has been appointed by the
President and confirmed by the Senate, except that a
member may not continue to serve more than 1 year after
the date on which that member's term would otherwise
expire.
``(E) Other employment prohibited.--No member of
the commission shall engage in any other business,
vocation, or employment.
``(d) Affiliation.--Not more than 3 members of the commission shall
be members of any one political party.
``(e) Chair of the Commission.--
``(1) Initial chair.--The first member and Chair of the
commission shall be the individual serving as Director of the
Bureau of Consumer Financial Protection on the day before the
date of the enactment of this subsection. Such individual shall
serve until the President has appointed all 5 members of the
commission in accordance with subsection (c).
``(2) Subsequent chair.--Of the 5 members appointed in
accordance with subsection (c), the President shall appoint 1
member to serve as the subsequent Chair of the commission.
``(3) Authority.--The Chair shall be the principal
executive officer of the commission, and shall exercise all of
the executive and administrative functions of the commission,
including with respect to--
``(A) the appointment and supervision of personnel
employed under the commission (other than personnel
employed regularly and full time in the immediate
offices of members of the commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the commission; and
``(C) the use and expenditure of funds.
``(4) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection, the Chair
shall be governed by general policies of the commission and by
such regulatory decisions, findings, and determinations as the
commission may by law be authorized to make.
``(5) Requests or estimates related to appropriations.--
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the commission may not be submitted
by the Chair without the prior approval of the commission.
``(6) Designation.--The Chair shall be known as both the
`Chair of the commission' of the Bureau and the `Chair of the
Bureau'.
``(f) Initial Quorum Established.--For the 6 month period beginning
on the date of enactment of this subsection, the first member and Chair
of the commission described under subsection (e)(1) shall constitute a
quorum for the transaction of business until the President has
appointed all 5 members of the commission in accordance with subsection
(c). Following such appointment of 5 members, the quorum requirements
of subsection (g) shall apply.
``(g) No Impairment by Reason of Vacancies.--No vacancy in the
members of the commission after the establishment of an initial quorum
under subsection (f) shall impair the right of the remaining members of
the commission to exercise all the powers of the commission. Three
members of the commission shall constitute a quorum for the transaction
of business, except that if there are only 3 members serving on the
commission because of vacancies in the commission, 2 members of the
commission shall constitute a quorum for the transaction of business.
If there are only 2 members serving on the commission because of
vacancies in the commission, 2 members shall constitute a quorum for
the 6-month period beginning on the date of the vacancy which caused
the number of commission members to decline to 2.
``(h) Seal.--The Bureau shall have an official seal.
``(i) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 4 other members
of the commission shall each receive compensation at the rate
prescribed for level II of the Executive Schedule under section
5314 of title 5, United States Code.'';
(2) in section 1012(c), by striking paragraphs (2), (3),
(4), and (5); and
(3) in section 1014(b), by striking ``Not fewer than 6
members shall be appointed upon the recommendation of the
regional Federal Reserve Bank Presidents, on a rotating
basis.'' and inserting ``Not fewer than half of all members
shall have private sector experience in the provision of
consumer financial products and services.''.
SEC. 103. DEEMING OF NAME.
Any reference in a law, regulation, document, paper, or other
record of the United States to the Director of the Bureau of Consumer
Financial Protection, except in subsection (e)(1) of section 1011 of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491), as
added by this Act, shall be deemed a reference to the commission
leading and governing the Bureau of Consumer Financial Protection, as
described under section 1011 of the Consumer Financial Protection Act
of 2010.
SEC. 104. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--Except as provided under paragraph (2),
the Consumer Financial Protection of 2010 (12 U.S.C. 5481 et
seq.) is amended--
(A) by striking ``Director of the Bureau'' each
place such term appears, other than where such term is
used to refer to a Director other than the Director of
the Bureau of Consumer Financial Protection, and
inserting ``Bureau'';
(B) by striking ``Director'' each place such term
appears and inserting ``Bureau'', other than where such
term is used to refer to a Director other than the
Director of the Bureau of Consumer Financial
Protection; and
(C) in section 1002, by striking paragraph (10).
(2) Exceptions.--
(A) In general.--The Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481 et seq.) is amended--
(i) in section 1013(c)(3)--
(I) by striking ``Assistant
Director of the Bureau for'' and
inserting ``Head of the Office of'';
and
(II) in subparagraph (B), by
striking ``Assistant Director'' and
inserting ``Head of the Office'';
(ii) in section 1013(g)(2)--
(I) by striking ``Assistant
director'' and inserting ``Head of the
office''; and
(II) by striking ``an assistant
director'' and inserting ``a Head of
the Office of Financial Protection for
Older Americans'';
(iii) in section 1016(a), by striking
``Director of the Bureau'' and inserting
``Chair of the Bureau''; and
(iv) by striking section 1066.
(B) Clerical amendment.--The table of contents for
the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by striking the item relating
to section 1066.
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended--
(1) in section 111(b)(1)(D), by striking ``Director'' and
inserting ``Chair''; and
(2) in section 1447, by striking ``Director of the Bureau''
each place such term appears and inserting ``Chair of the
Bureau''.
(c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by
section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Bureau of Consumer Financial
Protection'' and inserting ``Chair of the Bureau of Consumer Financial
Protection''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086
of the Consumer Financial Protection Act of 2010, is amended by
striking ``Director of the Bureau'' each place such term appears and
inserting ``Bureau''.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' each place such term appears and inserting ``Chair of the
Bureau of Consumer Financial Protection''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Bureau of Consumer Financial
Protection''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act (20 U.S.C.
9702), as amended by section 1013(d)(5) of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director'' each place
such term appears and inserting ``Chair''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975 (12 U.S.C. 2806 et seq), as amended by
section 1094(6) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Bureau of Consumer Financial
Protection'' each place such term appears and inserting ``Bureau of
Consumer Financial Protection''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act (15 U.S.C. 1701 et seq), as amended by
section 1098A of the Consumer Financial Protection Act of 2010, is
amended--
(1) in section 1402--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (12) as
paragraphs (1) through (11), respectively;
(2) in section 1403(c)--
(A) by striking ``him'' and inserting ``the
Bureau''; and
(B) by striking ``he'' and inserting ``the
Bureau'';
(3) in section 1407--
(A) in subsection (c), by striking ``he'' and
inserting ``the Bureau''; and
(B) in subsection (e), by striking ``Director or
anyone designated by him'' and inserting ``Bureau'';
(4) in section 1411(a)--
(A) by striking ``his findings'' and inserting
``the findings of the Bureau''; and
(B) by striking ``his recommendation'' and
inserting ``the recommendation of the Bureau'';
(5) in section 1415--
(A) in subsection (a), by striking ``he may, in his
discretion,'' and inserting ``the Bureau may, in the
discretion of the Bureau,'';
(B) in subsection (b)--
(i) by striking ``in his discretion'' each
place such term appears and inserting ``in the
discretion of the Bureau'';
(ii) by striking ``he deems'' and inserting
``the Bureau determines''; and
(iii) by striking ``he may deem'' and
inserting ``the Bureau may determine''; and
(C) in subsection (c), by striking ``the Director,
or any officer designated by him,'' and inserting ``the
Bureau'';
(6) in section 1416(a)--
(A) by striking ``Director of the Bureau of
Consumer Financial Protection who may delegate any of
his'' and inserting ``Bureau of Consumer Financial
Protection, which may delegate any'';
(B) by striking ``his administrative'' and
inserting ``administrative''; and
(C) by striking ``himself'' and inserting ``the
commission of the Bureau'';
(7) in section 1418a(b)(4), by striking ``Secretary's
determination'' and inserting ``determination of the Bureau'';
and
(8) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as
amended by section 1450 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Bureau')''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101 et seq.), as amended by section
1100 of the Consumer Financial Protection Act of 2010, is amended--
(1) by striking ``Director'' each place such term appears
in headings and text and inserting ``Bureau of Consumer
Financial Protection''; and
(2) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Bureau of Consumer Financial Protection''.
TITLE II--TABS ACT OF 2023
SEC. 201. SHORT TITLE.
This title may be cited as the ``Taking Account of Bureaucrats'
Spending Act of 2023'' or the ``TABS Act of 2023''.
SEC. 202. BRINGING THE BUREAU INTO THE REGULAR APPROPRIATIONS PROCESS.
Section 1017 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5497) is amended--
(1) in subsection (a)--
(A) by amending the heading of such subsection to
read as follows: ``Budget, Financial Management, and
Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of
paragraph (1), as so redesignated;
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively; and
(4) in subsection (c), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and
inserting the following:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Bureau from unobligated amounts
contained in the Consumer Financial Civil Penalty Fund
$650,000,000 for fiscal year 2024 to carry out the authorities
of the Bureau.''; and
(B) by redesignating paragraph (4) as paragraph
(2).
TITLE III--CFPB-IG REFORM ACT OF 2023
SEC. 301. SHORT TITLE.
This title may be cited as the ``Bureau of Consumer Financial
Protection-Inspector General Reform Act of 2023'' or the ``CFPB-IG
Reform Act of 2023''.
SEC. 302. APPOINTMENT OF INSPECTOR GENERAL.
Chapter 4 of title 5, United States Code, is amended--
(1) in section 401--
(A) in paragraph (1), by inserting ``the Bureau of
Consumer Financial Protection,'' after ``the Export-
Import Bank of the United States,''; and
(B) in paragraph (3), by inserting ``the Chair of
the Bureau of Consumer Financial Protection;'' after
``the President of the Export-Import Bank of the United
States;''; and
(2) in section 415--
(A) in subsection (a)(1)(A), by striking ``and the
Bureau of Consumer Financial Protection'';
(B) in subsection (c), by striking ``For purposes
of implementing this section, the Chairman of the Board
of Governors of the Federal Reserve System shall
appoint the Inspector General of the Board of Governors
of the Federal Reserve System and the Bureau of
Consumer Financial Protection. The Inspector General of
the Board of Governors of the Federal Reserve System
and the Bureau of Consumer Financial Protection shall
have all of the authorities and responsibilities
provided by this Act with respect to the Bureau of
Consumer Financial Protection, as if the Bureau were
part of the Board of Governors of the Federal Reserve
System.''; and
(C) in subsection (g)(3), by striking ``and the
Bureau of Consumer Financial Protection''.
SEC. 303. REQUIREMENTS FOR THE INSPECTOR GENERAL FOR THE BUREAU OF
CONSUMER FINANCIAL PROTECTION.
(a) Establishment.--Section 1011 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5491), as amended by
section 102(1), is further amended by adding at the end the following:
``(k) Inspector General.--There is established the position of the
Inspector General.''.
(b) Hearings.--Section 1016 of such Act is amended by inserting
after subsection (c) the following:
``(d) Additional Requirement for Inspector General.--On a separate
occasion from that described in subsection (a), the Inspector General
of the Bureau shall appear before the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives at semiannual hearings regarding the
reports required under subsection (b) and the reports required under
section 405 of title 5, United States Code.''.
(c) Participation in the Council of Inspectors General on Financial
Oversight.--Section 989E(a)(1) of such Act is amended by adding at the
end the following:
``(J) The Bureau of Consumer Financial
Protection.''.
(d) Deadline for Appointment.--Not later than 60 days after the
date of the enactment of this Act, the President shall appoint an
Inspector General for the Bureau of Consumer Financial Protection in
accordance with section 403 of title 5, United States Code.
SEC. 304. EFFECTIVE DATE.
(a) In General.--The amendments made by this title shall take
effect on the date on which the first Inspector General of the Bureau
of Consumer Financial Protection is confirmed by the Senate.
(b) Appointment.--The President may appoint, and the Senate may
confirm, an Inspector General of the Bureau of Consumer Financial
Protection before the amendments made by this title take effect.
(c) Transition.--The Inspector General of the Board of Governors of
the Federal Reserve System and the Bureau of Consumer Financial
Protection shall, upon the date on which the first Inspector General of
the Bureau of Consumer Financial Protection is confirmed by the Senate,
become the Inspector General of the Board of Governors of the Federal
Reserve System.
TITLE IV--CFPB DUAL MANDATE AND ECONOMIC ANALYSIS ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``CFPB Dual Mandate and Economic
Analysis Act''.
SEC. 402. PURPOSE.
Section 1021(a) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5511(a)) is amended--
(1) by striking ``fair, transparent, and competitive'' and
inserting: ``fair and transparent''; and
(2) by adding at the end the following: ``In addition, the
Bureau shall seek to implement and, where applicable, enforce
Federal consumer financial law consistently for the purpose of
strengthening private sector participation in markets, without
Government interference or subsidies, to increase competition
and enhance consumer choice.''.
SEC. 403. OFFICE OF ECONOMIC ANALYSIS.
(a) In General.--Section 1013 of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5493) is amended by adding at the end the
following:
``(i) Office of Economic Analysis.--
``(1) Establishment.--The Bureau shall establish an Office
of Economic Analysis.
``(2) Review and assessment of proposed guidance, orders,
rules, and regulations.--The Office of Economic Analysis
shall--
``(A) review all proposed guidance, orders, rules,
and regulations of the Bureau, including carrying out
the determinations and assessments with respect to
notices of proposed rulemaking described under section
1022(b)(7);
``(B) assess the impact of such guidance, orders,
rules, and regulations on consumer choice, price, and
access to credit products; and
``(C) publish a report on such reviews and
assessments in the Federal Register.
``(3) Measuring existing guidance, orders, rules, and
regulations.--The Office of Economic Analysis shall--
``(A) review each guidance, order, rule, and
regulation issued by the Bureau after 1, 2, 5, and 10
years;
``(B) measure each such guidance, order, rule, or
regulation's success in solving the problem that the
guidance, order, rule, or regulation was intended to
solve when issued; and
``(C) publish a report on such review and
measurement in the Federal Register.''.
(b) Consideration of Review and Assessment; Rulemaking
Requirements.--Section 1022(b) of the Consumer Financial Protection Act
of 2010 (12 U.S.C. 5512(b)) is amended by adding at the end the
following:
``(5) Consideration of review and assessment by the office
of economic analysis.--
``(A) In general.--Before issuing any guidance,
order, rule, or regulation, the commissioners of the
Bureau shall consider the review and assessment of such
guidance, order, rule, or regulation carried out by the
Office of Economic Analysis.
``(B) Notice of disagreement.--If any commissioner
of the Bureau disagrees with any part of a review and
assessment described under subparagraph (A) with
respect to any guidance, order, rule, or regulation,
the commissioner shall accompany any such guidance,
order, rule, or regulation with a statement explaining
why the commissioner so disagrees.
``(6) Identification of problems and metrics for judging
success.--
``(A) In general.--The Bureau shall, in each
proposed rulemaking of the Bureau--
``(i) identify the problem that the
particular rule or regulations is seeking to
solve; and
``(ii) specify the metrics by which the
Bureau will measure the success of the rule or
regulation in solving such problem.
``(B) Required metrics.--The metrics specified
under subparagraph (A)(ii) shall include a measurement
of changes to consumer access to, and cost of, consumer
financial products and services.''.
TITLE V--TRANSPARENCY IN CFPB COST-BENEFIT ANALYSIS ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Transparency in CFPB Cost-Benefit
Analysis Act''.
SEC. 502. TRANSPARENCY IN COST-BENEFIT ANALYSIS.
Section 1022(b) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5512(b)), as amended by section 403, is further amended by
adding at the end the following:
``(7) Additional rulemaking requirements.--
``(A) In general.--Each notice of proposed
rulemaking issued by the Bureau shall be published in
its entirety in the Federal Register and shall
include--
``(i) a statement of the need for the
proposed regulation;
``(ii) an examination of why the Bureau
must undertake the proposed regulation and why
the private market, State, local, or tribal
authorities cannot adequately address the
problem;
``(iii) an examination by the Office of
Economic Analysis of whether the proposed
regulation is duplicative, inconsistent, or
incompatible with other Federal regulations and
orders;
``(iv) if the proposed regulation is found
by the Office of Economic Analysis to be
duplicative, inconsistent, or incompatible with
other Federal regulations and orders, a
discussion of--
``(I) why the proposed regulation
is justified;
``(II) how the proposed regulation
can coexist with the existing
regulations; and
``(III) how the Bureau plans to
reduce the regulatory burden associated
with the duplicative, inconsistent, or
incompatible proposed regulation;
``(v) a quantitative and qualitative
assessment by the Office of Economic Analysis
of all anticipated direct and indirect costs
and benefits of the proposed regulation,
including--
``(I) compliance costs for all
regulated entities, including small
businesses;
``(II) effects on economic
activity, efficiency, competition, and
capital formation;
``(III) regulatory and
administrative costs of implementation;
and
``(IV) costs imposed on State,
local, and tribal entities;
``(vi) an identification of reasonable
alternatives to the regulation, including
modification of an existing regulation;
``(vii) an analysis by the Office of
Economic Analysis of the costs and benefits,
both quantitative and qualitative, of any
alternative identified pursuant to clause (vi);
``(viii) if the Office of Economic Analysis
determines the proposed regulation would
increase costs for small businesses, then the
Bureau shall consult the Office of Advocacy
within the Small Business Administration to
determine ways to minimize the effect of direct
and indirect costs imposed on small businesses
by the proposed regulation;
``(ix) if the Office of Economic Analysis
determines that quantified net benefits of the
proposed action do not outweigh the quantified
net benefits of the alternatives, a
justification of the regulation;
``(x) if quantified benefits identified
pursuant to clause (v) by the Office of
Economic Analysis do not outweigh the
quantified costs of the regulation, a
justification of the regulation;
``(xi) an assessment by the Office of
Economic Analysis of how the burden imposed by
the regulation will be distributed, including
whether consumers or small businesses will be
disproportionately burdened; and
``(xii) when feasible, and using
appropriate statistical techniques, a
probability distribution prepared by the Office
of Economic Analysis of the relevant outcomes
of the proposed regulation.
``(B) Assumptions and studies used.--With respect
to the information required to be included under
subparagraph (A) in a notice of proposed rulemaking,
the Bureau shall include in such notice--
``(i) a discussion of underlying
assumptions used as a basis for such
information; and
``(ii) a description of any studies or data
used in preparing such information, and whether
such studies were peer-reviewed.''.
TITLE VI--MAKING THE CFPB ACCOUNTABLE TO SMALL BUSINESSES ACT OF 2023
SEC. 601. SHORT TITLE.
This title may be cited as the ``Making the CFPB Accountable to
Small Businesses Act of 2023''.
SEC. 602. RULEMAKING UNDER DODD-FRANK WALL STREET REFORM AND CONSUMER
PROTECTION ACT.
Section 1022(b)(2)(A) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5512(b)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the semicolon at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(iii) the impact of proposed rules on
small entities, in accordance with section 609
of title 5, United States Code;''.
SEC. 603. INITIAL REGULATORY FLEXIBILITY ANALYSIS.
Section 603(d)(1) of title 5, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) with respect to the Bureau of Consumer
Financial Protection, if the Bureau does not adopt any
alternatives described in paragraphs (1) through (4) of
subsection (c), a detailed justification of the
Bureau's determination that the relative size and
resources of small entities should have no bearing on
the rule, supported by factual, policy and legal
reasons.''.
SEC. 604. FINAL REGULATORY FLEXIBILITY ANALYSIS.
Section 604(a) of title 5, United States Code, is amended by
amending the second paragraph (6) to read as follows:
``(7) with respect to the Bureau of Consumer Financial
Protection, a description of the steps the Bureau has taken to
minimize any additional cost of credit for small entities and,
where no significant alternatives for small entities was
adopted, a detailed justification of the Bureau's determination
that the relative size and resources of small entities should
have no bearing on the rule, supported by factual, policy and
legal reasons.''.
TITLE VII--CFPB WHISTLEBLOWER INCENTIVES AND PROTECTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``CFPB Whistleblower Incentives and
Protection Act''.
SEC. 702. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended by inserting after section 1017 the
following:
``SEC. 1017A. WHISTLEBLOWER INCENTIVES AND PROTECTION.
``(a) Definitions.--In this section:
``(1) Administrative proceeding or court action.--The term
`administrative proceeding or court action' means any judicial
or administrative action brought by the Bureau that results in
monetary sanctions exceeding $1,000,000.
``(2) Fund.--The term `Fund' means the `Consumer Financial
Civil Penalty Fund' established under section 1017(b)(1).
``(3) Monetary sanctions.--The term `monetary sanctions',
when used with respect to any administrative proceeding or
court action means any monies, including penalties,
disgorgement, restitution, or interest, ordered to be paid or
other amounts of relief obtained under section 1055(a)(2).
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or
analysis of a whistleblower;
``(B) is not known to the Bureau from any other
source, unless the whistleblower is the original source
of the information;
``(C) is not exclusively derived from an allegation
made in a judicial or administrative hearing, in a
governmental report, hearing, or from the news media,
unless the whistleblower is a source of the
information; and
``(D) is not exclusively derived from an allegation
made in an audit, examination, or investigation.
``(5) Successful enforcement.--The term `successful
enforcement', when used with respect to any administrative
proceeding or court action, includes any settlement of such
action.
``(6) Whistleblower.--The term `whistleblower' means any
individual, or 2 or more individuals acting jointly, who
provides original information relating to a violation of
Federal consumer financial law, consistent with any rule issued
by the Bureau under this section.
``(b) Awards.--
``(1) In general.--In any administrative proceeding or
court action the Bureau, subject to rules prescribed by the
Bureau and subject to subsection (c), shall pay an award or
awards to 1 or more whistleblowers who voluntarily provided
original information that led to the successful enforcement of
the administrative proceeding or court action in an aggregate
amount equal to--
``(A) not less than the greater of--
``(i) 10 percent, in total, of monetary
sanctions imposed and collected in the
administrative proceeding or court action; or
``(ii) $50,000; and
``(B) not more than 30 percent, in total, of such
monetary sanctions.
``(2) Payment of awards.--Any amount paid under paragraph
(1) shall be paid from the Fund.
``(3) Award maximum.--Notwithstanding any other provision
in this section, the maximum award to any single whistleblower
is limited to $5,000,000.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the
percentage amount of an award made under subsection (b)
shall be in the discretion of the Bureau.
``(B) Criteria.--In determining the percentage
amount of an award made under subsection (b), the
Bureau shall take into consideration--
``(i) the significance of the information
provided by the whistleblower to the successful
enforcement of the administrative proceeding or
court action;
``(ii) the degree of assistance provided by
the whistleblower and any legal representative
of the whistleblower in an administrative
proceeding or court action;
``(iii) the programmatic interest of the
Bureau in deterring violations of Federal
consumer financial law (including applicable
rules) by making awards to whistleblowers who
provide information that leads to the
successful enforcement of such laws; and
``(iv) such additional relevant factors as
the Bureau may establish by rule.
``(2) Denial of award.--No award under subsection (b) may
be made--
``(A) to any whistleblower who is, or was at the
time the whistleblower acquired the original
information submitted to the Bureau, a member, officer,
or employee of an entity described in subclauses (I)
through (V) of subsection (h)(1)(C)(i);
``(B) to any whistleblower who is convicted of a
criminal violation related to the administrative
proceeding or court action for which the whistleblower
otherwise could receive an award under this section;
``(C) to any whistleblower who is found to be
liable for the conduct in the administrative proceeding
or court action, or a related action, for which the
whistleblower otherwise could receive an award under
this section;
``(D) to any whistleblower who planned and
initiated the conduct at issue in the administrative
proceeding or court action for which the whistleblower
otherwise could receive an award under this section;
``(E) to any whistleblower who submits information
to the Bureau that is based on the facts underlying the
administrative proceeding or court action previously
submitted by another whistleblower;
``(F) to any whistleblower who knowingly and
willfully makes any false, fictitious, or fraudulent
statement or representation, or who makes or uses any
false writing or document knowing the same to contain
any false, fictitious, or fraudulent statement or
entry; and
``(G) to any whistleblower who fails to submit
information to the Bureau in such form as the Bureau
may, by rule, require.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower who
makes a claim for an award under subsection (b) may be
represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who
anonymously makes a claim for an award under subsection
(b) shall be represented by counsel if the
whistleblower submits the information upon which the
claim is based.
``(B) Disclosure of identity.--Prior to the payment
of an award, a whistleblower shall disclose the
identity of the whistleblower and provide such other
information as the Bureau may require, directly or
through counsel of the whistleblower.
``(e) No Contract Necessary.--No contract or other agreement with
the Bureau is necessary for any whistleblower to receive an award under
subsection (b), unless otherwise required by the Bureau by rule.
``(f) Appeals.--Any determination made under this section,
including whether, to whom, or in what amount to make awards, shall be
in the discretion of the Bureau. Any such determination, except the
determination of the amount of an award if the award was made in
accordance with subsection (b), may be appealed to the appropriate
court of appeals of the United States not more than 30 days after the
determination is issued by the Bureau. The court shall review the
determination made by the Bureau in accordance with section 706 of
title 5, United States Code.
``(g) Reports to Congress.--Not later than October 30 of each year,
the Bureau shall transmit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report on the Bureau's whistleblower
award program under this section, including a description of the number
of awards granted and the types of cases in which awards were granted
during the preceding fiscal year.
``(h) Protection of Whistleblowers.--
``(1) Confidentiality.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the Bureau and any officer
or employee of the Bureau, may not disclose any
information, including information provided by a
whistleblower to the Bureau, which could reasonably be
expected to reveal the identity of a whistleblower,
except in accordance with the provisions of section
552a of title 5, United States Code, unless and until
required to be disclosed to a defendant or respondent
in connection with a public proceeding instituted by
the Bureau or any entity described in subparagraph (C).
For purposes of section 552 of title 5, United States
Code, this paragraph shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
``(B) Effect.--Nothing in this paragraph is
intended to limit the ability of the Attorney General
to present such evidence to a grand jury or to share
such evidence with potential witnesses or defendants in
the course of an ongoing criminal investigation.
``(C) Availability to government agencies.--
``(i) In general.--Without the loss of its
status as confidential in the hands of the
Bureau, all information referred to in
subparagraph (A) may, in the discretion of the
Bureau, when determined by the Bureau to be
necessary or appropriate, be made available
to--
``(I) the Department of Justice;
``(II) an appropriate department or
agency of the Federal Government,
acting within the scope of its
jurisdiction;
``(III) a State attorney general in
connection with any criminal
investigation;
``(IV) an appropriate department or
agency of any State, acting within the
scope of its jurisdiction; and
``(V) a foreign regulatory
authority.
``(ii) Maintenance of information.--Each of
the entities, agencies, or persons described in
clause (i) shall maintain information described
in that clause as confidential, in accordance
with the requirements in subparagraph (A).
``(2) Rights retained.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any
whistleblower under section 1057, any other Federal or State
law, or under any collective bargaining agreement.
``(i) Rulemaking Authority.--The Bureau shall have the authority to
issue such rules as may be necessary or appropriate to implement the
provisions of this section.
``(j) Original Information.--Information submitted to the Bureau by
a whistleblower in accordance with rules implementing this section
shall not lose its status as original information solely because the
whistleblower submitted such information prior to the effective date of
such rules, provided such information was submitted after the date of
enactment of this section.''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by inserting after the item relating to section 1017 the
following:
``Sec. 1017A. Whistleblower incentives and protection.''.
SEC. 703. AMENDMENT TO THE CONSUMER FINANCIAL CIVIL PENALTY FUND.
Subsection (b)(2) of section 1017 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5497), as redesignated by section
202(3), is further amended by striking ``under the Federal consumer
financial laws.'' and inserting ``under the Federal consumer financial
laws and for awards authorized under section 1017A.''.
<all>
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118HR2799 | Expanding Access to Capital Act of 2023 | [
[
"M001156",
"Rep. McHenry, Patrick T. [R-NC-10]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2799 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2799
To make reforms to the capital markets of the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. McHenry introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make reforms to the capital markets 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Expanding Access
to Capital Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--STRENGTHENING PUBLIC MARKETS
TITLE I--REMOVE ABERRATIONS IN THE MARKET CAP TEST FOR TARGET COMPANY
FINANCIAL STATEMENTS
Sec. 1101. Avoiding aberrational results in requirements for
acquisition and disposition financial
statements.
TITLE II--IMPROVING DISCLOSURE FOR INVESTORS
Sec. 1201. Short title.
Sec. 1202. Electronic delivery.
TITLE III--HELPING STARTUPS CONTINUE TO GROW
Sec. 1301. Short title.
Sec. 1302. Emerging growth company criteria.
TITLE IV--SEC AND PCAOB AUDITOR REQUIREMENTS FOR NEWLY PUBLIC COMPANIES
Sec. 1401. Auditor independence for certain past audits occurring
before an issuer is a public company.
TITLE V--EXPAND THE PROTECTION FOR RESEARCH REPORTS TO COVER ALL
SECURITIES OF ALL ISSUERS
Sec. 1501. Provision of research.
TITLE VI--CODIFY MIFID NO ACTION LETTER
Sec. 1601. Definition of investment adviser amended to exclude brokers
and dealers compensated for certain
research services.
TITLE VII--EXCLUDE QIBS AND IAAS FROM THE RECORD HOLDER COUNT FOR
MANDATORY REGISTRATION
Sec. 1701. Exclusions from mandatory registration threshold.
TITLE VIII--EXPAND WKSI ELIGIBILITY
Sec. 1801. Definition of well-known seasoned issuer.
TITLE IX--SMALLER REPORTING COMPANY, ACCELERATED FILER, AND LARGE
ACCELERATED FILER THRESHOLDS
Sec. 1901. Smaller reporting company, accelerated filer, and large
accelerated filer thresholds.
DIVISION B--HELPING SMALL BUSINESSES AND ENTREPRENEURS
TITLE I--UNLOCKING CAPITAL FOR SMALL BUSINESSES
Sec. 2101. Short title.
Sec. 2102. Safe harbors for private placement brokers and finders.
Sec. 2103. Limitations on State law.
TITLE II--SMALL BUSINESS INVESTOR CAPITAL ACCESS
Sec. 2201. Short title.
Sec. 2202. Inflation adjustment for the exemption threshold for certain
investment advisers of private funds.
TITLE III--IMPROVING CAPITAL ALLOCATION FOR NEWCOMERS
Sec. 2301. Short title.
Sec. 2302. Qualifying venture capital funds.
TITLE IV--SMALL ENTREPRENEURS' EMPOWERMENT AND DEVELOPMENT
Sec. 2401. Short title.
Sec. 2402. Micro-offering exemption.
TITLE V--REGULATION A+ IMPROVEMENT
Sec. 2501. Short title.
Sec. 2502. JOBS Act-related exemption.
TITLE VI--DEVELOPING AND EMPOWERING OUR ASPIRING LEADERS
Sec. 2601. Short title.
Sec. 2602. Definitions.
Sec. 2603. Reports.
TITLE VII--HELPING ANGELS LEAD OUR STARTUPS
Sec. 2701. Short title.
Sec. 2702. Clarification of general solicitation.
Sec. 2703. Restrictions on new filing requirements in connection with a
general solicitation.
TITLE VIII--IMPROVING CROWDFUNDING OPPORTUNITIES
Sec. 2801. Short title.
Sec. 2802. Crowdfunding revisions.
TITLE IX--RESTORING THE SECONDARY TRADING MARKET
Sec. 2901. Short title.
Sec. 2902. Exemption from State regulation.
DIVISION C--INCREASING ACCESS TO PRIVATE MARKETS
TITLE I--GIG WORKER EQUITY COMPENSATION
Sec. 3101. Short title.
Sec. 3102. Extension of Rule 701.
Sec. 3103. Preemption of certain provisions of State law.
Sec. 3104. GAO study.
TITLE II--INVESTMENT OPPORTUNITY EXPANSION
Sec. 3201. Short title.
Sec. 3202. Investment thresholds to qualify as an accredited investor.
TITLE III--RISK DISCLOSURE AND INVESTOR ATTESTATION
Sec. 3301. Short title.
Sec. 3302. Investor attestation.
TITLE IV--INCREASING INVESTOR OPPORTUNITIES
Sec. 3401. Short title.
Sec. 3402. Closed-end company authority to invest in private funds.
TITLE V--ACCREDITED INVESTORS INCLUDE INDIVIDUALS RECEIVING ADVICE FROM
CERTAIN PROFESSIONALS
Sec. 3501. Accredited investors include individuals receiving advice
from certain professionals.
TITLE VI--RETIREMENT FAIRNESS FOR CHARITIES AND EDUCATIONAL
INSTITUTIONS
Sec. 3601. Short title.
Sec. 3602. Enhancement of 403(b) plans.
DIVISION A--STRENGTHENING PUBLIC MARKETS
TITLE I--REMOVE ABERRATIONS IN THE MARKET CAP TEST FOR TARGET COMPANY
FINANCIAL STATEMENTS
SEC. 1101. AVOIDING ABERRATIONAL RESULTS IN REQUIREMENTS FOR
ACQUISITION AND DISPOSITION FINANCIAL STATEMENTS.
The Securities and Exchange Commission shall revise section 210.1-
02(w)(1)(i)(A) of title 17, Code of Federal Regulations, to permit a
registrant, in determining the significance of an acquisition or
disposition described in such section 210.1-02(w)(1)(i)(A), to
calculate the registrant's aggregate worldwide market value based on
the applicable trading value, conversion value, or exchange value of
all of the registrant's outstanding classes of stock (including
preferred stock and non-traded common shares that are convertible into
or exchangeable for traded common shares) and not just the voting and
non-voting common equity of the registrant.
TITLE II--IMPROVING DISCLOSURE FOR INVESTORS
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Improving Disclosure for Investors
Act of 2023''.
SEC. 1202. ELECTRONIC DELIVERY.
(a) Promulgation of Rules.--Not later than 180 days after the date
of the enactment of this section, the Securities and Exchange
Commission shall propose and, not later than 1 year after the date of
the enactment of this section, the Commission shall finalize, rules,
regulations, amendments, or interpretations, as appropriate, to allow a
covered entity to satisfy the entity's obligation to deliver regulatory
documents required under the securities laws to investors using
electronic delivery.
(b) Required Provisions.--Rules, regulations, amendments, or
interpretations the Commission promulgates pursuant to subsection (a)
shall:
(1) With respect to investors that do not receive all
regulatory documents by electronic delivery, provide for--
(A) delivery of an initial communication in paper
form regarding electronic delivery;
(B) a transition period not to exceed 180 days
until such regulatory documents are delivered to such
investors by electronic delivery; and
(C) during a period not to exceed 2 years following
the transition period set forth in subparagraph (B),
delivery of an annual notice in paper form solely
reminding such investors of the ability to opt out of
electronic delivery at any time and receive paper
versions of regulatory documents.
(2) Set forth requirements for the content of the initial
communication described in paragraph (1)(A).
(3) Set forth requirements for the timing of delivery of a
notice of website availability of regulatory documents and the
content of the appropriate notice described in subsection
(h)(3)(B).
(4) Provide a mechanism for investors to opt out of
electronic delivery at any time and receive paper versions of
regulatory documents.
(5) Require measures reasonably designed to identify and
remediate failed electronic deliveries of regulatory documents.
(6) Set forth minimum requirements regarding readability
and retainability for regulatory documents that are delivered
electronically.
(7) For covered entities other than brokers, dealers,
investment advisers registered with the Commission, and
investment companies, require measures reasonably designed to
ensure the confidentiality of personal information in
regulatory documents that are delivered to investors
electronically.
(c) Exemption From Certain Requirements.--Section 101(c) of the
Electronic Signatures in Global and National Commerce Act (15 U.S.C.
7001(c)) shall not apply with respect to a regulatory document
delivered in accordance with this section.
(d) Rule of Construction.--Nothing in this section shall be
construed as altering the substance or timing of any regulatory
document obligation under the securities laws or regulations of a self-
regulatory organization.
(e) Treatment of Revisions Not Completed in a Timely Manner.--If
the Commission fails to finalize the rules, regulations, amendments, or
interpretations required under subsection (a) before the date specified
in such subsection--
(1) a covered entity may deliver regulatory documents using
electronic delivery in accordance with subsections (b) through
(d); and
(2) such electronic delivery shall be deemed to satisfy the
obligation of the covered entity to deliver regulatory
documents required under the securities laws.
(f) Other Action.--
(1) Review of rules.--The Commission shall--
(A) within 180 days of the date of enactment of
this Act, conduct a review of the rules and regulations
of the Commission to determine whether any such rules
or regulations require delivery of written documents to
investors; and
(B) within 1 year of the date of enactment of this
Act, promulgate amendments to such rules or regulations
to provide that any requirement to deliver a regulatory
document ``in writing'' may be satisfied by electronic
delivery.
(2) Actions by self-regulatory organizations.--Each self-
regulatory organization shall adopt rules and regulations, or
amend the rules and regulations of the self-regulatory
organization, consistent with this Act and consistent with
rules, regulations, amendments, or interpretations finalized by
the Commission pursuant to subsection (a).
(3) Rule of application.--This subsection shall not apply
to a rule or regulation issued pursuant to a Federal statute if
that Federal statute specifically requires delivery of written
documents to investors.
(g) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Covered entity.--The term ``covered entity'' means--
(A) an investment company (as defined in section
3(a)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-3)) that is registered under such Act;
(B) a business development company (as defined in
section 2(a) the Investment Company Act of 1940 (15
U.S.C. 80a-2(a))) that has elected to be regulated as
such under such Act;
(C) a registered broker or dealer (as defined in
section 3(a)(4) and section 3(a)(5) of the Securities
Exchange Act of 1934) (15 U.S.C. 78c(a)(4) &
78c(a)(5));
(D) a registered municipal securities dealer (as
defined in section 3(a)(30) of the Securities Exchange
Act of 1934) (15 U.S.C. 78c(a)(30));
(E) a registered government securities broker or
government securities dealer (as defined in section
3(a)(43) and section 3(a)(44) of the Securities
Exchange Act of 1934) (15 U.S.C. 78c(a)(43) &
78c(a)(44));
(F) a registered investment adviser (as defined in
section 202(a)(11) of the Investment Advisers Act of
1940) (15 U.S.C. 80b-1);
(G) a registered transfer agent (as defined in
section 3(a)(25) of the Securities Exchange Act of
1934) (15 U.S.C. 78c(a)); or
(H) a registered funding portal (as defined in
section 3(a)(81) of the Securities Exchange Act of
1934) (15 U.S.C. 78c(a)).
(3) Electronic delivery.--The term ``electronic delivery'',
with respect to regulatory documents, includes--
(A) the direct delivery of such regulatory document
to an electronic address of an investor;
(B) the posting of such regulatory document to a
website and direct electronic delivery of an
appropriate notice of the availability of the
regulatory document to the investor; and
(C) an electronic method reasonably designed to
ensure receipt of such regulatory document by the
investor.
(4) Regulatory documents.--The term ``regulatory
documents'' includes--
(A) prospectuses meeting the requirements of
section 10(a) of the Securities Act of 1933 (15 U.S.C.
77j);
(B) summary prospectuses meeting the requirements
of--
(i) section 230.498 of title 17, Code of
Federal Regulations; or
(ii) section 230.498A of title 17, Code of
Federal Regulations;
(C) statements of additional information, as
described under section 270.30e-3(h)(3) of title 17,
Code of Federal Regulations;
(D) annual and semi-annual reports to investors
meeting the requirements of section 30(e) of the
Investment Company Act of 1940 (15 U.S.C. 80a-29(e));
(E) notices meeting the requirements under section
270.19a-1 of title 17, Code of Federal Regulations;
(F) confirmations and account statements meeting
the requirements under section 240.10b-10 of title 17,
Code of Federal Regulations;
(G) proxy statements meeting the requirements under
section 240.14a-3 of title 17, Code of Federal
Regulations;
(H) privacy notices meeting the requirements of
Regulation S-P under subpart A of part 248 of title 17,
Code of Federal Regulations;
(I) affiliate marketing notices meeting the
requirements of Regulation S-AM under subpart B of part
248 of title 17, Code of Federal Regulations; and
(J) all other regulatory documents required to be
delivered by covered entities to investors under the
securities laws and the rules and regulations of the
Commission and the self-regulatory organizations.
(5) Securities laws.--The term ``securities laws'' has the
meaning given the term in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)).
(6) Self-regulatory organization.--The term ``self-
regulatory organization'' means--
(A) a self-regulatory organization, as defined in
section 2(a)(26) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)); and
(B) the Municipal Securities Rulemaking Board.
(7) Website.--The term ``website'' means an internet
website or other digital, internet, or electronic-based
information repository, such as a mobile application, to which
an investor of a covered entity has been provided reasonable
access.
TITLE III--HELPING STARTUPS CONTINUE TO GROW
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Helping Startups Continue To Grow
Act''.
SEC. 1302. EMERGING GROWTH COMPANY CRITERIA.
(a) Securities Act of 1933.--Section 2(a)(19) of the Securities Act
of 1933 (15 U.S.C. 77b(a)(19)) is amended--
(1) by striking ``$1,000,000,000'' each place such term
appears and inserting ``$1,500,000,000'';
(2) in subparagraph (B)--
(A) by striking ``fifth'' and inserting ``7-year'';
and
(B) by adding ``or'' at the end;
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Securities Exchange Act of 1934.--Section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended, in the
first paragraph (80) (related to emerging growth companies)--
(1) by striking ``$1,000,000,000'' each place such term
appears and inserting ``$1,500,000,000'';
(2) in subparagraph (B)--
(A) by striking ``fifth'' and inserting ``7-year'';
and
(B) by adding ``or'' at the end;
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
TITLE IV--SEC AND PCAOB AUDITOR REQUIREMENTS FOR NEWLY PUBLIC COMPANIES
SEC. 1401. AUDITOR INDEPENDENCE FOR CERTAIN PAST AUDITS OCCURRING
BEFORE AN ISSUER IS A PUBLIC COMPANY.
(a) Auditor Independence Standards of the Public Company Accounting
Oversight Board.--Section 103 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7213) is amended by adding at the end the following:
``(e) Auditor Independence for Certain Past Audits Occurring Before
an Issuer Is a Public Company.--With respect to an issuer that is a
public company or an issuer that has filed a registration statement to
become a public company, the auditor independence rules established by
the Board with respect to audits occurring before the last fiscal year
of the issuer completed before the issuer filed a registration
statement to become a public company shall treat an auditor as
independent if--
``(1) the auditor is independent under standards
established by the American Institute of Certified Public
Accountants applicable to certified public accountants in
United States; or
``(2) with respect to a foreign issuer, the auditor is
independent under comparable standards applicable to certified
public accountants in the issuer's home country.''.
(b) Auditor Independence Standards of the Securities and Exchange
Commission.--Section 10A of the Securities Exchange Act of 1934 (15
U.S.C. 78j-1) is amended by adding at the end the following:
``(n) Auditor Independence for Certain Past Audits Occurring Before
an Issuer Is a Public Company.--With respect to an issuer that is a
public company or an issuer that has filed a registration statement to
become a public company, the auditor independence rules established by
the Commission under the securities laws with respect to audits
occurring before the last fiscal year of the issuer completed before
the issuer filed a registration statement to become a public company
shall treat an auditor as independent if--
``(1) the auditor is independent under standards
established by the American Institute of Certified Public
Accountants applicable to certified public accountants in
United States; or
``(2) with respect to a foreign issuer, the auditor is
independent under comparable standards applicable to certified
public accountants in the issuer's home country.''.
TITLE V--EXPAND THE PROTECTION FOR RESEARCH REPORTS TO COVER ALL
SECURITIES OF ALL ISSUERS
SEC. 1501. PROVISION OF RESEARCH.
Section 2(a)(3) of the Securities Act of 1933 (15 U.S.C. 77b(a)(3))
is amended--
(a) by striking ``an emerging growth company'' and inserting ``an
issuer'';
(b) by striking ``the common equity'' and inserting ``any''; and
(c) by striking ``such emerging growth company'' and inserting
``such issuer''.
TITLE VI--CODIFY MIFID NO ACTION LETTER
SEC. 1601. DEFINITION OF INVESTMENT ADVISER AMENDED TO EXCLUDE BROKERS
AND DEALERS COMPENSATED FOR CERTAIN RESEARCH SERVICES.
Section 202(a)(11) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-2(a)(11)) is amended--
(1) by striking ``(C) any'' and inserting ``(C)(i) any'';
(2) by striking ``dealer and who receives'' and inserting
``dealer; and (ii)(I) who receives''; and
(3) by inserting ``; or (II) who receives special
compensation for research services (as described in section
28(e)(1) of the Securities Exchange Act of 1934 (15 U.S.C.
78bb(e)(1))) from a client that is directly or indirectly
required as a result of laws of a foreign financial regulatory
authority to pay special compensation for such services'' after
``compensation therefor''.
TITLE VII--EXCLUDE QIBS AND IAAS FROM THE RECORD HOLDER COUNT FOR
MANDATORY REGISTRATION
SEC. 1701. EXCLUSIONS FROM MANDATORY REGISTRATION THRESHOLD.
(a) In General.--Section 12(g)(1) of the Securities Exchange Act of
1934 (15 U.S.C. 78l(g)(1)) is amended--
(1) in subparagraph (A)(i), by inserting after ``persons''
the following: ``(that are not a qualified institutional buyer
or an institutional accredited investor)''; and
(2) in subparagraph (B), by inserting after ``persons'' the
following: ``(that are not a qualified institutional buyer or
an institutional accredited investor)''.
(b) Nonapplicability of General Exemptive Authority.--Section 36 of
the Securities Exchange Act of 1934 (15 U.S.C. 78mm) shall not apply to
the matter inserted by the amendments made by subsection (a).
TITLE VIII--EXPAND WKSI ELIGIBILITY
SEC. 1801. DEFINITION OF WELL-KNOWN SEASONED ISSUER.
For purposes of the Federal securities laws, and regulations issued
thereunder, an issuer shall be a ``well-known seasoned issuer'' if--
(1) the aggregate market value of the voting and non-voting
common equity held by non-affiliates of the issuer is
$250,000,000 or more (as determined under Form S-3 general
instruction I.B.1. as in effect on the date of enactment of
this Act); and
(2) the issuer otherwise satisfies the requirements of the
definition of ``well-known seasoned issuer'' contained in
section 230.405 of title 17, Code of Federal Regulations
without reference to any requirement in such definition
relating to minimum worldwide market value of outstanding
voting and non-voting common equity held by non-affiliates.
TITLE IX--SMALLER REPORTING COMPANY, ACCELERATED FILER, AND LARGE
ACCELERATED FILER THRESHOLDS
SEC. 1901. SMALLER REPORTING COMPANY, ACCELERATED FILER, AND LARGE
ACCELERATED FILER THRESHOLDS.
(a) Smaller Reporting Companies.--
(1) In general.--The Securities and Exchange Commission
shall revise the definition of a ``smaller reporting company''
under section 229.10(f)(1) of title 17, Code of Federal
Regulations--
(A) in paragraph (i), by adjusting the public float
threshold from $250,000,000 to $500,000,000; and
(B) in paragraph (ii)--
(i) by adjusting the annual revenue
threshold from $100,000,000 to $250,000,000;
and
(ii) in paragraph (B), by adjusting the
public float threshold from $700,000,000 to
$900,000,000.
(2) Use of three-year rolling average annual revenues.--The
Securities and Exchange Commission shall revise paragraphs
(1)(ii) and (2)(iii)(B) under the definition of ``smaller
reporting company'' under section 229.10(f)(1) of title 17,
Code of Federal Regulations, by substituting ``three-year
rolling average annual revenues'' for ``annual revenues''.
(3) Conforming changes.--The Securities and Exchange
Commission shall revise the definition of a ``smaller reporting
company'' under sections 230.405 and 240.12b-2 of title 17,
Code of Federal Regulations, and any other rule of the
Commission in the same manner as such definition is revised
under paragraphs (1) and (2).
(b) Accelerated Filers and Large Accelerated Filers.--
(1) Large accelerated filer.--The Securities and Exchange
Commission shall revise the definition of a ``large accelerated
filer'' under section 240.12b-2(2) of title 17, Code of Federal
Regulations, to increase the threshold amount (for the
aggregate worldwide market value of the voting and non-voting
common equity held by non-affiliates of an issuer) from
$700,000,000 to $750,000,000.
(2) Threshold to exit accelerated filer status.--The
Securities and Exchange Commission shall revise section
240.12b-2(3)(ii) of title 17, Code of Federal Regulations, to
increase the threshold amount (for the aggregate worldwide
market value of the voting and non-voting common equity held by
non-affiliates of an issuer) at which an issuer is no longer an
accelerated filer from $60,000,000 to $75,000,000.
(3) Threshold to exit large accelerated filer status.--The
Securities and Exchange Commission shall revise section
240.12b-2(3)(iii) of title 17, Code of Federal Regulations, to
increase the threshold amount (for the aggregate worldwide
market value of the voting and non-voting common equity held by
non-affiliates of an issuer) at which an issuer is no longer a
large accelerated filer from $560,000,000 to $750,000,000.
(4) Exclusion of smaller reporting companies.--The
Securities and Exchange Commission shall revise the definitions
of an ``accelerated filer'' and a ``large accelerated filer''
under paragraphs (1) and (2) of section 240.12b-2 of title 17,
Code of Federal Regulations, respectively, to exclude any
issuer that is a smaller reporting company, as defined under
section 229.10(f)(1) of title 17, Code of Federal Regulations.
DIVISION B--HELPING SMALL BUSINESSES AND ENTREPRENEURS
TITLE I--UNLOCKING CAPITAL FOR SMALL BUSINESSES
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Unlocking Capital for Small
Businesses Act of 2023''.
SEC. 2102. SAFE HARBORS FOR PRIVATE PLACEMENT BROKERS AND FINDERS.
(a) In General.--Section 15 of the Securities Exchange Act of 1934
(15 U.S.C. 78o) is amended by adding at the end the following:
``(p) Private Placement Broker Safe Harbor.--
``(1) Registration requirements.--Not later than 180 days
after the date of the enactment of this subsection the
Commission shall promulgate regulations with respect to private
placement brokers that are no more stringent than those imposed
on funding portals.
``(2) National securities associations.--Not later than 180
days after the date of the enactment of this subsection the
Commission shall promulgate regulations that require the rules
of any national securities association to allow a private
placement broker to become a member of such national securities
association subject to reduced membership requirements
consistent with this subsection.
``(3) Disclosures required.--Before effecting a
transaction, a private placement broker shall disclose clearly
and conspicuously, in writing, to all parties to the
transaction as a result of the broker's activities--
``(A) that the broker is acting as a private
placement broker;
``(B) the amount of any payment or anticipated
payment for services rendered as a private placement
broker in connection with such transaction;
``(C) the person to whom any such payment is made;
``(D) any beneficial interest in the issuer, direct
or indirect, of the private placement broker, of a
member of the immediate family of the private placement
broker, of an associated person of the private
placement broker, or of a member of the immediate
family of such associated person.
``(4) Private placement broker defined.--In this
subsection, the term `private placement broker' means a person
that--
``(A) receives transaction-based compensation--
``(i) for effecting a transaction by--
``(I) introducing an issuer of
securities and a buyer of such
securities in connection with the sale
of a business effected as the sale of
securities; or
``(II) introducing an issuer of
securities and a buyer of such
securities in connection with the
placement of securities in transactions
that are exempt from registration
requirements under the Securities Act
of 1933; and
``(ii) that is not with respect to--
``(I) a class of publicly traded
securities;
``(II) the securities of an
investment company (as defined in
section 3 of the Investment Company Act
of 1940); or
``(III) a variable or equity-
indexed annuity or other variable or
equity-indexed life insurance product;
``(B) with respect to a transaction for which such
transaction-based compensation is received--
``(i) does not handle or take possession of
the funds or securities; and
``(ii) does not engage in an activity that
requires registration as an investment adviser
under State or Federal law; and
``(C) is not a finder as defined under subsection
(q).
``(q) Finder Safe Harbor.--
``(1) Nonregistration.--A finder is exempt from the
registration requirements of this Act.
``(2) National securities associations.--A finder shall not
be required to become a member of any national securities
association.
``(3) Finder defined.--In this subsection, the term
`finder' means a person described in paragraphs (A) and (B) of
subsection (p)(4) that--
``(A) receives transaction-based compensation of
equal to or less than $500,000 in any calendar year;
``(B) receives transaction-based compensation in
connection with transactions that result in a single
issuer selling securities valued at equal to or less
than $15 million in any calendar year;
``(C) receives transaction-based compensation in
connection with transactions that result in any
combination of issuers selling securities valued at
equal to or less than $30 million in any calendar year;
or
``(D) receives transaction-based compensation in
connection with fewer than 16 transactions that are not
part of the same offering or are otherwise unrelated in
any calendar year.''.
(b) Validity of Contracts With Registered Private Placement Brokers
and Finders.--Section 29 of the Securities Exchange Act of 1934 (15
U.S.C. 78cc) is amended by adding at the end the following:
``(d) Subsection (b) shall not apply to a contract made for a
transaction if--
``(1) the transaction is one in which the issuer engaged
the services of a broker or dealer that is not registered under
this Act with respect to such transaction;
``(2) such issuer received a self-certification from such
broker or dealer certifying that such broker or dealer is a
registered private placement broker under section 15(p) or a
finder under section 15(q); and
``(3) the issuer either did not know that such self-
certification was false or did not have a reasonable basis to
believe that such self-certification was false.''.
(c) Removal of Private Placement Brokers From Definitions of
Broker.--
(1) Records and reports on monetary instruments
transactions.--Section 5312 of title 31, United States Code, is
amended in subsection (a)(2)(G) by inserting ``with the
exception of a private placement broker as defined in section
15(p)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(p)(4))'' before the semicolon at the end.
(2) Securities exchange act of 1934.--Section 3(a)(4) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)) is
amended by adding at the end the following:
``(G) Private placement brokers.--A private
placement broker as defined in section 15(p)(4) is not
a broker for the purposes of this Act.''.
SEC. 2103. LIMITATIONS ON STATE LAW.
Section 15(i) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(i)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Private placement brokers and finders.--
``(A) In general.--No State or political
subdivision thereof may enforce any law, rule,
regulation, or other administrative action that imposes
greater registration, audit, financial recordkeeping,
or reporting requirements on a private placement broker
or finder than those that are required under
subsections (p) and (q), respectively.
``(B) Definition of state.--For purposes of this
paragraph, the term `State' includes the District of
Columbia and each territory of the United States.'';
and
(3) in paragraph (4), as so redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (5)''.
TITLE II--SMALL BUSINESS INVESTOR CAPITAL ACCESS
SEC. 2201. SHORT TITLE.
This title may be cited as the ``Small Business Investor Capital
Access Act''.
SEC. 2202. INFLATION ADJUSTMENT FOR THE EXEMPTION THRESHOLD FOR CERTAIN
INVESTMENT ADVISERS OF PRIVATE FUNDS.
Section 203(m) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(m)) is amended by adding at the end the following:
``(5) Inflation adjustment.--The Commission shall adjust
the dollar amount described under paragraph (1)--
``(A) upon enactment of this paragraph, to reflect
the change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics
of the Department of Labor between the date of
enactment of the Private Fund Investment Advisers
Registration Act of 2010 and the date of enactment of
this paragraph; and
``(B) annually thereafter, to reflect the change in
the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor.''.
TITLE III--IMPROVING CAPITAL ALLOCATION FOR NEWCOMERS
SEC. 2301. SHORT TITLE.
This title may be cited as the ``Improving Capital Allocation for
Newcomers Act of 2023''.
SEC. 2302. 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 ``600 persons''; and
(2) in subparagraph (C)(i), by striking ``$10,000,000'' and
inserting ``$150,000,000''.
TITLE IV--SMALL ENTREPRENEURS' EMPOWERMENT AND DEVELOPMENT
SEC. 2401. SHORT TITLE.
This title may be cited as the ``Small Entrepreneurs' Empowerment
and Development Act of 2023'' or the ``SEED Act of 2023''.
SEC. 2402. MICRO-OFFERING EXEMPTION.
(a) In General.--Section 4 of the Securities Act of 1933 (15 U.S.C.
77d) is amended--
(1) in subsection (a), by adding at the end the following:
``(8) transactions meeting the requirements of subsection
(f).''; and
(2) by adding at the end the following:
``(f) Micro-Offerings.--The transactions referred to in subsection
(a)(8) are transactions involving the sale of securities by an issuer
(including all entities controlled by or under common control with the
issuer) where the aggregate amount of all securities sold by the
issuer, including any amount sold in reliance on the exemption provided
under subsection (a)(8), during the 12-month period preceding such
transaction, does not exceed $250,000.''.
(b) Disqualification.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Securities and Exchange Commission
shall, by rule, establish disqualification provisions under
which an issuer shall not be eligible to offer securities
pursuant to section 4(a)(8) of the Securities Act of 1933, as
added by this section.
(2) Inclusions.--Disqualification provisions required by
this subsection shall--
(A) be substantially similar to the provisions of
section 230.506(d) of title 17, Code of Federal
Regulations (or any successor thereto); and
(B) disqualify any offering or sale of securities
by a person that--
(i) is subject to a final order of a
covered regulator that--
(I) bars the person from--
(aa) association with an
entity regulated by the covered
regulator;
(bb) engaging in the
business of securities,
insurance, or banking; or
(cc) engaging in savings
association or credit union
activities; or
(II) constitutes a final order
based on a violation of any law or
regulation that prohibits fraudulent,
manipulative, or deceptive conduct, if
such final order was issued within the
previous 10-year period; or
(ii) has been convicted of any felony or
misdemeanor in connection with the purchase or
sale of any security or involving the making of
any false filing with the Commission.
(3) Covered regulator defined.--In this subsection, the
term ``covered regulator'' means--
(A) a State securities commission (or an agency or
officer of a State performing like functions);
(B) a State authority that supervises or examines
banks, savings associations, or credit unions;
(C) a State insurance commission (or an agency or
officer of a State performing like functions);
(D) a Federal banking agency (as defined under
section 3 of the Federal Deposit Insurance Act); and
(E) the National Credit Union Administration.
(c) Exemption Under State Regulations.--Section 18(b)(4) of the
Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(H) section 4(a)(8).''.
TITLE V--REGULATION A+ IMPROVEMENT
SEC. 2501. SHORT TITLE.
This title may be cited as the ``Regulation A+ Improvement Act of
2023''.
SEC. 2502. JOBS ACT-RELATED EXEMPTION.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended--
(1) in paragraph (2)(A), by striking ``$50,000,000'' and
inserting ``$150,000,000, adjusted for inflation by the
Commission every 2 years to the nearest $10,000 to reflect the
change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics''; and
(2) in paragraph (5)--
(A) by striking ``such amount as'' and inserting:
``such amount, in addition to the adjustment for
inflation provided for under such paragraph (2)(A),
as''; and
(B) by striking ``such amount, it'' and inserting
``such amount, in addition to the adjustment for
inflation provided for under such paragraph (2)(A),
it''.
TITLE VI--DEVELOPING AND EMPOWERING OUR ASPIRING LEADERS
SEC. 2601. SHORT TITLE.
This title may be cited as the ``Developing and Empowering our
Aspiring Leaders Act of 2023'' or the ``DEAL Act of 2023''.
SEC. 2602. DEFINITIONS.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Securities and Exchange Commission
shall, to the extent such revisions facilitate capital formation
without compromising investor protection--
(1) revise the definition of a qualifying investment under
paragraph (c) of section 275.203(l)-1 of title 17, Code of
Federal Regulations--
(A) to include an equity security issued by a
qualifying portfolio company, whether acquired directly
from the company or in a secondary acquisition; and
(B) to specify that an investment in another
venture capital fund is a qualifying investment under
such definition; and
(2) revise paragraph (a) of such section to require, as a
condition of a private fund qualifying as a venture capital
fund under such paragraph, that the qualifying investments of
the private fund are either--
(A) predominantly qualifying investments that were
acquired directly from a qualifying portfolio company;
or
(B) predominantly qualifying investments in another
venture capital fund or other venture capital funds.
SEC. 2603. REPORTS.
(a) GAO Report.--The Comptroller General of the United States shall
issue a report to Congress on the risks and impacts of concentrated
sectoral counterparty risk in the banking sector, in light of the
failure of Silicon Valley Bank.
(b) Advocate for Small Business Capital Formation Report.--The
Advocate for Small Business Capital Formation shall issue a report to
Congress and the Securities and Exchange Commission--
(1) examining the access to banking services for venture
funds and companies funded by venture capital, in light of the
failure of Silicon Valley Bank, especially those funds and
companies located outside of the established technology and
venture capital hubs of California, Massachusetts, and New
York; and
(2) containing any policy recommendations of the Advocate.
TITLE VII--HELPING ANGELS LEAD OUR STARTUPS
SEC. 2701. SHORT TITLE.
This title may be cited as the ``Helping Angels Lead Our Startups
Act of 2023'' or the ``HALOS Act of 2023''.
SEC. 2702. CLARIFICATION OF GENERAL SOLICITATION.
(a) Definitions.--For purposes of this title and the revision of
rules required under this title:
(1) Angel investor group.--The term ``angel investor
group'' means any group that--
(A) is composed of accredited investors interested
in investing personal capital in early-stage companies;
(B) holds regular meetings and has defined
processes and procedures for making investment
decisions, either individually or among the membership
of the group as a whole; and
(C) is neither associated nor affiliated with
brokers, dealers, or investment advisers.
(2) Issuer.--The term ``issuer'' means an issuer that is a
business, is not in bankruptcy or receivership, is not an
investment company, and is not a blank check, blind pool, or
shell company.
(b) In General.--Not later than 6 months after the date of
enactment of this Act, the Securities and Exchange Commission shall
revise Regulation D of its rules (17 CFR 230.500 et seq.) to require
that in carrying out the prohibition against general solicitation or
general advertising contained in section 230.502(c) of title 17, Code
of Federal Regulations, the prohibition shall not apply to a
presentation or other communication made by or on behalf of an issuer
which is made at an event--
(1) sponsored by--
(A) the United States or any territory thereof, the
District of Columbia, any State, a political
subdivision of any State or territory, or any agency or
public instrumentality of any of the foregoing;
(B) a college, university, or other institution of
higher education;
(C) a nonprofit organization;
(D) an angel investor group;
(E) a venture forum, venture capital association,
or trade association;
(F) an incubator;
(G) an accelerator; or
(H) any other group, person, or entity as the
Securities and Exchange Commission may determine by
rule;
(2) where any advertising for the event does not reference
any specific offering of securities by the issuer;
(3) the sponsor of which--
(A) does not make investment recommendations or
provide investment advice to event attendees;
(B) does not engage in an active role in any
investment negotiations between the issuer and
investors attending the event;
(C) does not charge event attendees any fees other
than reasonable administrative fees;
(D) does not receive any compensation for making
introductions between investors attending the event and
issuers, or for investment negotiations between such
parties;
(E) makes readily available to attendees a
disclosure not longer than one page in length, as
prescribed by the Securities and Exchange Commission,
describing the nature of the event and the risks of
investing in the issuers presenting at the event; and
(F) does not receive any compensation with respect
to such event that would require registration of the
sponsor as a broker or a dealer under the Securities
Exchange Act of 1934, or as an investment advisor under
the Investment Advisers Act of 1940; and
(4) where no specific information regarding an offering of
securities by the issuer is communicated or distributed by or
on behalf of the issuer, other than--
(A) that the issuer is in the process of offering
securities or planning to offer securities;
(B) the type and amount of securities being
offered;
(C) the amount of securities being offered that
have already been subscribed for; and
(D) the intended use of proceeds of the offering.
(c) Rule of Construction.--Subsection (b) may only be construed as
requiring the Securities and Exchange Commission to amend the
requirements of Regulation D with respect to presentations and
communications, and not with respect to purchases or sales.
(d) No Pre-Existing Substantive Relationship by Reason of Event.--
Attendance at an event described under subsection (b) shall not
qualify, by itself, as establishing a pre-existing substantive
relationship between an issuer and a purchaser, for purposes of Rule
506(b).
SEC. 2703. RESTRICTIONS ON NEW FILING REQUIREMENTS IN CONNECTION WITH A
GENERAL SOLICITATION.
With respect to any offer or sale of a security under Regulation D
(17 CFR 230.500 et seq.) that is exempt from the prohibition against
general solicitation or general advertising contained in section
230.502(c) of title 17, Code of Federal Regulations, the Securities and
Exchange Commission may not issue any rule that would apply additional
filing requirements (including requirements to file information with
the Commission before or after a general solicitation or general
advertising) to a general solicitation or general advertising of such a
security that were not in effect on the date of enactment of this Act.
TITLE VIII--IMPROVING CROWDFUNDING OPPORTUNITIES
SEC. 2801. SHORT TITLE.
This title may be cited as the ``Improving Crowdfunding
Opportunities Act''.
SEC. 2802. CROWDFUNDING REVISIONS.
(a) Exemption From State Regulation.--Section 18(b)(4)(A) of the
Securities Act of 1933 (15 U.S.C. 77r(b)(4)(A)) is amended by striking
``pursuant to section'' and all that follows through the semicolon at
the end and inserting the following: ``pursuant to--
``(i) section 13 or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m, 78o(d));
or
``(ii) section 4A(b) or any regulation
issued under that section;''.
(b) Liability for Material Misstatements and Omissions.--Section
4A(c) of the Securities Act of 1933 (15 U.S.C. 77d-1(c)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Liability of funding portals.--For the purposes of
this subsection, a funding portal, as that term is defined in
section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)), shall not be considered to be an issuer unless, in
connection with the offer or sale of a security, the funding
portal knowingly--
``(A) makes any untrue statement of a material fact
or omits to state a material fact in order to make the
statements made, in light of the circumstances under
which they are made, not misleading; or
``(B) engages in any act, practice, or course of
business which operates or would operate as a fraud or
deceit upon any person.''.
(c) Applicability of Bank Secrecy Act Requirements.--
(1) Securities act of 1933.--Section 4A(a) of the
Securities Act of 1933 (15 U.S.C. 77d-1(a)) is amended--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) not be subject to the recordkeeping and reporting
requirements relating to monetary instruments under subchapter
II of chapter 53 of title 31, United States Code.''.
(2) Title 31, united states code.--Section 5312 of title
31, United States Code, is amended by striking subsection (c)
and inserting the following:
``(c) Additional Clarification.--The term `financial institution'
(as defined in subsection (a))--
``(1) includes any futures commission merchant, commodity
trading advisor, or commodity pool operator registered, or
required to register, under the Commodity Exchange Act (7
U.S.C. 1 et seq.); and
``(2) does not include a funding portal, as that term is
defined in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).''.
(d) Provision of Impersonal Investment Advice and
Recommendations.--Section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)) is amended--
(1) by redesignating the second paragraph (80) (relating to
funding portals) as paragraph (81); and
(2) in paragraph (81)(A), as so redesignated, by inserting
after ``recommendations'' the following: ``(other than by
providing impersonal investment advice by means of written
material, or an oral statement, that does not purport to meet
the objectives or needs of a specific individual or account)''.
(e) Target Amounts of Certain Exempted Offerings.--The Securities
and Exchange Commission shall amend paragraph (t)(1) of section 227.201
of title 17, Code of Federal Regulations so that such paragraph applies
with respect to an issuer offering or selling securities in reliance on
section 4(a)(6) of the Securities Act of 1933 (15 U.S.C. 77d(a)(6))
if--
(1) the offerings of such issuer, together with all other
amounts sold under such section 4(a)(6) within the preceding
12-month period, have, in the aggregate, a target amount of
more than $124,000 but not more than $250,000;
(2) the financial statements of such issuer that have
either been reviewed or audited by a public accountant that is
independent of the issuer are unavailable at the time of
filing; and
(3) such issuer provides a statement that financial
information certified by the principal executive officer of the
issuer has been provided instead of financial statements
reviewed by a public accountant that is independent of the
issuer.
(f) Exemption Available to Investment Companies.--Section 4A(f) of
the Securities Act of 1933 (15 U.S.C. 77d-1(f)) is amended--
(1) in paragraph (2), by inserting ``or'' after the
semicolon;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(g) Non-Accredited Investor Requirements.--Section 4(a)(6) of the
Securities Act of 1933 (15 U.S.C. 77d(a)(6)) is amended--
(1) in subparagraph (A), by striking ``$1,000,000'' and
inserting ``$10,000,000''; and
(2) in subparagraph (B), by striking ``does not exceed''
and all that follows through ``more than $100,000'' and
inserting ``does not exceed 10 percent of the annual income or
net worth of such investor''.
(h) Technical Correction.--The Securities Act of 1933 (15 U.S.C.
77a et seq.) is amended--
(1) by striking the term ``section 4(6)'' each place such
term appears and inserting ``section 4(a)(6)''; and
(2) by striking the term ``section 4(6)(B)'' each place
such term appears and inserting ``section 4(a)(6)(B)''.
TITLE IX--RESTORING THE SECONDARY TRADING MARKET
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Restoring the Secondary Trading
Market Act''.
SEC. 2902. EXEMPTION FROM STATE REGULATION.
Section 18(a) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4))
is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) shall directly or indirectly prohibit, limit, or
impose any conditions upon the off-exchange secondary trading
(as such term is defined by the Commission) in securities of an
issuer that makes current information publicly available,
including--
``(A) the information required in the periodic and
current reports described under paragraph (b) of
section 230.257 of title 17, Code of Federal
Regulations; or
``(B) the documents and information required with
respect to Tier 2 offerings, as defined in section
230.251(a) of title 17, Code of Federal Regulations.''.
DIVISION C--INCREASING ACCESS TO PRIVATE MARKETS
TITLE I--GIG WORKER EQUITY COMPENSATION
SEC. 3101. SHORT TITLE.
This title may be cited as the ``Gig Worker Equity Compensation
Act''.
SEC. 3102. EXTENSION OF RULE 701.
(a) In General.--The exemption provided under section 230.701 of
title 17, Code of Federal Regulations, shall apply to individuals
(other than employees) providing goods for sale, labor, or services for
remuneration to either an issuer or to customers of an issuer to the
same extent as such exemptions apply to employees of the issuer. For
purposes of the previous sentence, the term ``customers'' may, at the
election of an issuer, include users of the issuer's platform.
(b) Adjustment for Inflation.--The Securities and Exchange
Commission shall annually adjust the dollar figure under section
230.701(e) of title 17, Code of Federal Regulations, to reflect the
percentage change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department of Labor.
(c) Rulemaking.--The Securities and Exchange Commission--
(1) shall revise section 230.701 of title 17, Code of
Federal Regulations, to reflect the requirements of this
section; and
(2) may not revise such section 230.701 in any manner that
would have the effect of restricting access to equity
compensation for employees or individuals described under
subsection (a).
SEC. 3103. PREEMPTION OF CERTAIN PROVISIONS OF STATE LAW.
Any provision of a State law with respect to wage rates or benefits
that creates a presumption that an individual providing goods for sale,
labor, or services for remuneration for a person is an employee of such
person under such law is preempted.
SEC. 3104. GAO STUDY.
Not later than the end of the 3-year period beginning on the date
of enactment of this Act, the Comptroller General of the United States
shall carry out a study on the effects of this title and submit a
report on such study to the Congress.
TITLE II--INVESTMENT OPPORTUNITY EXPANSION
SEC. 3201. SHORT TITLE.
This title may be cited as the ``Investment Opportunity Expansion
Act''.
SEC. 3202. INVESTMENT THRESHOLDS TO QUALIFY AS AN ACCREDITED INVESTOR.
Section 2(a)(15) of the Securities Act of 1933 (15 U.S.C.
77b(a)(15)) is amended--
(1) by 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; and
(3) by adding at the end the following:
``(iii) with respect to a proposed transaction, any
individual whose aggregate investment, at the
completion of such transaction, in securities with
respect to which there has not been a public offering
is not more than 10 percent of the greater of--
``(I) the net assets of the individual; or
``(II) the annual income of the
individual;''.
TITLE III--RISK DISCLOSURE AND INVESTOR ATTESTATION
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Risk Disclosure and Investor
Attestation Act''.
SEC. 3302. INVESTOR ATTESTATION.
(a) In General.--Section 2(a)(15) of the Securities Act of 1933 (15
U.S.C. 77b(a)(15)), as amended by section 3202, is further amended by
adding at the end the following:
``(iv) with respect to an issuer, any
individual that has attested to the issuer that
the individual understands the risks of
investment in private issuers, using such form
as the Commission shall establish, by rule, but
which form may not be longer than 2 pages in
length; or''.
(b) Rulemaking.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Securities and
Exchange Commission shall issue rules to carry out the amendments made
by subsection (a), including establishing the form required under such
amendments.
TITLE IV--INCREASING INVESTOR OPPORTUNITIES
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Increasing Investor Opportunities
Act''.
SEC. 3402. CLOSED-END COMPANY AUTHORITY TO INVEST IN PRIVATE FUNDS.
(a) In General.--Section 5 of the Investment Company Act of 1940
(15 U.S.C. 80a-5) is amended by adding at the end the following:
``(d) Closed-End Company Authority To Invest in Private Funds.--
``(1) In general.--Except as otherwise prohibited or
restricted by this Act (or any rule issued under this Act), the
Commission may not limit a closed-end company from investing
any or all of the company's assets in private funds solely or
primarily because of the private funds' status as private
funds.
``(2) Application.--Notwithstanding section 6(f), this
subsection shall also apply to a closed-end company that elects
to be treated as a business development company.''.
(b) Definition of Private Fund.--
(1) Investment company act of 1940.--Section 2(a) of the
Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended
by adding at the end the following:
``(55) The term `private fund' means an issuer that would
be an investment company but for paragraph (1) or (7) of
section 3(c).''.
(2) Investment advisers act of 1940.--The first paragraph
(29) (relating to ``private fund'') of section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended
to read as follows:
``(29) The term `private fund' has the meaning given that
term under section 2(a) of the Investment Company Act of
1940.''.
(c) Treatment by National Securities Exchanges.--Section 6(b) of
the Securities Exchange Act of 1934 (15 U.S.C. 78f(b)) is amended by
adding at the end the following:
``(11)(A) The rules of the exchange do not prohibit the
listing or trading of securities of a closed-end company solely
or primarily by reason of the amount of the company's
investment of assets in private funds.
``(B) In this paragraph--
``(i) the term `closed-end company' has the meaning
given that term under section 5(a) of the Investment
Company Act of 1940, and includes a closed-end company
that elects to be treated as a business development
company under section 6(f) of such Act; and
``(ii) the term `private fund' has the meaning
given that term under section 2(a) of the Investment
Company Act of 1940.''.
(d) Investment Limitation.--Section 3(c) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(c)) is amended--
(1) in paragraph (1), by striking ``subparagraphs (A)(i)
and (B)(i)'' and inserting ``subparagraphs (A)(i), (B)(i), and
(C)''; and
(2) in paragraph (7)(D), by striking ``subparagraphs (A)(i)
and (B)(i)'' and inserting ``subparagraphs (A)(i), (B)(i), and
(C)''.
TITLE V--ACCREDITED INVESTORS INCLUDE INDIVIDUALS RECEIVING ADVICE FROM
CERTAIN PROFESSIONALS
SEC. 3501. 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)), as amended by sections 3202 and 3302,
is further amended by adding at the end the following:
``(v) 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)(v):
``(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).
TITLE VI--RETIREMENT FAIRNESS FOR CHARITIES AND EDUCATIONAL
INSTITUTIONS
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Retirement Fairness for Charities
and Educational Institutions Act of 2023''.
SEC. 3602. ENHANCEMENT OF 403(B) PLANS.
(a) Amendments to the Investment Company Act of 1940.--Section
3(c)(11) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(11))
is amended to read as follows:
``(11) Any--
``(A) employee's stock bonus, pension, or profit-
sharing trust which meets the requirements for
qualification under section 401 of the Internal Revenue
Code of 1986;
``(B) custodial account meeting the requirements of
section 403(b)(7) of such Code;
``(C) governmental plan described in section
3(a)(2)(C) of the Securities Act of 1933;
``(D) collective trust fund maintained by a bank
consisting solely of assets of one or more--
``(i) trusts described in subparagraph (A);
``(ii) government plans described in
subparagraph (C);
``(iii) church plans, companies, or
accounts that are excluded from the definition
of an investment company under paragraph (14)
of this subsection; or
``(iv) plans which meet the requirements of
section 403(b) of the Internal Revenue Code of
1986 if--
``(I) such plan is subject to title
I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1001 et
seq.);
``(II) any employer making such
plan available agrees to serve as a
fiduciary for the plan with respect to
the selection of the plan's investments
among which participants can choose; or
``(III) such plan is a governmental
plan (as defined in section 414(d) of
such Code); or
``(E) separate account the assets of which are
derived solely from--
``(i) contributions under pension or
profit-sharing plans which meet the
requirements of section 401 of the Internal
Revenue Code of 1986 or the requirements for
deduction of the employer's contribution under
section 404(a)(2) of such Code;
``(ii) contributions under governmental
plans in connection with which interests,
participations, or securities are exempted from
the registration provisions of section 5 of the
Securities Act of 1933 by section 3(a)(2)(C) of
such Act;
``(iii) advances made by an insurance
company in connection with the operation of
such separate account; and
``(iv) contributions to a plan described in
subparagraph (D)(iv).''.
(b) Amendments to the Securities Act of 1933.--Section 3(a)(2) of
the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended--
(1) by striking ``or (D)'' and inserting ``(D) a plan which
meets the requirements of section 403(b) of such Code if (i)
such plan is subject to title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (ii) any
employer making such plan available agrees to serve as a
fiduciary for the plan with respect to the selection of the
plan's investments among which participants can choose, or
(iii) such plan is a governmental plan (as defined in section
414(d) of such Code); or (E)'';
(2) by striking ``(C), or (D)'' and inserting ``(C), (D),
or (E)''; and
(3) by striking ``(iii) which is a plan funded'' and
inserting ``(iii) in the case of a plan not described in
subparagraph (D), which is a plan funded''.
(c) Amendments to the Securities Exchange Act of 1934.--Section
3(a)(12)(C) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(12)(C)) is amended--
(1) by striking ``or (iv)'' and inserting ``(iv) a plan
which meets the requirements of section 403(b) of such Code if
(I) such plan is subject to title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.), (II) any
employer making such plan available agrees to serve as a
fiduciary for the plan with respect to the selection of the
plan's investments among which participants can choose, or
(III) such plan is a governmental plan (as defined in section
414(d) of such Code), or (v)'';
(2) by striking ``(ii), or (iii)'' and inserting ``(ii),
(iii), or (iv)''; and
(3) by striking ``(II) is a plan funded'' and inserting
``(II) in the case of a plan not described in clause (iv), is a
plan funded''.
<all>
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118HR28 | Illegal Alien NICS Alert Act | [
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"S001214",
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"sponsor"
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"R000610",
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] | <p><b>Illegal Alien NICS Alert Act</b></p> <p>This bill requires the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and relevant state and local law enforcement agencies when the system indicates that a prospective firearm transferee is illegally or unlawfully in the United States.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 28 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 28
To require the national instant criminal background check system to
notify U.S. Immigration and Customs Enforcement and the relevant State
and local law enforcement agencies whenever the information available
to the system indicates that a person illegally or unlawfully in the
United States may be attempting to receive a firearm.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Steube (for himself, Mr. Reschenthaler, and Mr. Fitzgerald)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require the national instant criminal background check system to
notify U.S. Immigration and Customs Enforcement and the relevant State
and local law enforcement agencies whenever the information available
to the system indicates that a person illegally or unlawfully in the
United States may be attempting to receive a firearm.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Alien NICS Alert Act''.
SEC. 2. REQUIREMENT THAT NICS NOTIFY ICE AND STATE AND LOCAL LAW
ENFORCEMENT AGENCIES OF ATTEMPTED RECEIPT OF FIREARM BY
PERSON ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES.
Section 103(e) of the Brady Handgun Violence Prevention Act (34
U.S.C. 40901(e)) is amended by adding at the end the following:
``(3) Requirement to notify ice and state and local law
enforcement agencies of attempted receipt of firearm by person
illegally or unlawfully in the united states.--The Attorney
General shall ensure that, whenever the information available
to the system established under this section indicates that a
prospective firearm transferee is illegally or unlawfully in
the United States, the system shall transmit to the Immigration
and Customs Enforcement Agency and to relevant State and local
law enforcement agencies a notice that the person may have
attempted to receive a firearm in violation of section
922(g)(5) of title 18, United States Code, and shall include
with the notice all relevant information possessed by the
system.''.
<all>
</pre></body></html>
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118HR280 | Cyber Vulnerability Disclosure Reporting Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>Cyber Vulnerability Disclosure Reporting Act</b></p> <p>This bill requires the Department of Homeland Security to submit a report describing the policies and procedures developed to coordinate the disclosure of cyber vulnerabilities. The report shall describe instances when these policies and procedures were used to disclose cyber vulnerabilities in the previous year. Further, the report shall mention the degree to which the disclosed information was acted upon by stakeholders. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 280 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 280
To require the Secretary of Homeland Security to submit a report on
cyber vulnerability disclosures, 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 require the Secretary of Homeland Security to submit a report on
cyber vulnerability disclosures, 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 ``Cyber Vulnerability Disclosure
Reporting Act''.
SEC. 2. REPORT ON CYBER VULNERABILITIES.
(a) Report.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall 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 that contains a description of the policies and
procedures developed for coordinating cyber vulnerability disclosures,
in accordance with section 2209(m) of the Homeland Security Act of 2002
(6 U.S.C. 659(m)). To the extent possible, such report shall include an
annex with information on instances in which such policies and
procedures were used to disclose cyber vulnerabilities in the year
prior to the date such report is required and, where available,
information on the degree to which such information was acted upon by
industry and other stakeholders. Such report may also contain a
description of how the Secretary is working with other Federal entities
and critical infrastructure owners and operators to prevent, detect,
and mitigate cyber vulnerabilities.
(b) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may contain a classified annex.
<all>
</pre></body></html>
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118HR2800 | Master Sergeant Roddie Edmonds Congressional Gold Medal Act | [
[
"B001309",
"Rep. Burchett, Tim [R-TN-2]",
"sponsor"
],
[
"C001068",
"Rep. Cohen, Steve [D-TN-9]",
"cosponsor"
],
[
"F000459",
"Rep. Fleischmann, Charles J. \"Chuck\" [R-TN-3]",
"cosponsor"
],
[
"H001086",
"Rep. Harshbarger, Diana [R-TN-1]",
"cosponsor"
... | <p><STRONG>Master Sergeant Roddie Edmonds Congressional Gold Medal Act</STRONG></p> <p>This bill provides for the posthumous award of a Congressional Gold Medal to Roddie Edmonds in recognition of his achievements and heroic actions during World War II. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2800 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2800
To award a Congressional Gold Medal to Master Sergeant Rodrick
``Roddie'' Edmonds in recognition of his heroic actions during World
War II.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Burchett (for himself, Mr. Cohen, Mr. Fleischmann, Mrs.
Harshbarger, Mr. DesJarlais, Mr. Rose, Mr. Kustoff, Mr. Ogles, Mr.
Green of Tennessee, Mr. Zinke, Mr. Westerman, Ms. Scholten, Ms. Mace,
Mr. Jackson of North Carolina, Mr. Ryan, Mr. Gimenez, Mr. Williams of
New York, and Mr. Mann) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To award a Congressional Gold Medal to Master Sergeant Rodrick
``Roddie'' Edmonds in recognition of his heroic actions during World
War II.
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 ``Master Sergeant Roddie Edmonds
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Rodrick W. Edmonds (in this Act referred to as ``Roddie
Edmonds'' or ``Edmonds'') was born in 1919 in South Knoxville,
Tennessee, and graduated from Knoxville High School in 1938.
(2) Roddie Edmonds was a Master Sergeant in the United
States Army and a member of the 422nd Infantry Regiment while
serving during World War II.
(3) Roddie Edmonds landed in Europe in 1944 and fought to
the border between Belgium and Germany. In December of 1944,
while fighting in the Battle of the Bulge, Edmonds was captured
by Nazi forces and detained in Stalag IX-A, a prisoner of war
camp in Ziegenhain, Germany.
(4) Stalag IX-A was a site used to identify, segregate, and
remove Jewish soldiers from the general population of prisoners
of war and many of the Jewish soldiers who were so removed were
sent to labor camps or murdered. Members of the Armed Forces
were warned of this policy and aware that their fellow
servicemen could be at risk.
(5) As the senior noncommissioned officer in Stalag IX-A,
Master Sergeant Edmonds was responsible for 1,275 members of
the Armed Forces at the camp. Approximately 1 month after the
date on which Edmonds was detained, Edmonds was directed to
order the Jewish-American soldiers under his command to fall
out in order to separate the Jewish-American soldiers from
their fellow prisoners.
(6) Disregarding the orders of the Nazis, Roddie Edmonds
commanded all of his men to fall out and, the following
morning, all of the 1,275 members of the Armed Forces under the
command of Edmonds stood outside of their prison barracks.
(7) Upon seeing the soldiers, a German officer angrily
shouted, ``They cannot all be Jews!'', to which Edmonds
replied, ``We are all Jews here''.
(8) The German officer took out his pistol and pointed the
gun at the head of Edmonds, but Edmonds refused to identify the
Jewish soldiers. Instead, Edmonds responded, ``According to the
Geneva Convention, we only have to give our name, rank, and
serial number. If you shoot me, you will have to shoot all of
us and, after the war, you will be tried for war crimes''.
(9) The German officer turned away from Edmonds and the
other soldiers and left the scene. The actions taken by Edmonds
saved the lives of approximately 200 Jewish-American members of
the Armed Forces.
(10) Lester Tanner, a Jewish-American member of the Armed
Forces also captured during the Battle of the Bulge, witnessed
the incident and stated that, ``There was no question in my
mind, or that of Master Sergeant Edmonds, that the Germans were
removing the Jewish prisoners from the general population at
great risk to their survival. The U.S. Army's standing command
to its ranking officers in POW camps is that you resist the
enemy and care for the safety of your men to the greatest
extent possible. Master Sergeant Edmonds, at the risk of his
immediate death, defied the Germans with the unexpected
consequences that the Jewish prisoners were saved''.
(11) Edmonds survived 100 days in captivity and returned
home after the war. Later, Edmonds served the United States in
Korea as a member of the National Guard. Edmonds died in 1985,
but never told his family or anyone else of his brave actions
outside the barracks of Stalag IX-A during World War II.
(12) Edmonds was posthumously recognized by Yad Vashem, the
World Holocaust Remembrance Center in Jerusalem, as ``Righteous
Among the Nations'', the first member of the Armed Forces and 1
of only 5 people of the United States to be so recognized.
Avner Shalev, Chairman of Yad Vashem, announced the selection
of Edmonds by saying, ``Master Sergeant Roddie Edmonds seemed
like an ordinary American soldier, but he had an extraordinary
sense of responsibility and dedication to his fellow human
beings. . . . The choices and actions of Master Sergeant
Edmonds set an example for his fellow American soldiers as they
stood united against the barbaric evil of the Nazis''.
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 posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Roddie Edmonds in recognition of his
achievements and heroic actions during World War II.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Presentation and Award of Medal.--The gold medal referred to in
subsection (a) shall be presented, and following the presentation
awarded, to his son, Pastor Christopher Waring Edmonds, or the next of
kin of Roddie Edmonds.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under 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.
<all>
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118HR2801 | Kids PRIVACY Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2801 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2801
To amend the Children's Online Privacy Protection Act of 1998 to update
and expand the coverage of such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Ms. Castor of Florida introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to update
and expand the coverage of such 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting the
Information of our Vulnerable Adolescents, Children, and Youth Act'' or
the ``Kids PRIVACY Act''.
(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. Requirements for processing of covered information of children
or teenagers.
Sec. 4. Repeal of safe harbors provision.
Sec. 5. Administration and applicability of Act.
Sec. 6. Review.
Sec. 7. Private right of action.
Sec. 8. Relationship to other law.
Sec. 9. Additional conforming amendment.
Sec. 10. Youth Privacy and Marketing Division.
Sec. 11. Commission defined.
Sec. 12. Effective date.
SEC. 2. DEFINITIONS.
Section 1302 of the Children's Online Privacy Protection Act of
1998 (15 U.S.C. 6501) is amended--
(1) by striking paragraphs (5) and (10);
(2) by redesignating paragraphs (2), (3), (4), (6), (7),
(8), and (9) as paragraphs (3), (5), (6), (7), (8), (9), and
(10), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Teenager.--The term `teenager' means an individual
over the age of 12 and under the age of 18.'';
(4) by striking paragraph (3) (as so redesignated) and
inserting the following:
``(3) Covered entity.--The term `covered entity' means--
``(A) any person over which the Commission has
authority under section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2));
``(B) any organization not organized to carry on
business for its own profit or that of its members; and
``(C) any common carrier subject to the
Communications Act of 1934 (47 U.S.C. 151 et seq.) and
all Acts amendatory thereof and supplementary thereto.
``(4) Operator.--The term `operator' means, with respect to
a digital service, the covered entity that operates such
service, to the extent the covered entity is engaged in
operating such service or in processing covered information
obtained in connection with such service.'';
(5) by amending paragraph (6) (as so redesignated) to read
as follows:
``(6) Disclose.--The term `disclose' means, with respect to
covered information, to intentionally or unintentionally
release, transfer, sell, disseminate, share, publish, lease,
license, make available, allow access to, fail to restrict
access to, or otherwise communicate such information.'';
(6) by amending paragraph (9) (as so redesignated) to read
as follows:
``(9) Covered information.--The term `covered
information'--
``(A) means any information that is linked or
reasonably linkable to a specific teenager or child or
to a specific consumer device used mainly by a teenager
or child;
``(B) may include--
``(i) a name, alias, home or other physical
address, online identifier, Internet Protocol
address, email address, account name, Social
Security number, physical characteristics or
description, telephone number, State
identification card number, driver's license
number, passport number, or other similar
identifier;
``(ii) actual or perceived race, religion,
sex, sexual orientation, sexual behavior,
familial status, gender identity, disability,
age, political affiliation, or national origin;
``(iii) commercial information, including
records relating to personal property, products
or services purchased, obtained, or considered,
or other purchasing or consuming histories,
interests, or tendencies;
``(iv) biometric information;
``(v) device identifiers, online
identifiers, persistent identifiers, or digital
fingerprinting information;
``(vi) internet or other electronic network
activity information, including browsing
history, search history, and information
regarding a teenager's or child's interaction
with an internet website, application, or
advertisement;
``(vii) geolocation information;
``(viii) audio, electronic, visual,
thermal, olfactory, or similar information;
``(ix) education information;
``(x) health information;
``(xi) facial recognition information;
``(xii) contents of, attachments to, and
parties to information, including with respect
to electronic mail, text messages, picture
messages, voicemails, audio conversations, and
video conversations;
``(xiii) financial information, including
bank account numbers, credit card numbers,
debit card numbers, or insurance policy
numbers; and
``(xiv) inferences drawn from any of the
information described in this paragraph to
create a profile about a teenager or child
reflecting the teenager's or child's
preferences, characteristics, psychological
trends, predispositions, behavior, attitudes,
intelligence, abilities, or aptitudes; and
``(C) does not include--
``(i) information that is processed solely
for the purpose of employment of a teenager; or
``(ii) de-identified information.'';
(7) by amending paragraph (10) (as so redesignated) to read
as follows:
``(10) Verifiable consent.--The term `verifiable consent'
means express, affirmative consent freely given by a teenager,
or by the parent of a child, to the processing of covered
information of that teenager or child, respectively--
``(A) that is specific, informed, and unambiguous,
taking into account the age and the developmental and
cognitive needs and capabilities of teenagers or
parents of children, as applicable;
``(B) that is given separately for each unrelated
processing activity;
``(C) where the teenager or parent of a child, as
applicable, has not received any financial or other
incentive in exchange for such consent;
``(D) that is given before any processing occurs,
at a time and in a context in which the teenager or
parent of a child, as applicable, would reasonably
expect to make choices concerning such processing;
``(E) that is not obtained through the use of a
design, modification, or manipulation of a user
interface with the purpose or substantial effect of
obscuring, subverting, or impairing user autonomy,
decision making, or choice; and
``(F) that, in the case of consent to the
processing of covered information of a child, is
obtained in a manner that is reasonably calculated to
ensure that the individual giving consent is the parent
of the child.''; and
(8) by adding at the end the following:
``(13) Process.--The term `process' means to perform any
operation or set of operations on covered information, whether
or not by automated means, including collecting, creating,
acquiring, disclosing, sharing, classifying, sorting,
recording, deriving, inferring, obtaining, assembling,
organizing, structuring, storing, retaining, adapting or
altering, using, or retrieving covered information.
``(14) De-identified information; re-identify.--
``(A) De-identified information.--The term `de-
identified information' means information that cannot
reasonably be used to infer information about, or
otherwise be linked to, a specific teenager or child or
specific consumer device of a teenager or child, if the
covered entity that possesses the information--
``(i) takes reasonable measures to ensure
that the information cannot be associated with
a teenager or child;
``(ii) publicly commits to maintain and use
the information in de-identified form and not
to attempt to re-identify the information,
except for the purpose of testing the
sufficiency of the de-identification measures;
and
``(iii) contractually obligates any entity
to which the covered entity discloses the
information to comply with clauses (i) and
(ii).
``(B) Re-identify.--The term `re-identify' means to
link information that has been de-identified to a
specific teenager or child or specific consumer device
of a teenager or child.
``(15) State.--The term `State' means each of the several
States, the District of Columbia, each territory of the United
States, and each federally recognized Indian Tribe.
``(16) Service provider.--The term `service provider' means
a covered entity that--
``(A) processes covered information at the
direction of, and for the sole benefit of, another
covered entity; and
``(B) is contractually or legally prohibited from
processing such covered information for any other
purpose.
``(17) Digital service.--The term `digital service' means a
website, online service, online application, mobile
application, or any other service that processes covered
information digitally.
``(18) Children's service.--The term `children's service'
means--
``(A) a digital service or portion thereof that is
directed to children; or
``(B) any other digital service or portion thereof,
if the operator of the service decides to treat all
users of the service or portion, as the case may be, as
children.
``(19) Privacy risk.--The term `privacy risk' means
potential adverse consequences to an individual, group of
individuals, or society arising from the processing of covered
information, including--
``(A) physical harm;
``(B) psychological or emotional harm;
``(C) negative or harmful outcomes or decisions
with respect to an individual's eligibility for rights,
benefits, or opportunities;
``(D) reputational and dignity harm;
``(E) financial harm, including price
discrimination;
``(F) inconvenience or expenditure of time;
``(G) disruption and intrusion from unwanted
communications or contacts;
``(H) other effects that limit an individual's
choices, influence an individual's responses, or
predetermine results or outcomes for that individual;
and
``(I) other demonstrable adverse consequences that
affect an individual's private life, including private
family matters, actions, and communications within an
individual's home or similar physical, online, or
digital location.
``(20) Privacy and security impact assessment and
mitigation (psiam).--
``(A) In general.--The terms `privacy and security
impact assessment and mitigation' and `PSIAM' mean,
with respect to a digital service, an assessment and
mitigation by the operator of the service of risks to
the children and teenagers who access the service that
arise from the processing of covered information,
taking into account privacy risks, security risks, the
rights and best interests of children and teenagers,
differing ages, capacities, and developmental needs of
children and teenagers, and any significant internal or
external emerging risks, and ensuring that the PSIAM
builds in risk mitigation and compliance with the other
requirements of this title.
``(B) Requirements.--In conducting a PSIAM with
respect to a digital service, the operator of the
service shall do the following:
``(i) Embed the PSIAM into the design
process of the service and complete the PSIAM
before the launch of the service and on an
ongoing basis, and before making significant
changes to the processing of covered
information.
``(ii) Publicly disclose the nature, scope,
context, and purposes of the processing of
covered information.
``(iii) Depending on the size of the
service and level of risks identified--
``(I) seek and document the views
of children, teenagers, and parents (or
their representatives), as well as
experts in children's and teenagers'
developmental needs; and
``(II) take such views into account
in the design of the service.
``(iv) Publicly disclose an explanation of
why the operator's processing of covered
information is necessary and proportionate vis
a vis the risks for the service, and how the
operator complies with the requirements of this
title.
``(v) Assess any processing of covered
information that is not in the best interests
of children or teenagers or that can be
detrimental to their well-being and safety,
whether physical, emotional, developmental, or
material.
``(vi) Identify, assess, and mitigate high-
risk processing of covered information.
``(vii) Identify measures taken to mitigate
the risks identified under clause (vi) and
comply with the other requirements of this
title.
``(viii) Provide for regular internal
reporting on the effectiveness of controls and
residual risks of the operator.
``(C) Auditable by commission.--The Commission may
audit a PSIAM conducted by an operator as the
Commission considers necessary.
``(21) Directed to children.--
``(A) In general.--The term `directed to children'
means, with respect to a digital service, that the
digital service is targeted to children, as
demonstrated by--
``(i) the subject matter of the digital
service;
``(ii) the visual content of the digital
service;
``(iii) the use of animated characters or
child-oriented activities for children, and
related incentives, on the digital service;
``(iv) the music or other audio content on
the digital service;
``(v) the age of models on the digital
service;
``(vi) the presence on the digital service
of--
``(I) child celebrities; or
``(II) celebrities who appeal to
children;
``(vii) the language used on the digital
service;
``(viii) advertising content or promotional
materials used on, or used to advertise or
promote, the digital service;
``(ix) reliable empirical evidence relating
to--
``(I) the composition of the
audience of the digital service,
including--
``(aa) data the operator of
the digital service may
directly or indirectly collect,
use, profile, buy, sell,
classify, or analyze (via
algorithms or other forms of
data analytics, including look-
alike modeling) about a user or
groups of users to estimate,
identify, or classify the age
or age range (or a proxy
thereof) of such user or groups
of users;
``(bb) advertising
information or results, such as
data, reporting, or information
from the internal
communications of the operator
of the digital service,
including documentation about
its advertising practices, such
as an advertisement insertion
order, or other promotional
material to marketers, that
indicates that covered
information is being collected
from children that are using
the digital service;
``(cc) data or reporting
from the general or trade press
of the digital service
indicating that children are
using the digital service;
``(dd) complaints from
parents or other third parties
about child users using the
digital service, whether
through the complaint mechanism
of the digital service, by
email, or by other means; and
``(ee) data or reporting
from a privacy and security
impact assessment and
mitigation, compliance program,
or other compliance, risk
management, or internal process
that documents privacy risks
and controls related to
children's privacy, including
the existence of data analytics
controlled by the operator of
the digital service, including
those of service providers, and
content analytics capabilities
and functions or outputs; and
``(II) the intended audience of the
digital service, including data the
operator of the digital service
directly or indirectly collects, uses,
profiles, buys, sells, classifies, or
analyzes (via algorithms or other forms
of data analytics, including look-alike
modeling) about the nature of the
content of the digital service that
estimates, identifies, or classifies
the content as child-directed or
similarly estimates, identifies, or
classifies the intended or likely
audience for the content;
``(x) representations to third parties
relating to the composition of the audience or
the intended audience of the digital service;
``(xi) actual knowledge that the digital
service is processing the covered information
of children; or
``(xii) any other evidence or circumstances
the Commission determines appropriate.
``(B) Covered information from other services.--A
digital service shall be deemed to be directed to
children if the operator of the digital service has
actual or constructive knowledge that the digital
service collects covered information from users of any
other digital service that is directed to children
under the criteria described in subparagraph (A).
``(C) Signals from third parties.--A digital
service shall be deemed directed to children if the
digital service receives a signal, such as a flag or
other formal industry standard or convention, from
another digital service on which the digital service
receiving the signal is embedded, indicating that the
digital service sending the signal is intended for
children or likely to appeal to children.
``(D) Limitation.--A digital service that does not
target children as its primary audience shall not be
deemed directed to children if the digital service--
``(i) does not collect covered information
from any visitor prior to collecting age
information; and
``(ii) prevents the collection, use, or
disclosure of covered information from visitors
who identify themselves as under age 13 without
first complying with the notice and parental
consent provisions of this title and the
regulations promulgated under this title.
``(E) Further limitation.--A digital service shall
not be deemed directed to children solely because the
digital service refers or links to another digital
service that is directed to children by using
information location tools, including a directory,
index, reference, pointer, or hypertext link.
``(F) Determination regarding a portion of a
digital service.--For purposes of determining whether a
portion of a digital service is directed to children,
any reference in this paragraph to a digital service
shall be considered to refer to such portion.
``(22) Likely to be accessed by children or teenagers.--The
term `likely to be accessed by children or teenagers' means,
with respect to a digital service, that the possibility of more
than a de minimis number of children or teenagers accessing the
digital service is more probable than not. In determining
whether a digital service is likely to be accessed by children
or teenagers, the operator of the service shall consider
whether the service has particular appeal to children or
teenagers and whether effective measures are in place that
prevent children or teenagers from gaining access to the
service.
``(23) Age assurance.--The term `age assurance' means a
verifiable process to estimate or determine the age of a user
of a digital service with a given and documented degree of
certainty.''.
SEC. 3. REQUIREMENTS FOR PROCESSING OF COVERED INFORMATION OF CHILDREN
OR TEENAGERS.
(a) In General.--Section 1303 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6502) is amended to read as follows:
``SEC. 1303. REQUIREMENTS FOR PROCESSING OF COVERED INFORMATION OF
CHILDREN OR TEENAGERS.
``(a) Requirements for Children's Services.--
``(1) Data minimization.--An operator of a children's
service shall process covered information under the principle
of data minimization, requiring the operator to process only
the minimum amount necessary for each purpose for which the
covered information is processed.
``(2) Transparency.--An operator of a children's service
shall develop and make publicly available, at all times and in
a machine-readable format, a privacy policy, in a manner that
is clear, easily understood, and written in plain and concise
language, that includes, with respect to operating the
children's service--
``(A) the categories of covered information that
the operator processes about teenagers and children;
``(B) how and under what circumstances covered
information is collected directly from a teenager or
child;
``(C) the categories and the sources of any covered
information processed by the operator that is not
collected directly from a teenager or child;
``(D) a description of the purposes for which the
operator processes covered information, including--
``(i) a description of whether and how the
operator customizes products or services for
teenagers or children, or adjusts the prices of
products or services for teenagers or children,
based in any part on processing of covered
information;
``(ii) a description of whether and how the
operator, or the operator's affiliates or
service providers, de-identify information,
including the methods used to de-identify such
information; and
``(iii) a description of whether and how
the operator, or the operator's affiliates or
service providers, generate or use any consumer
score to make decisions concerning a teenager
or child, and the source or sources of any such
consumer score;
``(E) a description of how long and the
circumstances under which the operator retains covered
information;
``(F) a description of all of the purposes for
which the operator discloses covered information to
service providers and, on a biennial basis, the
categories of service providers;
``(G) a description of whether and for what
purposes the operator discloses covered information to
third parties, and the categories of covered
information disclosed;
``(H) a description of the categories of third
parties to which covered information described in
subparagraph (G) is disclosed, by category or
categories of covered information for each category of
third party to which the covered information is
disclosed;
``(I) whether the operator discloses covered
information to third parties that sell or plan to sell
such covered information;
``(J) whether the operator collects covered
information about teenagers or children over time and
across different digital services if a teenager or
child uses the operator's digital service;
``(K) how a teenager or a parent of a child can
exercise their rights to access, correct, and delete
such teenager's or child's covered information as set
forth in paragraph (6);
``(L) a listing of all possible consents that may
be obtained by the operator for the processing of
covered information, how a teenager or the parent of a
child can grant, withhold, withdraw, or modify any such
consent, and the consequences of withholding,
withdrawing, or modifying any such consent;
``(M) the effective date of the privacy policy; and
``(N) how the operator will communicate material
changes to the privacy policy to the teenager or the
parent of a child.
``(3) Consent required.--
``(A) In general.--An operator of a children's
service shall--
``(i) provide clear and concise notice to a
teenager or the parent of a child of the items
of covered information about such teenager or
child, respectively, that are processed by such
operator and how such operator processes such
covered information;
``(ii) obtain verifiable consent for such
processing; and
``(iii) if such operator determines,
including through actual or constructive
knowledge, that such operator has not obtained
verifiable consent for any specific processing
of covered information about a teenager or
child, not later than 48 hours after such
determination--
``(I) obtain verifiable consent; or
``(II) delete all covered
information about such teenager or
child.
``(B) When consent not required.--Verifiable
consent under this paragraph is not required in the
case of--
``(i) online contact information collected
from a teenager or child that--
``(I) is used only to respond
directly on a one-time basis to a
specific request from the teenager or
child;
``(II) is not used to re-contact
the teenager or child; and
``(III) is not retained by the
operator after responding as described
in subclause (I);
``(ii) a request for the name or online
contact information of a teenager or the parent
of a child that is used for the sole purpose of
obtaining verifiable consent or providing
notice under subparagraph (A)(i), where such
information is not retained by the operator if
verifiable consent is not obtained within 48
hours; or
``(iii) the processing of covered
information that is necessary--
``(I) to respond to judicial
process; or
``(II) to the extent permitted
under other provisions of law, to
provide information to law enforcement
agencies or for an investigation on a
matter related to public safety.
``(C) Withdrawal of consent.--
``(i) Mechanism for withdrawal.--An
operator of a children's service shall provide
a teenager or the parent of a child, as
applicable--
``(I) a mechanism to withdraw
consent to the processing of covered
information at any time in a manner
that is as easy as the mechanism to
give consent; and
``(II) clear and conspicuous notice
of the mechanism required by subclause
(I).
``(ii) Effect of withdrawal on prior
processing.--Withdrawal of consent to the
processing of covered information shall not be
construed to affect the lawfulness of any
processing of covered information based on
verifiable consent that was in effect before
such withdrawal.
``(D) Prohibition on limiting or discontinuing
service.--An operator of a children's service may not
refuse to provide a service, or discontinue a service
provided, to a teenager or child, if the teenager or
parent of the child, as applicable, refuses to consent,
or withdraws consent, to the processing of any covered
information not technically required for the operator
to provide such service.
``(4) Retention of data.--
``(A) Retention limitations.--Subject to the
exceptions provided in subparagraph (B), an operator of
a children's service may not keep, retain, or otherwise
store covered information for longer than is reasonably
necessary for the purposes for which the covered
information is processed.
``(B) Exceptions.--Further retention of covered
information does not violate subparagraph (A) if the
processing of the covered information is necessary and
done solely for the purposes of--
``(i) compliance with--
``(I) requirements to document
compliance under this title; or
``(II) other laws, regulations, or
legal obligations;
``(ii) preventing risks to the health or
safety of a child or teenager or groups of
children or teenagers; or
``(iii) repairing errors that impair the
existing (as of the time when the repairs are
made) functionality of the children's service.
``(5) Limitation on disclosing covered information to third
parties.--
``(A) Disclosures.--Subject to the exceptions
provided in subparagraph (C), an operator of a
children's service may not disclose covered information
to a third party unless the operator has a written
agreement with such third party that--
``(i) specifies all of the purposes for
which the third party may process the covered
information for which the operator has
verifiable consent;
``(ii) prohibits the third party from
processing covered information for any purpose
other than the purposes specified under clause
(i); and
``(iii) requires the third party to provide
at least the same level of privacy and security
protections as the operator.
``(B) Responsibilities of operators regarding third
parties.--An operator of a children's service--
``(i) shall perform reasonable due
diligence in selecting any third party with
which to enter into an agreement described in
subparagraph (A) and shall exercise reasonable
oversight over all such third parties to assure
compliance with the requirements of this title
and the regulations promulgated under this
title; and
``(ii) if the operator has actual or
constructive knowledge that a third party has
violated an agreement described in subparagraph
(A), shall--
``(I) to the extent practicable,
promptly take steps to ensure
compliance with such agreement; and
``(II) promptly report to the
Commission that such a violation
occurred.
``(C) Exceptions.--An operator of a children's
service may disclose covered information to a third
party other than under an agreement described in
subparagraph (A) if such disclosure is necessary and
done solely for the purposes of--
``(i) compliance with--
``(I) requirements to document
compliance under this title; or
``(II) other laws, regulations, or
legal obligations;
``(ii) preventing risks to the health or
safety of a child or teenager or groups of
children or teenagers; or
``(iii) repairing errors that impair the
existing (as of the time when the repairs are
made) functionality of the children's service.
``(6) Right to access, correct, and delete covered
information.--
``(A) Access.--An operator of a children's service,
subject to the exceptions in subparagraph (D), shall,
upon request of a teenager or the parent of a child and
after proper identification of such teenager or parent,
promptly provide to such teenager or parent, as
applicable--
``(i) access to all covered information
processed by the operator pertaining to such
teenager or child, including a description of--
``(I) each type of covered
information processed by the operator
pertaining to the teenager or child, as
applicable;
``(II) each purpose for which the
operator processes each category of
covered information pertaining to the
teenager or child, as applicable;
``(III) the names of each third
party to which the operator disclosed
the covered information;
``(IV) each source other than the
teenager or child, as applicable, from
which the operator obtained covered
information pertaining to that teenager
or child, as applicable;
``(V) how long the covered
information will be retained or stored
by the operator and, if not known, the
criteria the operator uses to determine
how long the covered information will
be retained or stored by the operator;
and
``(VI) with respect to any consumer
score of the teenager or child, as
applicable, processed by the operator--
``(aa) how such score is
used by the operator to make
decisions with respect to that
teenager or child, as
applicable; and
``(bb) the source that
created the score if not
created by the operator; and
``(ii) a simple and reasonable mechanism by
which a teenager or parent of a child may
request access to the information described
under clause (i), as applicable.
``(B) Deletion.--An operator of a children's
service, subject to the exceptions in subparagraph (D),
shall--
``(i) establish a simple, publicly and
easily accessible, and reasonable mechanism by
which a teenager or parent of a child with
respect to whom the operator processes covered
information may request the operator to delete
any such covered information (or any component
thereof), including publicly available covered
information submitted to the service by the
child or teenager; and
``(ii) delete such covered information not
later than 45 days after receiving such
request.
``(C) Correction.--An operator of a children's
service, subject to the exceptions in subparagraph (D),
shall--
``(i) provide each teenager or parent of a
child with respect to whom the operator
processes covered information, as applicable, a
simple, publicly and easily accessible, and
reasonable mechanism by which that teenager or
parent may submit a request to the operator--
``(I) to dispute the accuracy or
completeness of that covered
information, or part or component
thereof; and
``(II) to request that such covered
information, or part or component
thereof, be corrected for accuracy or
completeness; and
``(ii) not later than 45 days after
receiving a request under clause (i)--
``(I) determine whether the covered
information disputed or requested to be
corrected is inaccurate or incomplete;
and
``(II) correct the accuracy or
completeness of any covered information
determined by the operator to be
inaccurate or incomplete.
``(D) Exceptions.--An operator of a children's
service may deny a request made under subparagraph (A),
(B), or (C) if--
``(i) the operator is unable to verify the
identity of the teenager or parent of a child
making the request after making a reasonable
effort to verify the identity of such teenager
or parent;
``(ii) with respect to the request made,
the operator determines that--
``(I) the operator is limited from
fulfilling the request by law, legally
recognized privilege, or other legal
obligation; or
``(II) fulfilling the request would
create a legitimate risk to the
privacy, security, or safety of someone
other than the teenager or child, as
applicable;
``(iii) with respect to a request to delete
covered information made under subparagraph (B)
or a request to correct covered information
made under subparagraph (C), the operator
determines that the retention of the covered
information is necessary to--
``(I) complete the transaction with
the teenager or child, as applicable,
for which the covered information was
collected;
``(II) provide a product or service
affirmatively requested by the teenager
or parent of a child, as applicable;
``(III) perform a contract with the
teenager or a parent of a child, as
applicable, including a contract for
billing, financial reporting, or
accounting;
``(IV) keep a record of the covered
information for law enforcement
purposes; or
``(V) repair errors that impair the
existing (as of the time when the
repairs are made) functionality of the
children's service; or
``(iv) the covered information is used in
public or peer-reviewed scientific, medical, or
statistical research in the public interest
that adheres to commonly accepted ethical
standards or laws, with informed consent
consistent with section 50.20 of title 21, Code
of Federal Regulations, if the research is
already in progress at the time when the
request to access, delete, or correct is made
under subparagraph (A), (B), or (C).
``(E) Prohibition on limiting or discontinuing
service.--An operator of a children's service may not
refuse to provide a service, or discontinue a service
provided, to a teenager or child on the basis of the
exercise by the teenager or the parent of the child, as
applicable, of any of the rights set forth in this
paragraph.
``(7) Additional prohibited practices with respect to
teenagers and children.--
``(A) In general.--An operator of a children's
service may not--
``(i) process any covered information in a
manner that is inconsistent with what a
reasonable teenager or parent of a child would
expect in the context of a particular
transaction or the teenager's or parent's
relationship with such operator, or seek to
obtain verifiable consent for such processing;
``(ii) process any covered information in a
manner that is harmful or has been shown to be
detrimental to the well-being of children or
teenagers;
``(iii) process covered information for the
purpose of providing for targeted personalized
advertising or engage in other marketing to a
specific child or teenager or group of children
or teenagers based on--
``(I) using the covered
information, online behavior, or group
identifiers of such child or teenager
or of the children or teenagers in such
group; or
``(II) using the covered
information or online behavior of
children or teenagers who share
characteristics with such child or
teenager or with the children or
teenagers in such group, including
income level or protected
characteristics or proxies thereof;
``(iv) condition the participation of a
child or teenager in a game, sweepstakes, or
other contest on consenting to the processing
of more covered information than is necessary
for such child or teenager to participate;
``(v) engage in cross-device tracking of a
child or teenager unless the child or teenager
is logged in to a specific service, for the
sole purpose of facilitating the primary
purpose of the service or a specific feature
thereof;
``(vi) engage in algorithmic processes that
harmfully discriminate on the basis of race,
age, gender, ability, or other protected
characteristics;
``(vii) disclose biometric information,
except to a service provider of the operator;
``(viii) disclose geolocation information,
except to a service provider of the operator;
or
``(ix) collect geolocation information by
default or without disclosing clearly when
geolocation tracking is in effect.
``(B) Exceptions.--Nothing in subparagraph (A)
shall prohibit an operator from processing covered
information if the processing of the covered
information is necessary and done solely for the
purposes of--
``(i) compliance with--
``(I) requirements to document
compliance under this title; or
``(II) other laws, regulations, or
legal obligations;
``(ii) preventing risks to the health or
safety of a child or teenager or groups of
children or teenagers; or
``(iii) repairing errors that impair the
existing (as of the time when the repairs are
made) functionality of the children's service.
``(8) Security requirements.--
``(A) In general.--An operator of a children's
service shall establish, implement, and maintain
reasonable security policies, practices, and procedures
for the protection of covered information, taking into
consideration--
``(i) the size, nature, scope, and
complexity of the activities engaged in by such
operator;
``(ii) the sensitivity of any covered
information at issue; and
``(iii) the cost of implementing such
policies, practices, and procedures.
``(B) Specific requirements.--The policies,
practices, and procedures established by an operator
under subparagraph (A) shall include the following:
``(i) A written security policy with
respect to the processing of such covered
information.
``(ii) The identification of an officer or
other individual as the point of contact with
responsibility for the management of
information security.
``(iii) A process for identifying and
assessing any reasonably foreseeable
vulnerabilities in the system or systems
maintained by such operator that contain such
covered information, including regular
monitoring for a breach of security of such
system or systems.
``(iv) A process for taking preventive and
corrective action to mitigate against any
vulnerabilities identified in the process
required by clause (iii), which may include--
``(I) implementing any changes to
the security practices, architecture,
installation, or implementation of
network or operating software; and
``(II) regular testing or otherwise
monitoring the effectiveness of the
safeguards.
``(v) A process for determining if the
covered information is no longer needed and
deleting such covered information by shredding,
permanently erasing, or otherwise modifying the
covered information to make such covered
information permanently unreadable or
indecipherable.
``(vi) A process for overseeing persons
(other than users of the children's service)
who have access to covered information,
including through internet-connected devices,
by--
``(I) taking reasonable steps to
select and retain persons that are
capable of maintaining appropriate
safeguards for the covered information
or internet-connected devices at issue;
and
``(II) requiring all such persons
to implement and maintain such
safeguards.
``(vii) A process for employee training and
supervision for implementation of the policies,
practices, and procedures required by this
subsection.
``(viii) A written plan or protocol for
internal and public response in the event of a
breach of security.
``(C) Periodic assessment and consumer privacy and
data security modernization.--An operator of a
children's service shall, not less frequently than
every 12 months, monitor, evaluate, and adjust, as
appropriate, the policies, practices, and procedures of
such operator in light of any relevant changes in--
``(i) technology;
``(ii) internal or external threats and
vulnerabilities to covered information; and
``(iii) the changing business arrangements
of the operator.
``(D) Submission of policies to the ftc.--An
operator of a children's service shall submit the
policies, practices, and procedures established by the
operator under subparagraph (A) to the Commission in
conjunction with a notification of a breach of security
required by any Federal or State statute or regulation
or upon request of the Commission.
``(b) Rulemaking Regarding Requirements for Digital Services Likely
To Be Accessed by Children or Teenagers.--
``(1) In general.--The Commission shall promulgate
regulations under section 553 of title 5, United States Code,
that contain requirements for operators of digital services
that are not children's services but are likely to be accessed
by children or teenagers, which shall be based on the
requirements of subsection (a) but modified as the Commission
considers appropriate given a risk-based approach to determine
age and to determine and mitigate privacy risks and security
risks to the child or teenager, and given differing
developmental needs and cognitive capacities of children or
teenagers. The Commission may include in such regulations
different requirements for operators of different types of such
services.
``(2) Best interests of child or teenager.--The regulations
promulgated under paragraph (1) shall require an operator to
make the best interests of children and teenagers a primary
design consideration when designing its service, including by
conducting a privacy and security impact assessment and
mitigation for the service.
``(3) Risk-based approach to determining age of user.--
``(A) In general.--The regulations promulgated
under paragraph (1) shall require a risk-based approach
to determining the age of a specific user of a digital
service under which higher privacy risks and security
risks from the processing of covered information
require a higher certainty of age assurance.
``(B) Age assurance.--The regulations promulgated
under paragraph (1) shall require an operator to
conduct an age assurance to determine the age of each
specific user.
``(C) Approval of age assurance mechanisms.--The
Commission shall establish in the regulations
promulgated under paragraph (1) a process under which
an operator may obtain the approval of the Commission
of particular mechanisms of age assurance as meeting
the age assurance requirements of such regulations for
particular levels of privacy risks.
``(D) Data minimization.--The regulations required
by paragraph (1) shall provide that any data collected
for age assurance shall be the minimal amount necessary
and destroyed immediately or as determined by the
Commission, but consistent with standards that still
allow for auditing and compliance.
``(c) Prohibition on Certain Advertising or Marketing for Digital
Services Likely To Be Accessed by Children or Teenagers.--An operator
of a digital service that is likely to be accessed by children or
teenagers may not process covered information for the purpose of
providing for targeted personalized advertising or engage in other
marketing to a specific child or teenager or group of children or
teenagers based on--
``(1) using the covered information, online behavior, or
group identifiers of such child or teenager or of the children
or teenagers in such group; or
``(2) using the covered information or online behavior of
children or teenagers who share characteristics with such child
or teenager or with the children or teenagers in such group,
including income level or protected characteristics or proxies
thereof.
``(d) Implementing Regulations.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Protecting the Information of our
Vulnerable Adolescents, Children, and Youth Act, the Commission
shall promulgate, under section 553 of title 5, United States
Code, such regulations as may be necessary to carry out this
section, including the regulations required by subsection (b).
``(2) Review and revision.--Not later than 10 years after
the date on which the Commission promulgates the regulations
required by paragraph (1), the Commission shall review such
regulations and, if the Commission considers revisions to such
regulations appropriate, promulgate such revisions under
section 553 of title 5, United States Code.
``(e) Enforcement.--Subject to section 1306, a violation of this
section or a regulation promulgated under this section shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).''.
(b) Conforming Amendments.--Section 1305 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6504) is amended--
(1) in subsection (a)(1)--
(A) by striking ``any regulation of the Commission
prescribed under section 1303(b)'' and inserting
``section 1303 or a regulation promulgated under such
section''; and
(B) in subparagraph (B), by striking ``the
regulation'' and inserting ``such section or such
regulation''; and
(2) in subsection (d)--
(A) by striking ``any regulation prescribed under
section 1303'' and inserting ``section 1303 or a
regulation promulgated under such section''; and
(B) by striking ``that regulation'' and inserting
``such section or such regulation''.
SEC. 4. REPEAL OF SAFE HARBORS PROVISION.
(a) In General.--Section 1304 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6503) is repealed.
(b) Conforming Amendment.--Section 1305(b) of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6504(b)) is amended by
striking paragraph (3).
SEC. 5. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) Enforcement by Federal Trade Commission.--Section 1306(d) of
the Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6505(d)) is amended to read as follows:
``(d) Actions by the Commission.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Commission shall prevent any person from violating
section 1303 or a regulation promulgated under such 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 (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
title, and any person who violates such section or such
regulation shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with
the same jurisdiction, power, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act were incorporated into and made a part of this title.
``(2) Increased civil penalty amount.--In the case of a
civil penalty under subsection (l) or (m) of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) relating to acts or
practices in violation of section 1303 or a regulation
promulgated under such section, the maximum dollar amount per
violation shall be $63,795.
``(3) Nonprofit organizations and common carriers.--
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 other
jurisdictional limitation of the Commission, the Commission
shall also enforce section 1303 or a regulation promulgated
under such section in the same manner as otherwise provided in
this title with respect to--
``(A) any organization not organized to carry on
business for its own profit or that of its members; and
``(B) any common carrier subject to the
Communications Act of 1934 (47 U.S.C. 151 et seq.) and
all Acts amendatory thereof and supplementary
thereto.''.
(b) Enforcement by Certain Other Agencies.--Section 1306 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case
of'' and all that follows and inserting the following:
``by the appropriate Federal banking agency, with
respect to any insured depository institution (as those
terms are defined in section 3 of that Act (12 U.S.C.
1813));'';
(B) in paragraph (6), by striking ``Federal land
bank, Federal land bank association, Federal
intermediate credit bank, or production credit
association'' and inserting ``Farm Credit Bank,
Agricultural Credit Bank (to the extent exercising the
authorities of a Farm Credit Bank), Federal Land Credit
Association, or agricultural credit association''; and
(C) by striking paragraph (2) and redesignating
paragraphs (3) through (6) as paragraphs (2) through
(5), respectively; and
(2) in subsection (c), by striking ``subsection (a)'' each
place it appears and inserting ``subsection (b)''.
SEC. 6. REVIEW.
Section 1307 of the Children's Online Privacy Protection Act of
1998 (15 U.S.C. 6506) is amended--
(1) in the matter preceding paragraph (1), by striking
``the regulations initially issued under section 1303'' and
inserting ``the regulations required by subsection (d)(1) of
section 1303, as amended by the Protecting the Information of
our Vulnerable Adolescents, Children, and Youth Act''; and
(2) by amending paragraph (1) to read as follows:
``(1) review the implementation of this title, including
the effect of the implementation of this title on practices
relating to the processing of covered information about
teenagers or children and teenager's and children's ability to
obtain access to information of their choice online; and''.
SEC. 7. PRIVATE RIGHT OF ACTION.
The Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501 et seq.) is amended--
(1) by redesignating sections 1307 and 1308 as sections
1308 and 1309, respectively; and
(2) by inserting after section 1306 the following:
``SEC. 1307. PRIVATE RIGHT OF ACTION.
``(a) Right of Action.--Any parent of a teenager or parent of a
child alleging a violation of section 1303 or a regulation promulgated
under such section with respect to the covered information of such
teenager or child may bring a civil action in any court of competent
jurisdiction.
``(b) Injury in Fact.--A violation of section 1303 or a regulation
promulgated under such section with respect to the covered information
of a teenager or child constitutes an injury in fact to that teenager
or child.
``(c) Relief.--In a civil action brought under subsection (a) in
which the plaintiff prevails, the court may award--
``(1) injunctive relief;
``(2) actual damages;
``(3) punitive damages;
``(4) reasonable attorney's fees and costs; and
``(5) any other relief that the court determines
appropriate.
``(d) Pre-Dispute Arbitration Agreements.--
``(1) In general.--No pre-dispute arbitration agreement or
pre-dispute joint-action waiver shall be valid or enforceable
with respect to any claim arising under section 1303 or a
regulation promulgated under such section.
``(2) Determination.--A determination as to whether and how
this title or a regulation promulgated under this title applies
to an arbitration agreement shall be determined under Federal
law by the court, rather than the arbitrator, irrespective of
whether the party opposing arbitration challenges such
agreement specifically or in conjunction with any other term of
the contract containing such agreement.
``(3) Definitions.--As used in this subsection--
``(A) the term `pre-dispute arbitration agreement'
means any agreement to arbitrate a dispute that has not
arisen at the time of the making of the agreement; and
``(B) the term `pre-dispute joint-action waiver'
means an agreement, whether or not part of a pre-
dispute arbitration agreement, that would prohibit, or
waive the right of, one of the parties to the agreement
to participate in a joint, class, or collective action
in a judicial, arbitral, administrative, or other
forum, concerning a dispute that has not yet arisen at
the time of the making of the agreement.
``(e) Non-Waiveability.--The rights and remedies provided under
this title may not be waived or limited by contract or otherwise.''.
SEC. 8. RELATIONSHIP TO OTHER LAW.
Section 1306 of the Children's Online Privacy Protection Act of
1998 (15 U.S.C. 6505) is further amended by adding at the end the
following:
``(f) Relationship to Other Law.--
``(1) Other federal privacy or security provisions.--
Nothing in this title or a regulation promulgated under this
title may be construed to modify, limit, or supersede the
operation of any privacy or security provision in any other
Federal statute or regulation.
``(2) State law.--Nothing in this title or a regulation
promulgated under this title may be construed to preempt,
displace, or supplant any State common law or statute, except
to the extent that any such common law or statute specifically
and directly conflicts with the provisions of this title or a
regulation promulgated under this title, and then only to the
extent of the specific and direct conflict. Any such common law
or statute is not in specific and direct conflict if it affords
a greater level of protection to a child or teenager than the
provisions of this title or a regulation promulgated under this
title.
``(3) Section 230 of the communications act of 1934.--
Nothing in section 230 of the Communications Act of 1934 (47
U.S.C. 230) may be construed to impair or limit the provisions
of this title or a regulation promulgated under this title.''.
SEC. 9. ADDITIONAL CONFORMING AMENDMENT.
The heading of title XIII of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-
277; 112 Stat. 2681-728) is amended by inserting ``AND TEENAGER'S''
after ``CHILDREN'S''.
SEC. 10. YOUTH PRIVACY AND MARKETING DIVISION.
(a) Establishment.--There is established within the Commission a
division to be known as the Youth Privacy and Marketing Division.
(b) Director.--The Youth Privacy and Marketing Division shall be
headed by a Director, who shall be appointed by the Chairman of the
Commission.
(c) Duties.--The Youth Privacy and Marketing Division shall be
responsible for assisting the Commission in addressing, as it relates
to this Act and the amendments made by this Act--
(1) the privacy of children and teenagers; and
(2) marketing directed at children and teenagers.
(d) Staff.--The Youth Privacy and Marketing Division shall be
comprised of adequate staff to carry out the duties under subsection
(c), including individuals who are experts in data protection, digital
advertising, data analytics, and youth development.
(e) Reports.--Not later than 1 year after the date of the enactment
of this Act, and every 2 years thereafter, the Director of the Youth
Privacy and Marketing Division shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
includes--
(1) a description of the work of the Youth Privacy and
Marketing Division on emerging concerns relating to youth
privacy and marketing practices; and
(2) an assessment of how effectively the Commission has,
during the period for which the report is submitted, addressed
youth privacy and marketing practices.
(f) Definitions.--In this section, the terms ``child'' and
``teenager'' have the meanings given such terms in section 1302 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501), as
amended by this Act.
SEC. 11. COMMISSION DEFINED.
In this Act, the term ``Commission'' means the Federal Trade
Commission.
SEC. 12. EFFECTIVE DATE.
The amendments made by this Act, except for subsection (d)(1) of
section 1303 of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6502), shall take effect on the date that is 1 year after
the date on which the Commission promulgates the regulations required
by such subsection (d)(1).
<all>
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118HR2802 | Improving Mental Health Access for Students Act | [
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] | <p><strong>Improving Mental Health Access for Students Act</strong></p> <p>This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to share contact information for suicide prevention resources with students. </p> <p>If IHEs distribute student identification cards, then they must include on the cards phone numbers for the National Suicide Prevention Lifeline, the Crisis Text Line, and a campus mental-health center or program.</p> <p>If IHEs do not create such cards, then they must publish the numbers on their websites.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2802 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2802
To add suicide prevention resources to school identification cards.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Correa (for himself and Mr. Stewart) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To add suicide prevention resources to school identification cards.
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 Mental Health Access for
Students Act''.
SEC. 2. ADDING SUICIDE PREVENTION CONTACT INFORMATION TO SCHOOL
IDENTIFICATION CARDS.
(a) In General.--Section 487(a) of the Higher Education Act of 1965
(20 U.S.C. 1094(a)) is amended by adding at the end the following:
``(30)(A) In the case of an institution that creates and
distributes identification cards for students at any time after
the date of enactment of this paragraph, such institution shall
include phone contact information on each such card for the
following organizations:
``(i) The National Suicide Prevention Lifeline.
``(ii) Crisis Text Line.
``(iii) A campus mental health center or program,
as determined by the institution.
``(B) In the case of an institution that does not create
and distribute identification cards for students at any time
after the date of enactment of this paragraph, such institution
shall publish the suicide prevention contact information
specified in subparagraph (A) on the website of such
institution.
``(C) If an organization in clause (i) or (ii) of
subparagraph (A) ceases to exist, the Secretary may designate a
different entity with a similar purpose to be included on the
identification card.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning on the day that is 1 year after the date of
enactment of this Act.
<all>
</pre></body></html>
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118HR2803 | Armenian Genocide Education Act | [
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"P0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2803 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2803
To direct the Librarian of Congress to carry out activities to support
Armenian Genocide education programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Ms. Eshoo (for herself, Mr. Lieu, Mr. Bilirakis, Mr. Valadao, Mr.
Pallone, Mr. Morelle, Ms. Meng, Mr. Swalwell, Ms. Norton, Ms. Sanchez,
Ms. Schakowsky, Mr. Costa, Mr. Sherman, Ms. Pingree, Ms. Lee of
California, Mr. Auchincloss, Ms. Porter, Mrs. Trahan, Mr. Gomez, Mr.
Schneider, Mr. Keating, Mr. McGovern, Ms. Spanberger, Mr. Sarbanes, Mr.
Cardenas, Mr. Cicilline, Ms. Titus, Ms. Stevens, Ms. Chu, Mr.
Gottheimer, Mr. Larsen of Washington, Ms. Malliotakis, Ms. Barragan,
Ms. Tlaib, Mr. Mullin, Ms. Crockett, Mr. Schiff, Ms. Kamlager-Dove,
Mrs. Lee of Nevada, Ms. Sherrill, Mr. Huffman, and Ms. Jacobs)
introduced the following bill; which was referred to the Committee on
House Administration
_______________________________________________________________________
A BILL
To direct the Librarian of Congress to carry out activities to support
Armenian Genocide education 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 ``Armenian Genocide Education Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has demonstrated a commitment to
remembrance and education about the Armenian Genocide of 1915-
1923 through the United States Government's May 28, 1951,
written statement to the International Court of Justice
regarding the Convention on the Prevention and Punishment of
the Crime of Genocide; through President Ronald Reagan's
Proclamation No. 4838 on April 22, 1981; by H.J. Res 148,
adopted on April 8, 1975; H.J. Res 247, adopted on September
10, 1984; H. Res. 296, adopted on October 29, 2019; S. Res.
150, adopted on December 12, 2019; and President Joe Biden's
April 24, 2021, statement recognizing the Armenian Genocide.
(2) H. Res. 296 and S. Res. 150 cite the Ottoman Empire's
``campaign of genocide against Armenian, Greek, Assyrian,
Chaldean, Syriac, Aramean, Maronite and other Christians'', and
call on the United States to--
(A) ``reject efforts to enlist, engage, or
otherwise associate the United States Government with
denial of the Armenian Genocide or any other
genocide''; and
(B) ``encourage education and public understanding
of the facts of the Armenian Genocide, including the
United States role in the humanitarian relief effort,
and the relevance of the Armenian Genocide to modern-
day crimes against humanity''.
(3) Today, those who deny that the Ottoman Empire
systematically planned, organized, and implemented a campaign
of genocide against Armenian, Greek, Assyrian, Chaldean,
Syriac, Aramean, Maronite, and other Christians or who seek to
distort the true nature of these crimes continue to find
forums, especially online. This denial and distortion dishonors
those who were persecuted, murdered, dispossessed, and exiled,
making it even more of a national imperative to educate
students in the United States so that they may explore the
lessons that these crimes provide for all people, sensitize
communities to the circumstances that gave rise to these
crimes, and help youth be less susceptible to the falsehood of
genocide denial and distortion and to the destructive messages
of hate that arise from denial and distortion.
SEC. 3. DEFINITIONS.
In this Act:
(1) Armenian genocide.--The term ``Armenian Genocide''
means Ottoman Turkey's systematic and deliberate state-
sponsored mass murder, national dispossession, cultural
erasure, and exile of millions of Armenians, Greeks, Assyrians,
Chaldeans, Syriacs, Arameans, Maronites, and other Christians,
between 1915 and 1923.
(2) Armenian genocide education program.--The term
``Armenian Genocide education program'' means a program that
has as its specific and primary purpose the improvement of
awareness and understanding of the history, lessons,
consequences, and ongoing costs of the Armenian Genocide, and
which will serve as a means of promoting justice and preventing
genocide, hate, and bigotry against any group of people.
(3) Denial.--The term ``denial'' refers to discourse and
propaganda that claims that the Armenian Genocide did not take
place.
(4) Distortion.--The term ``distortion'' refers
specifically to any attempt to excuse or minimize, in its
entirety or in its principal elements, the Armenian Genocide,
including efforts to blame the victims for causing their own
genocide, or to portray the Armenian Genocide as a positive
historical event.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 21
7801).
SEC. 4. PROGRAM DESCRIBED.
(a) Establishment and Operation of Program.--The Librarian of
Congress shall establish and carry out a program to support Armenian
Genocide education programs by--
(1) carrying out the activities described in subsection
(b);
(2) entering into agreements with program participants
under section 5; and
(3) providing online resources under section 6.
(b) Activities.--The activities described in this subsection are as
follows:
(1) The development and national dissemination of accurate,
relevant, and accessible resources to promote understanding
about how and why the Armenian Genocide happened, which shall
include digital resources and may include other types of
resources, such as print resources and traveling exhibitions.
(2) The development, national dissemination, and
implementation of principles of sound pedagogy for teaching
about the Armenian Genocide.
(3) The provision of professional development services for
entities participating in the program under an agreement
entered into under section 5, such as through--
(A) local, regional, and national workshops and
teacher trainings in conjunction with genocide
education centers and other appropriate partners;
(B) engagement with local educational agencies and
high schools and schools that include one of the middle
grades that are independent of any local educational
agency; and
(C) the operation and expansion of a teacher
fellowship program to cultivate and support leaders in
Armenian Genocide education.
(4) Engagement with State and local education leaders to
encourage the adoption of the resources developed and supported
under the program established by this Act into curricula across
diverse disciplines.
(5) Evaluation and research to assess the effectiveness and
impact of the Armenian Genocide education programs and the
other activities carried out under the program established by
this Act, which may include the preparation and use of material
for the annual report required under section 8.
SEC. 5. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.
(a) Agreements With Program Participants.--The Librarian of
Congress may enter into agreements with eligible entities under which
such entities may serve as program participants in the program
established by this Act.
(b) Contents of Agreements.--An agreement entered into under this
section between the Librarian and an eligible entity shall include the
following elements:
(1) A description of the services and assistance provided
to the entity by the Librarian.
(2) A description of the activities to be carried out by
the entity with such services and assistance.
(3) The length of the period in which the agreement shall
be in effect.
(4) Such other elements as may be agreed to by the
Librarian and the entity, consistent with the program
established by this Act.
(c) Eligibility.--An entity is eligible to serve as a program
participant in the program established by this Act if--
(1) the entity is a local educational agency, a school that
is independent of any local educational agency, or an entity
that works with or for a local educational agency or a school
that is independent of any local educational agency; and
(2) the entity submits to the Librarian, at such time and
in such form as the Librarian may require, an application
containing such information and assurances as the Librarian may
require.
(d) Priority.--In selecting among eligible entities for
participating in the program established under this Act, the Librarian
shall give priority to applications from entities who are local
educational agencies, schools that are independent of any local
educational agency, or entities that work with or for a local
educational agency or a school that is independent of any local
educational agency, that do not, at the time application is made, offer
any Armenian Genocide education program.
SEC. 6. ONLINE EDUCATION RESOURCES.
(a) Website.--The Librarian of Congress shall maintain on the
website of the Library of Congress a publicly available special section
designated for Armenian Genocide education resources to improve
awareness and understanding of this Genocide and educate individuals on
the lessons of the Armenian Genocide as a means to raise awareness
about the importance of preventing genocide, hate, and bigotry against
any group of people.
(b) Information Distribution.--The Librarian shall distribute
information about the activities funded under this Act through the
website of the Library of Congress, and shall respond to inquiries for
supplementary information concerning such activities.
(c) Best Practices.--The information distributed by the Librarian
under this section shall include best practices for educators on how to
teach about the Armenian Genocide.
SEC. 7. PRIVATE SUPPORT.
(a) Acceptance of Donations.--The Librarian of Congress may
solicit, accept, hold, administer, invest, and use donated funds and
gifts, bequests, and devises of property, both real and personal, to
support the activities carried out under this Act, subject to
subsection (c).
(b) Establishment of Separate Gift Account.--There is established
in the Treasury (among the accounts of the Library of Congress) a gift
account for the activities carried out under this Act.
(c) Dedication of Funds.--Notwithstanding any other provision of
law--
(1) any funds donated to the Librarian to carry out
activities under this Act shall be deposited entirely into the
gift account established under subsection (b);
(2) the funds contained in such account shall be used
solely to carry out activities under this Act; and
(3) the Librarian may not deposit into such account any
funds donated to the Librarian which are not donated for the
exclusive purpose of carrying out activities under this Act.
SEC. 8. ANNUAL REPORT.
Not later than February 1 of each year (beginning with 2024), the
Librarian of Congress shall submit to the Congress a report describing
the activities carried out under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$2,000,000 for fiscal year 2024 and each of the 4 succeeding fiscal
years.
<all>
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118HR2804 | Harm Reduction Through Community Engagement Act of 2023 | [
[
"E000297",
"Rep. Espaillat, Adriano [D-NY-13]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2804
To amend the Controlled Substances Act with respect to the registration
of opioid treatment programs to increase stakeholder input from
relevant communities and to ensure such programs are treating patients
in need, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Espaillat 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 amend the Controlled Substances Act with respect to the registration
of opioid treatment programs to increase stakeholder input from
relevant communities and to ensure such programs are treating patients
in need, 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 ``Harm Reduction Through Community
Engagement Act of 2023''.
SEC. 2. OPIOID TREATMENT PROGRAM REGISTRATION REQUIREMENTS.
(a) In General.--Paragraph (1) of section 303(h) of the Controlled
Substances Act (21 U.S.C. 823(h)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) if the Secretary determines that--
``(i) the applicant will address community impacts
in accordance with paragraph (3);
``(ii) the treatment will not be provided within
one-half mile of a public or private licensed day care
center, a public or private elementary or secondary
school, a learning center, a playground, or another
drug treatment facility or program;
``(iii) the applicant justifies patient need for
the treatment in the community involved;
``(iv) the applicant will actively promote the use
of telehealth so as to minimize the need for patients
to physically appear for treatment;
``(v) the applicant will designate a community
liaison responsible for developing and maintaining
cooperative relationships with local elected officials,
local law enforcement, and local community-based
organizations including nonprofit organizations that
provide social services;
``(vi) the applicant will work with a customer
relationship management system of the local government
(or establish and operate a customer relationship
management system if none exists) to track and report
data on the number of service requests received by such
system pertaining to drug abuse and treatment in the
community involved; and
``(vii) the applicant will report to the Secretary
treatment performance measurement data, including data
concerning--
``(I) how many patients seek effective
long-term addiction treatment; and
``(II) the effectiveness of the use of
telehealth in patient treatment plans,
including how many patients are using
telehealth and the outcomes or progress of such
patients.''.
(b) Community Impact Consideration.--Section 303(h) of the
Controlled Substances Act (21 U.S.C. 823(h)) is amended by adding at
the end the following:
``(3) Community Impact Consideration.--For purposes of being
determined to be qualified under paragraph (1)(A), a practitioner
seeking to become registered or maintain registration under paragraph
(1) to dispense narcotic drugs to individuals for maintenance treatment
or detoxification treatment shall comply with each of the following:
``(A) The practitioner shall--
``(i) conduct outreach to the community involved
concerning the practitioner's treatment program; and
``(ii) in conducting such outreach, give notice to
community stakeholders including community boards,
tenant associations, outpatient treatment centers,
health care providers, community-based nonprofit
organizations that provide opioid prevention and
treatment services, and such other community
stakeholders as may be determined by the Secretary.
``(B) The practitioner--
``(i) shall develop and implement a neighborhood
engagement plan that outlines the practitioner's
engagement with stakeholders referred to in
subparagraph (A)(ii) in the geographic location in
which the opioid treatment program is located; and
``(ii) may include in such plan a description of
the practitioner's engagement with stakeholders,
including homeowners associations, school
administrators, neighboring businesses, community
organizations, local councils, and law enforcement
agencies.
``(C) The practitioner shall--
``(i) establish and maintain a community advisory
board; and
``(ii) include in the membership of such board
volunteers from various stakeholder groups who
represent the positions of the community.
``(D) The practitioner--
``(i) shall develop and implement a community
relations plan to measure and minimize the negative
impacts of the treatment program on the community; and
``(ii) may include in such plan--
``(I) policies and procedures to resolve
community problems, including loitering and the
blocking of pedestrian pathways;
``(II) procedures to consider community
input and impact; and
``(III) a procedure to escalate and solve
the quality-of-life issues in the surrounding
blocks such as open air drug trading, uncapped
needles disposed in public walkways, and open
drug use.''.
(c) Reporting to Congress.--Section 303(h) of the Controlled
Substances Act (21 U.S.C. 823(h)), as amended, is further amended by
adding at the end the following:
``(4) Reporting to Congress.--Not later than 1 year after the date
of enactment of the Harm Reduction Through Community Engagement Act of
2023, and annually thereafter, the Secretary shall submit to the
Congress a comprehensive report on community engagement and the
maintenance of clinics in connection with maintenance treatment or
detoxification treatment provided pursuant to this subsection,
including--
``(A) treatment performance measurement data;
``(B) guidance on best practices for sustaining community
engagement; and
``(C) policy recommendations for sustaining community
engagement.''.
<all>
</pre></body></html>
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118HR2805 | ASAP Act | [
[
"G000578",
"Rep. Gaetz, Matt [R-FL-1]",
"sponsor"
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[
"M000194",
"Rep. Mace, Nancy [R-SC-1]",
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] | <p><b>Armed Services Always Paid Act or the ASAP Act</b></p> <p>This bill provides funding to continue the pay and allowances of members of the Armed Forces, including reserve personnel, during a lapse in appropriations. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2805 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2805
To amend title 37, United States Code, to provide for the continuity of
pay and allowances for members of the Armed Forces, including reserve
components thereof, during lapses in appropriations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Gaetz (for himself and Ms. Mace) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 37, United States Code, to provide for the continuity of
pay and allowances for members of the Armed Forces, including reserve
components thereof, during lapses in appropriations.
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 ``Armed Services Always Paid Act'' or
the ``ASAP Act''.
SEC. 2. CONTINUITY OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF
LAPSED APPROPRIATIONS.
(a) In General.--Chapter 19 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 1016. Continuity of pay and allowances during periods of lapsed
appropriations
``(a) Definitions.--In this section:
``(1) The term `military personnel accounts' mean the
military personnel, reserve personnel, and National Guard
personnel accounts of the Department of Defense, generally
title I of an annual Department of Defense appropriations Act,
and the corresponding accounts for the Department of Homeland
Security used to provide pay and allowances for members of the
Coast Guard.
``(2) The term `pay and allowances' means basic pay,
bonuses and special pay, allowances and any other forms of
compensation available for members of the armed forces under
this title or otherwise paid from the military personnel
accounts.
``(3) The term `period of lapsed appropriations', when used
with respect to members of the armed forces, means any period
during which appropriations are not available due to the
absence of the timely enactment of any Act or joint resolution
(including any Act or joint resolution making continuing
appropriations) appropriating funds for the payment of the pay
and allowances of members of the armed forces.
``(b) Appropriation of Funds To Continue Payment of Pay and
Allowances.--For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, to the Secretary of Defense (and the Secretary of
Homeland Security in the case of the Coast Guard) to allow the
Secretary of Defense (and the Secretary of Homeland Security in the
case of the Coast Guard) to continue to provide pay and allowances
(without interruption) to members of the armed forces.
``(c) Limitation on Amounts Paid.--This section only authorizes the
expenditure of funds during a period of lapsed appropriations for the
pay and allowances of a member of the armed forces at a rate that is
equal to the rate in effect for that member immediately before the
start of the period of lapsed appropriations. The rate for a member may
neither exceed the rate in effect immediately before the start of the
period of lapsed appropriations nor be less than that rate, unless
reduced by disciplinary action under the Uniform Code of Military
Justice.
``(d) Relation to Other Pay Authorities.--This section shall not be
construed to affect the entitlement of a member of the armed forces to
an amount of pay and allowances that exceeds the amount of pay and
allowances authorized to be paid under this section and to which the
member becomes entitled under other applicable provisions of law.
``(e) Effect of End of Period of Lapsed Appropriations.--
Expenditures made for any fiscal year pursuant to this section shall be
charged to the applicable appropriation, fund, or authorization
whenever the regular appropriation bill (or other bill or joint
resolution making continuing appropriations through the end of the
fiscal year) becomes law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1016. Continuity of pay and allowances during periods of lapsed
appropriations.''.
<all>
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118HR2806 | U.S. Customs and Border Protection Rural and Remote Hiring and Retention Strategy Act of 2023 | [
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[
"V0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2806 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2806
To require the Secretary of Homeland Security to issue a strategy and
implementation plan to improve hiring and retention of U.S. Customs and
Border Protection personnel in rural or remote areas, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Golden of Maine (for himself, Mr. Tony Gonzales of Texas, Mr. Ryan,
and Mr. Pfluger) introduced the following bill; which was referred to
the Committee on Homeland Security
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to issue a strategy and
implementation plan to improve hiring and retention of U.S. Customs and
Border Protection personnel in rural or remote areas, 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 ``U.S. Customs and Border Protection
Rural and Remote Hiring and Retention Strategy Act of 2023''.
SEC. 2. U.S. CUSTOMERS AND BORDER PROTECTION STRATEGY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Chief Human Capital Officer of the Department of Homeland
Security and the Commissioner of U.S. Customs and Border Protection,
shall issue a strategy and implementation plan, including benchmarks,
to improve the hiring and retention of individuals by U.S. Customs and
Border Protection in rural or remote areas relating to employment in
such areas.
(b) Strategy Considerations.--The strategy required under
subsection (a) shall take into consideration the following:
(1) Feedback, as available, from individuals who are U.S.
Customs and Border Protection candidates or new hires, at
locations in rural or remote areas, including feedback on the
quality of life in such areas for new hires and their families.
(2) Feedback, as available, from U.S. Customs and Border
Protection personnel, other than new hires, who are stationed
at locations in rural or remote areas, including feedback on
the quality of life in such areas for such personnel and their
families.
(3) Feedback, as available, from U.S. Customs and Border
Protection personnel who have decided to separate from U.S.
Customs and Border Protection.
(4) An assessment of existing Federal programs, including
financial incentives and other compensation-based
flexibilities, regarding how to most effectively aid spouses
and families of individuals who are U.S. Customs and Border
Protection candidates or new hires in a rural or remote area.
(5) An assessment of Department of Homeland Security
internship programs and the usefulness of such programs in
improving hiring by the Secretary of Homeland Security in rural
or remote areas.
(c) Implementation Plan Considerations.--The implementation plan
required under subsection (a) shall--
(1) include a pilot or other program, as appropriate, to
address hiring and retention challenges faced by U.S. Customs
and Border Protection in rural or remote areas; and
(2) enhance strategic recruiting efforts of U.S. Customs
and Border Protection through relationships with institutions
of higher education, veterans transition and employment
centers, and job placement programs in regions that could
assist in filling positions in rural or remote areas.
(d) Reports.--
(1) Report to congress and gao.--Beginning on the date that
is one year after the date of the issuance of the strategy and
implementation plan required under subsection (a) and every
three years thereafter, the Secretary of Homeland Security
shall report to the Committee on Homeland Security of the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Comptroller General
of the United States on the extent to which such strategy and
implementation plan have affected the hiring and retention by
U.S. Customs and Border Protection of employees in rural or
remote areas.
(2) Briefing to congress.--Not later than 180 days after
the date of the enactment of this Act and every 90 days
thereafter until the strategy and implementation plan under
subsection (a) are issued, the Secretary of Homeland Security
shall brief the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Comptroller General
of the United States on the progress of so issuing such
strategy and implementation plan.
(3) GAO assessment.--Not later than 120 days after
receiving each briefing required under paragraph (2), the
Comptroller General of the United States shall submit to the
committees specified in such subsection an assessment of the
effectiveness of U.S. Customs and Border Protection actions
described in each such briefing, including recommendations for
improvements as the Comptroller General determines appropriate.
(e) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(2) New hire.--The term ``new hire'' means an individual
appointed to a position within U.S. Customs and Border
Protection and who, during the one year period preceding such
date of appointment, occupied a position in U.C. Customs and
Border Protection for fewer than 365 days.
(3) Rural or remote areas.--The term ``rural or remote
areas'' means areas within the United States that are not
within an area defined and designated as urbanized areas by the
Bureau of the Census in the most recently completed decennial
census, and includes areas along the northern and southern
borders.
<all>
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118HR2807 | Train Noise and Vibrations Reduction Act of 2023 | [
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2807
To require the Secretary of Transportation to develop and submit a
report to Congress on recommendations to reduce train noise and
vibrations near homes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Ms. Norton introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to develop and submit a
report to Congress on recommendations to reduce train noise and
vibrations near homes, 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 ``Train Noise and Vibrations Reduction
Act of 2023''.
SEC. 2. RECOMMENDATIONS TO REDUCE TRAIN NOISE AND VIBRATIONS NEAR
HOMES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall develop
and submit to Congress a report containing--
(1) recommendations to reduce train noise and vibrations
near homes; and
(2) estimates of the costs and benefits of each such
recommendation.
(b) Contents.--The report required under subsection (a) shall, at a
minimum, include such recommendations regarding--
(1) modifications to trains and tracks;
(2) modifications to train and track maintenance
procedures;
(3) speed limits for trains;
(4) mitigation measures between tracks and homes;
(5) the distance required between tracks and homes;
(6) limits on the number of trains;
(7) limits on the number of cars on trains;
(8) limits on hours of operations;
(9) building noise insulation; and
(10) modifications to soil conditions.
<all>
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118HR2808 | Arnold Daniel Palmer Commemorative Coin Act | [
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"M0012... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2808 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2808
To require the Secretary of the Treasury to mint commemorative coins in
recognition of Arnold Daniel Palmer.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Reschenthaler introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Secretary of the Treasury to mint commemorative coins in
recognition of Arnold Daniel Palmer.
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 ``Arnold Daniel Palmer Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On September 10, 1929, Arnold Palmer was born in
Latrobe, Pennsylvania, and graduated from Greater Latrobe High
School in 1947.
(2) In 1948, Arnold Palmer enrolled at Wake Forest College
and was the Tournament medalist at the NCAA Golf Championships
in 1949 and 1950. Following a tragic death suffered by his
close friend and classmate, Buddy Worsham, Arnold Palmer
withdrew from Wake Forest College to pursue a three-year stint
in the U.S. Coast Guard.
(3) In 1951, Arnold Palmer attended United States Coast
Guard recruit training at Cape May, New Jersey. There, he was
assigned the role of physical fitness and self-defense
instructor. He would go on to serve three years in the Coast
Guard as a yeoman for Rear Admiral Roy L. Raney, Commander of
the 9th Coast Guard District Auxiliary in Cleveland, Ohio.
(4) Arnold Palmer credited his successful golf career to
his enlisted service, stating: ``The knowledge that I gained,
the maturity that I gained in the Coast Guard was unbelievable
. . . It matured me. It made me a better person''.
(5) On June 23, 2004, Arnold Palmer was the first golfer to
be awarded the Presidential Medal of Freedom, and on September
12, 2012, Arnold Palmer was presented with the Congressional
Gold Medal in the rotunda of the United States Capitol. He is
the first professional athlete to be awarded both the
Presidential Medal of Freedom and the Congressional Gold Medal.
(6) In his professional golf career, Arnold Palmer won 92
championships in professional competition of national or
international stature, 62 of which were on the Professional
Golf Association Tour. Arnold Palmer received many honors
outside the sporting world, including the Patriot Award of the
Congressional Medal of Honor Society, the Golden Plate Award of
the American Academy of Achievement, and the United States Navy
Memorial Lone Sailor Award. Arnold Palmer served for 20 years
as the honorary national chairman of the March of Dimes Birth
Defects Foundation.
(7) On September 30, 2009, Congress authorized the Arnold
Palmer Bronze Medal and it was presented to him on September
12, 2012.
(8) Arnold Palmer, the son of a country club employee in
Latrobe, Pennsylvania, brought golf to people around the world.
Today, driven by the generosity of ``Arnie's Army'', the Arnold
& Winnie Palmer Foundation carries on a pioneering tradition of
charity, service, and doing right by others.
(9) The Arnold & Winnie Palmer Foundation continues the
Palmers' mission to champion youth health and development. By
continuing their efforts to ensure every child gets the
opportunity to live a life well played--by supporting nature-
focused well-being and character development through golf--the
Palmer Foundation is committed to keeping the Palmer legacy at
the forefront of the global conversation on golf and society at
large.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins in recognition and celebration of Arnold Palmer:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90-percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90-percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGNS OF COINS.
(a) Design Requirements.--
(1) In general.--The designs for the coins minted under
this Act shall be emblematic of Arnold Palmer and his life and
accomplishments. At least one obverse design shall bear the
image of Arnold Palmer.
(2) Designations and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the denomination of the coin;
(B) an inscription of the year ``2029''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The designs for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Arnold & Winnie Palmer Foundation and Commission of the Fine
Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the calendar year beginning on January 1,
2029.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price based upon the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Arnold & Winnie Palmer
Foundation for application to general expenses associated with the
fulfillment of the mission of the Arnold & Winnie Palmer Foundation,
including costs associated with--
(1) children's health;
(2) character development through the game of golf;
(3) wellness through nature; and
(4) the Palmer legacy in golf and American history.
(c) Audits.--The Arnold & Winnie Palmer Foundation shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act result in no
net cost to the Federal Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7(b) until to
the total cost of designing and issuing all of the coins
authorized by this Act, including labor, materials, dies, use
of machinery, overhead expenses, marketing, and shipping is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
<all>
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118HR2809 | To authorize an electronic health record modernization program of the Department of Veterans Affairs and increase oversight and accountability of the program to better serve veterans, medical professionals of the Department, and taxpayers, and for other purposes. | [
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118HR281 | Bipartisan Social Security Commission Act of 2023 | [
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] | <p><b>Bipartisan Social Security Commission Act of 2023</b></p> <p>This bill establishes a temporary commission within the legislative branch to provide Congress with recommendations and proposed legislation to ensure the solvency of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (commonly referred to as the Social Security trust funds) for at least 75 years. The bill also sets out expedited procedures for the consideration of legislation proposed by the commission.</p> <p>The commission terminates within 60 days of providing its recommendations and proposed legislation.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 281 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 281
To establish the Commission on Long-Term Social Security Solvency, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Cole (for himself and Mr. LaTurner) introduced the following bill;
which was referred to the Committee on Ways and Means, and in addition
to the Committee on Rules, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Commission on Long-Term Social Security Solvency, 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 ``Bipartisan Social Security
Commission Act of 2023''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch a commission to be
known as the ``Commission on Long-Term Social Security Solvency'' (in
this Act referred to as the ``Commission'').
SEC. 3. DUTY OF THE COMMISSION.
Not later than 1 year after the initial meeting of the Commission,
the Commission shall transmit to Congress a special message that
includes recommendations and proposed legislation for achieving
solvency in each of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund for a period of at
least 75 years beginning on the date that is 1 year after the initial
meeting of the Commission. Such message shall be approved by at least 9
members of the Commission.
SEC. 4. MEMBERS.
(a) Number and Appointment.--The Commission shall be composed of 13
members. Of the members of the Commission--
(1) 1 shall be appointed by the President;
(2) 3 shall be appointed by the Speaker of the House of
Representatives;
(3) 3 shall be appointed by the minority leader of the
House of Representatives;
(4) 3 shall be appointed by the majority leader of the
Senate; and
(5) 3 shall be appointed by the minority leader of the
Senate.
(b) Qualifications for Congressional Appointees.--Of the members of
the Commission appointed by the Congress, at least 1 appointed by each
political party shall be an expert who is not an elected official or an
officer or employee of the Federal Government or of any State.
(c) Timing of Appointments.--Each of the appointments made under
subsection (a) shall be made not later than 45 days after the date of
the enactment of this Act.
(d) Terms; Vacancies.--Each member shall be appointed for the life
of the Commission, and a vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Compensation.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 5. OPERATION AND POWERS OF THE COMMISSION.
(a) Chair and Co-Chair.--The member of the Commission appointed by
the President under section 4(a) shall serve as the chair of the
Commission. A co-chair of the Commission shall be designated by the
Speaker of the House of Representatives at the time of the appointment.
(b) Meetings.--The Commission shall meet not later than 30 days
after the members of the Commission have been appointed, and at such
times thereafter as the chair or co-chair shall determine.
(c) Rules of Procedure.--The chair and co-chair shall, with the
approval of a majority of the members of the Commission, establish
written rules of procedure for the Commission, which shall include a
quorum requirement to conduct the business of the Commission.
(d) Hearings.--The Commission shall, for the purpose of carrying
out this Act, hold at least one hearing that is open to the public and
allows for public comment and participation, and may hold such other
hearings, sit and act at times and places, take testimony, and receive
evidence as the Commission considers appropriate.
(e) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States, including the
Congressional Budget Office and the Government Accountability Office,
any information or technical assistance necessary to enable it to carry
out this Act. Upon request of the chair or co-chair of the Commission,
the head of that department or agency shall furnish that information or
technical assistance to the Commission.
(f) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for any purpose
necessary to enable it to carry out this Act.
(g) 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. PERSONNEL.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Commission. The Director shall be paid at a rate of
pay equivalent to the annual rate of basic pay for a comparable
position paid under the Executive Schedule, subject to the approval of
the chair and the co-chair.
(b) Staff.--The Director may appoint and fix the pay of additional
staff as the Director considers appropriate.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay for a comparable position
paid under the Executive Schedule.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, without
reimbursement, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
SEC. 7. TERMINATION.
The Commission shall terminate not later than 60 days after the
submission of the report described in section 3.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated not more than $2,000,000 to
carry out this Act.
SEC. 9. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS.
(a) Expedited Consideration.--
(1) Introduction of approval bill.--The majority leader of
each House or a designee shall (by request) introduce an
approval bill as described in subsection (c) not later than the
third day of session of that House after the date of receipt of
a special message transmitted to the Congress under section 3.
(2) Consideration in the house of representatives.--
(A) Referral and reporting.--Any committee of the
House of Representatives to which an approval bill is
referred shall report it to the House without amendment
not later than the third legislative day after the date
of its introduction. If a committee fails to report the
bill within that period or the House has adopted a
concurrent resolution providing for adjournment sine
die at the end of a Congress, such committee shall be
automatically discharged from further consideration of
the bill and it shall be placed on the appropriate
calendar.
(B) Proceeding to consideration.--Not later than 3
legislative days after the approval bill is reported or
a committee has been discharged from further
consideration thereof, it shall be in order to move to
proceed to consider the approval bill in the House.
Such a motion shall be in order only at a time
designated by the Speaker in the legislative schedule
within two legislative days after the day on which the
proponent announces an intention to the House to offer
the motion provided that such notice may not be given
until the approval bill is reported or a committee has
been discharged from further consideration thereof.
Such a motion shall not be in order after the House has
disposed of a motion to proceed with respect to that
special message. The previous question shall be
considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the
vote by which the motion is disposed of shall not be in
order.
(C) Consideration.--If the motion to proceed is
agreed to, the House shall immediately proceed to
consider the approval bill in the House without
intervening motion. The approval bill shall be
considered as read. All points of order against the
approval bill and against its consideration are waived.
The previous question shall be considered as ordered on
the approval bill to its passage without intervening
motion except 4 hours of debate equally divided and
controlled by the proponent and an opponent and one
motion to limit debate on the bill. A motion to
reconsider the vote on passage of the approval bill
shall not be in order.
(3) Consideration in the senate.--
(A) Committee action.--The appropriate committee of
the Senate shall report without amendment the approval
bill not later than the third session day after
introduction. If a committee fails to report the
approval bill within that period or the Senate has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress, the
committee shall be automatically discharged from
further consideration of the approval bill and it shall
be placed on the appropriate calendar.
(B) Motion to proceed.--Not later than 3 session
days after the approval bill is reported in the Senate
or the committee has been discharged thereof, it shall
be in order for any Senator to move to proceed to
consider the approval bill in the Senate. The motion
shall be decided without debate and the motion to
reconsider shall be deemed to have been laid on the
table. Such a motion shall not be in order after the
Senate has disposed of a prior motion to proceed with
respect to the approval bill.
(C) Consideration.--If a motion to proceed to the
consideration of the approval bill is agreed to, the
Senate shall immediately proceed to consideration of
the approval bill without intervening motion, order, or
other business, and the approval bill shall remain the
unfinished business of the Senate until disposed of.
Consideration on the bill in the Senate under this
subsection, and all debatable motions and appeals in
connection therewith, shall not exceed 30 hours equally
divided in the usual form. All points of order against
the approval bill or its consideration are waived.
Consideration in the Senate on any debatable motion or
appeal in connection with the approval bill shall be
limited to not more than 1 hour. A motion to postpone,
or a motion to proceed to the consideration of other
business, or a motion to recommit the approval bill is
not in order. A motion to reconsider the vote by which
the approval bill is agreed to or disagreed to is not
in order.
(4) Amendments prohibited.--No amendment to, or motion to
strike a provision from, an approval bill considered under this
section shall be in order in either the Senate or the House of
Representatives.
(5) Coordination with action by other house.--
(A) In general.--If, before passing the approval
bill, one House receives from the other a bill--
(i) the approval bill of the other House
shall not be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no approval bill had
been received from the other House until the
vote on passage, when the bill received from
the other House shall supplant the approval
bill of the receiving House.
(B) Exception.--This paragraph shall not apply to
the House of Representatives.
(b) Limitation.--Subsection (a) shall apply only to an approval
bill described in subsection (c) and introduced pursuant to subsection
(a)(1).
(c) Approval Bill Described.--For purposes of subsection (a), a
bill described in this paragraph is a bill--
(1) which consists of the proposed legislation which is
included in such report to carry out the recommendations made
by the Commission in the report; and
(2) the title of which is as follows: ``A bill to carry out
the recommendations of the Commission on Long-Term Social
Security Solvency.''.
(d) Extended Time Period.--If Congress adjourns at the end of a
Congress and an approval bill was then pending in either House of
Congress or a committee thereof, or an approval bill had not yet been
introduced with respect to a special message, then within the first 3
days of session of the next Congress, the Commission shall transmit to
Congress an additional special message containing all of the
information in the previous, pending special message. An approval bill
may be introduced within the first five days of session of such next
Congress and shall be treated as an approval bill under this section,
and the time periods described in paragraphs (2) and (3) of subsection
(a) shall commence on the day of introduction of that approval bill.
<all>
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118HR2810 | To designate the Federal building located at 985 Michigan Avenue in Detroit, Michigan, as the "John Conyers Federal Building". | [
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"L00060... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2810 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2810
To designate the Federal building located at 985 Michigan Avenue in
Detroit, Michigan, as the ``John Conyers Federal Building''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2023
Mr. Thanedar (for himself, Ms. Jackson Lee, Ms. Moore of Wisconsin, and
Mr. Ivey) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To designate the Federal building located at 985 Michigan Avenue in
Detroit, Michigan, as the ``John Conyers Federal Building''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Congressman John James Conyers, Jr., was born in
Detroit, Michigan in 1929.
(2) Conyers served in the Michigan National Guard from 1948
to 1950, the United States Army from 1950 to 1954 (1 year of
which he was an officer in the Korean War with the Corps of
Engineers), and the Army Reserves from 1954 to 1957.
(3) Conyers resumed his studies at Wayne State University
and earned a Bachelor of Arts in 1957 and Bachelor of Laws in
1958.
(4) Conyers was a leader in the Civil Rights Movement,
being present in Selma, Alabama on October 7, 1963, for the
Freedom Day voter registration drive.
(5) Conyers was elected to the United States House of
Representatives in 1964 and was reelected 25 times.
(6) Conyers was the first African-American Dean of the
United States House of Representatives, having been the
longest-serving member from 2015 to 2017.
(7) Conyers was the longest-serving African-American member
of the United States House of Representatives, the third
longest-serving member of the United States House of
Representatives, and the sixth longest-serving member of
Congress in history.
(8) Conyers was the second-longest serving member of the
congressional delegation of Michigan, trailing only Congressman
John Dingell.
(9) Conyers was one of the 13 founding members of the
Congressional Black Caucus and was considered the Dean of the
group.
(10) Conyers was the first African American to serve on the
Judiciary Committee.
(11) Conyers was the first member to introduce the
``Commission to Study Reparation Proposals for America
Americans Act'', which calls for the establishment of a
commission to research the history of slavery in the United
States and its effects on current society.
(12) Conyers introduced the United States National Health
Care Act, which calls for the creation of a universal single-
payer health care system in the United States, in which the
government would provide every resident health care free of
charge.
(13) For 52 years, Conyers served his country in Congress
and became an acclaimed lawmaker and civil rights icon with a
strong reputation that extended far beyond Michigan.
(14) Conyers always displayed advocacy on behalf of civil
rights, social justice, and workers' rights.
(15) At the end of his political tenure, Conyers faced
accusations of sexual harassment. Fully recognizing the pain
that those failures caused, Conyers' legacy as a champion of
civil rights and social justice remains a significant part of
American history.
(16) Conyers resigned from Congress on December 5, 2017.
(17) Conyers continued to live in Detroit, Michigan, until
his death on October 27, 2019, at the age of 90.
(18) Above all else, Congressman Conyers was a loving and
devoted leader and a fighter for his community.
SEC. 2. DESIGNATION.
To designate the Federal building located at 985 Michigan Avenue in
Detroit, Michigan, as the ``John Conyers Federal Building''.
SEC. 3. REFERENCES.
Any reference in a law, map, regulation, document, paper, or other
record of the United States to the Federal building and United States
courthouse referred to in section 2 shall be deemed to be a reference
to the ``John Conyers Federal Building''.
<all>
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118HR2811 | Limit, Save, Grow Act of 2023 | [
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"F000450... | <p><strong>Limit, Save, Grow Act of 2023</strong></p> <p>This bill increases the federal debt limit and decreases spending. It also repeals several energy tax credits, modifies the permitting process and other requirements for energy projects, expands work requirements for the Supplemental Nutrition Assistance Program (SNAP) and other programs, and nullifies regulations for the cancellation of federal student loan debt.</p> <p>DIVISION A--LIMIT FEDERAL SPENDING</p> <p>TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY</p> <p>(Sec. 101) This section establishes discretionary spending limits for FY2024-FY2033 that include decreases in discretionary spending.</p> <p>In addition, the section extends and establishes new limits for several adjustments to discretionary spending limits that are permitted under current law to accommodate additional appropriations for certain activities. These adjustments apply to spending for</p> <ul> <li>continuing disability reviews and redeterminations,</li> <li>health care fraud and abuse control,</li> <li>reemployment services and eligibility assessments, and</li> <li>wildfire suppression.</li> </ul> <p>The section also extends the adjustment to discretionary spending limits for disaster relief funding. (Under current law, this adjustment is limited based on a statutory formula.) </p> <p>DIVISION B--SAVE TAXPAYER DOLLARS</p> <p>TITLE I--RESCISSION OF UNOBLIGATED FUNDS</p> <p>(Sec. 201) This section rescinds unobligated funds that were provided by specified acts to address the impact of COVID-19. Specifically, the section rescinds funds that were provided by </p> <ul> <li>the American Rescue Plan Act of 2021;</li> <li>the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020;</li> <li>the Families First Coronavirus Response Act;</li> <li>the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and</li> <li>the Paycheck Protection Program and Health Care Enhancement Act.</li> </ul> <p>This section also rescinds unobligated funds that were provided by two divisions of the Consolidated Appropriations Act, 2021: </p> <ul> <li>Division M (Coronavirus Response and Relief Supplemental Appropriations Act, 2021), and</li> <li>Division N (Additional Coronavirus Response and Relief). </li> </ul> <p>(Sec. 202) This section rescinds unobligated funds that were provided by the 2022 budget reconciliation act (commonly referred to as the Inflation Reduction Act of 2022). </p> <p>Specifically, the section rescinds funds that were provided for</p> <ul> <li>assisting states and local governments in adopting building codes that meet certain requirements for energy efficiency;</li> <li>financing certain energy infrastructure projects;</li> <li>carrying out priority deferred maintenance projects within the National Park System;</li> <li> reducing greenhouse gas air pollution; and</li> <li>establishing the Neighborhood Access and Equity Grant Program to improve transportation facilities. </li> </ul> <p>TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS</p> <p> (Sec. 211) This section nullifies certain actions taken by the Department of Education (ED) related to federal student loans, including actions that suspend federal student loan payments, discharge debt, and implement a new income-driven repayment plan. It also prohibits ED from implementing new executive actions or rules that are identical or substantially similar to the nullified actions unless the action or rule is expressly authorized by Congress. </p> <p>(Sec. 212) This section limits the authority of ED to propose or issue regulations and executive actions related to federal student-aid programs. The section prohibits ED from issuing such a proposed rule, final regulation, or executive action if ED determines that the rule, regulation, or action (1) is economically significant, and (2) would result in an increase in a subsidy cost resulting from a loan modification. <em>Economically significant</em> refers to a regulation or executive action that is likely to (1) have an annual effect on the economy of $100 million or more; or (2) adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. </p> <p>TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS </p> <p>(Sec. 222) This section modifies or repeals certain energy-related tax provisions. It modifies the tax credit for producing electricity from renewable resources by decreasing the base amount of such credit and by advancing the terminating date (to before January 1, 2022) applicable to wind, open and closed-end biomass, solar, landfill gas, trash, hydropower, and marine and hydrokinetic renewable energy resources. </p> <p>(Sec. 223) This section modifies the percentage rate of the energy tax credit applicable to various energy properties, including solar, fuel cell, qualified microturbine, combined heat and power, and small wind energy and advances the terminating date for such properties. The section also repeals prevailing wage requirements for laborers and mechanics employed for the construction of qualifying energy facilities and the increased credits for using U.S.-sourced materials in energy facilities and locating in certain energy communities.</p> <p>(Sec. 224) This section repeals the increase in the energy tax credit for solar and wind facilities in low-income communities.</p> <p>(Sec. 228) This section modifies the tax credit for nonbusiness energy property to reduce the rate of such credit from 30% to 10% of qualified energy efficiency improvements and residential energy property expenditures paid or incurred by a taxpayer and eliminates the credit at the end of 2021. It revises the definition of<em> qualified energy property</em> for purposes of such credit to eliminate certain types of property, including natural gas heat pumps and biomass stoves or boilers.</p> <p>This title modifies provisions and advances certain expiration dates relating to the tax credits for new energy efficient homes (Sec. 231), new clean electric vehicles (Sec. 232), the refueling property tax credit (Sec. 235), the qualifying advanced energy projects (Sec. 236), and the tax deduction for energy efficient commercial buildings (Sec. 230).</p> <p>The title repeals the </p> <ul> <li>zero-emission nuclear power production tax credit; (Sec. 225)</li> <li>sustainable aviation fuel tax credit; (Sec. 226)</li> <li> tax credit for the production of clean hydrogen; (Sec. 227)</li> <li>tax credit for previously-owned plug-in electric and fuel cell vehicles; (Sec. 233)</li> <li> tax credit for qualified commercial clean vehicles; (Sec. 234)</li> <li> advanced manufacturing production tax credit; (Sec. 237)</li> <li>clean electricity production tax credit; (Sec. 238)</li> <li> clean electricity investment tax credit; (Sec. 239)</li> <li>five-year cost recovery for the depreciation of certain energy property or energy storage technology facilities; (Sec. 240)</li> <li> clean fuel production tax credit; (Sec. 241) and</li> <li>taxpayer election of payments, in lieu of credits, for specified energy property and production of electricity from certain renewable resources. (Sec. 242)</li> </ul> <p>TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION</p> <p>(Sec. 251) This title rescinds unobligated amounts made available to the Internal Revenue Service by the Inflation Reduction Act of 2022 for (1) enforcement activities, (2) operations support, and (3) a report on the cost and feasibility of a free direct e-file tax return system. It also rescinds additional funding for the Treasury Inspector General for Tax Administration, the Office of Tax Policy, the U.S. Tax Court, and Department of the Treasury offices.</p> <p>DIVISION C--GROW THE ECONOMY<br> <br> TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES<br> <br> This title makes various changes to the work requirements and other aspects of the Temporary Assistance for Needy Families (TANF) program.</p> <p>(Sec. 301) This section changes the comparison year for calculating the caseload reduction credit from FY2005 to FY2022.<br> <br> Under current law, states must meet a mandatory work participation rate by ensuring that a specified percentage of families that receive TANF assistance participate in work-related activities. However, a state may earn a caseload reduction credit to lower that rate by reducing its caseload of families receiving TANF assistance as compared to its caseload in FY2005. This section changes the comparison year to FY2022.</p> <p> (Sec. 302) This section nullifies certain regulations of the Department of Health and Human Services that reduce the required work participation rate for states that exceed their maintenance of effort requirements (i.e., spend more of their own funds on TANF-related programs and activities than the amount they are required to spend under current law).</p> <p> (Sec. 303) This section restricts a practice whereby some states provide a limited amount of TANF assistance to families as a supplement to benefits that the families receive under another program and then count those families when determining their work participation rate. Specifically, it requires states to apply specified TANF conditions to that assistance.<br> <br> Currently, some states provide small amounts of TANF assistance to families who receive Supplemental Nutrition Assistance Program (SNAP) benefits and have a family member who is already working. The states then include these families for purposes of determining the work participation rate. Under this section, a state may only include those families in the work participation rate if the state applies TANF conditions related to child support, assignment of rights to other support, and work assessments to that assistance.</p> <p> (Sec. 304) This section requires states to report metrics related to the employment and educational outcomes of individuals who exit the TANF program.<br> <br> Specifically, states must report on the employment rate for individuals in unsubsidized employment following their exit from the program and their median earnings. Additionally, states must report on the percentage of individuals under age 24 who obtain a high school degree or equivalent while in the TANF program or within a year of their exit.<br> <br> (Sec. 305) This section makes the changes to the TANF program effective on October 1, 2024.</p> <p>TITLE II--SNAP EXEMPTIONS</p> <p>(Sec. 311) This section expands applicability of the work requirements for SNAP recipients who are able-bodied adults without dependents (ABAWDs). (SNAP recipients who are ABAWDs have work-related requirements in addition to the general SNAP work registration and employment and training requirements.)</p> <p>Specifically, this section applies the work requirements for ABAWDs to adults who are not over 56 years old, whereas these requirements currently apply to adults who are not over 50 years old.</p> <p> (Sec. 312) This section prohibits a state agency from accumulating unused exemptions to the ABAWD work requirement and providing them to eligible SNAP participants beyond the subsequent fiscal year.<br> <br> Currently, for each fiscal year, a state agency may exempt a certain number of SNAP recipients from the ABAWD work requirements; unused exemptions may be carried over and used in a subsequent fiscal year. Under this section, an unused exemption may not be carried over for more than one year. </p> <p> (Sec. 313) This section expands the purpose of SNAP to include assisting low-income adults in obtaining employment and increasing their earnings.</p> <p>TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS</p> <p>(Sec. 321) This section establishes community engagement requirements (i.e., work requirements) for certain adults under Medicaid. </p> <p>Specifically, the community engagement requirement is for individuals ages 19 through 55 to work, engage in community service, or participate in a work program (or a combination of these) for at least 80 hours per month. The section prohibits federal payments for, and allows state Medicaid programs to disenroll, individuals who do not meet these requirements for three or more months in a year.<br> <br> The requirements do not apply to individuals who are (1) physically or mentally unfit to work, (2) pregnant, (3) parents or caretakers of children or incapacitated individuals, (4) complying with work requirements for other federal programs, (5) participating in a drug or alcohol treatment and rehabilitation program, or (6) enrolled at least half-time in school.</p> <p>TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY<br> <br> <em>Regulations from the Executive in Need of Scrutiny Act of 2023</em><br> <br> This title increases congressional oversight of agency rulemaking.<br> <br> (Sec. 333) Specifically, this section establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves the rule. A major rule 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 section generally preserves the current congressional review process for a nonmajor rule.</p> <p> (Sec. 335) This section requires the Government Accountability Office to report on the total number and cost of rules in effect as of the date of enactment of this section.</p> <p>DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT</p> <p> TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING</p> <p> (Sec. 10001) In carrying out the Department of Energy Organization Act, the Department of Energy (DOE) must assess the supply of critical energy resources that are essential to the energy security of the United States, facilitate the development of strategies to strengthen the supply chains for those resources, develop substitutes and alternatives to those resources, and improve technology that reuses and recycles critical energy resources.</p> <p>(Sec. 10002) This section prohibits the President from declaring a moratorium on the use of hydraulic fracturing unless Congress authorizes the moratorium. Hydraulic fracturing, or fracking, is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the formation.</p> <p>This section also expresses the sense of Congress that states should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on state and private lands.</p> <p> (Sec. 10003) DOE must direct the National Petroleum Council to publish a report on petrochemical refineries located in the United States. The report must include information concerning (1) the contributions of such refineries to U.S. energy security, (2) a projection for expanding the capacities of the refineries, (3) any federal or state executive actions that have contributed to a decline in their capacities, and (4) any recommendations to increase such capacities. </p> <p>(Sec. 10004) This section establishes a new process for permitting the construction and operation of energy infrastructure across an international border of the United States. Thus, it replaces the existing process established under specified executive orders.</p> <p>This section requires a person to obtain a certificate of crossing before constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from (1) the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines, or (2) from DOE for an electric transmission facility. As a condition of obtaining a DOE certificate, an electric transmission facility must be constructed, connected, operated, or maintained in accordance with specified policies and standards. </p> <p>FERC and DOE must meet a deadline for issuing a certificate as set forth by this section.</p> <p>In addition, this section also requires the President to obtain the approval of Congress before revoking a permit issued under executive orders for constructing, connecting, operating, or maintaining an oil or natural gas pipeline, an electric transmission facility, or a border-crossing facility. </p> <p>(Sec. 10005) This section expresses congressional disapproval of the revocation of the presidential permit for the Keystone XL pipeline. The permit authorized the TransCanada Keystone Pipeline to construct, connect, operate, and maintain the pipeline facilities in Phillips County, Montana, for the import of oil from Canada to the United States. </p> <p> (Sec. 10006) This section expresses the sense of Congress that the federal government should not impose (1) overly restrictive regulations on the exploration, production, or marketing of energy resources; or (2) any restrictions on the export of crude oil or other petroleum products under the Energy Policy and Conservation Act, except with respect to petroleum exports to foreign persons or foreign governments subject to sanctions under U.S. law.</p> <p> (Sec. 10007) This section repeals certain restrictions on the import and export of natural gas under the Natural Gas Act, including (1) a requirement that FERC authorize an order to export or import natural gas only if it is in the public interest, and (2) restrictions related to free trade agreements. </p> <p>This section grants FERC the exclusive authority to approve or deny applications for the siting, construction, expansion, or operation of facilities to export natural gas to foreign countries or import natural gas from foreign countries.</p> <p> (Sec. 10008) This section expresses congressional disapproval of Oregon's denial of permits and certifications necessary for (1) a new liquefied natural gas export terminal in Coos County, Oregon; and (2) the Pacific Connector Pipeline in the counties of Klamath, Jackson, Douglas, and Coos of Oregon. </p> <p> (Sec. 10009) This section expands FERC's role in conducting environmental reviews of applications for natural gas pipelines under the Natural Gas Act. Specifically, this section makes FERC the sole lead agency for the purpose of coordinating the environmental review of such pipelines under the National Environmental Policy Act of 1969 (NEPA). Thus, federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. </p> <p>FERC must designate the other participating agencies involved in the authorization process. This section limits the environmental review that may be conducted by agencies that are not designated as participants. </p> <p>This section also expedites environmental review of such projects. Specifically, agencies must complete NEPA reviews of pipeline projects by the deadlines established in this section.</p> <p> If a federal or state agency requires the person applying for a pipeline authorization to submit data, then the agency must consider any such data gathered by aerial or other remote means that the person submits.</p> <p> In addition, this section withdraws the following policy statements: (1) <em>Certification of New Interstate Natural Gas Facilities </em>published on March 1, 2022; and (2) <em>Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews</em> published on March 11, 2022. </p> <p>Finally, this section replaces the water quality certification process under Section 401 of the Clean Water Act with the NEPA process led by FERC for an interstate natural gas pipeline or liquefied natural gas project. </p> <p>(Sec. 10010) This section gives a facility that processes or refines a critical energy resource an interim status permit under the Resource Conservation and Recovery Act until (1) the final administrative disposition of its permit application, or (2) it is proven that the facility failed to provide information needed to process the permit application. </p> <p> (Sec. 10011) This section requires the Environmental Protection Agency (EPA) to allow critical energy resource facilities to utilize flexible air permitting. Specifically, the section requires the EPA to revise regulations issued under the Clean Air Act to authorize owners or operators of critical energy resource facilities to utilize flexible air permitting, as described in the final rule titled <em>Operating Permit Programs; Flexible Air Permitting Rule </em>published on October 6, 2009. Flexible air permits contain approaches that allow the source to make operational plans and obtain approval for anticipated types of changes to those plans without subsequent review of the changes when they occur.</p> <p>This section also requires the regulations to facilitate flexible, market-responsive operations (as described in the final rule) with respect to critical energy resource facilities.</p> <p>(Sec. 10012) If the EPA determines that the processing or refining of a critical energy resource at a critical energy resource facility is necessary to meet U.S. security or energy security needs, then the EPA may issue a temporary waiver of any requirement under the Clean Air Act or the Solid Waste Disposal Act with respect to the facility to meet such needs. Further, the EPA may issue such waiver with or without notice, hearing, or other report.</p> <p> (Sec. 10013) This section eliminates a program administered by the EPA that provides incentives for petroleum and natural gas systems to reduce their emissions of methane and other greenhouse gases. It also repeals a charge on methane emissions from specific types of facilities that are required to report their greenhouse gas emissions to the EPA's Greenhouse Gas Emissions Reporting Program. </p> <p>(Sec. 10014) The Greenhouse Gas Reduction Fund is also repealed. This fund provides financial and technical assistance to states and other eligible recipients to help enable low-income and disadvantaged communities carry out activities to reduce greenhouse gas emissions. </p> <p>(Sec. 10015) This section revises the EPA's review under the Toxic Substance Control Act (TSCA) of the risks presented by chemical substances to human health or the environment. Specifically, the section establishes requirements to expedite the review of chemical substances that are considered to be critical energy resources. </p> <p>Currently, TSCA requires manufacturers and processors of chemical substances to notify the EPA before manufacturing a new chemical substance or before manufacturing or processing a substance for a significant new use. The EPA must review such notices and provide a determination on whether the substance or significant new use present an unreasonable risk. </p> <p>This section requires the EPA, when making a determination for a chemical substance that is a critical energy resource, to also consider economic, societal, and environmental costs and benefits.</p> <p>If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may then proceed in manufacturing or processing the substance. </p> <p>The EPA may only suggest the withdrawal of a notice for a chemical substance that is a critical energy resource, or request a suspension of the review period, if the EPA has conducted a preliminary review of the notice and provided a draft of determination to the submitter. </p> <p>(Sec. 10016) This section revises the EPA's Risk Management program to exempt a petroleum (e.g., gasoline) refinery that uses a hydrofluoric acid alkylation unit from certain hazard assessment requirements. Petroleum refineries use the acid during the gasoline production process. Hydrofluoric acid is hazardous and corrosive. If it is accidently released, it can form a toxic vapor cloud.</p> <p>Currently, petroleum refineries are required to include in a hazard assessment an evaluation of safer technology and alternative risk management measures for a hydrofluoric acid alkylation unit. This section eliminates that requirement if the petroleum refinery (1) has obtained a construction permit or operating permit under the program, or (2) demonstrates that it will conform to the most recent version of American Petroleum Institute Recommended Practice 751. This practice provides guidance on the safe operation of such a unit.</p> <p>(Sec. 10017) This section repeals provisions of the Deficit Reduction Act of 2022 relating to (1) the high-efficiency electric home rebate program, (2) state-based home energy efficiency contractor training grants, and (3) assistance for latest and zero building energy code adoption. It also rescinds any unobligated balances available for such programs.</p> <p> (Sec. 10018) DOE must conduct a study on how to streamline regulatory timelines relating to developing new power plants. In the study, DOE must examine practices relating to various power generating sources, including fossil and nuclear generating sources.</p> <p>(Sec. 10019) This section sets forth requirements to expedite the application review for a state to assume the responsibility (i.e., obtain primacy) from the EPA to implement underground injection control programs under the Safe Drinking Water Act. The existing review process includes requiring the applicant to prevent contamination of underground sources of drinking water from the placement of fluids underground through injection wells. The program consists of six classes of wells that are injected with (1) hazardous and non-hazardous wastes, (2) fluids associated with oil and natural gas production, (3) fluids to dissolve and extract minerals, (4) hazardous or radioactive wastes, (5) non-hazardous fluids, and (6) carbon dioxide.</p> <p>This section deems a state application for primacy approved if the EPA has not made a decision within 300 days. It also requires the EPA to work as expeditiously as possible with states to complete any pre-application activities. In addition, it revises the notice and comment process to expedite the process. </p> <p>The EPA must designate one coordinator from each regional office to be responsible for coordinating applications from states to obtain primacy for underground injection control programs for wells injected with carbon dioxide. The coordinator must evaluate the availability of resources to carry out such activities and make recommendations regarding additional resources needed to do so. For FY2023-FY2026, certain funding from the Infrastructure Investment and Jobs Act may be made available, subject to appropriations, to carry out activities concerning such wells. </p> <p>(Sec. 10020) On October 25, 2022, DOE issued a final rule about procedures for the acquisition of petroleum (e.g., crude oil) for the Strategic Petroleum Reserve (SPR), which is an emergency stockpile of petroleum. Among other requirements, the rule revised procedures to allow DOE to use either fixed-price or index-priced (i.e., price based on market rates) contracts when purchasing petroleum for the SPR.</p> <p>This section requires DOE to use index-priced contracts when acquiring petroleum for the SPR.</p> <p>(Sec. 10021) DOE must prohibit the export or sale of petroleum products from the SPR to (1) China, North Korea, Russia, and Iran; (2) any other country the government of which is subject to U.S. sanctions; and (3) any entity owned, controlled, or influenced by such countries or the Chinese Communist Party. However, DOE may issue a waiver of the prohibition if the export or sale of petroleum products is in the national security interests of the United States. </p> <p>(Sec. 10022) This section expresses congressional disapproval of the proposed tax increase on the oil and natural gas industry in the President's FY2024 budget request. </p> <p>(Sec. 10023) The EPA must report on domestic energy independence. The report must identify and assess any regulations promulgated by the EPA in the last 15 years that have reduced energy independence, increased the regulatory burden for U.S. energy producers, decreased the producer's energy output, reduced energy security, or increased energy costs for U.S. consumers. </p> <p>(Sec. 10024) The Government Accountability Office must conduct a study on how banning natural gas appliances will affect the rates and charges for electricity. </p> <p>(Sec. 10025) This section prohibits DOE from finalizing, implementing, or enforcing (1) the proposed rule titled <em>Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products; Supplemental notice of proposed rulemaking and announcement of public meeting </em>with respect to energy conservation standards for gas kitchen ranges and ovens, or (2) any rule that would limit consumer access to gas kitchen ranges and ovens.</p> <p>TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF AMERICAN RESOURCES </p> <p><em>Transparency, Accountability, Permitting, and Production of American Resources Act or the TAPP American Resources Act</em></p> <p>Subtitle A--Onshore and Offshore Leasing and Oversight</p> <p>(Sec. 20101) The Department of the Interior must immediately resume quarterly sales of leases of onshore federal land for oil and gas development as specified by the section.</p> <p>Interior must conduct a minimum of four oil and gas lease sales in each state with land available for oil and gas leasing under mineral leasing law. If a lease sale is canceled, delayed, or deferred, then Interior must conduct a replacement sale. Interior must also conduct a replacement sale if during the original lease sale the percentage of acreage that does not receive a bid is equal to or greater than 25% of the acreage offered.</p> <p>(Sec. 20102) This section specifies that if the Interior reinstates a lease entered into under the Mineral Leasing Act or the Geothermal Steam Act of 1970, then the lease is not considered a major federal action under the National Environmental Policy Act of 1969 (NEPA). Thus, such an action does not trigger environmental review requirements under such act.</p> <p> (Sec. 20103) Interior must resolve any protest to a lease sale under the Mineral Leasing Act within 60 days after the lease holder makes the annual rental payment for the first lease year.</p> <p>(Sec. 20104) Upon the request of an owner of an oil and gas lease, Interior must grant a permit for the suspension of operations if the lease owner has expressed interest for certain adjacent acreage that has not yet been offered in a lease sale by Interior.</p> <p>(Sec. 20105) Interior must collect a filing fee from a protestor of a lease sale before processing any protest filed under the Mineral Leasing Act.</p> <p> (Sec. 20106) This section establishes requirements concerning completed applications to drill for oil and gas that are pending on the date of this section's enactment. Within 30 days of the enactment, Interior must (1) complete all requirements under NEPA and other applicable law that must be met before it may issue the permits, and (2) issue a permit for all completed applications to drill that are still pending.</p> <p>This section also creates a variety of requirements for Interior to report on and publish data concerning leases and permits to develop oil, gas, and geothermal energy.</p> <p>(Sec. 20107) By September 30, 2023, Interior must conduct all the lease sales described in the <em>2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program</em> that have not yet been conducted. </p> <p>This section also requires Interior to annually conduct a minimum of two region-wide oil and gas lease sales in the Central Gulf of Mexico Planning Area and the Western Gulf of Mexico Planning Area. In addition, Interior must annually conduct a minimum of two region-wide oil and gas lease sales in the Alaska region of the Outer Continental Shelf, as described in the program.</p> <p>(Sec. 20108) By July 1, 2023, Interior must (1) issue a five-year oil and gas leasing program under the Outer Continental Shelf Lands Act for 2023-2028, and (2) issue the record of decision on the final programmatic environmental impact statement. Interior must approve each subsequent five-year oil and gas leasing program no later than 180 days before the expiration of the previous program.</p> <p> (Sec. 20109) Interior must increase the frequency of lease sales under the Geothermal Steam Act of 1970 in any state that has pending nominations of land to be leased from qualified companies or individuals. Currently, Interior must hold lease sales at least once every two years. This section requires Interior to hold a sale at least once a year.</p> <p> If a lease sale is canceled or delayed, then Interior must conduct a replacement sale during the same year.</p> <p> In addition, this section requires Interior to notify an applicant whether or not its application for a geothermal drilling permit is complete within 30 days of receiving the application. If Interior determines that the application is complete, then it must issue a final decision on the applications within 30 days of the date Interior sent the notification. </p> <p>(Sec. 20110) This section revises the environmental review of certain pending applications to lease land under a program administered by the Bureau of Land Management (BLM) to mine coal. As soon as practicable, Interior must</p> <ul> <li> publish a draft environmental assessment for each qualified application if a draft hasn't already been published, </li> <li>finalize the fair market value of the coal tract for which a lease application is pending, </li> <li>grant a qualified application that is pending, and</li> <li>grant any additional approvals needed for previously awarded coal leases in order for mining activities to commence.</li> </ul> <p>(Sec. 20111) This section nullifies Secretarial Order 3338 issued by Interior on January 15, 2016, and titled <em>Discretionary Programmatic Environmental Impact Statement to Modernize the Federal Coal Program</em>. The order directed the BLM to conduct a broad, programmatic review of its federal coal program through preparation of a programmatic environmental impact statement under NEPA and to pause issuance of certain coal leases during the review.</p> <p>(Sec. 20112) Interior and the National Forest Service must annually report on their staffing capacity and plans to ensure adequate resources to process and issue oil, gas, hardrock mining, coal, and renewable energy leases, rights-of-way, claims, easements, and permits.</p> <p>(Sec.20113) This section bans the Communist Party of China, any person acting on behalf of the party, or any entity owned by or subject to the jurisdiction of China from acquiring any interest with respect to (1) lands leased for oil or gas under the Mineral Leasing Act or the Outer Continental Shelf Lands Act, (2) farmland, (3) lands used for renewable energy production, or (4) claims subject to the General Mining Law of 1872. </p> <p>(Sec. 20114) This section specifies that this title does not affect the following presidential memorandums: the September 8, 2020, <em>Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition</em>, the September 25, 2020,<em> Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf From Leasing Disposition</em>, and the 2016 <em>Memorandum on Withdrawal of Certain Areas off the Atlantic Coast on the Outer Continental Shelf From Leasing Disposition</em>. It also specifies that this title does not affect the ban on oil and gas development in the Great Lakes as described in the Energy Policy Act of 2005.</p> <p> (Sec. 20115) The Government Accountability Office (GAO) must publish a report on all potential adverse effects of wind energy development in the Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area, and the Straits of Florida Planning Area before Interior may (1) publish a notice for a sale for a lease on public land to develop wind energy offshore, or (2) hold a lease sale for such development.</p> <p> (Sec. 20116) This section expresses the sense of Congress that infrastructure for U.S. development of wind energy should be constructed with materials produced and manufactured in the United States. </p> <p>(Sec. 20117) This section expresses the sense of Congress that the royalty rate for onshore Federal oil and gas leases should be not more than 12.5% in amount or value of the production removed or sold from the lease.</p> <p> (Sec. 20118) The GAO must assess the sufficiency of the environmental review processes of relevant federal agencies for offshore wind projects. </p> <p>(Sec. 20119) The GAO must report on all potential adverse effects of wind energy development in the North Atlantic Planning Area. </p> <p>Subtitle B--Permitting Streamlining</p> <p>(Sec. 20201) This section defines the terms used in this subtitle. It defines <em>public land</em> to mean any land and interest in land owned by the United States and administered by Interior or the Forest Service without regard to how the United States acquired ownership, except (1) lands located on the Outer Continental Shelf (OCS); and (2) lands held in trust by the United States for the benefit of Indians, Indian tribes, Aleuts, and Eskimos.</p> <p>(Sec. 20202) This section limits the scope of the administrative and judicial review of major federal actions under NEPA and generally expedites the review process. Under NEPA, agencies must conduct an environmental assessment (EA) to determine if a proposed federal action will have significant environmental impacts. If the EA determines that such impacts will be significant, then the agency must submit an Environmental Impact Statement (EIS). The EIS must include a range of alternatives to the proposed action.</p> <p>Among other requirements, this section limits the scope of NEPA review to reasonably foreseeable environmental effects with a reasonably close causal relationship to the proposed agency action. In addition, agencies must only consider the effects of the action that occur on federal land, or are subject to federal control and responsibilities.</p> <p>This section also limits alternatives in an EIS to a reasonable number. Further, the alternatives included in the EIS must be technically and economically feasible and within the jurisdiction and authority of the agency.</p> <p>In addition, this section enumerates when an agency is not required to prepare an EIS.</p> <p>An EIS must include the estimated total cost of preparing such EIS, including the costs of agency full-time equivalent personnel hours, contractor costs, and other direct costs. An EA or EIS must also be under the page limits established by the section. </p> <p>This section also requires a lead agency to be designated when more than one agency is involved in a proposed action. The lead agency must supervise the preparation of one environmental document (e.g., EIS) and prepare a schedule to complete the review of the action. To the extent practicable, the document prepared by the lead agency must be deemed to satisfy the environmental documentation requirements for all agencies involved in the action.</p> <p>The lead agency must complete the EA or EIS within deadlines established by the section. If the lead agency is unable to meet the deadlines, it must pay $100 per day to the applicant until the applicant approves a new deadline. If the lead agency misses a deadline solely due to delays caused by litigation, then it does not have to pay the fine.</p> <p>Upon a project sponsor's request (e.g., an entity seeking a permit or other authorization of a project), a lead agency must allow the sponsor to prepare the EA or EIS.</p> <p>Finally, this section limits judicial review of NEPA claims, including by requiring the claim to be filed within 120 days of an agency publishing a notice that it intends to carry out an action.</p> <p>It also prohibits any proposed action for which an environmental document is required from being vacated or otherwise limited, delayed, or enjoined unless a court concludes that (1) the proposed action will pose a risk of an imminent and substantial environmental harm, and (2) there is no other equitable remedy available as a matter of law.</p> <p>(Sec. 20203) This section provides statutory authority for the revisions to the Code of Federal Regulations made pursuant to a final rule of the Council on Environmental Quality (CEQ) titled <em>Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act</em> and published on July 16, 2020. Among other requirements, the rule issued regulations to facilitate more efficient, effective, and timely NEPA reviews by federal agencies in connection with proposals for agency action.</p> <p>(Sec. 20204) This section exempts covered activities from being considered a major federal action under NEPA. Thus, these actions do not trigger environmental review requirements under NEPA. Covered activities include</p> <ul> <li>geotechnical investigations;</li> <li>off-road travel in an existing right-of-way;</li> <li>construction of meteorological towers where the total surface disturbance at the location is less than five acres;</li> <li>adding certain energy storage devices to an existing or planned energy facility;</li> <li>drilling geothermal exploratory wells under certain circumstances;</li> <li>repairs, maintenance, upgrades, optimizations, or minor additions to existing transmission and distribution infrastructure, or operation of such facilities; and </li> <li>construction, maintenance, realignment, or repair of an existing permanent or temporary access road under certain circumstances.</li> </ul> <p>(Sec. 20205) If a federal agency makes a determination that an action or activity within an existing energy right-of-way will not result in an overall long-term net loss of vegetation, soil, or habitat, then that action or activity is not considered to be a major federal action under NEPA.</p> <p>(Sec. 20206) The relevant federal agency must use previously completed environmental assessments and environmental impact statements to satisfy NEPA requirements if the agency determines that the new proposed action and its effects are substantially the same as a previously analyzed proposed action and its effects.</p> <p>(Sec. 20207) Within 60 days of receiving an application to grant a right-of-way, the relevant federal agency must notify the applicant as to whether the application is complete or deficient. If the agency determines the application is complete, then the agency may not consider any other application to grant a right-of-way on the same or any overlapping parcels of land while such application is pending.</p> <p> (Sec. 20208) This section revises requirements for terms of rights-of-way for pipelines and electrical energy infrastructure under the Federal Land Policy and Management Act of 1976 and the Mineral Leasing Act. Specifically, it allows rights-of-way to be granted, issue, amended, or renewed for up to 50 years before they are subject to renewal or amendment.</p> <p>(Sec. 20209) In FY2023-FY2025, the Forest Service and Interior may accept and expend funds contributed by nonfederal entities to pay for dedicated staff and technology development to expedite activities for leasing, development, or expansion of an energy facility.</p> <p>(Sec. 20210) Interior must authorize geological and geophysical surveys related to oil and gas activities on the Gulf of Mexico Outer Continental Shelf, except within areas subject to existing oil and gas leasing moratoria. Surveys authorized under this section are deemed to be in full compliance with the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.</p> <p>(Sec. 20211) This section prohibits the deferral of a decision on an application for an oil or gas drilling permit under the Mineral Leasing Act as a result of a formatting issue with the permit, unless such formatting issue results in missing information.</p> <p>(Sec. 20212) This section requires Interior to process an application for an oil or gas drilling permit or other authorizations under a valid existing lease regardless of any pending civil actions affecting the application or related lease.</p> <p>It also makes a permit issued under Section 17 of the Mineral Leasing Act valid for a four-year term, or until the related lease expires, whichever occurs first.</p> <p>(Sec. 20213) This section revises the environmental review of energy program activities under the Energy Policy Act of 2005. Specifically, enumerated actions taken by Interior and the Forest Service for the purpose of exploration or development of oil or gas are not to be considered major federal actions under NEPA.</p> <p>(Sec. 20214) This section revises requirements for oil and gas or geothermal drilling permits under the Mineral Leasing Act as well as the Geothermal Steam Act of 1970. Specifically, the section prohibits Interior from requiring an operator to obtain a federal drilling permit for oil, gas, or geothermal exploration and production activities conducted on a nonfederal surface estate if (1) the federal ownership interest is less than 50% of the subsurface mineral estate to be accessed by the proposed action; and (2) the operator submits to Interior a state permit to conduct such activities on the nonfederal surface estate. Such activities are not considered to be a major federal action under NEPA. Further, such activities are not subject to requirements for federal actions under the National Historic Preservation Act of 1966 and the Endangered Species Act of 1973.</p> <p>(Sec. 20215) This section revises requirements for the environmental review for an oil and gas lease or permit prepared under NEPA. Specifically, the section provides that the review only applies to areas that are within or immediately adjacent to the lease plots and that are directly affected by the proposed action. The review may not require consideration of downstream, indirect effects of oil and gas consumption.</p> <p>(Sec. 20216) This section expedites the environmental review of certain gathering lines and associated field compression or pumping units on federal and applicable tribal lands. Gathering lines are used to transport oil, natural gas, and related liquid from wells to pipelines and facilities (e.g., processing facilities or refineries).</p> <p>Currently, certain actions related to gathering lines are categorically excluded from NEPA. Categorical exclusions are categories of actions that have been determined to not have a significant effect on the human environment either individually or cumulatively. Thus, those categories of actions are excluded from NEPA requirements.</p> <p>This section considers certain actions related to gathering lines to not be major federal actions under NEPA.</p> <p>(Sec. 20217) This section addresses litigation concerning the environmental review of certain oil and gas lease sales held under the Mineral Leasing Act or the Outer Continental Shelf Lands Act. A court may not vacate a lease sale nor otherwise limit, delay, or enjoin related lease activities unless the court concludes that (1) the lease will pose a risk of an imminent and substantial environmental harm, and (2) there is no other equitable remedy available.</p> <p>In addition, no court may enjoin or issue any order preventing the award of leases to a bidder in a lease sale if Interior has previously opened bids for such leases or disclosed the high bidder for any tract that was included in such lease sale.</p> <p>(Sec. 20218) This section bars a claim that arises under federal law seeking judicial review of a permit, license, or approval issued by a federal agency for a mineral project, energy facility, or energy storage device unless (1) the claim is filed by a certain deadline; and (2) the claim is filed by a party that submitted a detailed comment during the public comment period for such permit, license, or approval.</p> <p> (Sec. 20219) The GAO must report on the BLM's timeliness when reviewing applications for permits to drill. The GAO must also recommend (1) actions the BLM can take to expedite the approval of such permits, and (2) aspects of the review process that could be turned over to states.</p> <p>(Sec. 20220) The CEQ must study and report on the potential to create an online permitting portal for permits that require review under NEPA.</p> <p> (Sec. 20221) This section reduces the time limit from 150 days to 90 days to file a petition for judicial review of a permit, license, or approval for a highway or public transportation capital project.</p> <p>(Sec. 20222) To the greatest extent feasible, the Department of Transportation (DOT) must conduct efficient environmental reviews for pipeline projects that require DOT's approval under NEPA.</p> <p>In addition, DOT must maintain and publish a database concerning pipeline projects that are categorically excluded from NEPA requirements. </p> <p>(Sec. 20223) This section exempts certain wildfire mitigation activities from requirements under NEPA and the Endangered Species Act of 1973.</p> <p>(Sec. 20224) Among other requirements, this section establishes deadlines for Interior and the Forest Service to review a vegetation management, facility inspection, and operation and maintenance plan submitted by an electric transmission or distribution facility located on public lands.</p> <p>In addition, this section authorizes the removal of hazard trees if they are located within 50 feet of electric power lines. The Federal Land Policy and Management Act of 1976 currently authorizes the removal of hazard trees if they are located within 10 feet of electric power lines. </p> <p>(Sec. 20225) This section allows Interior to categorically exclude from NEPA requirements (1) the development and approval of vegetation management, facility inspection, and operation and maintenance plan, and (2) the implementation of routine activities conducted under the plan. Such activities do not include establishing a permanent road. However, the categorical exclusion does not apply to any forest management activity conducted in a component of the National Wilderness Preservation System or on National Forest System lands where the removal of vegetation is restricted or prohibited by Congress.</p> <p>The activities that are categorically excluded from NEPA requirements under this section are also exempt from certain consultation requirements under the Endangered Species Act of 1973, the National Historic Preservation Act, or any other applicable law.</p> <p>(Sec. 20226) This section requires the Park Service, the BLM, and the Forest Service to conduct an outreach plan for disseminating and advertising open civil service positions with functions relating to permitting or natural resources in their offices.</p> <p>Subtitle C--Permitting for Mining Needs</p> <p>(Sec. 20301) This section defines terms used in this subtitle. It defines <em>mineral</em> to mean any mineral of a kind that is locatable (including, but not limited to, such minerals located on <em>lands acquired by the United States</em>, as such term is defined in section 2 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872. This definition includes non-fuel minerals such as gold, copper, and other hardrock minerals.</p> <p>A<em> stat</em><em>e</em> means a state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands.</p> <p>(Sec. 20302) This section expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under such act, the BLM and the Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This section expands this process to include all minerals as defined by this subtitle, not only critical minerals. It also requires the BLM and the Forest Service to defer to data and reviews from state agencies when completing such review process.</p> <p>(Sec. 20303) This section requires Federal Register notices associated with the issuance of a mineral exploration or mine permit under the Energy Act of 2020 to be delegated to the organizational level of the issuing agency. Currently, this requirement only applies to such permits for critical minerals.</p> <p>(Sec. 20304) This section designates mineral production projects as covered projects under the Fixing America's Surface Transportation (FAST) Act. Such projects qualify for expedited environmental review.</p> <p> (Sec. 20305) This section expands the meaning of covered project under the FAST Act. Specifically, it includes actions taken by the Department of Defense pursuant to<em> Presidential Determination 2022-11</em> or the <em>Presidential Waiver of Statutory Requirements Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Department of Defense Supply Chains Resilience</em> to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities. However, project sponsors may choose to not have their actions treated as a covered project.</p> <p>(Sec. 20306) This section establishes several requirements to expedite the review and authorization of mineral exploration activities with a surface disturbance of no more than five acres of public lands.</p> <p>(Sec. 20307) This section revises provisions concerning ancillary mining activities, including to allow mine operations to conduct mine support activities regardless of whether a mineral deposit has been discovered.</p> <p>(Sec. 20308) This section amends existing critical mineral criteria to allow the U.S. Geological Survey (USGS) to consider adding uranium to its list of critical minerals. Thus, the section allows the USGS to expedite the review of uranium projects. The USGS must update its list with the revised criteria within 60 days.</p> <p>(Sec. 20309) This section bars a mining claimant from the right to use, occupy, and conduct operations on federal land if Interior finds that the claimant has a foreign parent company that has (including through a subsidiary) (1) a known record of human rights violations, or (2) knowingly operated an illegal mine in another country. </p> <p>(Sec. 20310) This section expands the meaning of a covered project under the FAST Act to include certain activities related to the extraction, recovery, or processing of certain critical minerals, rare earth elements, or microfine carbon or carbon from coal.</p> <p>(Sec. 20311) The USGS must identify mineral commodities that (1) serve a critical purpose to U.S. national security, and (2) are at highest risk of supply chain disruption due to the domestic or global actions of China.</p> <p>The USGS must also develop a national strategy for bolstering supply chains in the United States for mineral commodities to increase capacity and efficiency of domestic mining, refining, processing, and manufacturing of such mineral commodities.</p> <p>Subtitle D--Federal Land Use Planning </p> <p>(Sec. 20401) This section prohibits federal land and waters from being withdrawn from areas where mining activity is allowed unless four types of assessments are conducted. First, a mineral assessment of the impacted area must be completed. It must be completed within the 10-year period before the date of such withdrawal.</p> <p>Second, Interior must assess the economic, energy, strategic, and national security value of mineral deposits identified in such mineral resource assessment. </p> <p>Third, Interior must assess the reduction in future revenues resulting from the proposed mineral withdrawal. The reduction of revenues must be calculated for revenues to the Treasury, states, the Land and Water Conservation Fund, the Historic Preservation Fund, and the National Parks and Public Land Legacy Restoration Fund. </p> <p>Fourth, Interior must assess military readiness and training activities in the proposed withdrawal area.</p> <p>Before Interior or the Forest Service may update or complete a resource management plan or forest management plan respectively, they must review any mineral resource assessment conducted for the area affected by the plan. If Interior finds that a previously undiscovered mineral deposit may be present in an area that has been withdrawn from mining activity, then Interior must make recommendations to the President on measures to reduce unnecessary impacts that a withdrawal may have on mining activities.</p> <p>(Sec. 20402) The President and executive agencies may not carry out any action that would pause, restrict, or delay leasing or permitting activities on federal lands that are open to energy and mineral development as defined by the section.</p> <p>The President, BLM, or Forest Service may not rescind any existing lease, permit, or claim for the extraction and production of minerals on National Forest System land or BLM land unless (1) specifically authorized by federal statute; or (2) the lessee, permittee, or claimant fails to comply with the provisions of the applicable lease, permit, or claim.</p> <p>(Sec. 20403) This section defines terms used in this subtitle. It defines <em>federal land</em> to mean (1) National Forest System land, (2) public lands as defined in section 103 of the Federal Land Policy and Management Act of 1976, (3) the outer Continental Shelf as defined in section 2 of the Outer Continental Shelf Lands Act, and (4) land managed by the Department of Energy.</p> <p>Subtitle E--Ensuring Competitiveness on Federal Lands</p> <p>(Sec. 20501) This section decreases the fees and royalties on the development of oil and gas on federal lands and waters. Specifically, this section repeals the increases made by the Inflation Reduction Act of 2022.</p> <p>Subtitle F--Energy Revenue Sharing </p> <p>(Sec. 20601) This section revises the formula used to distribute revenue generated from certain federal oil and leases in the Gulf of Mexico. Specifically, it increases the share of revenue given to certain Gulf producing states (Alabama, Louisiana, Mississippi, and Texas). It also decreases the share of revenue given to the Treasury and the Land and Water Conservation Fund. In addition, this section eliminates the cap on revenue sharing.</p> <p>This section also exempts the revenue shared with Gulf states from sequestration payments.</p> <p>(Sec. 20602) This section establishes a formula to distribute revenue generated from offshore wind. A specified percentage of the revenue must be given to coastal states as well as the North American Wetlands Conservation Fund.</p> <p>This section also exempts the revenue shared with coastal states from sequestration payments.</p> <p>(Sec. 20603) This section eliminates the 2% fee under the Mineral Leasing Act that the federal government currently deducts from a state's share to cover administrative or other costs.</p> <p>(Sec. 20604) This subtitle ceases to have effect on September 30, 2032.</p> <p>TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT</p> <p><em>Water Quality Certification and Energy Project Improvement Act of 2023</em></p> <p>(Sec. 30002) This section revises the water quality certification process under Section 401 of the Clean Water Act (CWA) for any activity that requires a federal license or permit and may result in a discharge of pollutants into waters of the United States. Activities that require such federal licenses or permits include hydropower, natural gas pipeline, or mining projects. </p> <p>Under the existing Section 401, an applicant for a federal license or permit to conduct such activities must provide the federal licensing or permitting agency with a certification. The certification must attest that the discharge will comply with enumerated sections of the CWA (i.e., Sections 301, 302, 303, 306, and 307) and with any other appropriate requirement of state law set forth in the certification. The certifying authority--usually the state in which the discharge originates, but sometimes an Indian tribe or the Environmental Protection Agency (EPA)--may grant, grant with conditions, deny, or waive certification of a proposed federal license or permit. </p> <p>This section limits the scope of the certification process by eliminating the requirement that the discharge comply with appropriate state law set forth in the certification. It also requires decisions to grant or deny a request for certification to be based only on the enumerated sections of the CWA and provisions of state law that implement water quality criteria under Section 303. In addition, it also limits the certification process to activities that may directly result in a discharge into waters of the United States.</p> <p>This section requires certifying authorities to identify all materials or information that are necessary to grant or deny the request within 90 days of receiving a request for certification. They must also publish requirements for their water quality certifications.</p> <p>(Sec. 30003) This section provides statutory authority for the EPA to issue general permits under the National Pollutant Discharge Elimination System (NPDES) program. Under the regulations governing the NPDES program, the EPA issues permits to discharge pollutants from point sources, such as pipes, into waters of the United States. The EPA issues an individual permit under the NPDES program for a specific discharger or a general permit for a category of discharges within a geographical area from multiple dischargers.</p> <p> This section allows the EPA to issue general permits under the NPDES program for discharges of similar types from similar sources and sets forth requirements related to general permits.</p> <p>DIVISION E--INCREASE IN DEBT LIMIT</p> <p>(Sec. 40001) This section suspends the federal debt limit through March 31, 2024, or until the debt subject to the limit increases by $1.5 trillion, whichever occurs first. This section also increases the debt limit at the end of the suspension period to accommodate the obligations issued during the suspension period.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2811 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2811
To provide for a responsible increase to the debt ceiling, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Arrington (for himself, Mr. Comer, Ms. Granger, Mr. Graves of
Missouri, Ms. Foxx, Mr. McHenry, Mrs. Rodgers of Washington, Mr. Smith
of Missouri, Mr. Thompson of Pennsylvania, Mr. Westerman, and Mr.
Williams of Texas) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
the Budget, Appropriations, Oversight and Accountability, Education and
the Workforce, Agriculture, Energy and Commerce, the Judiciary, Rules,
Transportation and Infrastructure, and 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 provide for a responsible increase to the debt ceiling, 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 ``Limit, Save, Grow Act of 2023''.
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. References.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
Sec. 101. Discretionary spending limits.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
Sec. 201. Rescission of unobligated coronavirus funds.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
Sec. 211. Nullification of certain executive actions and rules relating
to Federal student loans.
Sec. 212. Limitation on authority of Secretary to propose or issue
regulations and executive actions.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
Sec. 221. Amendment of 1986 Code.
Sec. 222. Modification of credit for electricity produced from certain
renewable resources.
Sec. 223. Modification of energy credit.
Sec. 224. Repeal of increase in energy credit for solar and wind
facilities placed in service in connection
with low-income communities.
Sec. 225. Modification of credit for carbon oxide sequestration.
Sec. 226. Zero-emission nuclear power production credit repealed.
Sec. 227. Incentives for biodiesel, renewable diesel, and alternative
fuels.
Sec. 228. Second generation biofuel incentives.
Sec. 229. Repeal of sustainable aviation fuel credit.
Sec. 230. Clean hydrogen repeals.
Sec. 231. Nonbusiness energy property credit.
Sec. 232. Residential clean energy credit reverted to credit for
residential energy efficient property.
Sec. 233. Energy efficient commercial buildings deduction.
Sec. 234. Modifications to new energy efficient home credit.
Sec. 235. Clean vehicle credit.
Sec. 236. Repeal of credit for previously-owned clean vehicles.
Sec. 237. Repeal of credit for qualified commercial clean vehicles.
Sec. 238. Alternative fuel refueling property credit.
Sec. 239. Advanced energy project credit extension reversed.
Sec. 240. Repeal of advanced manufacturing production credit.
Sec. 241. Repeal of clean electricity production credit.
Sec. 242. Repeal of clean electricity investment credit.
Sec. 243. Cost recovery for qualified facilities, qualified property,
and energy storage technology removed.
Sec. 244. Repeal of clean fuel production credit.
Sec. 245. Repeal of sections relating to elective payment for energy
property and electricity produced from
certain renewable resources; transfer of
credits.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
Sec. 251. Rescission of certain balances made available to the Internal
Revenue Service.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
Sec. 301. Recalibration of the caseload reduction credit.
Sec. 302. Eliminating excess maintenance of effort spending in
determining caseload reduction credit.
Sec. 303. Elimination of small checks scheme.
Sec. 304. Reporting of work outcomes.
Sec. 305. Effective date.
TITLE II--SNAP EXEMPTIONS
Sec. 311. Age-related exemption from work requirement to receive SNAP.
Sec. 312. Rule of construction for exemption adjustment.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
Sec. 321. Community engagement requirement for applicable individuals.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
Sec. 331. Short title.
Sec. 332. Purpose.
Sec. 333. Congressional review of agency rulemaking.
Sec. 334. Budgetary effects of rules subject to section 802 of title 5,
United States Code.
Sec. 335. Government Accountability Office study of rules.
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
Sec. 10001. Securing America's critical minerals supply.
Sec. 10002. Protecting American energy production.
Sec. 10003. Researching Efficient Federal Improvements for Necessary
Energy Refining.
Sec. 10004. Promoting cross-border energy infrastructure.
Sec. 10005. Sense of Congress expressing disapproval of the revocation
of the Presidential permit for the Keystone
XL pipeline.
Sec. 10006. Sense of Congress opposing restrictions on the export of
crude oil or other petroleum products.
Sec. 10007. Unlocking our domestic LNG potential.
Sec. 10008. Sense of Congress expressing disapproval of the denial of
Jordan Cove permits.
Sec. 10009. Promoting interagency coordination for review of natural
gas pipelines.
Sec. 10010. Interim hazardous waste permits for critical energy
resource facilities.
Sec. 10011. Flexible air permits for critical energy resource
facilities.
Sec. 10012. National security or energy security waivers to produce
critical energy resources.
Sec. 10013. Natural gas tax repeal.
Sec. 10014. Repeal of greenhouse gas reduction fund.
Sec. 10015. Ending future delays in chemical substance review for
critical energy resources.
Sec. 10016. Keeping America's refineries operating.
Sec. 10017. Homeowner energy freedom.
Sec. 10018. Study.
Sec. 10019. State primary enforcement responsibility.
Sec. 10020. Use of index-based pricing in acquisition of petroleum
products for the SPR.
Sec. 10021. Prohibition on certain exports.
Sec. 10022. Sense of Congress expressing disapproval of the proposed
tax hikes on the oil and natural gas
industry in the President's fiscal year
2024 budget request.
Sec. 10023. Domestic Energy Independence report.
Sec. 10024. GAO study.
Sec. 10025. Gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
Sec. 20001. Short title.
Subtitle A--Onshore and Offshore Leasing and Oversight
Sec. 20101. Onshore oil and gas leasing.
Sec. 20102. Lease reinstatement.
Sec. 20103. Protested lease sales.
Sec. 20104. Suspension of operations.
Sec. 20105. Administrative protest process reform.
Sec. 20106. Leasing and permitting transparency.
Sec. 20107. Offshore oil and gas leasing.
Sec. 20108. Five-year plan for offshore oil and gas leasing.
Sec. 20109. Geothermal leasing.
Sec. 20110. Leasing for certain qualified coal applications.
Sec. 20111. Future coal leasing.
Sec. 20112. Staff planning report.
Sec. 20113. Prohibition on Chinese communist party ownership interest.
Sec. 20114. Effect on other law.
Sec. 20115. Requirement for GAO report on wind energy impacts.
Sec. 20116. Sense of Congress on wind energy development supply chain.
Sec. 20117. Sense of Congress on oil and gas royalty rates.
Sec. 20118. Offshore wind environmental review process study.
Sec. 20119. GAO report on wind energy impacts.
Subtitle B--Permitting Streamlining
Sec. 20201. Definitions.
Sec. 20202. BUILDER Act.
Sec. 20203. Codification of National Environmental Policy Act
regulations.
Sec. 20204. Non-major Federal actions.
Sec. 20205. No net loss determination for existing rights-of-way.
Sec. 20206. Determination of National Environmental Policy Act
adequacy.
Sec. 20207. Determination regarding rights-of-way.
Sec. 20208. Terms of rights-of-way.
Sec. 20209. Funding to process permits and develop information
technology.
Sec. 20210. Offshore geological and geophysical survey licensing.
Sec. 20211. Deferral of applications for permits to drill.
Sec. 20212. Processing and terms of applications for permits to drill.
Sec. 20213. Amendments to the Energy Policy Act of 2005.
Sec. 20214. Access to Federal energy resources from non-Federal surface
estate.
Sec. 20215. Scope of environmental reviews for oil and gas leases.
Sec. 20216. Expediting approval of gathering lines.
Sec. 20217. Lease sale litigation.
Sec. 20218. Limitation on claims.
Sec. 20219. Government Accountability Office report on permits to
drill.
Sec. 20220. E-NEPA.
Sec. 20221. Limitations on claims.
Sec. 20222. One Federal decision for pipelines.
Sec. 20223. Exemption of certain wildfire mitigation activities from
certain environmental requirements.
Sec. 20224. Vegetation management, facility inspection, and operation
and maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 20225. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 20226. Staffing plans.
Subtitle C--Permitting for Mining Needs
Sec. 20301. Definitions.
Sec. 20302. Minerals supply chain and reliability.
Sec. 20303. Federal register process improvement.
Sec. 20304. Designation of mining as a covered sector for Federal
permitting improvement purposes.
Sec. 20305. Treatment of actions under presidential determination 2022-
11 for Federal permitting improvement
purposes.
Sec. 20306. Notice for mineral exploration activities with limited
surface disturbance.
Sec. 20307. Use of mining claims for ancillary activities.
Sec. 20308. Ensuring consideration of uranium as a critical mineral.
Sec. 20309. Barring foreign bad actors from operating on Federal lands.
Sec. 20310. Permit process for projects relating to extraction,
recovery, or processing of critical
materials.
Sec. 20311. National strategy to re-shore mineral supply chains.
Subtitle D--Federal Land Use Planning
Sec. 20401. Federal land use planning and withdrawals.
Sec. 20402. Prohibitions on delay of mineral development of certain
Federal land.
Sec. 20403. Definitions.
Subtitle E--Ensuring Competitiveness on Federal Lands
Sec. 20501. Incentivizing domestic production.
Subtitle F--Energy Revenue Sharing
Sec. 20601. Gulf of Mexico Outer Continental Shelf revenue.
Sec. 20602. Parity in offshore wind revenue sharing.
Sec. 20603. Elimination of administrative fee under the Mineral Leasing
Act.
Sec. 20604. Sunset.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
Sec. 30001. Short title.
Sec. 30002. Certification.
Sec. 30003. Federal general permits.
DIVISION E--INCREASE IN DEBT LIMIT
Sec. 40001. Limited suspension of debt ceiling.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--LIMIT FEDERAL SPENDING
TITLE I--DISCRETIONARY SPENDING LIMITS FOR DISCRETIONARY CATEGORY
SEC. 101. DISCRETIONARY SPENDING LIMITS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended--
(1) in paragraph (7)(B), by striking ``and'' at the end;
and
(2) by inserting after paragraph (8) the following:
``(9) for fiscal year 2024, for the discretionary category,
$1,470,979,000,000 in new budget authority;
``(10) for fiscal year 2025, for the discretionary
category, $1,485,689,000,000 in new budget authority;
``(11) for fiscal year 2026, for the discretionary
category, $1,500,546,000,000 in new budget authority;
``(12) for fiscal year 2027, for the discretionary
category, $1,515,551,000,000 in new budget authority;
``(13) for fiscal year 2028, for the discretionary
category, $1,530,707,000,000 in new budget authority;
``(14) for fiscal year 2029, for the discretionary
category, $1,546,014,000,000 in new budget authority;
``(15) for fiscal year 2030, for the discretionary
category, $1,561,474,000,000 in new budget authority;
``(16) for fiscal year 2031, for the discretionary
category, $1,577,089,000,000 in new budget authority;
``(17) for fiscal year 2032, for the discretionary
category, $1,592,859,000,000 in new budget authority; and
``(18) for fiscal year 2033, for the discretionary
category, $1,608,788,000,000 in new budget authority;''.
(b) Conforming Amendments to Adjustments.--
(1) Continuing disability reviews and rederminations.--
Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $1,578,000,000
in additional new budget authority;
``(XII) for fiscal year 2025,
$1,630,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2026,
$1,682,000,000 in additional new budget
authority;
``(XIV) for fiscal year 2027,
$1,734,000,000 in additional new budget
authority;
``(XV) for fiscal year 2028, $1,788,000,000
in additional new budget authority;
``(XVI) for fiscal year 2029,
$1,842,000,000 in additional new budget
authority;
``(XVII) for fiscal year 2030,
$1,898,000,000 in additional new budget
authority;
``(XVIII) for fiscal year 2031,
$1,955,000,000 in additional new budget
authority;
``(XIX) for fiscal year 2032,
$2,014,000,000 in additional new budget
authority; and
``(XX) for fiscal year 2033, $2,076,000,000
in additional new budget authority.''.
(2) Health care fraud and abuse control.--Section
251(b)(2)(C)(i) of such Act is amended--
(A) in subclause (IX), by striking ``and'' at the
end;
(B) in subclause (X), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (X) the following:
``(XI) for fiscal year 2024, $604,000,000
in additional new budget authority;
``(XII) for fiscal year 2025, $630,000,000
in additional new budget authority;
``(XIII) for fiscal year 2026, $658,000,000
in additional new budget authority;
``(XIV) for fiscal year 2027, $686,000,000
in additional new budget authority;
``(XV) for fiscal year 2028, $714,000,000
in additional new budget authority;
``(XVI) for fiscal year 2029, $743,000,000
in additional new budget authority;
``(XVII) for fiscal year 2030, $771,000,000
in additional new budget authority;
``(XVIII) for fiscal year 2031,
$798,000,000 in additional new budget
authority;
``(XIX) for fiscal year 2032, $826,000,000
in additional new budget authority; and
``(XX) for fiscal year 2033, $853,000,000
in additional new budget authority.''.
(3) Disaster funding.--Section 251(b)(2)(D)(i) of such Act
is amended by inserting after ``2021'' the following: ``and
fiscal years 2024 through 2033''.
(4) Reemployment services and eligibility assessments.--
Section 251(b)(2)(E)(i) of such Act is amended--
(A) in subclause (III), by striking ``and'' at the
end;
(B) in subclause (IV), by striking the period and
inserting a semicolon; and
(C) by inserting after subclause (IV) the
following:
``(V) for fiscal year 2024,
$265,000,000 in additional new budget
authority;
``(VI) for fiscal year 2025,
$271,000,000 in additional new budget
authority;
``(VII) for fiscal year 2026,
$276,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2027,
$282,000,000 in additional new budget
authority;
``(IX) for fiscal year 2028,
$288,000,000 in additional new budget
authority;
``(X) for fiscal year 2029,
$293,000,000 in additional new budget
authority;
``(XI) for fiscal year 2030,
$299,000,000 in additional new budget
authority;
``(XII) for fiscal year 2031,
$305,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2032,
$311,000,000 in additional new budget
authority; and
``(XIV) for fiscal year 2033,
$317,000,000 in additional new budget
authority.''.
(5) Wildfire suppression.--Section 251(b)(2)(F)(i) of such
Act is amended--
(A) by striking ``through 2027'' and inserting
``through 2033'';
(B) in subclause (VII), by striking ``and'' at the
end;
(C) in subclause (VIII), by striking the period and
inserting a semicolon; and
(D) by inserting after subclause (VIII) the
following:
``(IX) for fiscal year 2028,
$2,957,000,000 in additional new budget
authority;
``(X) for fiscal year 2029,
$3,036,000,000 in additional new budget
authority;
``(XI) for fiscal year 2030,
$3,118,000,000 in additional new budget
authority;
``(XII) for fiscal year 2031,
$3,202,000,000 in additional new budget
authority;
``(XIII) for fiscal year 2032,
$3,287,000,000 in additional new budget
authority; and
``(XIV) for fiscal year 2033,
$3,376,000,000 in additional new budget
authority.''.
(c) Conforming Amendments Relating to Sequestration Reports.--
Section 254 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 904) is amended--
(1) in subsection (c)(2), by striking ``2021'' and
inserting ``2033''; and
(2) in subsection (f)(2)(A), by striking ``2021'' and
inserting ``2033''.
DIVISION B--SAVE TAXPAYER DOLLARS
TITLE I--RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS
SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.
The unobligated balances of amounts appropriated or otherwise made
available by the American Rescue Plan Act of 2021 (Public Law 117-2),
and by each of Public Laws 116-123, 116-127, 116-136, and 116-139 and
divisions M and N of Public Law 116-260, are hereby permanently
rescinded.
TITLE II--PROHIBIT UNFAIR STUDENT LOAN GIVEAWAYS
SEC. 211. NULLIFICATION OF CERTAIN EXECUTIVE ACTIONS AND RULES RELATING
TO FEDERAL STUDENT LOANS.
(a) In General.--The following shall have no force or effect:
(1) The waivers and modifications of statutory and
regulatory provisions relating to an extension of the
suspension of payments on certain loans and waivers of interest
on such loans under section 3513 of the CARES Act (20 U.S.C.
1001 note)--
(A) described by the Department of Education in the
Federal Register on October 12, 2022 (87 Fed. Reg.
61513 et seq.); and
(B) issued on or after the date of enactment of
this Act.
(2) The modifications of statutory and regulatory
provisions relating to debt discharge described by the
Department of Education in the Federal Register on October 12,
2022 (87 Fed. Reg. 61514).
(3) A final rule that is substantially similar to the
proposed rule on ``Improving Income-Driven Repayment for the
William D. Ford Federal Direct Loan Program'' published by the
Department of Education in the Federal Register on January 11,
2023 (88 Fed. Reg. 1894 et seq.).
(b) Prohibition.--The Secretary of Education may not implement any
executive action or rule specified in paragraph (1), (2), or (3) of
subsection (a) (or a substantially similar executive action or rule),
except as expressly authorized by an Act of Congress.
SEC. 212. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR ISSUE
REGULATIONS AND EXECUTIVE ACTIONS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is amended by inserting after section 492 the following:
``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO PROPOSE OR
ISSUE REGULATIONS AND EXECUTIVE ACTIONS.
``(a) Draft Regulations.--Beginning after the date of enactment of
this section, a draft regulation implementing this title (as described
in section 492(b)(1)) that is determined by the Secretary to be
economically significant shall be subject to the following requirements
(regardless of whether negotiated rulemaking occurs):
``(1) The Secretary shall determine whether the draft
regulation, if implemented, would result in an increase in a
subsidy cost resulting from a loan modification.
``(2) If the Secretary determines under paragraph (1) that
the draft regulation would result in an increase in a subsidy
cost resulting from a loan modification, then the Secretary may
take no further action with respect to such regulation.
``(b) Proposed or Final Regulations and Executive Actions.--
Notwithstanding any other provision of law, beginning after the date of
enactment of this section, the Secretary may not issue a proposed rule,
final regulation, or executive action implementing this title if the
Secretary determines that the rule, regulation, or executive action--
``(1) is economically significant; and
``(2) would result in an increase in a subsidy cost
resulting from a loan modification.
``(c) Relationship to Other Requirements.--The analyses required
under subsections (a) and (b) shall be in addition to any other cost
analysis required under law for a regulation implementing this title,
including any cost analysis that may be required pursuant to Executive
Order 12866 (58 Fed. Reg. 51735; relating to regulatory planning and
review), Executive Order 13563 (76 Fed. Reg. 3821; relating to
improving regulation and regulatory review), or any related or
successor orders.
``(d) Definition.--In this section, the term `economically
significant', when used with respect to a draft, proposed, or final
regulation or executive action, means that the regulation or executive
action is likely, as determined by the Secretary--
``(1) to have an annual effect on the economy of
$100,000,000 or more; or
``(2) adversely to affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or
tribal governments or communities.''.
TITLE III--REPEAL MARKET DISTORTING GREEN TAX CREDITS
SEC. 221. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 222. MODIFICATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2025'' each place it appears and
inserting ``January 1, 2022'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (6).
(4) Paragraph (7).
(5) Paragraph (9).
(6) Paragraph (11)(B).
(b) Base Credit Amount.--Section 45 is amended--
(1) in subsection (a)(1), by striking ``0.3 cents'' and
inserting ``1.5 cents'', and
(2) in subsection (b)(2), by striking ``0.3 cent'' each
place it appears and inserting ``1.5 cent''.
(c) Application to Geothermal and Solar.--Section 45(d)(4) is
amended by striking ``and the construction of which begins before
January 1, 2025'' and all that follows and inserting ``and which--
``(A) in the case of a facility using solar energy,
is placed in service before January 1, 2006, or
``(B) in the case of a facility using geothermal
energy, the construction of which begins before January
1, 2022.
Such term shall not include any property described in section
48(a)(3) the basis of which is taken into account by the
taxpayer for purposes of determining the energy credit under
section 48.''.
(d) Election To Treat Qualified Facilities as Energy Property.--
Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 2025'' and
inserting ``January 1, 2022''.
(e) Wind Facilities.--
(1) In general.--Section 45(d)(1) is amended by striking
``January 1, 2025'' and inserting ``January 1, 2022''.
(2) Application of phaseout percentage.--
(A) Renewable electricity production credit.--
Section 45(b)(5) is amended by striking ``which is
placed in service before January 1, 2022''.
(B) Energy credit.--Section 48(a)(5)(E) is amended
by striking ``placed in service before January 1, 2022,
and''.
(3) Qualified offshore wind facilities under energy
credit.--Section 48(a)(5)(F)(i) is amended by striking
``offshore wind facility, subparagraph (E) shall not apply.''
and inserting ``offshore wind facility--
``(I) subparagraph (C)(ii) shall be
applied by substituting `January 1,
2026' for `January 1, 2022',
``(II) subparagraph (E) shall not
apply, and
``(III) for purposes of this
paragraph, section 45(d)(1) shall be
applied by substituting `January 1,
2026' for `January 1, 2022'.''.
(f) Wage and Apprenticeship Requirements.--Section 45(b) is amended
by striking paragraphs (6), (7), and (8).
(g) Domestic Content, Phaseout, and Energy Communities.--Section
45(b) is amended by striking paragraphs (9), (10), (11), and (12).
(h) Credit Reduced for Grants, Tax-Exempt Bonds, Subsidized Energy
Financing, and Other Credits.--Section 45(b)(3) is amended to read as
follows:
``(3) Credit reduced for grants, tax-exempt bonds,
subsidized energy financing, and other credits.--The amount of
the credit determined under subsection (a) with respect to any
project for any taxable year (determined after the application
of paragraphs (1) and (2)) shall be reduced by the amount which
is the product of the amount so determined for such year and
the lesser of \1/2\ or a fraction--
``(A) the numerator of which is the sum, for the
taxable year and all prior taxable years, of--
``(i) grants provided by the United States,
a State, or a political subdivision of a State
for use in connection with the project,
``(ii) proceeds of an issue of State or
local government obligations used to provide
financing for the project the interest on which
is exempt from tax under section 103,
``(iii) the aggregate amount of subsidized
energy financing provided (directly or
indirectly) under a Federal, State, or local
program provided in connection with the
project, and
``(iv) the amount of any other credit
allowable with respect to any property which is
part of the project, and
``(B) the denominator of which is the aggregate
amount of additions to the capital account for the
project for the taxable year and all prior taxable
years.
The amounts under the preceding sentence for any taxable year
shall be determined as of the close of the taxable year. This
paragraph shall not apply with respect to any facility
described in subsection (d)(2)(A)(ii).''.
(i) Rounding Adjustment.--
(1) In general.--Section 45(b)(2) is amended to read as
follows:
``(2) Credit and phaseout adjustment based on inflation.--
The 1.5 cent amount in subsection (a), the 8 cent amount in
paragraph (1), the $4.375 amount in subsection (e)(8)(A), the
$2 amount in subsection (e)(8)(D)(ii)(I), and in subsection
(e)(8)(B)(i) the reference price of fuel used as a feedstock
(within the meaning of subsection (c)(7)(A)) in 2002 shall each
be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding sentence
is not a multiple of 0.1 cent, such amount shall be rounded to
the nearest multiple of 0.1 cent.''.
(2) Conforming amendment.--Section 45(b)(4)(A) is amended
by striking ``last two sentences'' and inserting ``last
sentence''.
(j) Hydropower.--
(1) Credit rate reduction for qualified hydroelectric
production and marine and hydrokinetic renewable energy.--
Section 45(b)(4)(A) is amended by striking ``or (7)'' and
inserting ``(7), (9), or (11)''.
(2) Marine and hydrokinetic renewable energy.--Section 45
is amended--
(A) in subsection (c)(10)(A)--
(i) in clause (iii), by adding ``or'' at
the end,
(ii) in clause (iv), by striking ``, or''
and inserting a period, and
(iii) by striking clause (v), and
(B) in subsection (d)(11)(A), by striking ``25''
and inserting ``150''.
(k) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
facilities placed in service after December 31, 2021.
(2) Credit reduced for grants, tax-exempt bonds, subsidized
energy financing, and other credits.--The amendment made by
subsection (h) shall apply to facilities the construction of
which begins after August 16, 2022.
(3) Domestic content, phaseout, energy communities.--The
amendments made by subsections (g) and (j) shall apply to
facilities placed in service after December 31, 2022.
SEC. 223. MODIFICATION OF ENERGY CREDIT.
(a) In General.--The following provisions of section 48 are each
amended by striking ``January 1, 2025''' each place it appears and
inserting ``January 1, 2024'':
(1) Subsection (a)(2)(A)(i)(II).
(2) Subsection (a)(3)(A)(ii).
(3) Subsection (c)(1)(E).
(4) Subsection (c)(2)(D).
(5) Subsection (c)(3)(A)(iv).
(6) Subsection (c)(4)(C).
(7) Subsection (c)(5)(D).
(b) Certain Energy Property.--Section 48(a)(3)(A)(vii) is amended
by striking ``January 1, 2035'' and inserting ``January 1, 2024''.
(c) Phaseout of Credit.--Section 48(a) is amended by striking
paragraphs (6) and (7) and inserting the following new paragraphs:
``(6) Phaseout for solar energy property.--
``(A) In general.--Subject to subparagraph (B), in
the case of any energy property described in paragraph
(3)(A)(i) the construction of which begins before
January 1, 2024, the energy percentage determined under
paragraph (2) shall be equal to--
``(i) in the case of any property the
construction of which begins after December 31,
2019, and before January 1, 2023, 26 percent,
and
``(ii) in the case of any property the
construction of which begins after December 31,
2022, and before January 1, 2024, 22 percent.
``(B) Placed in service deadline.--In the case of
any energy property described in paragraph (3)(A)(i)
the construction of which begins before January 1,
2024, and which is not placed in service before January
1, 2026, the energy percentage determined under
paragraph (2) shall be equal to 10 percent.
``(7) Phaseout for certain other energy property.--
``(A) In general.--Subject to subparagraph (B), in
the case of any qualified fuel cell property, qualified
small wind property, waste energy recovery property, or
energy property described in paragraph (3)(A)(ii), the
energy percentage determined under paragraph (2) shall
be equal to--
``(i) in the case of any property the
construction of which begins after December 31,
2019, and before January 1, 2023, 26 percent,
and
``(ii) in the case of any property the
construction of which begins after December 31,
2022, and before January 1, 2024, 22 percent.
``(B) Placed in service deadline.--In the case of
any energy property described in subparagraph (A) which
is not placed in service before January 1, 2026, the
energy percentage determined under paragraph (2) shall
be equal to 0 percent.''.
(d) Base Energy Percentage Amount.--Section 48(a) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``6 percent'' and
inserting ``30 percent'', and
(B) in clause (ii), by striking ``2 percent'' and
inserting ``10 percent'', and
(2) in paragraph (5)(A)(ii), by striking ``6 percent'' and
inserting ``30 percent''.
(e) Credit for Geothermal.--Section 48(a)(2)(A)(i)(II) is amended
by striking ``clause (i) or (iii) of paragraph (3)(A)'' and inserting
``paragraph (3)(A)(i)''.
(f) Energy Storage Technologies, Qualified Biogas Property;
Microgrid Controllers Removed.--
(1) In general.--Section 48(a)(3)(A) is amended by
inserting ``or'' at the end of clause (vii) and by striking
clauses (ix), (x), and (xi).
(2) Conforming changes.--
(A) Section 48(a)(2)(A)(i) is amended by inserting
``and'' at the end of subclauses (IV) and (V) and by
striking subclauses (VI), (VII), (VIII), and (IX).
(B) Section 48(c) is amended by striking paragraphs
(6), (7), and (8).
(C) Section 45(e) is amended by striking paragraph
(12).
(D) Section 50(d)(2) is amended by striking ``At
the election of a taxpayer'' and all that follows
through ``equal to or less than 500 kilowatt hours.''
(g) Fuel Cells Using Electromechanical Processes.--
(1) In general.--Section 48(c)(1) is amended--
(A) in subparagraph (A)(i)--
(i) by striking ``or electromechanical'',
and
(ii) by striking ``(1 kilowatt in the case
of a fuel cell power plant with a linear
generator assembly)'', and
(B) in subparagraph (C)--
(i) by striking ``, or linear generator
assembly'', and
(ii) by striking ``or electromechanical''.
(2) Linear generator assembly limitation.--Section 48(c)(1)
is amended by striking subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(h) Dynamic Glass.--Section 48(a)(3)(A)(ii) is amended by striking
``or electrochromic glass which uses electricity to change its light
transmittance properties in order to heat or cool a structure,''.
(i) Coordination Rule Removed.--Paragraph (3) of section 50(c) is
amended--
(1) by inserting ``and'' at the end of subparagraph (A),
(2) by striking ``, and'' at the end of subparagraph (B)
and inserting a period, and
(3) by striking subparagraph (C).
(j) Interconnection Property.--Section 48(a) is amended by striking
paragraph (8).
(k) Energy Projects, Wage Requirements, and Apprenticeship
Requirements.--Section 48(a) is amended by striking paragraphs (9),
(10), and (11).
(l) Domestic Content, Phaseout for Elective Payment.--Section 48(a)
is amended by striking paragraphs (12) and (13).
(m) Rule for Property Financed by Tax-Exempt Bonds Removed; Text of
Special Rule for Property Financed by Subsidized Energy Financing or
Industrial Development Bonds Restored.--Section 48(a)(4) is amended to
read as follows:
``(4) Special rule for property financed by subsidized
energy financing or industrial development bonds.--
``(A) Reduction of basis.--For purposes of applying
the energy percentage to any property, if such property
is financed in whole or in part by--
``(i) subsidized energy financing, or
``(ii) the proceeds of a private activity
bond (within the meaning of section 141) the
interest on which is exempt from tax under
section 103,
the amount taken into account as the basis of such
property shall not exceed the amount which (but for
this subparagraph) would be so taken into account
multiplied by the fraction determined under
subparagraph (B).
``(B) Determination of fraction.--For purposes of
subparagraph (A), the fraction determined under this
subparagraph is 1 reduced by a fraction--
``(i) the numerator of which is that
portion of the basis of the property which is
allocable to such financing or proceeds, and
``(ii) the denominator of which is the
basis of the property.
``(C) Subsidized energy financing.--For purposes of
subparagraph (A), the term `subsidized energy
financing' means financing provided under a Federal,
State, or local program a principal purpose of which is
to provide subsidized financing for projects designed
to conserve or produce energy.
``(D) Termination.--This paragraph shall not apply
to periods after December 31, 2008, under rules similar
to the rules of section 48(m) (as in effect on the day
before the date of the enactment of the Revenue
Reconciliation Act of 1990).''.
(n) Treatment of Contracts Involving Energy Storage.--Section
7701(e) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(i), by inserting ``or'' at
the end of subclause (II), by striking ``or'' at the
end of subclause (III) and inserting ``and'', and by
striking subclause (IV), and
(B) by striking subparagraph (F), and
(2) in paragraph (4), by striking ``water treatment works
facility, or storage facility'' and inserting ``or water
treatment works facility''.
(o) Removal of Increased Credit Rate for Energy Communities.--
Section 48(a) is amended by striking paragraph (14).
(p) Regulations.--Section 48(a) is amended by striking paragraph
(15).
(q) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to
property placed in service after December 31, 2021.
(2) Other property.--The amendments made by subsections
(f), (g), (h), (i), (j), (l), (n), and (o) shall apply to
property placed in service after December 31, 2022.
(3) Removal of rule for property financed by tax exempt
bonds.--The amendment made by subsection (m) shall apply to
property the construction of which begins after August 16,
2022.
SEC. 224. REPEAL OF INCREASE IN ENERGY CREDIT FOR SOLAR AND WIND
FACILITIES PLACED IN SERVICE IN CONNECTION WITH LOW-
INCOME COMMUNITIES.
(a) In General.--Section 48 is amended by striking subsection (e).
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
SEC. 225. MODIFICATION OF CREDIT FOR CARBON OXIDE SEQUESTRATION.
(a) Carbon Oxide Capture Requirements.--
(1) In general.--Section 45Q(d) is amended to read as
follows:
``(d) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility or direct air
capture facility--
``(1) the construction of which begins before January 1,
2026, and--
``(A) construction of carbon capture equipment
begins before such date, or
``(B) the original planning and design for such
facility includes installation of carbon capture
equipment, and
``(2) which captures--
``(A) in the case of a facility which emits not
more than 500,000 metric tons of carbon oxide into the
atmosphere during the taxable year, not less than
25,000 metric tons of qualified carbon oxide during the
taxable year which is utilized in a manner described in
subsection (f)(5),
``(B) in the case of an electricity generating
facility which is not described in subparagraph (A),
not less than 500,000 metric tons of qualified carbon
oxide during the taxable year, or
``(C) in the case of a direct air capture facility
or any facility not described in subparagraph (A) or
(B), not less than 100,000 metric tons of qualified
carbon oxide during the taxable year.''.
(2) Definitions removed.--
(A) In general.--Section 45Q(e) is amended by
striking paragraphs (1) and (2) and redesignating
paragraphs (3) through (5) as paragraphs (1) through
(3), respectively.
(B) Conforming amendment.--Section 142(o)(1)(B) is
amended by striking ``section 45Q(e)(3)'' and inserting
``section 45Q(e)(1)''.
(b) Modified Applicable Dollar Amount.--Section 45Q(b)(1) is
amended to read as follows:
``(1) Applicable dollar amount.--
``(B) In general.--The applicable dollar amount
shall be an amount equal to--
``(i) for any taxable year beginning in a
calendar year after 2016 and before 2027--
``(I) for purposes of paragraph (3)
of subsection (a), the dollar amount
established by linear interpolation
between $22.66 and $50 for each
calendar year during such period, and
``(II) for purposes of paragraph
(4) of such subsection, the dollar
amount established by linear
interpolation between $12.83 and $35
for each calendar year during such
period, and
``(ii) for any taxable year beginning in a
calendar year after 2026--
``(I) for purposes of paragraph (3)
of subsection (a), an amount equal to
the product of $50 and the inflation
adjustment factor for such calendar
year determined under section
43(b)(3)(B) for such calendar year,
determined by substituting `2025' for
`1990', and
``(II) for purposes of paragraph
(4) of such subsection, an amount equal
to the product of $35 and the inflation
adjustment factor for such calendar
year determined under section
43(b)(3)(B) for such calendar year,
determined by substituting `2025' for
`1990'.
``(C) Rounding.--The applicable dollar amount
determined under subparagraph (A) shall be rounded to
the nearest cent.''.
(c) Wage and Apprenticeship Requirements.--Section 45Q is amended
by striking subsection (h) and by redesignating subsection (i) as
subsection (h).
(d) Credit Reduced for Tax-Exempt Bonds.--Section 45Q(f) is amended
by striking paragraph (8).
(e) Application of Section for Certain Carbon Capture Equipment.--
Section 45Q(g) is amended by striking ``the earlier of January 1, 2023,
and''.
(f) Election.--Section 45Q(f) is amended by striking paragraph (9).
(g) No Regulations for Baseline Carbon Oxide Production.--
Subsection (h) of section 45Q, as redesignated by subsection (c), is
amended--
(1) in paragraph (1), by adding ``and'' at the end,
(2) in paragraph (2), by striking ``, and'' and inserting a
period, and
(3) by striking paragraph (3).
(h) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
and (4), the amendments made by this section shall apply to
facilities or equipment placed in service after December 31,
2022.
(2) Carbon oxide capture requirements.--The amendments made
by subsection (a) shall apply to facilities or equipment the
construction of which begins after August 16, 2022.
(3) Application of section for certain carbon capture
equipment.--The amendments made by subsection (e) shall take
effect on August 16, 2022.
(4) Election.--The amendment made by subsection (f) shall
apply to carbon oxide captured and disposed of after December
31, 2021.
SEC. 226. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT REPEALED.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45U (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--Section 38(b) is amended--
(1) in paragraph (32), by adding ``plus'' at the end,
(2) in paragraph (33), by striking the comma at the end and
inserting a period, and
(3) by striking paragraph (34).
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold after December 31, 2023, in
taxable years beginning after such date.
SEC. 227. INCENTIVES FOR BIODIESEL, RENEWABLE DIESEL, AND ALTERNATIVE
FUELS.
(a) Biodiesel and Renewable Diesel Credit.--Section 40A(g) is
amended by striking ``December 31, 2024'' and inserting ``December 31,
2022''.
(b) Biodiesel Mixture Credit.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2024'' and inserting ``December 31, 2022''.
(2) Fuels not used for taxable purposes.--Section
6427(e)(6)(B) is amended by striking ``December 31, 2024'' and
inserting ``December 31, 2022''.
(c) Alternative Fuel Credit.--Section 6426(d)(5) is amended by
striking ``December 31, 2024'' and inserting ``December 31, 2021''.
(d) Alternative Fuel Mixture Credit.--Section 6426(e)(3) is amended
by striking ``December 31, 2024'' and inserting ``December 31, 2021''.
(e) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is
amended by striking ``December 31, 2024'' and inserting ``December 31,
2021''.
(f) Repeal of Special Rule.--Subsection (g) of section 13201 of
Public Law 117-169 is repealed.
(g) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2021.
SEC. 228. SECOND GENERATION BIOFUEL INCENTIVES.
(a) In General.--Section 40(b)(6)(j)(i) is amended by striking
``2025'' and inserting ``2022''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to qualified second generation biofuel production after December
31, 2021.
SEC. 229. REPEAL OF SUSTAINABLE AVIATION FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 40B (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (35).
(c) Coordination With Biodiesel Removed.--
(1) In general.--Section 40A(d)(1) is amended by striking
``or 40B''.
(2) Conforming amendment.--Section 40A(f) is amended by
adding at the end the following:
``(4) Certain aviation fuel.--
``(A) In general.--Except as provided in the last 3
sentences of paragraph (3), the term `renewable diesel'
shall include fuel derived from biomass which 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) Application of mixture credits.--In the case
of fuel which is treated as renewable diesel solely by
reason of subparagraph (A), subsection (b)(1) and
section 6426(c) shall be applied with respect to such
fuel by treating kerosene as though it were diesel
fuel.''.
(3) Sustainable aviation fuel credit provisions removed.--
Section 6426 is amended by striking subsection (k).
(d) Conforming Amendments.--
(1) Section 6426 is amended--
(A) in subsection (a)(1), by striking ``(e), and
(k)'' and inserting ``and (e)'', and
(B) in subsection (h), by striking ``under section
40, 40A, or 40B'' and inserting ``under section 40 or
40A''.
(2) Section 6427(e) is amended--
(A) in the heading, by striking ``Alternative Fuel,
or Sustainable Aviation Fuel'' and inserting ``or
Alternative Fuel'',
(B) in paragraph (1), by striking ``or the
sustainable aviation fuel mixture credit'', and
(C) in paragraph (6)--
(i) in subparagraph (C), by adding ``and''
at the end,
(ii) in subparagraph (D), by striking ``,
and'' and inserting a period, and
(iii) by striking subparagraph (E).
(3) Section 4101(a)(1) is amended by striking ``every
person producing or importing sustainable aviation fuel (as
defined in section 40B),''.
(4) Section 87 is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``, and'' and
inserting a period, and
(C) by striking paragraph (3).
(e) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2022.
SEC. 230. CLEAN HYDROGEN REPEALS.
(a) Credit for Production of Clean Hydrogen Repealed.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 is amended by striking section 45V (and by striking
the item relating to such section in the table of sections for
such subpart).
(2) Conforming amendment.--Section 38(b) is amended by
striking paragraph (36).
(3) Effective date.--The amendments made by this section
shall apply to hydrogen produced after December 31, 2022.
(b) Credit for Electricity Produced From Renewable Resources
Allowed if Electricity Is Used To Produce Clean Hydrogen.--
(1) In general.--Section 45(e) is amended by striking
paragraph (13).
(2) Effective date.--The amendments made by this subsection
shall apply to electricity produced after December 31, 2022.
(c) Election To Treat Clean Hydrogen Production Facilities as
Energy Property.--
(1) In general.--Section 48(a) is amended by striking
paragraph (15) and by redesignating paragraph (16) as paragraph
(15).
(2) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2022.
(d) Reinstatement of Alternative Fuel Credit for Liquefied
Hydrogen.--
(1) In general.--Section 6426(d)(2) is amended by
redesignating subparagraphs (D), (E), and (F) as subparagraphs
(E), (F), and (G), respectively, and by inserting after
subparagraph (C) the following:
``(D) liquefied hydrogen,''.
(2) Conforming amendment.--Section 6426(e)(2) is amended by
striking ``(E)'' and inserting ``(F)''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2022.
SEC. 231. NONBUSINESS ENERGY PROPERTY CREDIT.
(a) In General.--Section 25C is amended to read as follows:
``SEC. 25C. NONBUSINESS ENERGY PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of--
``(1) 10 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements installed
during such taxable year, and
``(2) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable year.
``(b) Limitations.--
``(1) Lifetime limitation.--The credit allowed under this
section with respect to any taxpayer for any taxable year shall
not exceed the excess (if any) of $500 over the aggregate
credits allowed under this section with respect to such
taxpayer for all prior taxable years ending after December 31,
2005.
``(2) Windows.--In the case of amounts paid or incurred for
components described in subsection (c)(3)(B) by any taxpayer
for any taxable year, the credit allowed under this section
with respect to such amounts for such year shall not exceed the
excess (if any) of $200 over the aggregate credits allowed
under this section with respect to such amounts for all prior
taxable years ending after December 31, 2005.
``(3) Limitation on residential energy property
expenditures.--The amount of the credit allowed under this
section by reason of subsection (a)(2) shall not exceed--
``(A) $50 for any advanced main air circulating
fan,
``(B) $150 for any qualified natural gas, propane,
or oil furnace or hot water boiler, and
``(C) $300 for any item of energy-efficient
building property.
``(c) Qualified Energy Efficiency Improvements.--For purposes of
this section--
``(1) In general.--The term `qualified energy efficiency
improvements' means any energy efficient building envelope
component, if--
``(A) such component is installed in or on a
dwelling unit located in the United States and owned
and used by the taxpayer as the taxpayer's principal
residence (within the meaning of section 121),
``(B) the original use of such component commences
with the taxpayer, and
``(C) such component reasonably can be expected to
remain in use for at least 5 years.
``(2) Energy efficient building envelope component.--The
term `energy efficient building envelope component' means a
building envelope component which meets--
``(A) applicable Energy Star program requirements,
in the case of a roof or roof products,
``(B) version 6.0 Energy Star program requirements,
in the case of an exterior window, a skylight, or an
exterior door, and
``(C) the prescriptive criteria for such component
established by the 2009 International Energy
Conservation Code, as such Code (including supplements)
is in effect on the date of the enactment of the
American Recovery and Reinvestment Tax Act of 2009, in
the case of any other component.
``(3) Building envelope component.--The term `building
envelope component' means--
``(A) any insulation material or system which is
specifically and primarily designed to reduce the heat
loss or gain of a dwelling unit when installed in or on
such dwelling unit,
``(B) exterior windows (including skylights),
``(C) exterior doors, and
``(D) any metal roof or asphalt roof installed on a
dwelling unit, but only if such roof has appropriate
pigmented coatings or cooling granules which are
specifically and primarily designed to reduce the heat
gain of such dwelling unit.
``(4) Manufactured homes included.--The term `dwelling
unit' includes a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations).
``(d) Residential Energy Property Expenditures.--For purposes of
this section--
``(1) In general.--The term `residential energy property
expenditures' means expenditures made by the taxpayer for
qualified energy property which is--
``(A) installed on or in connection with a dwelling
unit located in the United States and owned and used by
the taxpayer as the taxpayer's principal residence
(within the meaning of section 121), and
``(B) originally placed in service by the taxpayer.
Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the property.
``(2) Qualified energy property.--
``(A) In general.--The term `qualified energy
property' means--
``(i) energy-efficient building property,
``(ii) a qualified natural gas, propane, or
oil furnace or hot water boiler, or
``(iii) an advanced main air circulating
fan.
``(B) Performance and quality standards.--Property
described under subparagraph (A) shall meet the
performance and quality standards, and the
certification requirements (if any), which--
``(i) have been prescribed by the Secretary
by regulations (after consultation with the
Secretary of Energy or the Administrator of the
Environmental Protection Agency, as
appropriate), and
``(ii) are in effect at the time of the
acquisition of the property, or at the time of
the completion of the construction,
reconstruction, or erection of the property, as
the case may be.
``(C) Requirements and standards for air
conditioners and heat pumps.--The standards and
requirements prescribed by the Secretary under
subparagraph (B) with respect to the energy efficiency
ratio (EER) for central air conditioners and electric
heat pumps--
``(i) shall require measurements to be
based on published data which is tested by
manufacturers at 95 degrees Fahrenheit, and
``(ii) may be based on the certified data
of the Air Conditioning and Refrigeration
Institute that are prepared in partnership with
the Consortium for Energy Efficiency.
``(3) Energy-efficient building property.--The term
`energy-efficient building property' means--
``(A) an electric heat pump water heater which
yields a Uniform Energy Factor of at least 2.2 in the
standard Department of Energy test procedure,
``(B) an electric heat pump which achieves the
highest efficiency tier established by the Consortium
for Energy Efficiency, as in effect on January 1, 2009,
``(C) a central air conditioner which achieves the
highest efficiency tier established by the Consortium
for Energy Efficiency, as in effect on January 1, 2009,
and
``(D) a natural gas, propane, or oil water heater
which has either a Uniform Energy Factor of at least
0.82 or a thermal efficiency of at least 90 percent.
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or oil
furnace or hot water boiler' means a natural gas, propane, or
oil furnace or hot water boiler which achieves an annual fuel
utilization efficiency rate of not less than 95.
``(5) Advanced main air circulating fan.--The term
`advanced main air circulating fan' means a fan used in a
natural gas, propane, or oil furnace and which has an annual
electricity use of no more than 2 percent of the total annual
energy use of the furnace (as determined in the standard
Department of Energy test procedures).
``(e) Special Rules.--For purposes of this section--
``(1) Application of rules.--Rules similar to the rules
under paragraphs (4), (5), (6), (7), and (8) of section 25D(e)
shall apply.
``(2) Joint ownership of energy items.--
``(A) In general.--Any expenditure otherwise
qualifying as an expenditure under this section shall
not be treated as failing to so qualify merely because
such expenditure was made with respect to two or more
dwelling units.
``(B) Limits applied separately.--In the case of
any expenditure described in subparagraph (A), the
amount of the credit allowable under subsection (a)
shall (subject to paragraph (1)) be computed separately
with respect to the amount of the expenditure made for
each dwelling unit.
``(3) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any property, there shall not be
taken into account expenditures which are made from subsidized
energy financing (as defined in section 48(a)(4)(C)).
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(g) Termination.--This section shall not apply with respect to
any property placed in service--
``(1) after December 31, 2007, and before January 1, 2009,
or
``(2) after December 31, 2021.''.
(b) Conforming Amendments.--
(1) Section 1016(a)(33) is amended by striking ``section
25C(g)'' and inserting ``25C(f)''.
(2) Section 6213(g)(2) is amended--
(A) by adding ``and'' at the end of subparagraph
(P),
(B) by striking the comma at the end of
subparagraph (Q) and inserting a period, and
(C) by striking subparagraphs (R) and (S).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2021.
SEC. 232. RESIDENTIAL CLEAN ENERGY CREDIT REVERTED TO CREDIT FOR
RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension Reversed.--
(1) In general.--Section 25D(h) is amended by striking
``December 31, 2034'' and inserting ``December 31, 2023''.
(2) Phaseout restored.--Section 25D(g) is amended--
(A) in paragraph (1), by adding ``and'' at the end,
(B) in paragraph (2), by striking ``before January
1, 2022, 26 percent,'' and inserting ``before January
1, 2023, 26 percent, and'',
(C) in paragraph (3), by striking ``December 31,
2021, and before January 1, 2033, 30 percent,'' and
inserting ``December 31, 2022, and before January 1,
2024, 22 percent.'', and
(D) by striking paragraphs (4) and (5).
(b) Residential Clean Energy Credit for Battery Storage Technology
Removed; Biomass Expenditure Provisions Restored.--
(1) In general.--Paragraph (6) of section 25D(a) is amended
to read as follows:
``(6) the qualified biomass fuel property expenditures,'',
(2) Definition of qualified biomass fuel property
expenditures restored.--Paragraph (6) of section 25D(d) is
amended to read as follows:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for
property--
``(i) which uses the burning of biomass
fuel to heat a dwelling unit located in the
United States and used as a residence by the
taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency
rating of at least 75 percent (measured by the
higher heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section,
the term `biomass fuel' means any plant-derived fuel
available on a renewable or recurring basis.''.
(c) Conforming Amendments.--
(1) Section 25D(d)(3) is amended by striking ``, without
regard to subparagraph (D) thereof''.
(2) The heading for section 25D is amended by striking
``clean energy credit'' and inserting ``energy efficient
property''.
(3) The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 25D and inserting the following:
``Sec. 25D. Residential energy efficient property.''
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
made after December 31, 2021.
(2) Residential clean energy credit for battery storage
technology removed; biomass expenditure provisions restored.--
The amendments made by subsection (b) shall apply to
expenditures made after December 31, 2022.
SEC. 233. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
(a) In General.--
(1) Maximum amount of deduction rules restored.--Section
179D(b) is amended to read as follows:
``(b) Maximum Amount of Deduction.--The deduction under subsection
(a) with respect to any building for any taxable year shall not exceed
the excess (if any) of--
``(1) the product of--
``(A) $1.80, and
``(B) the square footage of the building, over
``(2) the aggregate amount of the deductions under
subsection (a) with respect to the building for all prior
taxable years.''.
(2) Modification of efficiency standard.--Section
179D(c)(1)(D) is amended by striking ``25 percent'' and
inserting ``50 percent''.
(3) Reference standard.--Section 179D(c)(2) is amended to
read as follows:
``(2) Reference standard 90.1.--The term `Reference
Standard 90.1' means, with respect to any property, the most
recent Standard 90.1 published by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America which has
been affirmed by the Secretary, after consultation with the
Secretary of Energy, for purposes of this section not later
than the date that is 2 years before the date that construction
of such property begins.''.
(4) Partial allowance.--
(A) In general.--Section 179D(d) is amended--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively, and
(ii) by inserting before paragraph (2) the
following:
``(1) Partial allowance.--
``(A) In general.--Except as provided in subsection
(f), if--
``(i) the requirement of subsection
(c)(1)(D) is not met, but
``(ii) there is a certification in
accordance with paragraph (6) that any system
referred to in subsection (c)(1)(C) satisfies
the energy-savings targets established by the
Secretary under subparagraph (B) with respect
to such system,
then the requirement of subsection (c)(1)(D) shall be
treated as met with respect to such system, and the
deduction under subsection (a) shall be allowed with
respect to energy efficient commercial building
property installed as part of such system and as part
of a plan to meet such targets, except that subsection
(b) shall be applied to such property by substituting
`$.60' for `$1.80'.
``(B) Regulations.--The Secretary, after
consultation with the Secretary of Energy, shall
establish a target for each system described in
subsection (c)(1)(C) such that, if such targets were
met for all such systems, the building would meet the
requirements of subsection (c)(1)(D).''.
(B) Conforming amendments.--
(i) Section 179D(c)(1)(D) is amended--
(I) by striking ``subsection
(d)(5)'' and inserting ``subsection
(d)(6)'', and
(II) by striking ``subsection
(d)(1)'' and inserting ``subsection
(d)(2)''.
(ii) Paragraph (3)(A) of section 179D(d),
as redesignated by subparagraph (A), is amended
by striking ``paragraph (1)'' and inserting
``paragraph (2)''.
(iii) Paragraph (5) of section 179D(d), as
redesignated by subparagraph (A), is amended by
striking ``paragraph (2)(B)(iii)'' and
inserting ``paragraph (3)(B)(iii)''.
(iv) Section 179D(h)(2) is amended by
inserting ``or (d)(1)(A)'' after ``subsection
(c)(1)(D)''.
(5) Allocation of deduction for public property.--Paragraph
(4) of section 179D(d), as redesignated by paragraph (4)(A), is
amended to read as follows:
``(4) Allocation of deduction for public property.--In the
case of energy efficient commercial building property installed
on or in property owned by a Federal, State, or local
government or a political subdivision thereof, the Secretary
shall promulgate a regulation to allow the allocation of the
deduction to the person primarily responsible for designing the
property in lieu of the owner of such property. Such person
shall be treated as the taxpayer for purposes of this
section.''.
(6) Alternative deduction for energy efficient building
retrofit property repealed.--
(A) In general.--Section 179D is amended by
striking subsection (f).
(B) Restoration of text relating to interim rules
for lighting systems.--Section 179D is amended by
inserting after subsection (e) the following:
``(f) Interim Rules for Lighting Systems.--Until such time as the
Secretary issues final regulations under subsection (d)(1)(B) with
respect to property which is part of a lighting system--
``(1) In general.--The lighting system target under
subsection (d)(1)(A)(ii) shall be a reduction in lighting power
density of 25 percent (50 percent in the case of a warehouse)
of the minimum requirements in Table 9.5.1 or Table 9.6.1 (not
including additional interior lighting power allowances) of
Standard 90.1-2007.
``(2) Reduction in deduction if reduction less than 40
percent.--
``(A) In general.--If, with respect to the lighting
system of any building other than a warehouse, the
reduction in lighting power density of the lighting
system is not at least 40 percent, only the applicable
percentage of the amount of deduction otherwise
allowable under this section with respect to such
property shall be allowed.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage is the
number of percentage points (not greater than 100)
equal to the sum of--
``(i) 50, and
``(ii) the amount which bears the same
ratio to 50 as the excess of the reduction of
lighting power density of the lighting system
over 25 percentage points bears to 15.
``(C) Exceptions.--This subsection shall not apply
to any system--
``(i) the controls and circuiting of which
do not comply fully with the mandatory and
prescriptive requirements of Standard 90.1-2007
and which do not include provision for bilevel
switching in all occupancies except hotel and
motel guest rooms, store rooms, restrooms, and
public lobbies, or
``(ii) which does not meet the minimum
requirements for calculated lighting levels as
set forth in the Illuminating Engineering
Society of North America Lighting Handbook,
Performance and Application, Ninth Edition,
2000.''.
(7) Inflation adjustment.--Section 179D(g) is amended--
(A) by inserting ``or subsection (d)(1)(A)'' after
``subsection (b)'',
(B) by striking ``2022'' and inserting ``2020'',
and
(C) by striking ``calendar year 2021'' and
inserting ``calendar year 2019''.
(b) Special Rule for Real Estate Investment Trusts Removed.--
Section 312(k)(3)(B) is amended to read as follows:
``(B) Treatment of amounts deductible under section
179, 179b, 179c, 179d, or 179e.--For purposes of
computing the earnings and profits of a corporation,
any amount deductible under section 179, 179B, 179C,
179D, or 179E shall be allowed as a deduction ratably
over the period of 5 taxable years (beginning with the
taxable year for which such amount is deductible under
section 179, 179B, 179C, 179D, or 179E, as the case may
be).''.
(c) Conforming Amendment.--Paragraph (2) of section 179D(d), as
redesignated by subsection (a)(4)(A), is amended by striking ``not
later than the date that is 4 years before the date such property is
placed in service'' and inserting ``not later than the date that is 2
years before the date that construction of such property begins''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 234. MODIFICATIONS TO NEW ENERGY EFFICIENT HOME CREDIT.
(a) Extension Reversed.--Section 45L(h) is amended by striking
``December 31, 2032'' and inserting ``December 31, 2021''.
(b) Decrease in Credit Amounts.--Paragraph (2) of section 45L(a) is
amended to read as follows:
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to--
``(A) in the case of a dwelling unit described in
paragraph (1) or (2) of subsection (c), $2,000, and
``(B) in the case of a dwelling unit described in
paragraph (3) of subsection (c), $1,000.''.
(c) Reversal of Modification of Energy Saving Requirements.--
Section 45L(c) is amended to read as follows:
``(c) Energy Saving Requirements.--A dwelling unit meets the energy
saving requirements of this subsection if such unit is--
``(1) certified--
``(A) to have a level of annual heating and cooling
energy consumption which is at least 50 percent below
the annual level of heating and cooling energy
consumption of a comparable dwelling unit--
``(i) which is constructed in accordance
with the standards of chapter 4 of the 2006
International Energy Conservation Code, as such
Code (including supplements) is in effect on
January 1, 2006, and
``(ii) for which the heating and cooling
equipment efficiencies correspond to the
minimum allowed under the regulations
established by the Department of Energy
pursuant to the National Appliance Energy
Conservation Act of 1987 and in effect at the
time of completion of construction, and
``(B) to have building envelope component
improvements account for at least \1/5\ of such 50
percent,
``(2) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations) and which meets the
requirements of paragraph (1), or
``(3) a manufactured home which conforms to Federal
Manufactured Home Construction and Safety Standards (part 3280
of title 24, Code of Federal Regulations) and which--
``(A) meets the requirements of paragraph (1)
applied by substituting `30 percent' for `50 percent'
both places it appears therein and by substituting `\1/
3\' for `\1/5\' in subparagraph (B) thereof, or
``(B) meets the requirements established by the
Administrator of the Environmental Protection Agency
under the Energy Star Labeled Homes program.''.
(d) Prevailing Wage Requirement Removed.--Section 45L is amended by
striking subsection (g) and redesignating subsection (h) as subsection
(g).
(e) Basis Adjustment.--Section 45L(e) is amended by striking ``This
subsection shall not apply for purposes of determining the adjusted
basis of any building under section 42''.
(f) Effective Dates.--The amendments made by this section shall
apply to dwelling units acquired after December 31, 2021.
SEC. 235. CLEAN VEHICLE CREDIT.
(a) Per Vehicle Dollar Limitation.--Section 30D(b) is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Base amount.--The amount determined under this
paragraph is $2,500.
``(3) Battery capacity.--In the case of a vehicle which
draws propulsion energy from a battery with not less than 5
kilowatt hours of capacity, the amount determined under this
paragraph is $417, plus $417 for each kilowatt hour of capacity
in excess of 5 kilowatt hours. The amount determined under this
paragraph shall not exceed $5,000.''.
(b) Final Assembly.--Section 30D(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by adding ``and'' at the
end,
(B) in subparagraph (F)(ii), by striking the comma
at the end and inserting a period, and
(C) by striking subparagraph (G), and
(2) by striking paragraph (5).
(c) Definition.--
(1) In general.--Section 30D(d), as amended by subsection
(b), is amended--
(A) in the heading, by striking ``Clean'' and
inserting ``Qualified Plug-In Electric Drive Motor'',
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``clean'' and inserting
``qualified plug-in electric drive motor'',
(ii) in subparagraph (C), by striking
``qualified'' before ``manufacturer'',
(iii) in subparagraph (F)(i), by striking
``7'' and inserting ``4'', and
(iv) by striking subparagraph (H),
(C) in paragraph (3)--
(i) in the heading, by striking ``qualified
manufacturer'' and inserting ``Manufacturer'',
and
(ii) by striking ``The term `qualified
manufacturer' means'' and all that follows
through the period and inserting ``The term
`manufacturer' has the meaning given such term
in regulations prescribed by the Administrator
of the Environmental Protection Agency for
purposes of the administration of title II of
the Clean Air Act (42 U.S.C. 7521 et seq.).'',
and
(D) by striking paragraph (6).
(2) Conforming amendments.--Section 30D is amended--
(A) in subsection (a), by striking ``new clean
vehicle'' and inserting ``new qualified plug-in
electric drive motor vehicle'', and
(B) in subsection (b)(1), by striking ``new clean
vehicle'' and inserting ``new qualified plug-in
electric drive motor vehicle''.
(d) Critical Mineral Requirements Removed.--Section 30D is amended
by striking subsection (e).
(e) Limitation on Number of Vehicles Eligible for Credit
Restored.--
(1) In general.--Section 30D is amended by inserting after
subsection (d) the following:
``(e) Limitation on Number of New Qualified Plug-In Electric Drive
Motor Vehicles Eligible for Credit.--
``(1) In general.--In the case of a new qualified plug-in
electric drive motor vehicle sold during the phaseout period,
only the applicable percentage of the credit otherwise
allowable under subsection (a) shall be allowed.
``(2) Phaseout period.--For purposes of this subsection,
the phaseout period is the period beginning with the second
calendar quarter following the calendar quarter which includes
the first date on which the number of new qualified plug-in
electric drive motor vehicles manufactured by the manufacturer
of the vehicle referred to in paragraph (1) sold for use in the
United States after December 31, 2009, is at least 200,000.
``(3) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage is--
``(A) 50 percent for the first 2 calendar quarters
of the phaseout period,
``(B) 25 percent for the 3rd and 4th calendar
quarters of the phaseout period, and (C)
``(C) 0 percent for each calendar quarter
thereafter.
``(4) Controlled groups.--Rules similar to the rules of
section 30B(f)(4) shall apply for purposes of this
subsection.''.
(2) Excluded entities.--Section 30D(d), as amended by
Public Law 117-169, is amended by striking paragraph (7).
(f) Special Rules Repealed.--Section 30D(f) is amended by striking
paragraphs (8), (9), (10), and (11).
(g) Transfer of Credit Repealed.--
(1) In general.--Section 30D is amended by striking
subsection (g).
(2) Restoration of text relating to plug-in electric
vehicles.--Section 30D is amended by inserting after subsection
(f) the following:
``(g) Credit Allowed for 2- and 3-wheeled Plug-In Electric
Vehicles.--
``(1) In general.--In the case of a qualified 2- or 3-
wheeled plug-in electric vehicle--
``(A) there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an
amount equal to the sum of the applicable amount with
respect to each such qualified 2- or 3-wheeled plug-in
electric vehicle placed in service by the taxpayer
during the taxable year, and
``(B) the amount of the credit allowed under
subparagraph (A) shall be treated as a credit allowed
under subsection (a).
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is an amount equal to the lesser of--
``(A) 10 percent of the cost of the qualified 2- or
3-wheeled plug-in electric vehicle, or
``(B) $2,500.
``(3) Qualified 2- or 3-wheeled plug-in electric vehicle.--
The term `qualified 2- or 3-wheeled plug-in electric vehicle'
means any vehicle which--
``(A) has 2 or 3 wheels,
``(B) meets the requirements of subparagraphs (A),
(B), (C), (E), and (F) of subsection (d)(1) (determined
by substituting `2.5 kilowatt hours' for `4 kilowatt
hours' in subparagraph (F)(i)),
``(C) is manufactured primarily for use on public
streets, roads, and highways,
``(D) is capable of achieving a speed of 45 miles
per hour or greater, and
``(E) is acquired--
``(i) after December 31, 2011, and before
January 1, 2014, or
``(ii) in the case of a vehicle that has 2
wheels, after December 31, 2014, and before
January 1, 2022.''.
(3) Conforming amendments reversed.--Section 30D(f), as
amended by Public Law 117-169, is amended--
(A) by inserting after paragraph (2) the following:
``(3) Property Used by Tax-Exempt Entity.--In the case of a vehicle
the use of which is described in paragraph (3) or (4) of section 50(b)
and which is not subject to a lease, the person who sold such vehicle
to the person or entity using such vehicle shall be treated as the
taxpayer that placed such vehicle in service, but only if such person
clearly discloses to such person or entity in a document the amount of
any credit allowable under subsection (a) with respect to such vehicle
(determined without regard to subsection (c)). For purposes of
subsection (c), property to which this paragraph applies shall be
treated as of a character subject to an allowance for depreciation.'',
and
(B) in paragraph (8), by striking ``, including any
vehicle with respect to which the taxpayer elects the
application of subsection (g)''.
(h) Termination Repealed.--Section 30D is amended by striking
subsection (h).
(i) Additional Conforming Amendments.--
(1) The heading of section 30D is amended by striking
``clean vehicle credit'' and inserting ``new qualified plug-in
electric drive motor vehicles''.
(2) Section 30B is amended--
(A) in subsection (h)(8) by inserting ``, except
that no benefit shall be recaptured if such property
ceases to be eligible for such credit by reason of
conversion to a qualified plug-in electric drive motor
vehicle'', before the period at the end, and
(B) by inserting after subsection (h) the following
subsection:
``(i) Plug-In Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in conversion credit determined under this subsection with
respect to any motor vehicle which is converted to a qualified
plug-in electric drive motor vehicle is 10 percent of so much
of the cost of the converting such vehicle as does not exceed
$40,000.
``(2) Qualified plug-in electric drive motor vehicle.--For
purposes of this subsection, the term `qualified plug-in
electric drive motor vehicle' means any new qualified plug-in
electric drive motor vehicle (as defined in section 30D,
determined without regard to whether such vehicle is made by a
manufacturer or whether the original use of such vehicle
commences with the taxpayer).
``(3) Credit allowed in addition to other credits.--The
credit allowed under this subsection shall be allowed with
respect to a motor vehicle notwithstanding whether a credit has
been allowed with respect to such motor vehicle under this
section (other than this subsection) in any preceding taxable
year.
``(4) Termination.--This subsection shall not apply to
conversions made after December 31, 2011.''.
(3) Section 38(b)(30) is amended by striking ``clean'' and
inserting ``qualified plug-in electric drive motor''.
(4) Section 6213(g)(2) is amended by striking subparagraph
(T).
(5) Section 6501(m) is amended by striking ``30D(f)(6)''
and inserting ``30D(e)(4)''.
(6) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by striking the item
relating to section 30D and inserting after the item relating
to section 30C the following item:
``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.
(j) Gross up Repealed.--Section 13401 of Public Law 117-169 is
amended by striking subsection (j).
(k) Transition Rule Repealed.--Section 13401 of Public Law 117-169
is amended by striking subsection (l).
(l) Effective Dates.--
(1) In general.--Except as provided in paragraphs (2), (3),
(4), and (5), the amendments made by this section shall apply
to vehicles placed in service after December 31, 2022.
(2) Final assembly.--The amendments made by subsection (b)
shall apply to vehicles sold after August 16, 2022.
(3) Manufacturer limitation.--The amendment made by
subsections (d) and (e) shall apply to vehicles sold after
December 31, 2022.
(4) Transfer of credit.--The amendments made by subsection
(g) shall apply to vehicles placed in service after December
31, 2023.
(5) Transition rule.--The amendment made by subsection (k)
shall take effect as if included in Public Law 117-169.
SEC. 236. REPEAL OF CREDIT FOR PREVIOUSLY-OWNED CLEAN VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
is amended by striking section 25E (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 6213(g)(2) is amended by
striking subparagraph (U).
(c) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2022.
SEC. 237. REPEAL OF CREDIT FOR QUALIFIED COMMERCIAL CLEAN VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45W (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 38(b) is amended by striking paragraph (37).
(2) Section 6213(g)(2) is amended by striking subparagraph
(V).
(c) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2022.
SEC. 238. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) In General.--Section 30C(i) is amended by striking ``December
31, 2032'' and inserting ``December 31, 2021''.
(b) Property of a Character Subject to Depreciation.--
(1) In general.--Section 30C(a) is amended by striking ``(6
percent in the case of property of a character subject to
depreciation)''.
(2) Modification of credit limitation.--Subsection (b) of
section 30C is amended--
(A) in the matter preceding paragraph (1)--
(i) by striking ``with respect to any
single item of'' and inserting ``with respect
to all'', and
(ii) by inserting ``at a location'' before
``shall not exceed'', and
(B) in paragraph (1), by striking ``$100,000 in the
case of any such item of property'' and inserting
``$30,000 in the case of a property''.
(3) Bidirectional charging equipment not included; eligible
census tract requirement removed.--Section 30C(c) is amended to
read as follows:
``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For
purposes of this section, the term `qualified alternative fuel vehicle
refueling property' has the same meaning as the term `qualified clean-
fuel vehicle refueling property' would have under section 179A if--
``(1) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the taxpayer,
and
``(2) only the following were treated as clean-burning
fuels for purposes of section 179A(d):
``(A) Any fuel at least 85 percent of the volume of
which consists of one or more of the following:
ethanol, natural gas, compressed natural gas, liquified
natural gas, liquefied petroleum gas, or hydrogen.
``(B) Any mixture--
``(i) which consists of two or more of the
following: biodiesel (as defined in section
40A(d)(1)), diesel fuel (as defined in section
4083(a)(3)), or kerosene, and
``(ii) at least 20 percent of the volume of
which consists of biodiesel (as so defined)
determined without regard to any kerosene in
such mixture.
``(C) Electricity.''.
(c) Certain Electric Charging Stations Not Included as Qualified
Alternative Fuel Vehicle Refueling Property; Wage and Apprenticeship
Requirements Removed.--Section 30C is amended by striking subsections
(f) and (g) and redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2021.
SEC. 239. ADVANCED ENERGY PROJECT CREDIT EXTENSION REVERSED.
(a) In General.--Section 48C is amended by striking subsection (e)
and redesignating subsection (f) as subsection (e).
(b) Modification of Qualifying Advanced Energy Projects.--Section
48C(c)(1)(A) is amended--
(1) by striking ``, any portion of the qualified investment
of which is certified by the Secretary under subsection (e) as
eligible for a credit under this section'',
(2) in clause (i)--
(A) by striking ``an industrial or manufacturing
facility for the production or recycling of'' and
inserting ``a manufacturing facility for the production
of'',
(B) in subclause (I), by striking ``water,'',
(C) in subclause (II), by striking ``energy storage
systems and components'' and inserting ``an energy
storage system for use with electric or hybrid-electric
motor vehicles'',
(D) in subclause (III), by striking ``grid
modernization equipment or components'' and inserting
``grids to support the transmission of intermittent
sources of renewable energy, including storage of such
energy'',
(E) in subclause (IV), by striking ``, remove, use,
or sequester carbon oxide emissions'' and inserting
``and sequester carbon dioxide emissions'',
(F) by striking subclause (V) and inserting the
following:
``(V) property designed to refine
or blend renewable fuels or to produce
energy conservation technologies
(including energy-conserving lighting
technologies and smart grid
technologies),'',
(G) by striking subclauses (VI), (VII), and (VIII),
(H) by inserting after subclause (V) the following:
``(VI) new qualified plug-in
electric drive motor vehicles (as
defined by section 30D) or components
which are designed specifically for use
with such vehicles, including electric
motors, generators, and power control
units, or'', and
(I) by redesignating subclause (IX) as subclause
(VII), and inserting ``, and'' at the end of such
subclause, and
(3) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) any portion of the qualified
investment of which is certified by the
Secretary under subsection (d) as eligible for
a credit under this section.''.
(c) Conforming Amendment.--Subparagraph (A) of section 48C(c)(2) is
amended to read as follows:
``(A) which is necessary for the production of
property described in paragraph (1)(A)(i),''.
(d) Denial of Double Benefit.--Section 48C(e), as redesignated by
this section, is amended by striking ``48B, 48E, 45Q, or 45V'' and
inserting ``or 48B''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
SEC. 240. REPEAL OF ADVANCED MANUFACTURING PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45X (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (38).
(c) Effective Date.--The amendments made by this section shall
apply to components produced and sold after December 31, 2022.
SEC. 241. REPEAL OF CLEAN ELECTRICITY PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45Y (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendment.--Section 38(b) is amended by striking
paragraph (39).
(c) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after December 31, 2024.
SEC. 242. REPEAL OF CLEAN ELECTRICITY INVESTMENT CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
is amended by striking section 48E (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 46, as amended by Public Law 117-169, is
amended--
(A) in paragraph (5), by adding ``and'' at the end,
(B) in paragraph (6), by striking ``, and'' and
inserting a period, and
(C) by striking paragraph (7).
(2) Section 49(a)(1)(C), as amended by Public Law 117-169,
is amended--
(A) by adding ``and'' at the end of clause (v),
(B) by striking the comma at the end of clause (vi)
and inserting a period, and
(C) by striking clauses (vii) and (viii).
(3) Section 50(a)(2)(E), as amended by Public Law 117-169,
is amended by striking ``48D(b)(5), or 48E(e)'' and inserting
``or 48D(b)(5)''.
(4) Section 50(c)(3), as amended by Public Law 117-169, is
amended by striking ``or clean electricity investment credit''.
(c) Effective Date.--The amendments made by this section shall
apply to facilities and property placed in service after December 31,
2024.
SEC. 243. COST RECOVERY FOR QUALIFIED FACILITIES, QUALIFIED PROPERTY,
AND ENERGY STORAGE TECHNOLOGY REMOVED.
(a) In General.--Section 168(e)(3)(B), as amended by Public Law
117-169, is amended--
(1) in clause (vi)(III), by adding ``and'' at the end,
(2) in clause (vii), by striking ``, and,'' at the end and
inserting a period, and
(3) by striking clause (viii).
(b) Effective Date.--The amendments made by this section shall
apply to facilities and property placed in service after December 31,
2024.
SEC. 244. REPEAL OF CLEAN FUEL PRODUCTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
is amended by striking section 45Z (and by striking the item relating
to such section in the table of sections for such subpart).
(b) Conforming Amendments.--
(1) Section 30C(c)(1)(B), as amended by Public Law 117-169,
is amended by striking clause (iv).
(2) Section 38(b), as amended by Public Law 117-169, is
amended by striking paragraph (40).
(3) Section 4101(a)(1), as amended by Public Law 117-169,
is amended by striking ``every person producing a fuel eligible
for the clean fuel production credit (pursuant to section
45Z),''.
(c) Effective Date.--The amendments made by this section shall
apply to transportation fuel produced after December 31, 2024.
SEC. 245. REPEAL OF SECTIONS RELATING TO ELECTIVE PAYMENT FOR ENERGY
PROPERTY AND ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
RESOURCES; TRANSFER OF CREDITS.
(a) In General.--Subchapter B of chapter 65 is amended by striking
sections 6417 and 6418 (and by striking the items relating to such
sections in the table of sections for such subchapter).
(b) Conforming Amendments.--
(1) Section 50(d) is amended by striking ``In the case of a
real estate investment trust making an election under section
6418, paragraphs (1)(B) and (2)(B) of the section 46(e)
referred to in paragraph (1) of this subsection shall not apply
to any investment credit property of such real estate
investment trust to which such election applies''.
(2) Section 39(a) is amended by striking paragraph (4).
(3) Section 13801 of Public Law 117-169 is amended by
striking subsection (f).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
TITLE IV--FAMILY AND SMALL BUSINESS TAXPAYER PROTECTION
SEC. 251. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE TO THE INTERNAL
REVENUE SERVICE.
The unobligated balances of amounts appropriated or otherwise made
available for activities of the Internal Revenue Service by paragraphs
(1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section
10301 of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') as of the date of the enactment of this Act
are rescinded.
DIVISION C--GROW THE ECONOMY
TITLE I--TEMPORARY ASSISTANCE TO NEEDY FAMILIES
SEC. 301. RECALIBRATION OF THE CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended in each of subparagraphs (A)(ii) and (B), by striking
``2005'' and inserting ``2022''.
SEC. 302. ELIMINATING EXCESS MAINTENANCE OF EFFORT SPENDING IN
DETERMINING CASELOAD REDUCTION CREDIT.
Section 407(b)(3) of the Social Security Act (42 U.S.C. 607(b)(3))
is amended by adding at the end the following:
``(C) Exclusion of certain cases.--The Secretary
shall determine the minimum participation rate of a
State for a fiscal year under this subsection without
regard to cases that are funded by an amount expended
in excess of the applicable percentage of the historic
expenditures (as defined in section 409(a)(7)(B)(ii))
of the State for the fiscal year.''.
SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.
Section 407(b) of the Social Security Act (42 U.S.C. 607(b)) is
amended by adding at the end the following:
``(6) Special rule regarding calculation of the minimum
participation rate.--The Secretary shall determine
participation rates under this section without regard to any
individual engaged in work who is described in section
408(a)(2), who is not in compliance with section 408(a)(3), or
with respect to whom the assessment required by section
408(b)(1) has not been made.''.
SEC. 304. REPORTING OF WORK OUTCOMES.
Section 411 of the Social Security Act (42 U.S.C. 611) is amended
by adding at the end the following:
``(e) Reporting Performance Indicators.--
``(1) In general.--Each Sate, in consultation with the
Secretary, shall collect and submit to the Secretary the
information necessary for each indicator described in paragraph
(2), for fiscal year 2025 and each fiscal year thereafter.
``(2) Indicators of performance.--The indicators described
in this paragraph for a fiscal year are the following:
``(A) The percentage of individuals who were work-
eligible individuals as of the time of exit from the
program, who are in unsubsidized employment during the
second quarter after the exit.
``(B) The percentage of individuals who were work-
eligible individuals who were in unsubsidized
employment in the second quarter after the exit, who
are also in unsubsidized employment during the fourth
quarter after the exit.
``(C) The median earnings of individuals who were
work-eligible individuals as of the time of exit from
the program, who are in unsubsidized employment during
the second quarter after the exit.
``(D) The percentage of individuals who have not
attained 24 years of age, are attending high school or
enrolled in an equivalency program, and are work-
eligible individuals or were work-eligible individuals
as of the time of exit from the program, who obtain a
high school degree or its recognized equivalent while
receiving assistance under the State program funded
under this part or within 1 year after the exit.
``(3) Definition of exit.--In paragraph (2), the term
`exit' means, with respect to a State program funded under this
part, ceases to receive assistance under the program funded by
this part.
``(4) Regulations.--In order to ensure nationwide
comparability of data, the Secretary, after consultation with
the Secretary of Labor and with States, shall issue regulations
governing the reporting of performance indicators under this
subsection.''.
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall take effect on October 1,
2025.
TITLE II--SNAP EXEMPTIONS
SEC. 311. AGE-RELATED EXEMPTION FROM WORK REQUIREMENT TO RECEIVE SNAP.
Section 6(o)(3)(A) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(6)(o)(3)(A)) is amended by striking ``50'' and inserting ``56''.
SEC. 312. RULE OF CONSTRUCTION FOR EXEMPTION ADJUSTMENT.
Section 6(o)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(6)(o)(6)) is amended by adding at end the following:
``(I) Rule of construction for exemption
adjustment.--During fiscal year 2025 and each
subsequent fiscal year, nothing in this paragraph shall
be interpreted to allow a State agency to accumulate
unused exemptions to be provided beyond the subsequent
fiscal year.''.
TITLE III--COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE INDIVIDUALS
SECTION 321. COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE
INDIVIDUALS.
(a) In General.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (27), by striking the period at the end
and inserting ``; or'';
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) with respect to any amount expended for medical
assistance for an applicable individual for a month in a
calendar year if such individual did not meet the community
engagement requirement under section 1905(jj) for 3 or more
preceding months during such calendar year while such
individual was an applicable individual and was enrolled in a
State plan (or waiver of such plan) under this title.''; and
(4) in the flush left matter at the end, by striking ``and
(18),'' and inserting ``(18), and (28)''.
(b) Community Engagement Requirement.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended by adding at the end the
following new subsection:
``(jj) Community Engagement Requirement for Applicable
Individuals.--
``(1) Community engagement requirement described.--For
purposes of section 1903(i)(28), the community engagement
requirement described in this subsection with respect to an
applicable individual and a month is that such individual
satisfies at least one of the following with respect to such
month:
``(A) The individual works 80 hours or more per
month, or has a monthly income that is at least equal
to the Federal minimum wage under section 6 of the Fair
Labor Standards Act of 1938, multiplied by 80 hours.
``(B) The individual completes 80 hours or more of
community service per month.
``(C) The individual participates in a work program
for at least 80 hours per month.
``(D) The individual participates in a combination
of work, including community service, and a work
program for a total of at least 80 hours per month.
``(2) Verification.--For purposes of verifying the
compliance of an applicable individual with the community
engagement requirement under paragraph (1), a State Medicaid
agency shall, whenever possible, prioritize the utilization of
existing databases or other verification measures, including
the National Change of Address Database Maintained by the
United States Postal Service, State health and human services
agencies, payroll databases, or other reliable sources of
information, prior to seeking additional verification from such
individual.
``(3) Definitions.--In this subsection:
``(A) Applicable individual.--The term `applicable
individual' means any individual who is not--
``(i) under 19 years of age or age 56 or
older;
``(ii) physically or mentally unfit for
employment, as determined by a physician or
other medical professional;
``(iii) pregnant;
``(iv) the parent or caretaker of a
dependent child;
``(v) the parent or caretaker of an
incapacitated person;
``(vi) complying with work requirements
under a different program under Federal law;
``(vii) participating in a drug or alcohol
treatment and rehabilitation program (as
defined in section 3(h) of the Food and
Nutrition Act of 2008); or
``(viii) enrolled in an educational program
at least half time.
``(B) Educational program.--The term `educational
program' means--
``(i) an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965);
``(ii) a program of career and technical
education (as defined in section 3 of the Carl
D. Perkins Career and Technical Education Act
of 2006); or
``(iii) any other educational program
approved by the Secretary.
``(C) State medicaid agency.--The term `State
Medicaid agency' means the State agency responsible for
administering the State Medicaid plan.
``(D) Work program.--The term `work program' has
the meaning given such term in section 6(o)(1) of the
Food and Nutrition Act of 2008.''.
(c) State Option To Disenroll Certain Individuals.--Section 1902(a)
of the Social Security Act (42 U.S.C. 1396a(a)) is amended by adding at
the end of the flush left text following paragraph (87) the following:
``Notwithstanding any of the preceding provisions of this subsection,
at the option of a State, such State may elect to disenroll an
applicable individual for a month if, with respect to medical
assistance furnished to such individual for such month, no Federal
financial participation would be available, pursuant to section
1903(i)(28).''.
TITLE IV--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY
SEC. 331. SHORT TITLE.
This title may be cited as the ``Regulations from the Executive in
Need of Scrutiny Act of 2023''.
SEC. 332. PURPOSE.
The purpose of this title 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. 333. 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. 334. 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. 335. 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
section--
(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 section, the Comptroller General of the United States shall
submit a report to Congress that contains the findings of the study
conducted under subsection (a).
DIVISION D--H.R. 1, THE LOWER ENERGY COSTS ACT
TITLE I--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS,
INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING
SEC. 10001. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.
(a) Amendment to the Department of Energy Organization Act.--The
Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term
`critical energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply
of critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy
technologies; and
``(B) the operation of energy systems.''.
(b) Securing Critical Energy Resource Supply Chains.--
(1) In general.--In carrying out the requirements of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
the Secretary of Energy, in consultation with the appropriate
Federal agencies, representatives of the energy sector, States,
and other stakeholders, shall--
(A) conduct ongoing assessments of--
(i) energy resource criticality based on
the importance of critical energy resources to
the development of energy technologies and the
supply of energy;
(ii) the critical energy resource supply
chain of the United States;
(iii) the vulnerability of such supply
chain; and
(iv) how the energy security of the United
States is affected by the reliance of the
United States on importation of critical energy
resources;
(B) facilitate development of strategies to
strengthen critical energy resource supply chains in
the United States, including by--
(i) diversifying the sources of the supply
of critical energy resources; and
(ii) increasing domestic production,
separation, and processing of critical energy
resources;
(C) develop substitutes and alternatives to
critical energy resources; and
(D) improve technology that reuses and recycles
critical energy resources.
(2) Report.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the Secretary
of Energy shall submit to Congress a report containing--
(A) the results of the ongoing assessments
conducted under paragraph (1)(A);
(B) a description of any actions taken pursuant to
the Department of Energy Organization Act to mitigate
potential effects of critical energy resource supply
chain disruptions on energy technologies or the
operation of energy systems; and
(C) any recommendations relating to strengthening
critical energy resource supply chains that are
essential to the energy security of the United States.
(3) Critical energy resource defined.--In this section, the
term ``critical energy resource'' has the meaning given such
term in section 2 of the Department of Energy Organization Act
(42 U.S.C. 7101).
SEC. 10002. PROTECTING AMERICAN ENERGY PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that States
should maintain primacy for the regulation of hydraulic fracturing for
oil and natural gas production on State and private lands.
(b) Prohibition on Declaration of a Moratorium on Hydraulic
Fracturing.--Notwithstanding any other provision of law, the President
may not declare a moratorium on the use of hydraulic fracturing unless
such moratorium is authorized by an Act of Congress.
SEC. 10003. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR NECESSARY
ENERGY REFINING.
Not later than 90 days after the date of enactment of this section,
the Secretary of Energy shall direct the National Petroleum Council
to--
(1) submit to the Secretary of Energy and Congress a report
containing--
(A) an examination of the role of petrochemical
refineries located in the United States and the
contributions of such petrochemical refineries to the
energy security of the United States, including the
reliability of supply in the United States of liquid
fuels and feedstocks, and the affordability of liquid
fuels for consumers in the United States;
(B) analyses and projections with respect to--
(i) the capacity of petrochemical
refineries located in the United States;
(ii) opportunities for expanding such
capacity; and
(iii) the risks to petrochemical refineries
located in the United States;
(C) an assessment of any Federal or State executive
actions, regulations, or policies that have caused or
contributed to a decline in the capacity of
petrochemical refineries located in the United States;
and
(D) any recommendations for Federal agencies and
Congress to encourage an increase in the capacity of
petrochemical refineries located in the United States;
and
(2) make publicly available the report submitted under
paragraph (1).
SEC. 10004. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.
(a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (d), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after
final action is taken, by the relevant official or
agency identified under subparagraph (B), under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency.--The relevant
official or agency referred to in subparagraph (A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--This subsection shall not apply to any
construction, connection, operation, or maintenance of a
border-crossing facility for the import or export of oil or
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating
for such import, export, or transmission as of the date
of enactment of this section;
(B) if a Presidential permit (or similar permit)
for the construction, connection, operation, or
maintenance has been issued pursuant to any provision
of law or Executive order; or
(C) if an application for a Presidential permit (or
similar permit) for the construction, connection,
operation, or maintenance is pending on the date of
enactment of this section, until the earlier of--
(i) the date on which such application is
denied; or
(ii) two years after the date of enactment
of this section, if such a permit has not been
issued by such date of enactment.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (d) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (d) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act for the siting, construction, or
operation of any facility to import or export natural
gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (d) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(b) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection 202(e)''.
(B) Seasonal diversity electricity exchange.--
Section 602(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
by striking ``the Commission has conducted hearings and
made the findings required under section 202(e) of the
Federal Power Act'' and all that follows through the
period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed
transmission facilities would not impair the
sufficiency of electric supply within the United States
or would not impede or tend to impede the coordination
in the public interest of facilities subject to the
jurisdiction of the Secretary.''.
(c) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
(d) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this section;
(2) an oil or natural gas pipeline or electric transmission
facility for which a Presidential permit (or similar permit)
has been issued pursuant to any provision of law or Executive
order; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (a).
(e) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No.
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg.
4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or any other
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless such
revocation is authorized by an Act of Congress.
(f) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (a) through (d), and the
amendments made by such subsections, shall take effect on the
date that is 1 year after the date of enactment of this
section.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (a)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this section, publish in the Federal
Register notice of a proposed rulemaking to carry out
the applicable requirements of subsection (a); and
(B) not later than 1 year after the date of
enactment of this section, publish in the Federal
Register a final rule to carry out the applicable
requirements of subsection (a).
(g) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at an
international boundary of the United States.
(2) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or an
adjustment to maintain flow (such as a reduction or increase in
the number of pump or compressor stations).
(3) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(4) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(5) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215 of
the Federal Power Act (16 U.S.C. 824o).
(6) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
SEC. 10005. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE REVOCATION
OF THE PRESIDENTIAL PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Findings.--Congress finds the following:
(1) On March 29, 2019, TransCanada Keystone Pipeline, L.P.,
was granted a Presidential permit to construct, connect,
operate, and maintain the Keystone XL pipeline.
(2) On January 20, 2021, President Biden issued Executive
Order No. 13990 (86 Fed. Reg. 7037) that revoked the March 2019
Presidential permit for the Keystone XL.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the revocation by President Biden of the Presidential
permit for the Keystone XL pipeline.
SEC. 10006. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE EXPORT OF
CRUDE OIL OR OTHER PETROLEUM PRODUCTS.
(a) Findings.--Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, with the expansion of domestic crude oil and other
petroleum product production contributing to enhanced energy
security and significant economic benefits to the national
economy.
(2) In 2015, Congress recognized the need to adapt to
changing crude oil market conditions and repealed all
restrictions on the export of crude oil on a bipartisan basis.
(3) Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a)
established the national policy on oil export restriction,
prohibiting any official of the Federal Government from
imposing or enforcing any restrictions on the export of crude
oil with limited exceptions, including a savings clause
maintaining the authority to prohibit exports under any
provision of law that imposes sanctions on a foreign person or
foreign government (including any provision of law that
prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including
a foreign government that is designated as a state sponsor of
terrorism.
(4) Lifting the restrictions on crude oil exports
encouraged additional domestic energy production, created
American jobs and economic development, and allowed the United
States to emerge as the leading oil producer in the world.
(5) In 2019, the United States became a net exporter of
petroleum products for the first time since 1952, and the
reliance of the United States on foreign imports of petroleum
products has declined to historic lows.
(6) Free trade, open markets, and competition have
contributed to the rise of the United States as a global energy
superpower.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Government should not impose--
(1) overly restrictive regulations on the exploration,
production, or marketing of energy resources; or
(2) any restrictions on the export of crude oil or other
petroleum products under the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), except with respect to the export of
crude oil or other petroleum products to a foreign person or
foreign government subject to sanctions under any provision of
United States law, including to a country the government of
which is designated as a state sponsor of terrorism.
SEC. 10007. UNLOCKING OUR DOMESTIC LNG POTENTIAL.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsections (a) through (c);
(2) by redesignating subsections (e) and (f) as subsections
(a) and (b), respectively;
(3) by redesignating subsection (d) as subsection (c), and
moving such subsection after subsection (b), as so
redesignated;
(4) in subsection (a), as so redesignated, by amending
paragraph (1) to read as follows: ``(1) The Federal Energy
Regulatory Commission (in this subsection referred to as the
`Commission') shall have the exclusive authority to approve or
deny an application for authorization for the siting,
construction, expansion, or operation of a facility to export
natural gas from the United States to a foreign country or
import natural gas from a foreign country, including an LNG
terminal. In determining whether to approve or deny an
application under this paragraph, the Commission shall deem the
exportation or importation of natural gas to be consistent with
the public interest. Except as specifically provided in this
Act, nothing in this Act is intended to affect otherwise
applicable law related to any Federal agency's authorities or
responsibilities related to facilities to import or export
natural gas, including LNG terminals.''; and
(5) by adding at the end the following new subsection:
``(d)(1) Nothing in this Act limits the authority of the President
under the Constitution, the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601
et seq.), part B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C.
4301 et seq.), or any other provision of law that imposes sanctions on
a foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
country that is designated as a state sponsor of terrorism, to prohibit
imports or exports.
``(2) In this subsection, the term `state sponsor of terrorism'
means a country the government of which the Secretary of State
determines has repeatedly provided support for international terrorism
pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4318(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(D) any other provision of law.''.
SEC. 10008. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE DENIAL OF
JORDAN COVE PERMITS.
(a) Findings.--Congress finds the following:
(1) On March 19, 2020, the Federal Energy Regulatory
Commission granted two Federal permits to Jordan Cove Energy
Project, L.P., to site, construct, and operate a new liquefied
natural gas export terminal in Coos County, Oregon.
(2) On the same day, the Federal Energy Regulatory
Commission issued a certificate of public convenience and
necessity to Pacific Connector Gas Pipeline, L.P., to construct
and operate the proposed Pacific Connector Pipeline in the
counties of Klamath, Jackson, Douglas, and Coos of Oregon.
(3) The State of Oregon denied the permits and the
certificate necessary for these projects.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the denial of these permits by the State of Oregon.
SEC. 10009. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF NATURAL
GAS PIPELINES.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, not
later than 30 days after the Commission receives an application
for an authorization under section 3 of the Natural Gas Act or
a certificate of public convenience and necessity under section
7 of such Act, any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--Not later than 45 days after the
Commission receives an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act, the Commission shall invite any agency
identified under paragraph (1) to participate in the
review process for the applicable Federal
authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--Not later than
60 days after the Commission receives an application for an
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act, the Commission shall designate an agency
identified under paragraph (1) as a participating agency with
respect to an application for authorization under section 3 of
the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act unless the agency informs
the Commission, in writing, by the deadline established
pursuant to paragraph (2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act may not request or conduct a NEPA review that
is supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Water Quality Impacts.--
(1) In general.--Notwithstanding section 401 of the Federal
Water Pollution Control Act (33 U.S.C. 1341), an applicant for
a Federal authorization shall not be required to provide a
certification under such section with respect to the Federal
authorization.
(2) Coordination.--With respect to any NEPA review for a
Federal authorization to conduct an activity that will directly
result in a discharge into the navigable waters (within the
meaning of the Federal Water Pollution Control Act), the
Commission shall identify as an agency under subsection (d)(1)
the State in which the discharge originates or will originate,
or, if appropriate, the interstate water pollution control
agency having jurisdiction over the navigable waters at the
point where the discharge originates or will originate.
(3) Proposed conditions.--A State or interstate agency
designated as a participating agency pursuant to paragraph (2)
may propose to the Commission terms or conditions for inclusion
in an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act that the State or interstate agency determines are
necessary to ensure that any activity described in paragraph
(2) conducted pursuant to such authorization or certification
will comply with the applicable provisions of sections 301,
302, 303, 306, and 307 of the Federal Water Pollution Control
Act.
(4) Commission consideration of conditions.--The Commission
may include a term or condition in an authorization under
section 3 of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act proposed
by a State or interstate agency under paragraph (3) only if the
Commission finds that the term or condition is necessary to
ensure that any activity described in paragraph (2) conducted
pursuant to such authorization or certification will comply
with the applicable provisions of sections 301, 302, 303, 306,
and 307 of the Federal Water Pollution Control Act.
(f) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act or a certificate of public convenience and
necessity under section 7 of such Act shall formulate
and implement a plan for administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of Federal authorizations in compliance with
schedules established by the Commission under section
15(c)(1) of such Act; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act;
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act,
unless the agency notifies the Commission in
writing that doing so would impair the ability
of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act; and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas
Act, not later than 5 days after such deadline, the head of the
relevant Federal agency (including, in the case of a failure by
a State agency, the Federal agency overseeing the delegated
authority) shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan to
ensure completion of the action to which such deadline applied.
(g) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval for
the Federal authorization based on data gathered by aerial or
remote means, conditioned on the verification of such data by
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(h) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
(i) Pipeline Security.--In considering an application for an
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, the
Federal Energy Regulatory Commission shall consult with the
Administrator of the Transportation Security Administration regarding
the applicant's compliance with security guidance and best practice
recommendations of the Administration regarding pipeline infrastructure
security, pipeline cybersecurity, pipeline personnel security, and
other pipeline security measures.
(j) Withdrawal of Policy Statements.--The Federal Energy Regulatory
Commission shall withdraw--
(1) the updated policy statement titled ``Certification of
New Interstate Natural Gas Facilities'' published in the
Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
(2) the interim policy statement titled ``Consideration of
Greenhouse Gas Emissions in Natural Gas Infrastructure Project
Reviews'' published in the Federal Register on March 11, 2022
(87 Fed. Reg. 14104).
SEC. 10010. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY
RESOURCE FACILITIES.
Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 6925(e))
is amended--
(1) in paragraph (1)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by inserting ``or'' after
``this section,''; and
(C) by adding at the end the following:
``(iii) is a critical energy resource facility,'';
and
(2) by adding at the end the following:
``(4) Definitions.--For the purposes of this subsection:
``(A) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(i) that is essential to the energy sector and
energy systems of the United States; and
``(ii) the supply chain of which is vulnerable to
disruption.
``(B) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
SEC. 10011. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE
FACILITIES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall, as necessary, revise regulations under parts 70 and 71 of
title 40, Code of Federal Regulations, to--
(1) authorize the owner or operator of a critical energy
resource facility to utilize flexible air permitting (as
described in the final rule titled ``Operating Permit Programs;
Flexible Air Permitting Rule'' published by the Environmental
Protection Agency in the Federal Register on October 6, 2009
(74 Fed. Reg. 51418)) with respect to such critical energy
resource facility; and
(2) facilitate flexible, market-responsive operations (as
described in the final rule identified in paragraph (1)) with
respect to critical energy resource facilities.
(b) Definitions.--In this section:
(1) Critical energy resource.--The term ``critical energy
resource'' means, as determined by the Secretary of Energy, any
energy resource--
(A) that is essential to the energy sector and
energy systems of the United States; and
(B) the supply chain of which is vulnerable to
disruption.
(2) Critical energy resource facility.--The term ``critical
energy resource facility'' means a facility that processes or
refines a critical energy resource.
SEC. 10012. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO PRODUCE
CRITICAL ENERGY RESOURCES.
(a) Clean Air Act Requirements.--
(1) In general.--If the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or
another cause, the processing or refining of a critical energy
resource at a critical energy resource facility is necessary to
meet the national security or energy security needs of the
United States, then the Administrator may, with or without
notice, hearing, or other report, issue a temporary waiver of
any requirement under the Clean Air Act (42 U.S.C. 7401 et
seq.) with respect to such critical energy resource facility
that, in the judgment of the Administrator, will allow for such
processing or refining at such critical energy resource
facility as necessary to best meet such needs and serve the
public interest.
(2) Conflict with other environmental laws.--The
Administrator shall ensure that any waiver of a requirement
under the Clean Air Act under this subsection, to the maximum
extent practicable, does not result in a conflict with a
requirement of any other applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
(3) Violations of other environmental laws.--To the extent
any omission or action taken by a party under a waiver issued
under this subsection is in conflict with any requirement of a
Federal, State, or local environmental law or regulation, such
omission or action shall not be considered a violation of such
environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit
under such environmental law or regulation.
(4) Expiration and renewal of waivers.--A waiver issued
under this subsection shall expire not later than 90 days after
it is issued. The Administrator may renew or reissue such
waiver pursuant to paragraphs (1) and (2) for subsequent
periods, not to exceed 90 days for each period, as the
Administrator determines necessary to meet the national
security or energy security needs described in paragraph (1)
and serve the public interest. In renewing or reissuing a
waiver under this paragraph, the Administrator shall include in
any such renewed or reissued waiver such conditions as are
necessary to minimize any adverse environmental impacts to the
extent practicable.
(5) Subsequent action by court.--If a waiver issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant a provision of law, any omission or action
previously taken by a party under the waiver while the waiver
was in effect shall remain subject to paragraph (3).
(6) Critical energy resource; critical energy resource
facility defined.--The terms ``critical energy resource'' and
``critical energy resource facility'' have the meanings given
such terms in section 3025(f) of the Solid Waste Disposal Act
(as added by this section).
(b) Solid Waste Disposal Act Requirements.--
(1) Hazardous waste management.--The Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) is amended by inserting after
section 3024 the following:
``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.
``(a) In General.--If the Administrator, in consultation with the
Secretary of Energy, determines that, by reason of a sudden increase in
demand for, or a shortage of, a critical energy resource, or another
cause, the processing or refining of a critical energy resource at a
critical energy resource facility is necessary to meet the national
security or energy security needs of the United States, then the
Administrator may, with or without notice, hearing, or other report,
issue a temporary waiver of any covered requirement with respect to
such critical energy resource facility that, in the judgment of the
Administrator, will allow for such processing or refining at such
critical energy resource facility as necessary to best meet such needs
and serve the public interest.
``(b) Conflict With Other Environmental Laws.--The Administrator
shall ensure that any waiver of a covered requirement under this
section, to the maximum extent practicable, does not result in a
conflict with a requirement of any other applicable Federal, State, or
local environmental law or regulation and minimizes any adverse
environmental impacts.
``(c) Violations of Other Environmental Laws.--To the extent any
omission or action taken by a party under a waiver issued under this
section is in conflict with any requirement of a Federal, State, or
local environmental law or regulation, such omission or action shall
not be considered a violation of such environmental law or regulation,
or subject such party to any requirement, civil or criminal liability,
or a citizen suit under such environmental law or regulation.
``(d) Expiration and Renewal of Waivers.--A waiver issued under
this section shall expire not later than 90 days after it is issued.
The Administrator may renew or reissue such waiver pursuant to
subsections (a) and (b) for subsequent periods, not to exceed 90 days
for each period, as the Administrator determines necessary to meet the
national security or energy security needs described in subsection (a)
and serve the public interest. In renewing or reissuing a waiver under
this subsection, the Administrator shall include in any such renewed or
reissued waiver such conditions as are necessary to minimize any
adverse environmental impacts to the extent practicable.
``(e) Subsequent Action by Court.--If a waiver issued under this
section is subsequently stayed, modified, or set aside by a court
pursuant a provision of law, any omission or action previously taken by
a party under the waiver while the waiver was in effect shall remain
subject to subsection (c).
``(f) Definitions.--In this section:
``(1) Covered requirement.--The term `covered requirement'
means--
``(A) any standard established under section 3002,
3003, or 3004;
``(B) the permit requirement under section 3005; or
``(C) any other requirement of this Act, as the
Administrator determines appropriate.
``(2) Critical energy resource.--The term `critical energy
resource' means, as determined by the Secretary of Energy, any
energy resource--
``(A) that is essential to the energy sector and
energy systems of the United States; and
``(B) the supply chain of which is vulnerable to
disruption.
``(3) Critical energy resource facility.--The term
`critical energy resource facility' means a facility that
processes or refines a critical energy resource.''.
(2) Table of contents.--The table of contents of the Solid
Waste Disposal Act is amended by inserting after the item
relating to section 3024 the following:
``Sec. 3025. Waivers for critical energy resource facilities.''.
SEC. 10013. NATURAL GAS TAX REPEAL.
(a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C.
7436)(relating to methane emissions and waste reduction incentive
program for petroleum and natural gas systems) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 136 of the Clean Air Act (42 U.S.C. 7436)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
SEC. 10014. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
(a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C.
7434)(relating to the greenhouse gas reduction fund) is repealed.
(b) Rescission.--The unobligated balance of any amounts made
available under section 134 of the Clean Air Act (42 U.S.C. 7434)(as in
effect on the day before the date of enactment of this Act) is
rescinded.
(c) Conforming Amendment.--Section 60103 of Public Law 117-169
(relating to the greenhouse gas reduction fund) is repealed.
SEC. 10015. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW FOR
CRITICAL ENERGY RESOURCES.
Section 5(a) of the Toxic Substances Control Act (15 U.S.C.
2604(a)) is amended by adding at the end the following:
``(6) Critical energy resources.--
``(A) Standard.--For purposes of a determination
under paragraph (3) with respect to a chemical
substance that is a critical energy resource, the
Administrator shall take into consideration economic,
societal, and environmental costs and benefits,
notwithstanding any requirement of this section to not
take such factors into consideration.
``(B) Failure to render determination.--
``(i) Actions authorized.--If, with respect
to a chemical substance that is a critical
energy resource, the Administrator fails to
make a determination on a notice under
paragraph (3) by the end of the applicable
review period and the notice has not been
withdrawn by the submitter, the submitter may
take the actions described in paragraph (1)(A)
with respect to the chemical substance, and the
Administrator shall be relieved of any
requirement to make such determination.
``(ii) Non-duplication.--A refund of
applicable fees under paragraph (4)(A) shall
not be made if a submitter takes an action
described in paragraph (1)(A) under this
subparagraph.
``(C) Prerequisite for suggestion of withdrawal or
suspension.--The Administrator may not suggest to, or
request of, a submitter of a notice under this
subsection for a chemical substance that is a critical
energy resource that such submitter withdraw such
notice, or request a suspension of the running of the
applicable review period with respect to such notice,
unless the Administrator has--
``(i) conducted a preliminary review of
such notice; and
``(ii) provided to the submitter a draft of
a determination under paragraph (3), including
any supporting information.
``(D) Definition.--For purposes of this paragraph,
the term `critical energy resource' means, as
determined by the Secretary of Energy, any energy
resource--
``(i) that is essential to the energy
sector and energy systems of the United States;
and
``(ii) the supply chain of which is
vulnerable to disruption.''.
SEC. 10016. KEEPING AMERICA'S REFINERIES OPERATING.
(a) In General.--The owner or operator of a stationary source
described in subsection (b) of this section shall not be required by
the regulations promulgated under section 112(r)(7)(B) of the Clean Air
Act (42 U.S.C. 7412(r)(7)(B)) to include in any hazard assessment under
clause (ii) of such section 112(r)(7)(B) an assessment of safer
technology and alternative risk management measures with respect to the
use of hydrofluoric acid in an alkylation unit.
(b) Stationary Source Described.--A stationary source described in
this subsection is a stationary source (as defined in section
112(r)(2)(C) of the Clean Air Act (42 U.S.C. 7412(r)(2)(C)) in North
American Industry Classification System code 324--
(1) for which a construction permit or operating permit has
been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(2) for which the owner or operator demonstrates to the
Administrator of the Environmental Protection Agency that such
stationary source conforms or will conform to the most recent
version of American Petroleum Institute Recommended Practice
751.
SEC. 10017. HOMEOWNER ENERGY FREEDOM.
(a) In General.--The following are repealed:
(1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a)
(relating to a high-efficiency electric home rebate program).
(2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b)
(relating to State-based home energy efficiency contractor
training grants).
(3) Section 50131 of Public Law 117-169 (136 Stat. 2041)
(relating to assistance for latest and zero building energy
code adoption).
(b) Rescissions.--The unobligated balances of any amounts made
available under each of sections 50122, 50123, and 50131 of Public Law
117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 2041) (as in effect on the
day before the date of enactment of this Act) are rescinded.
(c) Conforming Amendment.--Section 50121(c)(7) of Public Law 117-
169 (42 U.S.C. 18795(c)(7)) is amended by striking ``, including a
rebate provided under a high-efficiency electric home rebate program
(as defined in section 50122(d)),''.
SEC. 10018. STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy, in consultation with the Nuclear Regulatory
Commission, shall conduct a study on how to streamline regulatory
timelines relating to developing new power plants by examining
practices relating to various power generating sources, including
fossil and nuclear generating sources.
SEC. 10019. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.
(a) Amendments.--Section 1422(b) of the Safe Drinking Water Act (42
U.S.C. 300h-1(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``Within ninety days'' and
inserting ``(A) Within ninety days'';
(B) by striking ``and after reasonable opportunity
for presentation of views''; and
(C) by adding at the end the following:
``(B) If, after 270 calendar days of a State's application being
submitted under paragraph (1)(A) or notice being submitted under
paragraph (1)(B), the Administrator has not, pursuant to subparagraph
(A), by rule approved, disapproved, or approved in part and disapproved
in part the State's underground injection control program--
``(i) the Administrator shall transmit, in writing, to the
State a detailed explanation as to the status of the
application or notice; and
``(ii) the State's underground injection control program
shall be deemed approved under this section if--
``(I) the Administrator has not after another 30
days, pursuant to subparagraph (A), by rule approved,
disapproved, or approved in part and disapproved in
part the State's underground injection control program;
and
``(II) the State has established and implemented an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which
endangers drinking water sources.'';
(2) by amending paragraph (4) to read as follows:
``(4) Before promulgating any rule under paragraph (2) or (3) of
this subsection, the Administrator shall--
``(A) provide a reasonable opportunity for presentation of
views with respect to such rule, including a public hearing and
a public comment period; and
``(B) publish in the Federal Register notice of the
reasonable opportunity for presentation of views provided under
subparagraph (A).''; and
(3) by adding at the end the following:
``(5) Preapplication Activities.--The Administrator shall work as
expeditiously as possible with States to complete any necessary
activities relevant to the submission of an application under paragraph
(1)(A) or notice under paragraph (1)(B), taking into consideration the
need for a complete and detailed submission.
``(6) Application Coordination for Class VI Wells.--With respect to
the underground injection control program for Class VI wells (as
defined in section 40306(a) of the Infrastructure Investment and Jobs
Act (42 U.S.C. 300h-9(a))), the Administrator shall designate one
individual at the Agency from each regional office to be responsible
for coordinating--
``(A) the completion of any necessary activities prior to
the submission of an application under paragraph (1)(A) or
notice under paragraph (1)(B), in accordance with paragraph
(5);
``(B) the review of an application submitted under
paragraph (1)(A) or notice submitted under paragraph (1)(B);
``(C) any reasonable opportunity for presentation of views
provided under paragraph (4)(A) and any notice published under
paragraph (4)(B); and
``(D) pursuant to the recommendations included in the
report required under paragraph (7), the hiring of additional
staff to carry out subparagraphs (A) through (C).
``(7) Evaluation of Resources.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the individual designated under
paragraph (6) shall transmit to the appropriate Congressional
committees a report, including recommendations, regarding the--
``(i) availability of staff and resources to
promptly carry out the requirements of paragraph (6);
and
``(ii) additional funding amounts needed to do so.
``(B) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate Congressional Committees'
means--
``(i) in the Senate--
``(I) the Committee on Environment and
Public Works; and
``(II) the Committee on Appropriations; and
``(ii) in the House of Representatives--
``(I) the Committee on Energy and Commerce;
and
``(II) the Committee on Appropriations.''.
(b) Funding.--In each of fiscal years 2023 through 2026, amounts
made available by title VI of division J of the Infrastructure
Investment and Jobs Act under paragraph (7) of the heading
``Environmental Protection Agency--State and Tribal Assistance Grants''
(Public Law 117-58; 135 Stat. 1402) may also be made available, subject
to appropriations, to carry out paragraphs (5), (6), and (7) of section
1422(b) of the Safe Drinking Water Act, as added by this section.
(c) Rule of Construction.--The amendments made by this section
shall--
(1) apply to all applications submitted to the
Environmental Protection Agency after the date of enactment of
this Act to establish an underground injection control program
under section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
300h-1); and
(2) with respect to such applications submitted prior to
the date of enactment of this Act, the 270 and 300 day
deadlines under section 1422(b)(2)(B) of the Safe Drinking
Water Act, as added by this section, shall begin on the date of
enactment of this Act.
SEC. 10020. USE OF INDEX-BASED PRICING IN ACQUISITION OF PETROLEUM
PRODUCTS FOR THE SPR.
Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C.
6240(c)) is amended--
(1) by redesignating paragraphs (1) through (6) as clauses
(i) through (vi), respectively (and adjusting the margins
accordingly);
(2) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(3) by striking ``Such procedures shall take into account
the need to--'' and inserting the following:
``(2) Inclusions.--Procedures developed under this
subsection shall--
``(A) require acquisition of petroleum products
using index-based pricing; and
``(B) take into account the need to--''.
SEC. 10021. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is amended
by inserting after section 163 (42 U.S.C. 6243) the following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export or sale
of petroleum products drawn down from the Strategic Petroleum Reserve,
under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) any other country the government of which is subject
to sanctions imposed by the United States; and
``(6) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs
(1) through (5); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the prohibition
described in subsection (a) if the Secretary certifies that any export
or sale authorized pursuant to the waiver is in the national security
interests of the United States.
``(c) Rule.--Not later than 60 days after the date of enactment of
the Lower Energy Costs Act, the Secretary shall issue a rule to carry
out this section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before the
period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
SEC. 10022. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE PROPOSED
TAX HIKES ON THE OIL AND NATURAL GAS INDUSTRY IN THE
PRESIDENT'S FISCAL YEAR 2024 BUDGET REQUEST.
(a) Finding.--Congress finds that President Biden's fiscal year
2024 budget request proposes to repeal tax provisions that are vital to
the oil and natural gas industry of the United States, resulting in a
$31,000,000,000 tax hike on oil and natural gas producers in the United
States.
(b) Sense of Congress.--It is the sense of Congress that Congress
disapproves of the proposed tax hike on the oil and natural gas
industry in the President's fiscal year 2024 budget request.
SEC. 10023. DOMESTIC ENERGY INDEPENDENCE REPORT.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Energy, shall submit to Congress a
report that identifies and assesses regulations promulgated by the
Administrator during the 15-year period preceding the date of enactment
of this Act that have--
(1) reduced the energy independence of the United States;
(2) increased the regulatory burden for energy producers in
the United States;
(3) decreased the energy output by such energy producers;
(4) reduced the energy security of the United States; or
(5) increased energy costs for consumers in the United
States.
SEC. 10024. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on how
banning natural gas appliances will affect the rates and charges for
electricity.
SEC. 10025. GAS KITCHEN RANGES AND OVENS.
The Secretary of Energy may not finalize, implement, administer, or
enforce the proposed rule titled ``Energy Conservation Program: Energy
Conservation Standards for Consumer Conventional Cooking Products;
Supplemental notice of proposed rulemaking and announcement of public
meeting'' (88 Fed. Reg. 6818; published February 1, 2023) with respect
to energy conservation standards for gas kitchen ranges and ovens, or
any substantially similar rule, including any rule that would directly
or indirectly limit consumer access to gas kitchen ranges and ovens.
TITLE II--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF
AMERICAN RESOURCES
SEC. 20001. SHORT TITLE.
This title may be cited as the ``Transparency, Accountability,
Permitting, and Production of American Resources Act'' or the ``TAPP
American Resources Act''.
Subtitle A--Onshore and Offshore Leasing and Oversight
SEC. 20101. ONSHORE OIL AND GAS LEASING.
(a) Requirement To Immediately Resume Onshore Oil and Gas Lease
Sales.--
(1) In general.--The Secretary of the Interior shall
immediately resume quarterly onshore oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) Requirement.--The Secretary of the Interior shall
ensure--
(A) that any oil and gas lease sale pursuant to
paragraph (1) is conducted immediately on completion of
all applicable scoping, public comment, and
environmental analysis requirements under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) that the processes described in subparagraph
(A) are conducted in a timely manner to ensure
compliance with subsection (b)(1).
(3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the
Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by
inserting ``Eligible lands comprise all lands subject to
leasing under this Act and not excluded from leasing by a
statutory or regulatory prohibition. Available lands are those
lands that have been designated as open for leasing under a
land use plan developed under section 202 of the Federal Land
Policy and Management Act of 1976 and that have been nominated
for leasing through the submission of an expression of
interest, are subject to drainage in the absence of leasing, or
are otherwise designated as available pursuant to regulations
adopted by the Secretary.'' after ``sales are necessary.''.
(b) Quarterly Lease Sales.--
(1) In general.--In accordance with the Mineral Leasing Act
(30 U.S.C. 181 et seq.), each fiscal year, the Secretary of the
Interior shall conduct a minimum of four oil and gas lease
sales in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(J) Any other State in which there is land
available for oil and gas leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or any other
mineral leasing law.
(2) Requirement.--In conducting a lease sale under
paragraph (1) in a State described in that paragraph, the
Secretary of the Interior shall offer all parcels nominated and
eligible pursuant to the requirements of the Mineral Leasing
Act (30 U.S.C. 181 et seq.) for oil and gas exploration,
development, and production under the resource management plan
in effect for the State.
(3) Replacement sales.--The Secretary of the Interior shall
conduct a replacement sale during the same fiscal year if--
(A) a lease sale under paragraph (1) is canceled,
delayed, or deferred, including for a lack of eligible
parcels; or
(B) during a lease sale under paragraph (1) the
percentage of acreage that does not receive a bid is
equal to or greater than 25 percent of the acreage
offered.
(4) Notice regarding missed sales.--Not later than 30 days
after a sale required under this subsection is canceled,
delayed, deferred, or otherwise missed the Secretary of the
Interior shall submit to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that states what sale
was missed and why it was missed.
SEC. 20102. LEASE REINSTATEMENT.
The reinstatement of a lease entered into under the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) by the Secretary shall be not considered a major
Federal action under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
SEC. 20103. PROTESTED LEASE SALES.
Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
226(b)(1)(A)) is amended by inserting ``The Secretary shall resolve any
protest to a lease sale not later than 60 days after such payment.''
after ``annual rental for the first lease year.''.
SEC. 20104. SUSPENSION OF OPERATIONS.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
``(r) Suspension of Operations Permits.--In the event that an oil
and gas lease owner has submitted an expression of interest for
adjacent acreage that is part of the nature of the geological play and
has yet to be offered in a lease sale by the Secretary, they may
request a suspension of operations from the Secretary of the Interior
and upon request, the Secretary shall grant the suspension of
operations within 15 days. Any payment of acreage rental or of minimum
royalty prescribed by such lease likewise shall be suspended during
such period of suspension of operations and production; and the term of
such lease shall be extended by adding any such suspension period
thereto.''.
SEC. 20105. ADMINISTRATIVE PROTEST PROCESS REFORM.
Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is further
amended by adding at the end the following:
``(s) Protest Filing Fee.--
``(1) In general.--Before processing any protest filed
under this section, the Secretary shall collect a filing fee in
the amount described in paragraph (2) from the protestor to
recover the cost for processing documents filed for each
administrative protest.
``(2) Amount.--The amount described in this paragraph is
calculated as follows:
``(A) For each protest filed in a submission not
exceeding 10 pages in length, the base filing fee shall
be $150.
``(B) For each submission exceeding 10 pages in
length, in addition to the base filing fee, an
assessment of $5 per page in excess of 10 pages shall
apply.
``(C) For protests that include more than one oil
and gas lease parcel, right-of-way, or application for
permit to drill in a submission, an additional
assessment of $10 per additional lease parcel, right-
of-way, or application for permit to drill shall apply.
``(3) Adjustment.--
``(A) In general.--Beginning on January 1, 2024,
and annually thereafter, the Secretary shall adjust the
filing fees established in this subsection to whole
dollar amounts to reflect changes in the Producer Price
Index, as published by the Bureau of Labor Statistics,
for the previous 12 months.
``(B) Publication of adjusted filing fees.--At
least 30 days before the filing fees as adjusted under
this paragraph take effect, the Secretary shall publish
notification of the adjustment of such fees in the
Federal Register.''.
SEC. 20106. LEASING AND PERMITTING TRANSPARENCY.
(a) Report.--Not later than 30 days after the date of the enactment
of this section, and annually thereafter, the Secretary of the Interior
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the status of nominated parcels for future onshore oil
and gas and geothermal lease sales, including--
(A) the number of expressions of interest received
each month during the period of 365 days that ends on
the date on which the report is submitted with respect
to which the Bureau of Land Management--
(i) has not taken any action to review;
(ii) has not completed review; or
(iii) has completed review and determined
that the relevant area meets all applicable
requirements for leasing, but has not offered
the relevant area in a lease sale;
(B) how long expressions of interest described in
subparagraph (A) have been pending; and
(C) a plan, including timelines, for how the
Secretary of the Interior plans to--
(i) work through future expressions of
interest to prevent delays;
(ii) put expressions of interest described
in subparagraph (A) into a lease sale; and
(iii) complete review for expressions of
interest described in clauses (i) and (ii) of
subparagraph (A);
(2) the status of each pending application for permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Land
Management office, including--
(A) a description of the cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending in violation of section 17(p)(2) of the Mineral
Leasing Act (30 U.S.C. 226(p)(2)); and
(C) a plan for how the office intends to come into
compliance with the requirements of section 17(p)(2) of
the Mineral Leasing Act (30 U.S.C. 226(p)(2));
(3) the number of permits to drill issued each month by
each Bureau of Land Management office during the 5-year period
ending on the date on which the report is submitted;
(4) the status of each pending application for a license
for offshore geological and geophysical surveys received during
the period of 365 days that ends on the date on which the
report is submitted, including the number of applications
received each month, by each Bureau of Ocean Energy management
regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) a plan for how the Bureau of Ocean Energy
Management intends to complete review of each
application;
(5) the number of licenses for offshore geological and
geophysical surveys issued each month by each Bureau of Ocean
Energy Management regional office during the 5-year period
ending on the date on which the report is submitted;
(6) the status of each pending application for a permit to
drill received during the period of 365 days that ends on the
date on which the report is submitted, including the number of
applications received each month, by each Bureau of Safety and
Environmental Enforcement regional office, including--
(A) a description of any cause of delay for pending
applications, including as a result of staffing
shortages, technical limitations, incomplete
applications, and incomplete review pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or other applicable laws;
(B) the number of days an application has been
pending; and
(C) steps the Bureau of Safety and Environmental
Enforcement is taking to complete review of each
application;
(7) the number of permits to drill issued each month by
each Bureau of Safety and Environmental Enforcement regional
office during the period of 365 days that ends on the date on
which the report is submitted;
(8) how, as applicable, the Bureau of Land Management, the
Bureau of Ocean Energy Management, and the Bureau of Safety and
Environmental Enforcement determines whether to--
(A) issue a license for geological and geophysical
surveys;
(B) issue a permit to drill; and
(C) issue, extend, or suspend an oil and gas lease;
(9) when determinations described in paragraph (8) are sent
to the national office of the Bureau of Land Management, the
Bureau of Ocean Energy Management, or the Bureau of Safety and
Environmental Enforcement for final approval;
(10) the degree to which Bureau of Land Management, Bureau
of Ocean Energy Management, and Bureau of Safety and
Environmental Enforcement field, State, and regional offices
exercise discretion on such final approval;
(11) during the period of 365 days that ends on the date on
which the report is submitted, the number of auctioned leases
receiving accepted bids that have not been issued to winning
bidders and the number of days such leases have not been
issued; and
(12) a description of the uses of application for permit to
drill fees paid by permit holders during the 5-year period
ending on the date on which the report is submitted.
(b) Pending Applications for Permits To Drill.--Not later than 30
days after the date of the enactment of this section, the Secretary of
the Interior shall--
(1) complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable law that must be met before issuance of a
permit to drill described in paragraph (2); and
(2) issue a permit for all completed applications to drill
that are pending on the date of the enactment of this Act.
(c) Public Availability of Data.--
(1) Mineral leasing act.--Section 17 of the Mineral Leasing
Act (30 U.S.C. 226) is further amended by adding at the end the
following:
``(t) Public Availability of Data.--
``(1) Expressions of interest.--Not later than 30 days
after the date of the enactment of this subsection, and each
month thereafter, the Secretary shall publish on the website of
the Department of the Interior the number of pending, approved,
and not approved expressions of interest in nominated parcels
for future onshore oil and gas lease sales in the preceding
month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of pending
and approved applications for permits to drill in the preceding
month in each State office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
to each month during the 5-year period ending on the date of
the enactment of this subsection--
``(A) the number of approved and not approved
expressions of interest for onshore oil and gas lease
sales during such 5-year period; and
``(B) the number of approved and not approved
applications for permits to drill during such 5-year
period.''.
(2) Outer continental shelf lands act.--Section 8 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended
by adding at the end the following:
``(q) Public Availability of Data.--
``(1) Offshore geological and geophysical survey
licenses.--Not later than 30 days after the date of the
enactment of this subsection, and each month thereafter, the
Secretary shall publish on the website of the Department of the
Interior the number of pending and approved applications for
licenses for offshore geological and geophysical surveys in the
preceding month.
``(2) Applications for permits to drill.--Not later than 30
days after the date of the enactment of this subsection, and
each month thereafter, the Secretary shall publish on the
website of the Department of the Interior the number of pending
and approved applications for permits to drill on the outer
Continental Shelf in the preceding month in each regional
office.
``(3) Past data.--Not later than 30 days after the date of
the enactment of this subsection, the Secretary shall publish
on the website of the Department of the Interior, with respect
each month during the 5-year period ending on the date of the
enactment of this subsection--
``(A) the number of approved applications for
licenses for offshore geological and geophysical
surveys; and
``(B) the number of approved applications for
permits to drill on the outer Continental Shelf.''.
(d) Requirement To Submit Documents and Communications.--
(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary of the Interior
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives all documents and communications
relating to the comprehensive review of Federal oil and gas
permitting and leasing practices required under section 208 of
Executive Order No. 14008 (86 Fed. Reg. 7624; relating to
tackling the climate crisis at home and abroad).
(2) Inclusions.--The submission under paragraph (1) shall
include all documents and communications submitted to the
Secretary of the Interior by members of the public in response
to any public meeting or forum relating to the comprehensive
review described in that paragraph.
SEC. 20107. OFFSHORE OIL AND GAS LEASING.
(a) In General.--The Secretary shall conduct all lease sales
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016) that have not been conducted as
of the date of the enactment of this Act by not later than September
30, 2023.
(b) Gulf of Mexico Region Annual Lease Sales.--Notwithstanding any
other provision of law, and except within areas subject to existing oil
and gas leasing moratoria beginning in fiscal year 2023, the Secretary
of the Interior shall annually conduct a minimum of 2 region-wide oil
and gas lease sales in the following planning areas of the Gulf of
Mexico region, as described in the 2017-2022 Outer Continental Shelf
Oil and Gas Leasing Proposed Final Program (November 2016):
(1) The Central Gulf of Mexico Planning Area.
(2) The Western Gulf of Mexico Planning Area.
(c) Alaska Region Annual Lease Sales.--Notwithstanding any other
provision of law, beginning in fiscal year 2023, the Secretary of the
Interior shall annually conduct a minimum of 2 region-wide oil and gas
lease sales in the Alaska region of the Outer Continental Shelf, as
described in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program (November 2016).
(d) Requirements.--In conducting lease sales under subsections (b)
and (c), the Secretary of the Interior shall--
(1) issue such leases in accordance with the Outer
Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
(2) include in each such lease sale all unleased areas that
are not subject to a moratorium as of the date of the lease
sale.
SEC. 20108. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (c) and (d) of this
section, shall prepare and periodically revise,'' and
inserting ``this section, shall issue every five
years'';
(B) by adding at the end the following:
``(5) Each five-year program shall include at least two
Gulf of Mexico region-wide lease sales per year.''; and
(C) in paragraph (3), by inserting ``domestic
energy security,'' after ``between'';
(2) by redesignating subsections (f) through (i) as
subsections (h) through (k), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Five-Year Program for 2023-2028.--The Secretary shall issue
the five-year oil and gas leasing program for 2023 through 2028 and
issue the Record of Decision on the Final Programmatic Environmental
Impact Statement by not later than July 1, 2023.
``(g) Subsequent Leasing Programs.--
``(1) In general.--Not later than 36 months after
conducting the first lease sale under an oil and gas leasing
program prepared pursuant to this section, the Secretary shall
begin preparing the subsequent oil and gas leasing program
under this section.
``(2) Requirement.--Each subsequent oil and gas leasing
program under this section shall be approved by not later than
180 days before the expiration of the previous oil and gas
leasing program.''.
SEC. 20109. GEOTHERMAL LEASING.
(a) Annual Leasing.--Section 4(b) of the Geothermal Steam Act of
1970 (30 U.S.C. 1003(b)) is amended--
(1) in paragraph (2), by striking ``2 years'' and inserting
``year'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) after paragraph (2), by inserting the following:
``(3) Replacement sales.--If a lease sale under paragraph
(1) for a year is canceled or delayed, the Secretary of the
Interior shall conduct a replacement sale during the same year.
``(4) Requirement.--In conducting a lease sale under
paragraph (2) in a State described in that paragraph, the
Secretary of the Interior shall offer all nominated parcels
eligible for geothermal development and utilization under the
resource management plan in effect for the State.''.
(b) Deadlines for Consideration of Geothermal Drilling Permits.--
Section 4 of the Geothermal Steam Act of 1970 (30 U.S.C. 1003) is
amended by adding at the end the following:
``(h) Deadlines for Consideration of Geothermal Drilling Permits.--
``(1) Notice.--Not later than 30 days after the date on
which the Secretary receives an application for any geothermal
drilling permit, the Secretary shall--
``(A) provide written notice to the applicant that
the application is complete; or
``(B) notify the applicant that information is
missing and specify any information that is required to
be submitted for the application to be complete.
``(2) Issuance of decision.--If the Secretary determines
that an application for a geothermal drilling permit is
complete under paragraph (1)(A), the Secretary shall issue a
final decision on the application not later than 30 days after
the Secretary notifies the applicant that the application is
complete.''.
SEC. 20110. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.
(a) Definitions.--In this section:
(1) Coal lease.--The term ``coal lease'' means a lease
entered into by the United States as lessor, through the Bureau
of Land Management, and the applicant on Bureau of Land
Management Form 3400-012.
(2) Qualified application.--The term ``qualified
application'' means any application pending under the lease by
application program administered by the Bureau of Land
Management pursuant to the Mineral Leasing Act (30 U.S.C. 181
et seq.) and subpart 3425 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act), for which the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) has commenced.
(b) Mandatory Leasing and Other Required Approvals.--As soon as
practicable after the date of the enactment of this Act, the Secretary
shall promptly--
(1) with respect to each qualified application--
(A) if not previously published for public comment,
publish a draft environmental assessment, as required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any applicable implementing
regulations;
(B) finalize the fair market value of the coal
tract for which a lease by application is pending;
(C) take all intermediate actions necessary to
grant the qualified application; and
(D) grant the qualified application; and
(2) with respect to previously awarded coal leases, grant
any additional approvals of the Department of the Interior or
any bureau, agency, or division of the Department of the
Interior required for mining activities to commence.
SEC. 20111. FUTURE COAL LEASING.
Notwithstanding any judicial decision to the contrary or a
departmental review of the Federal coal leasing program, Secretarial
Order 3338, issued by the Secretary of the Interior on January 15,
2016, shall have no force or effect.
SEC. 20112. STAFF PLANNING REPORT.
The Secretary of the Interior and the Secretary of Agriculture
shall each annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report on the staffing capacity of each
respective agency with respect to issuing oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims, easements,
and permits. Each such report shall include--
(1) the number of staff assigned to process and issue oil,
gas, hardrock mining, coal, and renewable energy leases,
rights-of-way, claims, easements, and permits;
(2) a description of how many staff are needed to meet
statutory requirements for such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits; and
(3) how, as applicable, the Department of the Interior or
the Department of Agriculture plans to address technological
needs and staffing shortfalls and turnover to ensure adequate
staffing to process and issue such oil, gas, hardrock mining,
coal, and renewable energy leases, rights-of-way, claims,
easements, and permits.
SEC. 20113. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP INTEREST.
Notwithstanding any other provision of law, the Communist Party of
China (or a person acting on behalf of the Community Party of China),
any entity subject to the jurisdiction of the Government of the
People's Republic of China, or any entity that is owned by the
Government of the People's Republic of China, may not acquire any
interest with respect to lands leased for oil or gas under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) or American farmland or any lands
used for American renewable energy production, or acquire claims
subject to the General Mining Law of 1872.
SEC. 20114. EFFECT ON OTHER LAW.
Nothing in this title, or any amendments made by this title, shall
affect--
(1) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 8, 2020;
(2) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas of the United States Outer
Continental Shelf From Leasing Disposition'' and dated
September 25, 2020;
(3) the Presidential memorandum titled ``Memorandum on
Withdrawal of Certain Areas off the Atlantic Coast on the Outer
Continental Shelf From Leasing Disposition'' and dated December
20, 2016; or
(4) the ban on oil and gas development in the Great Lakes
described in section 386 of the Energy Policy Act of 2005 (42
U.S.C. 15941).
SEC. 20115. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.
The Secretary of the Interior shall not publish a notice for a wind
lease sale or hold a lease sale for wind energy development in the
Eastern Gulf of Mexico Planning Area, the South Atlantic Planning Area,
or the Straits of Florida Planning Area (as described in the 2017-2022
Outer Continental Shelf Oil and Gas Leasing Proposed Final Program
(November 2016)) until the Comptroller General of the United States
publishes a report on all potential adverse effects of wind energy
development in such areas, including associated infrastructure and
vessel traffic, on--
(1) military readiness and training activities in the
Planning Areas described in this section, including activities
within or related to the Eglin Test and Training Complex and
the Jacksonville Range Complex;
(2) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the Planning Areas described in this section; and
(3) tourism, including the economic impacts that a decrease
in tourism may have on the communities adjacent to the Planning
Areas described in this section.
SEC. 20116. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT SUPPLY CHAIN.
It is the sense of Congress that--
(1) wind energy development on Federal lands and waters is
a burgeoning industry in the United States;
(2) major components of wind infrastructure, including
turbines, are imported in large quantities from other countries
including countries that are national security threats, such as
the Government of the People's Republic of China;
(3) it is in the best interest of the United States to
foster and support domestic supply chains across sectors to
promote American energy independence;
(4) the economic and manufacturing opportunities presented
by wind turbine construction and component manufacturing should
be met by American workers and materials that are sourced
domestically to the greatest extent practicable; and
(5) infrastructure for wind energy development in the
United States should be constructed with materials produced and
manufactured in the United States.
SEC. 20117. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.
It is the sense of Congress that the royalty rate for onshore
Federal oil and gas leases should be not more than 12.5 percent in
amount or value of the production removed or sold from the lease.
SEC. 20118. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this section, the Comptroller General shall conduct a
study to assess the sufficiency of the environmental review processes
for offshore wind projects in place as of the date of the enactment of
this section of the National Marine Fisheries Service, the Bureau of
Ocean Energy Management, and any other relevant Federal agency.
(b) Contents.--The study required under subsection (a) shall
include consideration of the following:
(1) The impacts of offshore wind projects on--
(A) whales, finfish, and other marine mammals;
(B) benthic resources;
(C) commercial and recreational fishing;
(D) air quality;
(E) cultural, historical, and archaeological
resources;
(F) invertebrates;
(G) essential fish habitat;
(H) military use and navigation and vessel traffic;
(I) recreation and tourism; and
(J) the sustainability of shoreline beaches and
inlets.
(2) The impacts of hurricanes and other severe weather on
offshore wind projects.
(3) How the agencies described in subsection (a) determine
which stakeholders are consulted and if a timely, comprehensive
comment period is provided for local representatives and other
interested parties.
(4) The estimated cost and who pays for offshore wind
projects.
SEC. 20119. GAO REPORT ON WIND ENERGY IMPACTS.
The Comptroller General of the United States shall publish a report
on all potential adverse effects of wind energy development in the
North Atlantic Planning Area (as described in the 2017-2022 Outer
Continental Shelf Oil and Gas Leasing Proposed Final Program (November
2016)), including associated infrastructure and vessel traffic, on--
(1) maritime safety, including the operation of radar
systems;
(2) economic impacts related to commercial fishing
activities; and
(3) marine environment and ecology, including species
listed as endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) or designated as depleted
under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) in the North Atlantic Planning Area.
Subtitle B--Permitting Streamlining
SEC. 20201. DEFINITIONS.
In this subtitle:
(1) Energy facility.--The term ``energy facility'' means a
facility the primary purpose of which is the exploration for,
or the development, production, conversion, gathering, storage,
transfer, processing, or transportation of, any energy
resource.
(2) Energy storage device.--The term ``energy storage
device''--
(A) means any equipment that stores energy,
including electricity, compressed air, pumped water,
heat, and hydrogen, which may be converted into, or
used to produce, electricity; and
(B) includes a battery, regenerative fuel cell,
flywheel, capacitor, superconducting magnet, and any
other equipment the Secretary concerned determines may
be used to store energy which may be converted into, or
used to produce, electricity.
(3) Public lands.--The term ``public lands'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Secretary of Agriculture without regard to how
the United States acquired ownership, except--
(A) lands located on the Outer Continental Shelf;
and
(B) lands held in trust by the United States for
the benefit of Indians, Indian Tribes, Aleuts, and
Eskimos.
(4) Right-of-way.--The term ``right-of-way'' means--
(A) a right-of-way issued, granted, or renewed
under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761); or
(B) a right-of-way granted under section 28 of the
Mineral Leasing Act (30 U.S.C. 185).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to public lands, the Secretary of
the Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
(6) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604);
(B) a Land Management Plan developed by the Bureau
of Land Management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); or
(C) a comprehensive conservation plan developed by
the United States Fish and Wildlife Service under
section 4(e)(1)(A) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd(e)(1)(A)).
SEC. 20202. BUILDER ACT.
(a) Paragraph (2) of Section 102.--Section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) is amended--
(1) in subparagraph (A), by striking ``insure'' and
inserting ``ensure'';
(2) in subparagraph (B), by striking ``insure'' and
inserting ``ensure'';
(3) in subparagraph (C)--
(A) by inserting ``consistent with the provisions
of this Act and except as provided by other provisions
of law,'' before ``include in every'';
(B) by striking clauses (i) through (v) and
inserting the following:
``(i) reasonably foreseeable environmental effects
with a reasonably close causal relationship to the
proposed agency action;
``(ii) any reasonably foreseeable adverse
environmental effects which cannot be avoided should
the proposal be implemented;
``(iii) a reasonable number of alternatives to the
proposed agency action, including an analysis of any
negative environmental impacts of not implementing the
proposed agency action in the case of a no action
alternative, that are technically and economically
feasible, are within the jurisdiction of the agency,
meet the purpose and need of the proposal, and, where
applicable, meet the goals of the applicant;
``(iv) the relationship between local short-term
uses of man's environment and the maintenance and
enhancement of long-term productivity; and
``(v) any irreversible and irretrievable
commitments of Federal resources which would be
involved in the proposed agency action should it be
implemented.''; and
(C) by striking ``the responsible Federal
official'' and inserting ``the head of the lead
agency'';
(4) in subparagraph (D), by striking ``Any'' and inserting
``any'';
(5) by redesignating subparagraphs (D) through (I) as
subparagraphs (F) through (K), respectively;
(6) by inserting after subparagraph (C) the following:
``(D) ensure the professional integrity, including
scientific integrity, of the discussion and analysis in an
environmental document;
``(E) make use of reliable existing data and resources in
carrying out this Act;'';
(7) by amending subparagraph (G), as redesignated, to read
as follows:
``(G) consistent with the provisions of this Act, study,
develop, and describe technically and economically feasible
alternatives within the jurisdiction and authority of the
agency;''; and
(8) in subparagraph (H), as amended, by inserting
``consistent with the provisions of this Act,'' before
``recognize''.
(b) New Sections.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end the
following:
``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.
``(a) Threshold Determinations.--An agency is not required to
prepare an environmental document with respect to a proposed agency
action if--
``(1) the proposed agency action is not a final agency
action within the meaning of such term in chapter 5 of title 5,
United States Code;
``(2) the proposed agency action is covered by a
categorical exclusion established by the agency, another
Federal agency, or another provision of law;
``(3) the preparation of such document would clearly and
fundamentally conflict with the requirements of another
provision of law;
``(4) the proposed agency action is, in whole or in part, a
nondiscretionary action with respect to which such agency does
not have authority to take environmental factors into
consideration in determining whether to take the proposed
action;
``(5) the proposed agency action is a rulemaking that is
subject to section 553 of title 5, United States Code; or
``(6) the proposed agency action is an action for which
such agency's compliance with another statute's requirements
serve the same or similar function as the requirements of this
Act with respect to such action.
``(b) Levels of Review.--
``(1) Environmental impact statement.--An agency shall
issue an environmental impact statement with respect to a
proposed agency action that has a significant effect on the
quality of the human environment.
``(2) Environmental assessment.--An agency shall prepare an
environmental assessment with respect to a proposed agency
action that is not likely to have a significant effect on the
quality of the human environment, or if the significance of
such effect is unknown, unless the agency finds that a
categorical exclusion established by the agency, another
Federal agency, or another provision of law applies. Such
environmental assessment shall be a concise public document
prepared by a Federal agency to set forth the basis of such
agency's finding of no significant impact.
``(3) Sources of information.--In making a determination
under this subsection, an agency--
``(A) may make use of any reliable data source; and
``(B) is not required to undertake new scientific
or technical research.
``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.
``(a) Lead Agency.--
``(1) Designation.--
``(A) In general.--If there are two or more
involved Federal agencies, such agencies shall
determine, by letter or memorandum, which agency shall
be the lead agency based on consideration of the
following factors:
``(i) Magnitude of agency's involvement.
``(ii) Project approval or disapproval
authority.
``(iii) Expertise concerning the action's
environmental effects.
``(iv) Duration of agency's involvement.
``(v) Sequence of agency's involvement.
``(B) Joint lead agencies.--In making a
determination under subparagraph (A), the involved
Federal agencies may, in addition to a Federal agency,
appoint such Federal, State, Tribal, or local agencies
as joint lead agencies as the involved Federal agencies
shall determine appropriate. Joint lead agencies shall
jointly fulfill the role described in paragraph (2).
``(C) Mineral projects.--This paragraph shall not
apply with respect to a mineral exploration or mine
permit.
``(2) Role.--A lead agency shall, with respect to a
proposed agency action--
``(A) supervise the preparation of an environmental
document if, with respect to such proposed agency
action, there is more than one involved Federal agency;
``(B) request the participation of each cooperating
agency at the earliest practicable time;
``(C) in preparing an environmental document, give
consideration to any analysis or proposal created by a
cooperating agency with jurisdiction by law or a
cooperating agency with special expertise;
``(D) develop a schedule, in consultation with each
involved cooperating agency, the applicant, and such
other entities as the lead agency determines
appropriate, for completion of any environmental
review, permit, or authorization required to carry out
the proposed agency action;
``(E) if the lead agency determines that a review,
permit, or authorization will not be completed in
accordance with the schedule developed under
subparagraph (D), notify the agency responsible for
issuing such review, permit, or authorization of the
discrepancy and request that such agency take such
measures as such agency determines appropriate to
comply with such schedule; and
``(F) meet with a cooperating agency that requests
such a meeting.
``(3) Cooperating agency.--The lead agency may, with
respect to a proposed agency action, designate any involved
Federal agency or a State, Tribal, or local agency as a
cooperating agency. A cooperating agency may, not later than a
date specified by the lead agency, submit comments to the lead
agency. Such comments shall be limited to matters relating to
the proposed agency action with respect to which such agency
has special expertise or jurisdiction by law with respect to an
environmental issue.
``(4) Request for designation.--Any Federal, State, Tribal,
or local agency or person that is substantially affected by the
lack of a designation of a lead agency with respect to a
proposed agency action under paragraph (1) may submit a written
request for such a designation to an involved Federal agency.
An agency that receives a request under this paragraph shall
transmit such request to each involved Federal agency and to
the Council.
``(5) Council designation.--
``(A) Request.--Not earlier than 45 days after the
date on which a request is submitted under paragraph
(4), if no designation has been made under paragraph
(1), a Federal, State, Tribal, or local agency or
person that is substantially affected by the lack of a
designation of a lead agency may request that the
Council designate a lead agency. Such request shall
consist of--
``(i) a precise description of the nature
and extent of the proposed agency action; and
``(ii) a detailed statement with respect to
each involved Federal agency and each factor
listed in paragraph (1) regarding which agency
should serve as lead agency.
``(B) Transmission.--The Council shall transmit a
request received under subparagraph (A) to each
involved Federal agency.
``(C) Response.--An involved Federal agency may,
not later than 20 days after the date of the submission
of a request under subparagraph (A), submit to the
Council a response to such request.
``(D) Designation.--Not later than 40 days after
the date of the submission of a request under
subparagraph (A), the Council shall designate the lead
agency with respect to the relevant proposed agency
action.
``(b) One Document.--
``(1) Document.--To the extent practicable, if there are 2
or more involved Federal agencies with respect to a proposed
agency action and the lead agency has determined that an
environmental document is required, such requirement shall be
deemed satisfied with respect to all involved Federal agencies
if the lead agency issues such an environmental document.
``(2) Consideration timing.--In developing an environmental
document for a proposed agency action, no involved Federal
agency shall be required to consider any information that
becomes available after the sooner of, as applicable--
``(A) receipt of a complete application with
respect to such proposed agency action; or
``(B) publication of a notice of intent or decision
to prepare an environmental impact statement for such
proposed agency action.
``(3) Scope of review.--In developing an environmental
document for a proposed agency action, the lead agency and any
other involved Federal agencies shall only consider the effects
of the proposed agency action that--
``(A) occur on Federal land; or
``(B) are subject to Federal control and
responsibility.
``(c) Request for Public Comment.--Each notice of intent to prepare
an environmental impact statement under section 102 shall include a
request for public comment on alternatives or impacts and on relevant
information, studies, or analyses with respect to the proposed agency
action.
``(d) Statement of Purpose and Need.--Each environmental impact
statement shall include a statement of purpose and need that briefly
summarizes the underlying purpose and need for the proposed agency
action.
``(e) Estimated Total Cost.--The cover sheet for each environmental
impact statement shall include a statement of the estimated total cost
of preparing such environmental impact statement, including the costs
of agency full-time equivalent personnel hours, contractor costs, and
other direct costs.
``(f) Page Limits.--
``(1) Environmental impact statements.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(2) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.
``(g) Sponsor Preparation.--A lead agency shall allow a project
sponsor to prepare an environmental assessment or an environmental
impact statement upon request of the project sponsor. Such agency may
provide such sponsor with appropriate guidance and assist in the
preparation. The lead agency shall independently evaluate the
environmental document and shall take responsibility for the contents
upon adoption.
``(h) Deadlines.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a proposed agency action, a lead agency shall
complete, as applicable--
``(A) the environmental impact statement not later
than the date that is 2 years after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 102(2)(C) requires the
issuance of an environmental impact statement
with respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental impact statement for such action;
and
``(B) the environmental assessment not later than
the date that is 1 year after the sooner of, as
applicable--
``(i) the date on which such agency
determines that section 106(b)(2) requires the
preparation of an environmental assessment with
respect to such action;
``(ii) the date on which such agency
notifies the applicant that the application to
establish a right-of-way for such action is
complete; and
``(iii) the date on which such agency
issues a notice of intent to prepare the
environmental assessment for such action.
``(2) Delay.--A lead agency that determines it is not able
to meet the deadline described in paragraph (1) may extend such
deadline with the approval of the applicant. If the applicant
approves such an extension, the lead agency shall establish a
new deadline that provides only so much additional time as is
necessary to complete such environmental impact statement or
environmental assessment.
``(3) Expenditures for delay.--If a lead agency is unable
to meet the deadline described in paragraph (1) or extended
under paragraph (2), the lead agency must pay $100 per day, to
the extent funding is provided in advance in an appropriations
Act, out of the office of the head of the department of the
lead agency to the applicant starting on the first day
immediately following the deadline described in paragraph (1)
or extended under paragraph (2) up until the date that an
applicant approves a new deadline. This paragraph does not
apply when the lead agency misses a deadline solely due to
delays caused by litigation.
``(i) Report.--
``(1) In general.--The head of each lead agency shall
annually submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
``(A) identifies any environmental assessment and
environmental impact statement that such lead agency
did not complete by the deadline described in
subsection (h); and
``(B) provides an explanation for any failure to
meet such deadline.
``(2) Inclusions.--Each report submitted under paragraph
(1) shall identify, as applicable--
``(A) the office, bureau, division, unit, or other
entity within the Federal agency responsible for each
such environmental assessment and environmental impact
statement;
``(B) the date on which--
``(i) such lead agency notified the
applicant that the application to establish a
right-of-way for the major Federal action is
complete;
``(ii) such lead agency began the scoping
for the major Federal action; or
``(iii) such lead agency issued a notice of
intent to prepare the environmental assessment
or environmental impact statement for the major
Federal action; and
``(C) when such environmental assessment and
environmental impact statement is expected to be
complete.
``SEC. 108. JUDICIAL REVIEW.
``(a) Limitations on Claims.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking judicial review of
compliance with this Act, of a determination made under this Act, or of
Federal action resulting from a determination made under this Act,
shall be barred unless--
``(1) in the case of a claim pertaining to a proposed
agency action for which--
``(A) an environmental document was prepared and an
opportunity for comment was provided;
``(B) the claim is filed by a party that
participated in the administrative proceedings
regarding such environmental document; and
``(C) the claim--
``(i) is filed by a party that submitted a
comment during the public comment period for
such administrative proceedings and such
comment was sufficiently detailed to put the
lead agency on notice of the issue upon which
the party seeks judicial review; and
``(ii) is related to such comment;
``(2) except as provided in subsection (b), such claim is
filed not later than 120 days after the date of publication of
a notice in the Federal Register of agency intent to carry out
the proposed agency action;
``(3) such claim is filed after the issuance of a record of
decision or other final agency action with respect to the
relevant proposed agency action;
``(4) such claim does not challenge the establishment or
use of a categorical exclusion under section 102; and
``(5) such claim concerns--
``(A) an alternative included in the environmental
document; or
``(B) an environmental effect considered in the
environmental document.
``(b) Supplemental Environmental Impact Statement.--
``(1) Separate final agency action.--The issuance of a
Federal action resulting from a final supplemental
environmental impact statement shall be considered a final
agency action for the purposes of chapter 5 of title 5, United
States Code, separate from the issuance of any previous
environmental impact statement with respect to the same
proposed agency action.
``(2) Deadline for filing a claim.--A claim seeking
judicial review of a Federal action resulting from a final
supplemental environmental review issued under section
102(2)(C) shall be barred unless--
``(A) such claim is filed within 120 days of the
date on which a notice of the Federal agency action
resulting from a final supplemental environmental
impact statement is issued; and
``(B) such claim is based on information contained
in such supplemental environmental impact statement
that was not contained in a previous environmental
document pertaining to the same proposed agency action.
``(c) Prohibition on Injunctive Relief.--Notwithstanding any other
provision of law, a violation of this Act shall not constitute the
basis for injunctive relief.
``(d) Rule of Construction.--Nothing in this section shall be
construed to create a right of judicial review or place any limit on
filing a claim with respect to the violation of the terms of a permit,
license, or approval.
``(e) Remand.--Notwithstanding any other provision of law, no
proposed agency action for which an environmental document is required
shall be vacated or otherwise limited, delayed, or enjoined unless a
court concludes allowing such proposed action will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law.
``SEC. 109. DEFINITIONS.
``In this title:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined normally does not significantly affect the
quality of the human environment within the meaning of section
102(2)(C).
``(2) Cooperating agency.--The term `cooperating agency'
means any Federal, State, Tribal, or local agency that has been
designated as a cooperating agency under section 107(a)(3).
``(3) Council.--The term `Council' means the Council on
Environmental Quality established in title II.
``(4) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 106(b)(2).
``(5) Environmental document.--The term `environmental
document' means an environmental impact statement, an
environmental assessment, or a finding of no significant
impact.
``(6) Environmental impact statement.--The term
`environmental impact statement' means a detailed written
statement that is required by section 102(2)(C).
``(7) Finding of no significant impact.--The term `finding
of no significant impact' means a determination by a Federal
agency that a proposed agency action does not require the
issuance of an environmental impact statement.
``(8) Involved federal agency.--The term `involved Federal
agency' means an agency that, with respect to a proposed agency
action--
``(A) proposed such action; or
``(B) is involved in such action because such
action is directly related, through functional
interdependence or geographic proximity, to an action
such agency has taken or has proposed to take.
``(9) Lead agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `lead agency' means, with
respect to a proposed agency action--
``(i) the agency that proposed such action;
or
``(ii) if there are 2 or more involved
Federal agencies with respect to such action,
the agency designated under section 107(a)(1).
``(B) Specification for mineral exploration or mine
permits.--With respect to a proposed mineral
exploration or mine permit, the term `lead agency' has
the meaning given such term in section 40206(a) of the
Infrastructure Investment and Jobs Act.
``(10) Major federal action.--
``(A) In general.--The term `major Federal action'
means an action that the agency carrying out such
action determines is subject to substantial Federal
control and responsibility.
``(B) Exclusion.--The term `major Federal action'
does not include--
``(i) a non-Federal action--
``(I) with no or minimal Federal
funding;
``(II) with no or minimal Federal
involvement where a Federal agency
cannot control the outcome of the
project; or
``(III) that does not include
Federal land;
``(ii) funding assistance solely in the
form of general revenue sharing funds which do
not provide Federal agency compliance or
enforcement responsibility over the subsequent
use of such funds;
``(iii) loans, loan guarantees, or other
forms of financial assistance where a Federal
agency does not exercise sufficient control and
responsibility over the effect of the action;
``(iv) farm ownership and operating loan
guarantees by the Farm Service Agency pursuant
to sections 305 and 311 through 319 of the
Consolidated Farmers Home Administration Act of
1961 (7 U.S.C. 1925 and 1941 through 1949);
``(v) business loan guarantees provided by
the Small Business Administration pursuant to
section 7(a) or (b) and of the Small Business
Act (15 U.S.C. 636(a)), or title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695
et seq.);
``(vi) bringing judicial or administrative
civil or criminal enforcement actions; or
``(vii) extraterritorial activities or
decisions, which means agency activities or
decisions with effects located entirely outside
of the jurisdiction of the United States.
``(C) Additional exclusions.--An agency action may
not be determined to be a major Federal action on the
basis of--
``(i) an interstate effect of the action or
related project; or
``(ii) the provision of Federal funds for
the action or related project.
``(11) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' has the meaning given such
term in section 40206(a) of the Infrastructure Investment and
Jobs Act.
``(12) Proposal.--The term `proposal' means a proposed
action at a stage when an agency has a goal, is actively
preparing to make a decision on one or more alternative means
of accomplishing that goal, and can meaningfully evaluate its
effects.
``(13) Reasonably foreseeable.--The term `reasonably
foreseeable' means likely to occur--
``(A) not later than 10 years after the lead agency
begins preparing the environmental document; and
``(B) in an area directly affected by the proposed
agency action such that an individual of ordinary
prudence would take such occurrence into account in
reaching a decision.
``(14) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
SEC. 20203. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT
REGULATIONS.
The revisions to the Code of Federal Regulations made pursuant to
the final rule of the Council on Environmental Quality titled ``Update
to the Regulations Implementing the Procedural Provisions of the
National Environmental Policy Act'' and published on July 16, 2020 (85
Fed. Reg. 43304), shall have the same force and effect of law as if
enacted by an Act of Congress.
SEC. 20204. NON-MAJOR FEDERAL ACTIONS.
(a) Exemption.--An action by the Secretary concerned with respect
to a covered activity shall be not considered a major Federal action
under section 102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)).
(b) Covered Activity.--In this section, the term ``covered
activity'' includes--
(1) geotechnical investigations;
(2) off-road travel in an existing right-of-way;
(3) construction of meteorological towers where the total
surface disturbance at the location is less than 5 acres;
(4) adding a battery or other energy storage device to an
existing or planned energy facility, if that storage resource
is located within the physical footprint of the existing or
planned energy facility;
(5) drilling temperature gradient wells and other
geothermal exploratory wells, including construction or making
improvements for such activities, where--
(A) the last cemented casing string is less than 12
inches in diameter; and
(B) the total unreclaimed surface disturbance at
any one time within the project area is less than 5
acres;
(6) any repair, maintenance, upgrade, optimization, or
minor addition to existing transmission and distribution
infrastructure, including--
(A) operation, maintenance, or repair of power
equipment and structures within existing substations,
switching stations, transmission, and distribution
lines;
(B) the addition, modification, retirement, or
replacement of breakers, transmission towers,
transformers, bushings, or relays;
(C) the voltage uprating, modification,
reconductoring with conventional or advanced
conductors, and clearance resolution of transmission
lines;
(D) activities to minimize fire risk, including
vegetation management, routine fire mitigation,
inspection, and maintenance activities, and removal of
hazard trees and other hazard vegetation within or
adjacent to an existing right-of-way;
(E) improvements to or construction of structure
pads for such infrastructure; and
(F) access and access route maintenance and repairs
associated with any activity described in subparagraph
(A) through (E);
(7) approval of and activities conducted in accordance with
operating plans or agreements for transmission and distribution
facilities or under a special use authorization for an electric
transmission and distribution facility right-of-way; and
(8) construction, maintenance, realignment, or repair of an
existing permanent or temporary access road--
(A) within an existing right-of-way or within a
transmission or utility corridor established by
Congress or in a land use plan;
(B) that serves an existing transmission line,
distribution line, or energy facility; or
(C) activities conducted in accordance with
existing onshore oil and gas leases.
SEC. 20205. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-WAY.
(a) In General.--Upon a determination by the Secretary concerned
that there will be no overall long-term net loss of vegetation, soil,
or habitat, as defined by acreage and function, resulting from a
proposed action, decision, or activity within an existing right-of-way,
within a right-of-way corridor established in a land use plan, or in an
otherwise designated right-of-way, that action, decision, or activity
shall not be considered a major Federal action under section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Inclusion of Remediation.--In making a determination under
subsection (a), the Secretary concerned shall consider the effect of
any remediation work to be conducted during the lifetime of the action,
decision, or activity when determining whether there will be any
overall long-term net loss of vegetation, soil, or habitat.
SEC. 20206. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT
ADEQUACY.
The Secretary concerned shall use previously completed
environmental assessments and environmental impact statements to
satisfy the requirements of section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) with respect to any major Federal
action, if such Secretary determines that--
(1) the new proposed action is substantially the same as a
previously analyzed proposed action or alternative analyzed in
a previous environmental assessment or environmental impact
statement; and
(2) the effects of the proposed action are substantially
the same as the effects analyzed in such existing environmental
assessments or environmental impact statements.
SEC. 20207. DETERMINATION REGARDING RIGHTS-OF-WAY.
Not later than 60 days after the Secretary concerned receives an
application to grant a right-of-way, the Secretary concerned shall
notify the applicant as to whether the application is complete or
deficient. If the Secretary concerned determines the application is
complete, the Secretary concerned may not consider any other
application to grant a right-of-way on the same or any overlapping
parcels of land while such application is pending.
SEC. 20208. TERMS OF RIGHTS-OF-WAY.
(a) Fifty-Year Terms for Rights-of-Way.--
(1) In general.--Any right-of-way for pipelines for the
transportation or distribution of oil or gas granted, issued,
amended, or renewed under Federal law may be limited to a term
of not more than 50 years before such right-of-way is subject
to renewal or amendment.
(2) Federal land policy and management act of 1976.--
Section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) is amended by adding at the end the
following:
``(e) Any right-of-way granted, issued, amended, or renewed under
subsection (a)(4) may be limited to a term of not more than 50 years
before such right-of-way is subject to renewal or amendment.''.
(b) Mineral Leasing Act.--Section 28(n) of the Mineral Leasing Act
(30 U.S.C. 185(n)) is amended by striking ``thirty'' and inserting
``50''.
SEC. 20209. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION
TECHNOLOGY.
(a) In General.--In fiscal years 2023 through 2025, the Secretary
of Agriculture (acting through the Forest Service) and the Secretary of
the Interior, after public notice, may accept and expend funds
contributed by non-Federal entities for dedicated staff, information
resource management, and information technology system development to
expedite the evaluation of permits, biological opinions, concurrence
letters, environmental surveys and studies, processing of applications,
consultations, and other activities for the leasing, development, or
expansion of an energy facility under the jurisdiction of the
respective Secretaries.
(b) Effect on Permitting.--In carrying out this section, the
Secretary of the Interior shall ensure that the use of funds accepted
under subsection (a) will not impact impartial decision making with
respect to permits, either substantively or procedurally.
(c) Statement for Failure To Accept or Expend Funds.--Not later
than 60 days after the end of the applicable fiscal year, if the
Secretary of Agriculture (acting through the Forest Service) or the
Secretary of the Interior does not accept funds contributed under
subsection (a) or accepts but does not expend such funds, that
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a statement explaining why such funds were not
accepted, were not expended, or both, as the case may be.
(d) Prohibition.--Notwithstanding any other provision of law, the
Secretary of Agriculture (acting through the Forest Service) and the
Secretary of the Interior may not accept contributions, as authorized
by subsection (a), from non-Federal entities owned by the Communist
Party of China (or a person or entity acting on behalf of the Communist
Party of China).
(e) Report on Non-Federal Entities.--Not later than 60 days after
the end of the applicable fiscal year, the Secretary of Agriculture
(acting through the Forest Service) and the Secretary of the Interior
shall submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that includes, for each expenditure authorized by
subsection (a)--
(1) the amount of funds accepted; and
(2) the contributing non-Federal entity.
SEC. 20210. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY LICENSING.
The Secretary of the Interior shall authorize geological and
geophysical surveys related to oil and gas activities on the Gulf of
Mexico Outer Continental Shelf, except within areas subject to existing
oil and gas leasing moratoria. Such authorizations shall be issued
within 30 days of receipt of a completed application and shall, as
applicable to survey type, comply with the mitigation and monitoring
measures in subsections (a), (b), (c), (d), (f), and (g) of section
217.184 of title 50, Code of Federal Regulations (as in effect on
January 1, 2022), and section 217.185 of title 50, Code of Federal
Regulations (as in effect on January 1, 2022). Geological and
geophysical surveys authorized pursuant to this section are deemed to
be in full compliance with the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and their implementing regulations.
SEC. 20211. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.
Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 226(p)(3))
is amended by adding at the end the following:
``(D) Deferral based on formatting issues.--A
decision on an application for a permit to drill may
not be deferred under paragraph (2)(B) as a result of a
formatting issue with the permit, unless such
formatting issue results in missing information.''.
SEC. 20212. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS TO DRILL.
(a) Effect of Pending Civil Actions.--Section 17(p) of the Mineral
Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the
following:
``(4) Effect of pending civil action on processing
applications for permits to drill.--Pursuant to the
requirements of paragraph (2), notwithstanding the existence of
any pending civil actions affecting the application or related
lease, the Secretary shall process an application for a permit
to drill or other authorizations or approvals under a valid
existing lease, unless a United States Federal court vacated
such lease. Nothing in this paragraph shall be construed as
providing authority to a Federal court to vacate a lease.''.
(b) Term of Permit To Drill.--Section 17 of the Mineral Leasing Act
(30 U.S.C. 226) is further amended by adding at the end the following:
``(u) Term of Permit To Drill.--A permit to drill issued under this
section after the date of the enactment of this subsection shall be
valid for one four-year term from the date that the permit is approved,
or until the lease regarding which the permit is issued expires,
whichever occurs first.''.
SEC. 20213. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.
Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942) is
amended to read as follows:
``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.
``(a) National Environmental Policy Act Review.--Action by the
Secretary of the Interior, in managing the public lands, or the
Secretary of Agriculture, in managing National Forest System lands,
with respect to any of the activities described in subsection (c),
shall not be considered a major Federal action for the purposes of
section 102(2)(C) of the National Environmental Policy Act of 1969, if
the activity is conducted pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) for the purpose of exploration or development of
oil or gas.
``(b) Application.--This section shall not apply to an action of
the Secretary of the Interior or the Secretary of Agriculture on Indian
lands or resources managed in trust for the benefit of Indian Tribes.
``(c) Activities Described.--The activities referred to in
subsection (a) are as follows:
``(1) Reinstating a lease pursuant to section 31 of the
Mineral Leasing Act (30 U.S.C. 188).
``(2) The following activities, provided that any new
surface disturbance is contiguous with the footprint of the
original authorization and does not exceed 20 acres or the
acreage has previously been evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(3) Drilling of an oil or gas well at a new well pad
site, provided that the new surface disturbance does not exceed
20 acres and the acreage evaluated in a document previously
prepared under section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
activity, whichever is greater.
``(4) Construction or realignment of a road, pipeline, or
utility within an existing right-of-way or within a right-of-
way corridor established in a land use plan.
``(5) The following activities when conducted from non-
Federal surface into federally owned minerals, provided that
the operator submits to the Secretary concerned certification
of a surface use agreement with the non-Federal landowner:
``(A) Drilling an oil or gas well at a well pad
site at which drilling has occurred previously.
``(B) Expansion of an existing oil or gas well pad
site to accommodate an additional well.
``(C) Expansion or modification of an existing oil
or gas well pad site, road, pipeline, facility, or
utility submitted in a sundry notice.
``(6) Drilling of an oil or gas well from non-Federal
surface and non-Federal subsurface into Federal mineral estate.
``(7) Construction of up to 1 mile of new road on Federal
or non-Federal surface, not to exceed 2 miles in total.
``(8) Construction of up to 3 miles of individual pipelines
or utilities, regardless of surface ownership.''.
SEC. 20214. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-FEDERAL SURFACE
ESTATE.
(a) Oil and Gas Permits.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is further amended by adding at the end the following:
``(v) No Federal Permit Required for Oil and Gas Activities on
Certain Land.--
``(1) In general.--The Secretary shall not require an
operator to obtain a Federal drilling permit for oil and gas
exploration and production activities conducted on non-Federal
surface estate, provided that--
``(A) the United States holds an ownership interest
of less than 50 percent of the subsurface mineral
estate to be accessed by the proposed action; and
``(B) the operator submits to the Secretary a State
permit to conduct oil and gas exploration and
production activities on the non-Federal surface
estate.
``(2) No federal action.--An oil and gas exploration and
production activity carried out under paragraph (1)--
``(A) shall not be considered a major Federal
action for the purposes of section 102(2)(C) of the
National Environmental Policy Act of 1969;
``(B) shall require no additional Federal action;
``(C) may commence 30 days after submission of the
State permit to the Secretary; and
``(D) shall not be subject to--
``(i) section 306108 of title 54, United
States Code (commonly known as the National
Historic Preservation Act of 1966); and
``(ii) section 7 of the Endangered Species
Act of 1973 (16 U.S.C. 1536).
``(3) Royalties and production accountability.--(A) Nothing
in this subsection shall affect the amount of royalties due to
the United States under this Act from the production of oil and
gas, or alter the Secretary's authority to conduct audits and
collect civil penalties pursuant to the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.).
``(B) The Secretary may conduct onsite reviews and
inspections to ensure proper accountability, measurement, and
reporting of production of Federal oil and gas, and payment of
royalties.
``(4) Exceptions.--This subsection shall not apply to
actions on Indian lands or resources managed in trust for the
benefit of Indian Tribes.
``(5) Indian land.--In this subsection, the term `Indian
land' means--
``(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria; and
``(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title
to which is held--
``(i) in trust by the United States for the
benefit of an Indian tribe or an individual
Indian;
``(ii) by an Indian tribe or an individual
Indian, subject to restriction against
alienation under laws of the United States; or
``(iii) by a dependent Indian community.''.
(b) Geothermal Permits.--The Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.) is amended by adding at the end the following:
``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL ACTIVITIES ON
CERTAIN LAND.
``(a) In General.--The Secretary shall not require an operator to
obtain a Federal drilling permit for geothermal exploration and
production activities conducted on a non-Federal surface estate,
provided that--
``(1) the United States holds an ownership interest of less
than 50 percent of the subsurface geothermal estate to be
accessed by the proposed action; and
``(2) the operator submits to the Secretary a State permit
to conduct geothermal exploration and production activities on
the non-Federal surface estate.
``(b) No Federal Action.--A geothermal exploration and production
activity carried out under paragraph (1)--
``(1) shall not be considered a major Federal action for
the purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969;
``(2) shall require no additional Federal action;
``(3) may commence 30 days after submission of the State
permit to the Secretary; and
``(4) shall not be subject to--
``(A) section 306108 of title 54, United States
Code (commonly known as the National Historic
Preservation Act of 1966); and
``(B) section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536).
``(c) Royalties and Production Accountability.--(1) Nothing in this
section shall affect the amount of royalties due to the United States
under this Act from the production of electricity using geothermal
resources (other than direct use of geothermal resources) or the
production of any byproducts.
``(2) The Secretary may conduct onsite reviews and inspections to
ensure proper accountability, measurement, and reporting of the
production described in paragraph (1), and payment of royalties.
``(d) Exceptions.--This section shall not apply to actions on
Indian lands or resources managed in trust for the benefit of Indian
Tribes.
``(e) Indian Land.--In this section, the term `Indian land' means--
``(1) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria; and
``(2) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which is
held--
``(A) in trust by the United States for the benefit
of an Indian tribe or an individual Indian;
``(B) by an Indian tribe or an individual Indian,
subject to restriction against alienation under laws of
the United States; or
``(C) by a dependent Indian community.''.
SEC. 20215. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS LEASES.
An environmental review for an oil and gas lease or permit prepared
pursuant to the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and its implementing regulations--
(1) shall apply only to areas that are within or
immediately adjacent to the lease plot or plots and that are
directly affected by the proposed action; and
(2) shall not require consideration of downstream, indirect
effects of oil and gas consumption.
SEC. 20216. EXPEDITING APPROVAL OF GATHERING LINES.
Section 11318(b)(1) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 15943(b)(1)) is amended by striking ``to be an action that
is categorically excluded (as defined in section 1508.1 of title 40,
Code of Federal Regulations (as in effect on the date of enactment of
this Act))'' and inserting ``to not be a major Federal action''.
SEC. 20217. LEASE SALE LITIGATION.
Notwithstanding any other provision of law, any oil and gas lease
sale held under section 17 of the Mineral Leasing Act (26 U.S.C. 226)
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) shall
not be vacated and activities on leases awarded in the sale shall not
be otherwise limited, delayed, or enjoined unless the court concludes
allowing development of the challenged lease will pose a risk of an
imminent and substantial environmental harm and there is no other
equitable remedy available as a matter of law. No court, in response to
an action brought pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. et seq.), may enjoin or issue any order preventing the
award of leases to a bidder in a lease sale conducted pursuant to
section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if the Department
of the Interior has previously opened bids for such leases or disclosed
the high bidder for any tract that was included in such lease sale.
SEC. 20218. LIMITATION ON CLAIMS.
(a) In General.--Notwithstanding any other provision of law, a
claim arising under Federal law seeking judicial review of a permit,
license, or approval issued by a Federal agency for a mineral project,
energy facility, or energy storage device shall be barred unless--
(1) the claim is filed within 120 days after publication of
a notice in the Federal Register announcing that the permit,
license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified
in the Federal law pursuant to which judicial review is
allowed; and
(2) the claim is filed by a party that submitted a comment
during the public comment period for such permit, license, or
approval and such comment was sufficiently detailed to put the
agency on notice of the issue upon which the party seeks
judicial review.
(b) Savings Clause.--Nothing in this section shall create a right
to judicial review or place any limit on filing a claim that a person
has violated the terms of a permit, license, or approval.
(c) Transportation Projects.--Subsection (a) shall not apply to or
supersede a claim subject to section 139(l)(1) of title 23, United
States Code.
(d) Mineral Project.--In this section, the term ``mineral project''
means a project--
(1) located on--
(A) a mining claim, millsite claim, or tunnel site
claim for any mineral;
(B) lands open to mineral entry; or
(C) a Federal mineral lease; and
(2) for the purposes of exploring for or producing
minerals.
SEC. 20219. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS TO
DRILL.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall issue a
report detailing--
(1) the approval timelines for applications for permits to
drill issued by the Bureau of Land Management from 2018 through
2022;
(2) the number of applications for permits to drill that
were not issued within 30 days of receipt of a completed
application; and
(3) the causes of delays resulting in applications for
permits to drill pending beyond the 30 day deadline required
under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C.
226(p)(2)).
(b) Recommendations.--The report issued under subsection (a) shall
include recommendations with respect to--
(1) actions the Bureau of Land Management can take to
streamline the approval process for applications for permits to
drill to approve applications for permits to drill within 30
days of receipt of a completed application;
(2) aspects of the Federal permitting process carried out
by the Bureau of Land Management to issue applications for
permits to drill that can be turned over to States to expedite
approval of applications for permits to drill; and
(3) legislative actions that Congress must take to allow
States to administer certain aspects of the Federal permitting
process described in paragraph (2).
SEC. 20220. E-NEPA.
(a) Permitting Portal Study.--The Council on Environmental Quality
shall conduct a study and submit a report to Congress within 1 year of
the enactment of this Act on the potential to create an online
permitting portal for permits that require review under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) that would--
(1) allow applicants to--
(A) submit required documents or materials for
their application in one unified portal;
(B) upload additional documents as required by the
applicable agency; and
(C) track the progress of individual applications;
(2) enhance interagency coordination in consultation by--
(A) allowing for comments in one unified portal;
(B) centralizing data necessary for reviews; and
(C) streamlining communications between other
agencies and the applicant; and
(3) boost transparency in agency decisionmaking.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $500,000 for the Council of Environmental Quality to carry
out the study directed by this section.
SEC. 20221. LIMITATIONS ON CLAIMS.
(a) In General.--Section 139(l) of title 23, United States Code, is
amended by striking ``150 days'' each place it appears and inserting
``90 days''.
(b) Conforming Amendments.--
(1) Section 330(e) of title 23, United States Code, is
amended--
(A) in paragraph (2)(A), by striking ``150 days''
and inserting ``90 days''; and
(B) in paragraph (3)(B)(i), by striking ``150
days'' and inserting ``90 days''.
(2) Section 24201(a)(4) of title 49, United States Code, is
amended by striking ``of 150 days''.
SEC. 20222. ONE FEDERAL DECISION FOR PIPELINES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60144. Efficient environmental reviews and one Federal decision
``(a) Efficient Environmental Reviews.--
``(1) In general.--The Secretary of Transportation shall
apply the project development procedures, to the greatest
extent feasible, described in section 139 of title 23 to any
pipeline project that requires the approval of the Secretary
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(2) Regulations and procedures.--In carrying out
paragraph (1), the Secretary shall incorporate into agency
regulations and procedures pertaining to pipeline projects
described in paragraph (1) aspects of such project development
procedures, or portions thereof, determined appropriate by the
Secretary in a manner consistent with this section, that
increase the efficiency of the review of pipeline projects.
``(3) Discretion.--The Secretary may choose not to
incorporate into agency regulations and procedures pertaining
to pipeline projects described in paragraph (1) such project
development procedures that could only feasibly apply to
highway projects, public transportation capital projects, and
multimodal projects.
``(4) Applicability.--Subsection (l) of section 139 of
title 23 shall apply to pipeline projects described in
paragraph (1).
``(b) Additional Categorical Exclusions.--The Secretary shall
maintain and make publicly available, including on the Internet, a
database that identifies project-specific information on the use of a
categorical exclusion on any pipeline project carried out under this
title.''.
(b) Clerical Amendment.--The analysis for chapter 601 of title 49,
United States Code, is amended by adding at the end the following:
``60144. Efficient environmental reviews and one Federal decision.''.
SEC. 20223. EXEMPTION OF CERTAIN WILDFIRE MITIGATION ACTIVITIES FROM
CERTAIN ENVIRONMENTAL REQUIREMENTS.
(a) In General.--Wildfire mitigation activities of the Secretary of
the Interior and the Secretary of Agriculture may be carried out
without regard to the provisions of law specified in subsection (b).
(b) Provisions of Law Specified.--The provisions of law specified
in this section are all Federal, State, or other laws, regulations, and
legal requirements of, deriving from, or related to the subject of, the
following laws:
(1) Section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)).
(2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(c) Wildfire Mitigation Activity.--For purposes of this section,
the term ``wildfire mitigation activity''--
(1) is an activity conducted on Federal land that is--
(A) under the administration of the Director of the
National Park System, the Director of the Bureau of
Land Management, or the Chief of the Forest Service;
and
(B) within 300 feet of any permanent or temporary
road, as measured from the center of such road; and
(2) includes forest thinning, hazardous fuel reduction,
prescribed burning, and vegetation management.
SEC. 20224. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION
AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 50 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``50''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 20225. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System lands; and
(2) the Secretary of the Interior, with respect to public
lands.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of activities
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(c) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated as being
categorically excluded under subsection (b) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(d) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (b) in accordance
with this section.
(e) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (b) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(f) Exclusion of Certain Areas.--The categorical exclusion
established under subsection (b) shall not apply to any forest
management activity conducted--
(1) in a component of the National Wilderness Preservation
System; or
(2) on National Forest System lands on which, by Act of
Congress, the removal of vegetation is restricted or
prohibited.
(g) Permanent Roads.--
(1) Prohibition on establishment.--A forest management
activity designated under subsection (c) shall not include the
establishment of a permanent road.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (c).
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (c) not later
than 3 years after the date on which the action is completed.
(h) Applicable Laws.--A forest management activity designated under
subsection (c) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
SEC. 20226. STAFFING PLANS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, each local unit of the National Park Service,
Bureau of Land Management, and Forest Service shall conduct an outreach
plan for disseminating and advertising open civil service positions
with functions relating to permitting or natural resources in their
offices. Each such plan shall include outreach to local high schools,
community colleges, institutions of higher education, and any other
relevant institutions, as determined by the Secretary of the Interior
or the Secretary of Agriculture (as the case may be).
(b) Collaboration Permitted.--Such local units of the National Park
Service, Bureau of Land Management, and Forest Service located in
reasonably close geographic areas may collaborate to produce a joint
outreach plan that meets the requirements of subsection (a).
Subtitle C--Permitting for Mining Needs
SEC. 20301. DEFINITIONS.
In this subtitle:
(1) Byproduct.--The term ``byproduct'' has the meaning
given such term in section 7002(a) of the Energy Act of 2020
(30 U.S.C. 1606(a)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Mineral.--The term ``mineral'' means any mineral of a
kind that is locatable (including, but not limited to, such
minerals located on ``lands acquired by the United States'', as
such term is defined in section 2 of the Mineral Leasing Act
for Acquired Lands) under the Act of May 10, 1872 (Chapter 152;
17 Stat. 91).
(4) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
SEC. 20302. MINERALS SUPPLY CHAIN AND RELIABILITY.
Section 40206 of the Infrastructure Investment and Jobs Act (30
U.S.C. 1607) is amended--
(1) in the section heading, by striking ``critical
minerals'' and inserting ``minerals'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Lead agency.--The term `lead agency' means the
Federal agency with primary responsibility for issuing a
mineral exploration or mine permit or lease for a mineral
project.
``(2) Mineral.--The term `mineral' has the meaning given
such term in section 20301 of the TAPP American Resources Act.
``(3) Mineral exploration or mine permit.--The term
`mineral exploration or mine permit' means--
``(A) an authorization of the Bureau of Land
Management or the Forest Service, as applicable, for
exploration for minerals that requires analysis under
the National Environmental Policy Act of 1969;
``(B) a plan of operations for a mineral project
approved by the Bureau of Land Management or the Forest
Service; or
``(C) any other Federal permit or authorization for
a mineral project.
``(4) Mineral project.--The term `mineral project' means a
project--
``(A) located on--
``(i) a mining claim, millsite claim, or
tunnel site claim for any mineral;
``(ii) lands open to mineral entry; or
``(iii) a Federal mineral lease; and
``(B) for the purposes of exploring for or
producing minerals.'';
(3) in subsection (b), by striking ``critical'' each place
such term appears;
(4) in subsection (c)--
(A) by striking ``critical mineral production on
Federal land'' and inserting ``mineral projects'';
(B) by inserting ``, and in accordance with
subsection (h)'' after ``to the maximum extent
practicable'';
(C) by striking ``shall complete the'' and
inserting ``shall complete such'';
(D) in paragraph (1), by striking ``critical
mineral-related activities on Federal land'' and
inserting ``mineral projects'';
(E) in paragraph (8), by striking the ``and'' at
the end;
(F) in paragraph (9), by striking ``procedures.''
and inserting ``procedures; and''; and
(G) by adding at the end the following:
``(10) deferring to and relying on baseline data, analyses,
and reviews performed by State agencies with jurisdiction over
the environmental or reclamation permits for the proposed
mineral project.'';
(5) in subsection (d)--
(A) by striking ``critical'' each place such term
appears; and
(B) in paragraph (3), by striking ``mineral-related
activities on Federal land'' and inserting ``mineral
projects'';
(6) in subsection (e), by striking ``critical'';
(7) in subsection (f), by striking ``critical'' each place
such term appears;
(8) in subsection (g), by striking ``critical'' each place
such term appears; and
(9) by adding at the end the following:
``(h) Other Requirements.--
``(1) Memorandum of agreement.--For purposes of maximizing
efficiency and effectiveness of the Federal permitting and
review processes described under subsection (c), the lead
agency in the Federal permitting and review processes of a
mineral project shall (in consultation with any other Federal
agency involved in such Federal permitting and review
processes, and upon request of the project applicant, an
affected State government, local government, or an Indian
Tribe, or other entity such lead agency determines appropriate)
enter into a memorandum of agreement with a project applicant
where requested by the applicant to carry out the activities
described in subsection (c).
``(2) Timelines and schedules for nepa reviews.--
``(A) Extension.--A project applicant may enter
into 1 or more agreements with a lead agency to extend
the deadlines described in subparagraphs (A) and (B) of
subsection (h)(1) of section 107 of title I of the
National Environmental Policy Act of 1969 by, with
respect to each such agreement, not more than 6 months.
``(B) Adjustment of timelines.--At the request of a
project applicant, the lead agency and any other entity
which is a signatory to a memorandum of agreement under
paragraph (1) may, by unanimous agreement, adjust--
``(i) any deadlines described in
subparagraph (A); and
``(ii) any deadlines extended under
subparagraph (B).
``(3) Effect on pending applications.--Upon a written
request by a project applicant, the requirements of this
subsection shall apply to any application for a mineral
exploration or mine permit or mineral lease that was submitted
before the date of the enactment of the TAPP American Resources
Act.''.
SEC. 20303. FEDERAL REGISTER PROCESS IMPROVEMENT.
Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 1606(f)) is
amended--
(1) in paragraph (2), by striking ``critical'' both places
such term appears; and
(2) by striking paragraph (4).
SEC. 20304. DESIGNATION OF MINING AS A COVERED SECTOR FOR FEDERAL
PERMITTING IMPROVEMENT PURPOSES.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended by inserting ``mineral production,'' before ``or any other
sector''.
SEC. 20305. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-
11 FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.
(a) In General.--Except as provided by subsection (c), an action
described in subsection (b) shall be--
(1) treated as a covered project, as defined in section
41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard
to the requirements of that section; and
(2) included in the Permitting Dashboard maintained
pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
2(b)).
(b) Actions Described.--An action described in this subsection is
an action taken by the Secretary of Defense pursuant to Presidential
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions
under section 303 of the Defense Production Act of 1950) or the
Presidential Memorandum of February 27, 2023, titled ``Presidential
Waiver of Statutory Requirements Pursuant to Section 303 of the Defense
Production Act of 1950, as amended, on Department of Defense Supply
Chains Resilience'' (88 Fed. Reg. 13015) to create, maintain, protect,
expand, or restore sustainable and responsible domestic production
capabilities through--
(1) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
(2) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
(3) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
(4) any other activity authorized under section 303(a)(1)
of the Defense Production Act of 1950 15 (50 U.S.C.
4533(a)(1)).
(c) Exception.--An action described in subsection (b) may not be
treated as a covered project or be included in the Permitting Dashboard
under subsection (a) if the project sponsor (as defined in section
41001(18) of the FAST Act (42 U.S.C. 21 4370m(18))) requests that the
action not be treated as a covered project.
SEC. 20306. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH LIMITED
SURFACE DISTURBANCE.
(a) In General.--Not later than 15 days before commencing an
exploration activity with a surface disturbance of not more than 5
acres of public lands, the operator of such exploration activity shall
submit to the Secretary concerned a complete notice of such exploration
activity.
(b) Inclusions.--Notice submitted under subsection (a) shall
include such information the Secretary concerned may require, including
the information described in section 3809.301 of title 43, Code of
Federal Regulations (or any successor regulation).
(c) Review.--Not later than 15 days after the Secretary concerned
receives notice submitted under subsection (a), the Secretary concerned
shall--
(1) review and determine completeness of the notice; and
(2) allow exploration activities to proceed if--
(A) the surface disturbance of such exploration
activities on such public lands will not exceed 5
acres;
(B) the Secretary concerned determines that the
notice is complete; and
(C) the operator provides financial assurance that
the Secretary concerned determines is adequate.
(d) Definitions.--In this section:
(1) Exploration activity.--The term ``exploration
activity''--
(A) means creating surface disturbance greater than
casual use that includes sampling, drilling, or
developing surface or underground workings to evaluate
the type, extent, quantity, or quality of mineral
values present;
(B) includes constructing drill roads and drill
pads, drilling, trenching, excavating test pits, and
conducting geotechnical tests and geophysical surveys;
and
(C) does not include activities where material is
extracted for commercial use or sale.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to lands administered by the
Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to National Forest System lands,
the Secretary of Agriculture.
SEC. 20307. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.
Section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30
U.S.C. 28f) is amended by adding at the end the following:
``(e) Security of Tenure.--
``(1) In general.--
``(A) In general.--A claimant shall have the right
to use, occupy, and conduct operations on public land,
with or without the discovery of a valuable mineral
deposit, if--
``(i) such claimant makes a timely payment
of the location fee required by section 10102
and the claim maintenance fee required by
subsection (a); or
``(ii) in the case of a claimant who
qualifies for a waiver under subsection (d),
such claimant makes a timely payment of the
location fee and complies with the required
assessment work under the general mining laws.
``(B) Operations defined.--For the purposes of this
paragraph, the term `operations' means--
``(i) any activity or work carried out in
connection with prospecting, exploration,
processing, discovery and assessment,
development, or extraction with respect to a
locatable mineral;
``(ii) the reclamation of any disturbed
areas; and
``(iii) any other reasonably incident uses,
whether on a mining claim or not, including the
construction and maintenance of facilities,
roads, transmission lines, pipelines, and any
other necessary infrastructure or means of
access on public land for support facilities.
``(2) Fulfillment of federal land policy and management
act.--A claimant that fulfills the requirements of this section
and section 10102 shall be deemed to satisfy the requirements
of any provision of the Federal Land Policy and Management Act
that requires the payment of fair market value to the United
States for use of public lands and resources relating to use of
such lands and resources authorized by the general mining laws.
``(3) Savings clause.--Nothing in this subsection may be
construed to diminish the rights of entry, use, and occupancy,
or any other right, of a claimant under the general mining
laws.''.
SEC. 20308. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL MINERAL.
(a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act of 2020
(30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as follows:
``(i) oil, oil shale, coal, or natural
gas;''.
(b) Update.--Not later than 60 days after the date of the enactment
of this section, the Secretary, acting through the Director of the
United States Geological Survey, shall publish in the Federal Register
an update to the final list established in section 7002(c)(3) of the
Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with subsection
(a) of this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Director
of the United States Geological Survey, in consultation with the
Secretary of Energy, shall submit to the appropriate committees of
Congress a report that includes the following:
(1) The current status of uranium deposits in the United
States with respect to the amount and quality of uranium
contained in such deposits.
(2) A comparison of the United States to the rest of the
world with respect to the amount and quality of uranium
contained in uranium deposits.
(3) Policy considerations, including potential challenges,
of utilizing the uranium from the deposits described in
paragraph (1).
SEC. 20309. BARRING FOREIGN BAD ACTORS FROM OPERATING ON FEDERAL LANDS.
A mining claimant shall be barred from the right to use, occupy,
and conduct operations on Federal land if the Secretary of the Interior
finds the claimant has a foreign parent company that has (including
through a subsidiary)--
(1) a known record of human rights violations; or
(2) knowingly operated an illegal mine in another country.
SEC. 20310. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION,
RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.
(a) Definition of Covered Project.--Section 41001(6)(A) of the FAST
Act (42 U.S.C. 4370m(6)(A)) is amended--
(1) in clause (iii)(III), by striking ``; or'' and
inserting ``;'';
(2) in clause (iv)(II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(v) is related to the extraction,
recovery, or processing from coal, coal waste,
coal processing waste, pre-or post-combustion
coal byproducts, or acid mine drainage from
coal mines of--
``(I) critical minerals (as such
term is defined in section 7002 of the
Energy Act of 2020);
``(II) rare earth elements; or
``(III) microfine carbon or carbon
from coal.''.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall submit to the Committees
on Energy and Natural Resources and Commerce, Science, and
Transportation of the Senate and the Committees on Transportation and
Infrastructure, Natural Resources, and Energy and Commerce of the House
of Representatives a report evaluating the timeliness of implementation
of reforms of the permitting process required as a result of the
amendments made by this section on the following:
(1) The economic and national security of the United
States.
(2) Domestic production and supply of critical minerals,
rare earths, and microfine carbon or carbon from coal.
SEC. 20311. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY CHAINS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Geological Survey, in
consultation with the Secretaries of Defense, Energy, and State,
shall--
(1) identify mineral commodities that--
(A) serve a critical purpose to the national
security of the United States, including with respect
to military, defense, and strategic mobility
applications; and
(B) are at highest risk of supply chain disruption
due to the domestic or global actions of any covered
entity, including price-fixing, systemic acquisition
and control of global mineral resources and processing,
refining, and smelting capacity, and undercutting the
fair market value of such resources; and
(2) develop a national strategy for bolstering supply
chains in the United States for the mineral commodities
identified under paragraph (1), including through the enactment
of new national policies and the utilization of current
authorities, to increase capacity and efficiency of domestic
mining, refining, processing, and manufacturing of such mineral
commodities.
(b) Covered Entity.--In this section, the term ``covered entity''
means an entity that--
(1) is subject to the jurisdiction or direction of the
People's Republic of China;
(2) is directly or indirectly operating on behalf of the
People's Republic of China; or
(3) is owned by, directly or indirectly controlled by, or
otherwise subject to the influence of the People's Republic of
China.
Subtitle D--Federal Land Use Planning
SEC. 20401. FEDERAL LAND USE PLANNING AND WITHDRAWALS.
(a) Resource Assessments Required.--Federal lands and waters may
not be withdrawn from entry under the mining laws or operation of the
mineral leasing and mineral materials laws unless--
(1) a quantitative and qualitative geophysical and
geological mineral resource assessment of the impacted area has
been completed during the 10-year period ending on the date of
such withdrawal;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment;
(3) the Secretary conducts an assessment of the reduction
in future Federal revenues to the Treasury, States, the Land
and Water Conservation Fund, the Historic Preservation Fund,
and the National Parks and Public Land Legacy Restoration Fund
resulting from the proposed mineral withdrawal;
(4) the Secretary, in consultation with the Secretary of
Defense, conducts an assessment of military readiness and
training activities in the proposed withdrawal area; and
(5) the Secretary submits a report to the Committees on
Natural Resources, Agriculture, Energy and Commerce, and
Foreign Affairs of the House of Representatives and the
Committees on Energy and Natural Resources, Agriculture, and
Foreign Affairs of the Senate, that includes the results of the
assessments completed pursuant to this subsection.
(b) Land Use Plans.--Before a resource management plan under the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
or a forest management plan under the National Forest Management Act is
updated or completed, the Secretary or Secretary of Agriculture, as
applicable, in consultation with the Director of the United States
Geological Survey, shall--
(1) review any quantitative and qualitative mineral
resource assessment that was completed or updated during the
10-year period ending on the date that the applicable land
management agency publishes a notice to prepare, revise, or
amend a land use plan by the Director of the United States
Geological Survey for the geographic area affected by the
applicable management plan;
(2) the Secretary, in consultation with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, conducts an assessment of the economic, energy,
strategic, and national security value of mineral deposits
identified in such mineral resource assessment; and
(3) submit a report to the Committees on Natural Resources,
Agriculture, Energy and Commerce, and Foreign Affairs of the
House of Representatives and the Committees on Energy and
Natural Resources, Agriculture, and Foreign Affairs of the
Senate, that includes the results of the assessment completed
pursuant to this subsection.
(c) New Information.--The Secretary shall provide recommendations
to the President on appropriate measures to reduce unnecessary impacts
that a withdrawal of Federal lands or waters from entry under the
mining laws or operation of the mineral leasing and mineral materials
laws may have on mineral exploration, development, and other mineral
activities (including authorizing exploration and development of such
mineral deposits) not later than 180 days after the Secretary has
notice that a resource assessment completed by the Director of the
United States Geological Survey, in coordination with the State
geological surveys, determines that a previously undiscovered mineral
deposit may be present in an area that has been withdrawn from entry
under the mining laws or operation of the mineral leasing and mineral
materials laws pursuant to--
(1) section 204 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714); or
(2) chapter 3203 of title 54, United States Code.
SEC. 20402. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF CERTAIN
FEDERAL LAND.
(a) Prohibitions.--Notwithstanding any other provision of law, the
President shall not carry out any action that would pause, restrict, or
delay the process for or issuance of any of the following on Federal
land, unless such lands are withdrawn from disposition under the
mineral leasing laws, including by administrative withdrawal:
(1) New oil and gas lease sales, oil and gas leases, drill
permits, or associated approvals or authorizations of any kind
associated with oil and gas leases.
(2) New coal leases (including leases by application in
process, renewals, modifications, or expansions of existing
leases), permits, approvals, or authorizations.
(3) New leases, claims, permits, approvals, or
authorizations for development or exploration of minerals.
(b) Prohibition on Rescission of Leases, Permits, or Claims.--The
President, the Secretary, or Secretary of Agriculture as applicable,
may not rescind any existing lease, permit, or claim for the extraction
and production of any mineral under the mining laws or mineral leasing
and mineral materials laws on National Forest System land or land under
the jurisdiction of the Bureau of Land Management, unless specifically
authorized by Federal statute, or upon the lessee, permittee, or
claimant's failure to comply with any of the provisions of the
applicable lease, permit, or claim.
(c) Mineral Defined.--In subsection (a)(3), the term ``mineral''
means any mineral of a kind that is locatable (including such minerals
located on ``lands acquired by the United States'', as such term is
defined in section 2 of the Mineral Leasing Act for Acquired Lands)
under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91).
SEC. 20403. DEFINITIONS.
In this subtitle:
(1) Federal land.--The term ``Federal land'' means--
(A) National Forest System land;
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(C) the outer Continental Shelf (as defined in
section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331)); and
(D) land managed by the Secretary of Energy.
(2) President.--The term ``President'' means--
(A) the President; and
(B) any designee of the President, including--
(i) the Secretary of Agriculture;
(ii) the Secretary of Commerce;
(iii) the Secretary of Energy; and
(iv) the Secretary of the Interior.
(3) Previously undiscovered deposit.--The term ``previously
undiscovered mineral deposit'' means--
(A) a mineral deposit that has been previously
evaluated by the United States Geological Survey and
found to be of low mineral potential, but upon
subsequent evaluation is determined by the United
States Geological Survey to have significant mineral
potential; or
(B) a mineral deposit that has not previously been
evaluated by the United States Geological Survey.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Subtitle E--Ensuring Competitiveness on Federal Lands
SEC. 20501. INCENTIVIZING DOMESTIC PRODUCTION.
(a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended--
(1) in subparagraph (A), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(2) in subparagraph (C), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' each place it appears and inserting ``not less
than 12.5 percent'';
(3) in subparagraph (F), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''; and
(4) in subparagraph (H), by striking ``not less than 16\2/
3\ percent, but not more than 18\3/4\ percent, during the 10-
year period beginning on the date of enactment of the Act
titled `An Act to provide for reconciliation pursuant to title
II of S. Con. Res. 14', and not less than 16\2/3\ percent
thereafter,'' and inserting ``not less than 12.5 percent''.
(b) Mineral Leasing Act.--
(1) Onshore oil and gas royalty rates.--
(A) Lease of oil and gas land.--Section 17 of the
Mineral Leasing Act (30 U.S.C. 226) is amended--
(i) in subsection (b)(1)(A)--
(I) by striking ``not less than
16\2/3\'' and inserting ``not less than
12.5''; and
(II) by striking ``or, in the case
of a lease issued during the 10-year
period beginning on the date of
enactment of the Act titled `An Act to
provide for reconciliation pursuant to
title II of S. Con. Res. 14', 16\2/3\
percent in amount or value of the
production removed or sold from the
lease''; and
(ii) by striking ``16\2/3\ percent'' each
place it appears and inserting ``12.5
percent''.
(B) Conditions for reinstatement.--Section 31(e)(3)
of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is
amended by striking ``20'' inserting ``16\2/3\''.
(2) Oil and gas minimum bid.--Section 17(b) of the Mineral
Leasing Act (30 U.S.C. 226(b)) is amended--
(A) in paragraph (1)(B), by striking ``$10 per acre
during the 10-year period beginning on the date of
enactment of the Act titled `An Act to provide for
reconciliation pursuant to title II of S. Con. Res.
14'.'' and inserting ``$2 per acre for a period of 2
years from the date of the enactment of the Federal
Onshore Oil and Gas Leasing Reform Act of 1987.''; and
(B) in paragraph (2)(C), by striking ``$10 per
acre'' and inserting ``$2 per acre''.
(3) Fossil fuel rental rates.--Section 17(d) of the Mineral
Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
``(d) All leases issued under this section, as amended by the
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be
conditioned upon payment by the lessee of a rental of not less than
$1.50 per acre per year for the first through fifth years of the lease
and not less than $2 per acre per year for each year thereafter. A
minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year shall be payable at the
expiration of each lease year beginning on or after a discovery of oil
or gas in paying quantities on the lands leased.''.
(4) Expression of interest fee.--Section 17 of the Mineral
Leasing Act (30 U.S.C. 226) is further amended by repealing
subsection (q).
(5) Elimination of noncompetitive leasing.--Section 17 of
the Mineral Leasing Act (30 U.S.C. 226) is further amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the first sentence, by
striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
and
(II) by adding at the end ``Lands
for which no bids are received or for
which the highest bid is less than the
national minimum acceptable bid shall
be offered promptly within 30 days for
leasing under subsection (c) of this
section and shall remain available for
leasing for a period of 2 years after
the competitive lease sale.''; and
(ii) by adding at the end the following:
``(3)(A) If the United States held a vested future interest
in a mineral estate that, immediately prior to becoming a
vested present interest, was subject to a lease under which oil
or gas was being produced, or had a well capable of producing,
in paying quantities at an annual average production volume per
well per day of either not more than 15 barrels per day of oil
or condensate, or not more than 60,000 cubic feet of gas, the
holder of the lease may elect to continue the lease as a
noncompetitive lease under subsection (c)(1).
``(B) An election under this paragraph is effective--
``(i) in the case of an interest which vested after
January 1, 1990, and on or before October 24, 1992, if
the election is made before the date that is 1 year
after October 24, 1992;
``(ii) in the case of an interest which vests
within 1 year after October 24, 1992, if the election
is made before the date that is 2 years after October
24, 1992; and
``(iii) in any case other than those described in
clause (i) or (ii), if the election is made prior to
the interest becoming a vested present interest.'';
(B) by striking subsection (c) and inserting the
following:
``(c) Lands Subject to Leasing Under Subsection (b); First
Qualified Applicant.--
``(1) If the lands to be leased are not leased under
subsection (b)(1) of this section or are not subject to
competitive leasing under subsection (b)(2) of this section,
the person first making application for the lease who is
qualified to hold a lease under this chapter shall be entitled
to a lease of such lands without competitive bidding, upon
payment of a non-refundable application fee of at least $75. A
lease under this subsection shall be conditioned upon the
payment of a royalty at a rate of 12.5 percent in amount or
value of the production removed or sold from the lease. Leases
shall be issued within 60 days of the date on which the
Secretary identifies the first responsible qualified applicant.
``(2)(A) Lands (i) which were posted for sale under
subsection (b)(1) of this section but for which no bids were
received or for which the highest bid was less than the
national minimum acceptable bid and (ii) for which, at the end
of the period referred to in subsection (b)(1) of this section
no lease has been issued and no lease application is pending
under paragraph (1) of this subsection, shall again be
available for leasing only in accordance with subsection (b)(1)
of this section.
``(B) The land in any lease which is issued under paragraph
(1) of this subsection or under subsection (b)(1) of this
section which lease terminates, expires, is cancelled or is
relinquished shall again be available for leasing only in
accordance with subsection (b)(1) of this section.''; and
(C) by striking subsection (e) and inserting the
following:
``(e) Primary Term.--Competitive and noncompetitive leases issued
under this section shall be for a primary term of 10 years: Provided,
however, That competitive leases issued in special tar sand areas shall
also be for a primary term of 10 years. Each such lease shall continue
so long after its primary term as oil or gas is produced in paying
quantities. Any lease issued under this section for land on which, or
for which under an approved cooperative or unit plan of development or
operation, actual drilling operations were commenced prior to the end
of its primary term and are being diligently prosecuted at that time
shall be extended for two years and so long thereafter as oil or gas is
produced in paying quantities.''.
(6) Conforming amendments.--Section 31 of the Mineral
Leasing Act (30 U.S.C. 188) is amended--
(A) in subsection (d)(1), by striking ``section
17(b)'' and inserting ``subsection (b) or (c) of
section 17 of this Act'';
(B) in subsection (e)--
(i) in paragraph (2)--
(I) insert ``either'' after
``rentals and''; and
(II) insert ``or the inclusion in a
reinstated lease issued pursuant to the
provisions of section 17(c) of this Act
of a requirement that future rentals
shall be at a rate not less than $5 per
acre per year, all'' before ``as
determined by the Secretary''; and
(ii) by amending paragraph (3) to read as
follows:
``(3)(A) payment of back royalties and the inclusion in a
reinstated lease issued pursuant to the provisions of section
17(b) of this Act of a requirement for future royalties at a
rate of not less than 16\2/3\ percent computed on a sliding
scale based upon the average production per well per day, at a
rate which shall be not less than 4 percentage points greater
than the competitive royalty schedule then in force and used
for royalty determination for competitive leases issued
pursuant to such section as determined by the Secretary:
Provided, That royalty on such reinstated lease shall be paid
on all production removed or sold from such lease subsequent to
the termination of the original lease;
``(B) payment of back royalties and inclusion in a
reinstated lease issued pursuant to the provisions of section
17(c) of this Act of a requirement for future royalties at a
rate not less than 16\2/3\ percent: Provided, That royalty on
such reinstated lease shall be paid on all production removed
or sold from such lease subsequent to the cancellation or
termination of the original lease; and'';
(C) in subsection (f)--
(i) in paragraph (1), strike ``in the same
manner as the original lease issued pursuant to
section 17'' and insert ``as a competitive or a
noncompetitive oil and gas lease in the same
manner as the original lease issued pursuant to
subsection (b) or (c) of section 17 of this
Act'';
(ii) by redesignating paragraphs (2) and
(3) as paragraph (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) Except as otherwise provided in this section, the
issuance of a lease in lieu of an abandoned patented oil placer
mining claim shall be treated as a noncompetitive oil and gas
lease issued pursuant to section 17(c) of this Act.'';
(D) in subsection (g), by striking ``subsection
(d)'' and inserting ``subsections (d) and (f)'';
(E) by amending subsection (h) to read as follows:
``(h) Royalty Reductions.--
``(1) In acting on a petition to issue a noncompetitive oil
and gas lease, under subsection (f) of this section or in
response to a request filed after issuance of such a lease, or
both, the Secretary is authorized to reduce the royalty on such
lease if in his judgment it is equitable to do so or the
circumstances warrant such relief due to uneconomic or other
circumstances which could cause undue hardship or premature
termination of production.
``(2) In acting on a petition for reinstatement pursuant to
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is authorized
to reduce the royalty in that reinstated lease on the entire
leasehold or any tract or portion thereof segregated for
royalty purposes if, in his judgment, there are uneconomic or
other circumstances which could cause undue hardship or
premature termination of production; or because of any written
action of the United States, its agents or employees, which
preceded, and was a major consideration in, the lessee's
expenditure of funds to develop the property under the lease
after the rent had become due and had not been paid; or if in
the judgment of the Secretary it is equitable to do so for any
reason.'';
(F) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively; and
(G) by inserting after subsection (e) the
following:
``(f) Issuance of Noncompetitive Oil and Gas Lease; Conditions.--
Where an unpatented oil placer mining claim validly located prior to
February 24, 1920, which has been or is currently producing or is
capable of producing oil or gas, has been or is hereafter deemed
conclusively abandoned for failure to file timely the required
instruments or copies of instruments required by section 1744 of title
43, and it is shown to the satisfaction of the Secretary that such
failure was inadvertent, justifiable, or not due to lack of reasonable
diligence on the part of the owner, the Secretary may issue, for the
lands covered by the abandoned unpatented oil placer mining claim, a
noncompetitive oil and gas lease, consistent with the provisions of
section 17(e) of this Act, to be effective from the statutory date the
claim was deemed conclusively abandoned. Issuance of such a lease shall
be conditioned upon:
``(1) a petition for issuance of a noncompetitive oil and
gas lease, together with the required rental and royalty,
including back rental and royalty accruing from the statutory
date of abandonment of the oil placer mining claim, being filed
with the Secretary- (A) with respect to any claim deemed
conclusively abandoned on or before January 12, 1983, on or
before the one hundred and twentieth day after January 12,
1983, or (B) with respect to any claim deemed conclusively
abandoned after January 12, 1983, on or before the one hundred
and twentieth day after final notification by the Secretary or
a court of competent jurisdiction of the determination of the
abandonment of the oil placer mining claim;
``(2) a valid lease not having been issued affecting any of
the lands covered by the abandoned oil placer mining claim
prior to the filing of such petition: Provided, however, That
after the filing of a petition for issuance of a lease under
this subsection, the Secretary shall not issue any new lease
affecting any of the lands covered by such abandoned oil placer
mining claim for a reasonable period, as determined in
accordance with regulations issued by him;
``(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date of
abandonment of the oil placer mining claim, of not less than $5
per acre per year;
``(4) a requirement in the lease for payment of royalty on
production removed or sold from the oil placer mining claim,
including all royalty on production made subsequent to the
statutory date the claim was deemed conclusively abandoned, of
not less than 12\1/2\ percent; and
``(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to
the petition covering the conversion of an abandoned unpatented
oil placer mining claim to a noncompetitive oil and gas
lease.''.
Subtitle F--Energy Revenue Sharing
SEC. 20601. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.
(a) Distribution of Outer Continental Shelf Revenue to Gulf
Producing States.--Section 105 of the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``50'' and
inserting ``37.5''; and
(B) in paragraph (2)--
(i) by striking ``50'' and inserting
``62.5'';
(ii) in subparagraph (A), by striking
``75'' and inserting ``80''; and
(iii) in subparagraph (B), by striking
``25'' and inserting ``20''; and
(2) by striking subsection (f) and inserting the following:
``(f) Treatment of Amounts.--Amounts disbursed to a Gulf producing
State under this section shall be treated as revenue sharing and not as
a Federal award or grant for the purposes of part 200 of title 2, Code
of Federal Regulations.''.
(b) Exemption of Certain Payments From Sequestration.--
(1) 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 section 105(a)(2)(A) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
(2) Applicability.--The amendment made by this subsection
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.
SEC. 20602. PARITY IN OFFSHORE WIND REVENUE SHARING.
(a) Payments and Revenues.--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 for 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 for offshore wind
projects in certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) 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 that is not wholly or partially
located within an area subject to
subparagraph (B).
``(II) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 miles of the geographic
center of a covered offshore wind
project.
``(III) Qualified outer continental
shelf revenues.--The term `qualified
outer Continental Shelf revenues' means
all royalties, fees, rentals, bonuses,
or other payments from covered offshore
wind projects carried out pursuant to
this subsection on or after the date of
enactment of this subparagraph.
``(ii) Requirement.--
``(I) In general.--The Secretary of
the Treasury shall deposit--
``(aa) 12.5 percent of
qualified outer Continental
Shelf revenues in the general
fund of the Treasury;
``(bb) 37.5 percent of
qualified outer Continental
Shelf revenues in the North
American Wetlands Conservation
Fund; and
``(cc) 50 percent of
qualified outer Continental
Shelf revenues in a special
account in the Treasury from
which the Secretary shall
disburse to each eligible State
an amount determined pursuant
to subclause (II).
``(II) Allocation.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year beginning after the date
of enactment of this
subparagraph, the amount made
available under subclause
(I)(cc) shall be allocated to
each eligible State in amounts
(based on a formula established
by the Secretary by regulation)
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 subclause
(I)(cc).
``(cc) Payments to coastal
political subdivisions.--
``(AA) In
general.--The Secretary
shall pay 20 percent of
the allocable share of
each eligible State, as
determined pursuant to
item (aa), to the
coastal political
subdivisions of the
eligible State.
``(BB)
Allocation.--The amount
paid by the Secretary
to coastal political
subdivisions under
subitem (AA) shall be
allocated to each
coastal political
subdivision in
accordance with
subparagraphs (B) and
(C) of section 31(b)(4)
of this Act.
``(iii) Timing.--The amounts required to be
deposited under subclause (I) of clause (ii)
for the applicable fiscal year shall be made
available in accordance with such subclause
during the fiscal year immediately following
the applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State
shall use all amounts received under
clause (ii)(II) in accordance with all
applicable Federal and State laws, only
for 1 or more of the following
purposes:
``(aa) Projects and
activities for the purposes of
coastal protection and
resiliency, including
conservation, coastal
restoration, estuary
management, beach nourishment,
hurricane and flood protection,
and infrastructure directly
affected by coastal wetland
losses.
``(bb) Mitigation of damage
to fish, wildlife, or natural
resources, including through
fisheries science and research.
``(cc) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan.
``(dd) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(ee) Planning assistance
and the administrative costs of
complying with this section.
``(ff) Infrastructure
improvements at ports,
including modifications to
Federal navigation channels, to
support installation of
offshore wind energy projects.
``(II) Limitation.--Of the amounts
received by an eligible State under
clause (ii)(II), not more than 3
percent shall be used for the purposes
described in subclause (I)(ee).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under items
(aa) and (cc) of clause (ii)(I) 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
Act.
``(vi) Reporting requirement.--
``(I) In general.--Not later than
180 days after the end of each fiscal
year, the Governor of each eligible
State that receives amounts under
clause (ii)(II) for the applicable
fiscal year shall submit to the
Secretary a report that describes the
use of the amounts by the eligible
State during the period covered by the
report.
``(II) Public availability.--On
receipt of a report submitted 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 amounts under clause (ii)(II)
fails to submit the report required
under subclause (I) by the deadline
specified in that subclause, any
amounts that would otherwise be
provided to the eligible State under
clause (ii)(II) for the succeeding
fiscal year shall be deposited in the
Treasury.
``(vii) Treatment of amounts.--Amounts
disbursed to an eligible State under this
subsection shall be treated as revenue sharing
and not as a Federal award or grant for the
purposes of part 200 of title 2, Code of
Federal Regulations.''.
(b) Wind Lease Sales for Areas of the Outer Continental Shelf
Offshore of Territories of the United States.--Section 33 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356c) is amended by adding at
the end the following:
``(b) Wind Lease Sale Procedure.--Any wind lease granted pursuant
to this section shall be considered a wind lease granted under section
8(p), including for purposes of the disposition of revenues pursuant to
subparagraphs (B) and (C) of section 8(p)(2).''.
(c) Exemption of Certain Payments From Sequestration.--
(1) 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)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(2) Applicability.--The amendment made by this subsection
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.
SEC. 20603. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING
ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to
the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all'' and inserting ``All'';
and
(B) in the second sentence, by striking ``of the
Act of February 25, 1920 (41 Stat. 450; 30 U.S.C.
191),'' and inserting ``of the Mineral Leasing Act (30
U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions of
subsection (b) of section 35 of the Mineral Leasing Act (30
U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting
``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this
Section'' and inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth
sentences.
SEC. 20604. SUNSET.
This subtitle, and the amendments made by this subtitle, shall
cease to have effect on September 30, 2032, and on such date the
provisions of law amended by this subtitle shall be restored or revived
as if this subtitle had not been enacted.
TITLE III--WATER QUALITY CERTIFICATION AND ENERGY PROJECT IMPROVEMENT
SEC. 30001. SHORT TITLE.
This title may be cited as the ``Water Quality Certification and
Energy Project Improvement Act of 2023''.
SEC. 30002. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``may result'' and inserting ``may directly
result'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on'' and inserting ``grant or deny''; and
(v) by inserting after the fourth sentence
the following: ``Not later than 30 days after
the date of enactment of the Water Quality
Certification and Energy Project Improvement
Act of 2023, each State and interstate agency
that has authority to give such a
certification, and the Administrator, shall
publish requirements for certification to
demonstrate to such State, such interstate
agency, or the Administrator, as the case may
be, compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307. A
decision to grant or deny a request for
certification shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for the
decision shall be set forth in writing and
provided to the applicant. Not later than 90
days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall
identify in writing all specific additional
materials or information that are necessary to
grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence, by striking
``any water quality requirement'' and inserting
``any applicable provision of section 301, 302,
303, 306, or 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure''; and
(v) by striking the first sentence and
inserting ``On receipt of a request for
certification, the certifying State or
interstate agency, as applicable, shall
immediately notify the Administrator of the
request.'';
(C) in paragraph (3), in the second sentence, by
striking ``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``applicable effluent limitations or other
limitations or other applicable water quality
requirements will not be violated'' and
inserting ``no applicable provision of section
301, 302, 303, 306, or 307 will be violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and'' and inserting ``the applicable provisions
of sections 301, 302, 303, 306, and 307, and any such
limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations, under section 301 or 302, standard
of performance under section 306, prohibition, effluent standard, or
pretreatment standard under section 307, and requirement of State law
implementing water quality criteria under section 303 necessary to
support the designated use or uses of the receiving navigable
waters.''.
SEC. 30003. FEDERAL GENERAL PERMITS.
Section 402(a) of the Federal Water Pollution Control Act (33
U.S.C. 1342(a)) is amended by adding at the end the following:
``(6)(A) The Administrator is authorized to issue general permits
under this section for discharges of similar types from similar
sources.
``(B) The Administrator may require submission of a notice of
intent to be covered under a general permit issued under this section,
including additional information that the Administrator determines
necessary.
``(C) If a general permit issued under this section will expire and
the Administrator decides not to issue a new general permit for
discharges similar to those covered by the expiring general permit, the
Administrator shall publish in the Federal Register a notice of such
decision at least two years prior to the expiration of the general
permit.
``(D) If a general permit issued under this section expires and the
Administrator has not published a notice in accordance with
subparagraph (C), until such time as the Administrator issues a new
general permit for discharges similar to those covered by the expired
general permit, the Administrator shall--
``(i) continue to apply the terms, conditions, and
requirements of the expired general permit to any discharge
that was covered by the expired general permit; and
``(ii) apply such terms, conditions, and requirements to
any discharge that would have been covered by the expired
general permit (in accordance with any relevant requirements
for such coverage) if the discharge had occurred before such
expiration.''.
DIVISION E--INCREASE IN DEBT LIMIT
SEC. 40001. LIMITED SUSPENSION OF DEBT CEILING.
(a) Suspension.--Section 3101(b) of title 31, United States Code,
shall not apply during the period beginning on the date of the
enactment of this Act and ending on the applicable date.
(b) Dollar Limitation on Suspension.--Subsection (a) shall not
apply to the extent that the application of such subsection would
result in the face amount of obligations subject to limitation under
section 3101(b) of title 31, United States Code, to exceed the sum of--
(1) the dollar limitation in effect under such section on
the date of the enactment of this Act, increased by
(2) $1,500,000,000,000.
(c) Applicable Date.--For purposes of this section, the term
``applicable date'' means the earlier of--
(1) March 31, 2024, or
(2) the first date on which subsection (a) does not apply
by reason of subsection (b).
(d) Special Rule Relating to Obligations Issued During Suspension
Period.--Effective as of the close of the applicable date, the dollar
limitation in section 3101(b) of title 31, United States Code, is
increased to the extent that--
(1) the face amount of obligations subject to limitation
under such section outstanding as of the close of the
applicable date, exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
An obligation shall not be taken into account under paragraph (1)
unless the issuance of such obligation was necessary to fund a
commitment incurred by the Federal Government that required payment on
or before the applicable date.
<all>
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118HR2812 | Middle Market IPO Underwriting Cost Act | [
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"L000599",
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] | <p><strong>Middle Market IPO Underwriting Cost Act </strong></p> <p>This bill requires the Securities and Exchange Commission to study and report on the costs encountered by small- and medium-sized companies when undertaking initial public offerings and certain offerings exempt from securities registration requirements. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2812 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2812
To require the Securities and Exchange Commission to carry out a study
of the costs associated with small- and medium-sized companies to
undertake initial public offerings.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Himes introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Securities and Exchange Commission to carry out a study
of the costs associated with small- and medium-sized companies to
undertake initial public offerings.
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 ``Middle Market IPO Underwriting Cost
Act''.
SEC. 2. STUDY ON IPO FEES.
(a) Study.--The Securities and Exchange Commission, in consultation
with the Financial Industry Regulatory Authority, shall carry out a
study of the costs associated with small- and medium-sized companies to
undertake initial public offerings (``IPOs''). In carrying out such
study, the Commission shall--
(1) consider the direct and indirect costs of an IPO,
including--
(A) fees, such as gross spreads paid to
underwriters, IPO advisors, and other professionals;
(B) compliance with Federal and State securities
laws at the time of the IPO; and
(C) such other IPO-related costs as the Commission
determines appropriate;
(2) compare and analyze the costs of an IPO with the costs
of obtaining alternative sources of financing and of liquidity;
(3) consider the impact of such costs on capital formation;
(4) analyze the impact of these costs on the availability
of public securities of small- and medium-sized companies to
retail investors; and
(5) analyze trends in IPOs over a time period the
Commission determines is appropriate to analyze IPO pricing
practices, considering--
(A) the number of IPOs;
(B) how costs for IPOs have evolved over time,
including fees paid to underwriters, investment
advisory firms, and other professions for services in
connection with an IPO;
(C) the number of brokers and dealers active in
underwriting IPOs;
(D) the different types of services that
underwriters and related persons provide before and
after a small- or medium-sized company IPO and the
factors impacting underwriting costs;
(E) changes in the costs and availability of
investment research for small- and medium-sized
companies; and
(F) any other consideration the Commission
considers necessary and appropriate.
(b) Report.--Not later than the end of the 360-day period beginning
on the date of the enactment of this Act, the Commission shall issue a
report to the Congress containing all findings and determinations made
in carrying out the study required under subsection (a) and any
administrative or legislative recommendations the Commission may have.
<all>
</pre></body></html>
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118HR2813 | Self-Insurance Protection Act | [
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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. 2813 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2813
To amend the Employee Retirement Income Security Act of 1974, the
Public Health Service Act, and the Internal Revenue Code of 1986 to
exclude from the definition of health insurance coverage certain
medical stop-loss insurance obtained by certain plan sponsors of group
health plans, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Good of Virginia (for himself and Mr. Walberg) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on Energy and
Commerce, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974, the
Public Health Service Act, and the Internal Revenue Code of 1986 to
exclude from the definition of health insurance coverage certain
medical stop-loss insurance obtained by certain plan sponsors of group
health plans, 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 ``Self-Insurance Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small and large employers offer health benefit plan
coverage to employees in self-funded arrangements using company
assets or a fund, or by paying premiums to purchase fully-
insured coverage from a health insurance company.
(2) Employers that self-fund health benefit plans will
often purchase stop-loss insurance as a financial risk
management tool to protect against excess or unexpected
catastrophic health plan claims losses that arise above
projected costs paid out of company assets.
(3) Stop-loss coverage insures the employer sponsoring the
health benefit plan against unforeseen health plan claims, does
not insure the employee health benefit plan itself, and does
not pay health care providers for medical services provided to
the employees.
(4) Employer-sponsored health benefit plans are regulated
under the Employee Retirement Income Security Act of 1974,
however, States regulate the availability and the coverage
terms of stop-loss insurance coverage that employers purchase
to protect company assets and to protect a fund against excess
or unexpected claims losses.
(5) Both large and small employers that choose to self-fund
must also be able to protect company assets or a fund against
excess or unexpected claims losses and States must reasonably
regulate stop-loss insurance to assure its availability to both
large and small employers.
SEC. 3. CERTAIN MEDICAL STOP-LOSS INSURANCE OBTAINED BY CERTAIN PLAN
SPONSORS OF GROUP HEALTH PLANS NOT INCLUDED UNDER THE
DEFINITION OF HEALTH INSURANCE COVERAGE.
(a) ERISA.--Section 733(b)(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)(1)) is amended by adding at
the end the following sentence: ``Such term shall not include a stop-
loss policy obtained by a self-funded health plan or a plan sponsor of
a group health plan that self-funds the health risks of its plan
participants to reimburse the plan or sponsor for losses that the plan
or sponsor incurs in providing health or medical benefits to such plan
participants in excess of a predetermined level set forth in the stop-
loss policy obtained by such plan or sponsor.''.
(b) PHSA.--Section 2791(b)(1) of the Public Health Service Act (42
U.S.C. 300gg-91(b)(1)) is amended by adding at the end the following
new sentence: ``Such term shall not include a stop-loss policy obtained
by a self-funded health plan or a plan sponsor of a group health plan
that self-funds the health risks of its plan participants to reimburse
the plan or sponsor for losses that the plan or sponsor incurs in
providing health or medical benefits to such plan participants in
excess of a predetermined level set forth in the stop-loss policy
obtained by such plan or sponsor.''.
(c) IRC.--Section 9832(b)(1)(A) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``Such
term shall not include a stop-loss policy obtained by a self-funded
health plan or a plan sponsor of a group health plan that self-funds
the health risks of its plan participants to reimburse the plan or
sponsor for losses that the plan or sponsor incurs in providing health
or medical benefits to such plan participants in excess of a
predetermined level set forth in the stop-loss policy obtained by such
plan or sponsor.''.
SEC. 4. EFFECT ON OTHER LAWS.
Section 514(b) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following:
``(10) The provisions of this title (including part 7 relating to
group health plans) shall preempt State laws insofar as they may now or
hereafter prevent an employee benefit plan that is a group health plan
from insuring against the risk of excess or unexpected health plan
claims losses.''.
<all>
</pre></body></html>
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118HR2814 | PRIME Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2814 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2814
To amend the Federal Meat Inspection Act to exempt from inspection the
slaughter of animals and the preparation of carcasses conducted at a
custom slaughter facility, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Massie (for himself, Mr. Biggs, Mr. Bishop of North Carolina, Mr.
Burchett, Mrs. Boebert, Mr. Cloud, Mr. Davidson, Mr. Duncan, Mr. Gaetz,
Mr. Golden of Maine, Mr. Gosar, Mr. Green of Tennessee, Ms. Greene of
Georgia, Ms. Hageman, Mr. Huffman, Ms. Leger Fernandez, Ms. Mace, Ms.
Pingree, Mr. Rosendale, Mr. Roy, Ms. Salazar, Mr. Smucker, Mrs. Spartz,
and Ms. Tenney) introduced the following bill; which was referred to
the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act to exempt from inspection the
slaughter of animals and the preparation of carcasses conducted at a
custom slaughter facility, 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 ``Processing Revival and Intrastate
Meat Exemption Act'' or the ``PRIME Act''.
SEC. 2. EXEMPTION FOR SLAUGHTER AND PREPARATION OCCURRING AT CUSTOM
SLAUGHTER FACILITIES.
Section 23 of the Federal Meat Inspection Act (21 U.S.C. 623) is
amended--
(1) by redesignating paragraphs (b), (c), and (d) as
paragraphs (c), (d), and (e), respectively;
(2) by inserting after paragraph (a) the following new
paragraph:
``(b)(1) The provisions of this title requiring inspection of the
slaughter of animals and the preparation of the carcasses, parts
thereof, meat and meat food products at establishments conducting such
operations for commerce shall not apply to the slaughtering by any
person of animals at a custom slaughter facility, and the preparation
at such custom slaughter facility and transportation in commerce of the
carcasses, parts thereof, meat and meat food products of such animals
if--
``(A) the slaughtering and preparation carried out at such
custom slaughter facility is carried out in accordance with the
law of the State in which the custom slaughter facility is
located; and
``(B) the animals are so slaughtered and the carcasses,
parts thereof, meat and meat food products of such animals are
so prepared exclusively for distribution to--
``(i) household consumers within the State; and
``(ii) restaurants, hotels, boarding houses,
grocery stores, or other establishments located in such
State that--
``(I) are involved in the preparation of
meals served directly to consumers; or
``(II) offer meat and meat food products
for sale directly to consumers in the State.
``(2) For purposes of subparagraph (1), the term `State' means each
State of the United States, the District of Columbia, and each
territory or possession of the United States.''; and
(3) in paragraph (c) (as redesignated by paragraph (1)), in
the second sentence, by striking ``paragraph (b)'' and
inserting ``paragraph (c)''.
SEC. 3. NO PREEMPTION OF STATE LAW.
The amendments made by section 2 shall not be construed as
preempting any State law that concerns the slaughter of animals or the
preparation of carcasses, parts thereof, meat and meat food products at
a custom slaughter facility, or the sale of meat or meat food products.
<all>
</pre></body></html>
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118HR2815 | Hong Kong Business Integrity and Transparency Act | [
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"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. 2815 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2815
To direct the Secretary of Commerce to submit to Congress a report on
the protection of consumer information in the possession of United
States companies operating in Hong Kong and requests issued by the
Government of Hong Kong to such companies for consumer information,
content takedowns, or law enforcement assistance.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Curtis (for himself and Mr. Peters) introduced the following bill;
which was referred to the Committee on Energy and Commerce, 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 Commerce to submit to Congress a report on
the protection of consumer information in the possession of United
States companies operating in Hong Kong and requests issued by the
Government of Hong Kong to such companies for consumer information,
content takedowns, or law enforcement assistance.
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 ``Hong Kong Business Integrity and
Transparency Act''.
SEC. 2. REPORT ON REQUESTS FROM GOVERNMENT OF HONG KONG TO UNITED
STATES COMPANIES FOR CONSUMER INFORMATION, CONTENT
TAKEDOWNS, OR LAW ENFORCEMENT ASSISTANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Commerce, in consultation with the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional
committees and make available to the public a report on--
(1) the protection of consumer information in the
possession of United States companies operating in Hong Kong;
and
(2) requests issued by the Government of Hong Kong to
United States companies operating in Hong Kong for content
takedowns or law enforcement assistance.
(b) Matters To Be Included.--The report required by subsection (a)
shall, with respect to the 180-day period preceding the date of
submission of the report, include the following:
(1) The number of requests, issued by the Government of
Hong Kong to United States companies operating in Hong Kong for
consumer information in the possession of such companies,
content takedowns, or law enforcement assistance, that were
fulfilled and by which companies.
(2) An identification of the Hong Kong laws under which
such requests were issued.
(3) An identification of any United States consumer
protection laws that may have been violated in the case of the
fulfillment of such requests by such companies.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified index.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Finance, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Energy and Commerce, the
Committee on Foreign Affairs, the Committee on
Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Ways and Means of
the House of Representatives.
(2) Content takedown.--The term ``content takedown'' means
the removal of, disabling of access to, or restriction of
access to any material, including--
(A) material on a website or online service;
(B) a software application; and
(C) any feature of a software application.
<all>
</pre></body></html>
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118HR2816 | Pharmacy Benefit Manager Sunshine and Accountability Act | [
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"H001086",
"Rep. Harshbarger, Diana [R-TN-1]",
"sponsor"
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2816 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2816
To amend title XI of the Social Security Act to strengthen transparency
requirements with respect to pharmacy benefit managers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Harshbarger (for herself, Ms. Spanberger, Mrs. Miller-Meeks, and
Mr. Krishnamoorthi) introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to strengthen transparency
requirements with respect to pharmacy benefit managers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Benefit Manager Sunshine
and Accountability Act''.
SEC. 2. STRENGTHENING PHARMACY BENEFIT MANAGER TRANSPARENCY
REQUIREMENTS.
Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``; or'' and
inserting a semicolon;
(B) in paragraph (2), by striking the comma at the
end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(3) a group health plan or health insurance issuer
offering group or individual health insurance coverage (as such
terms are defined in section 2791 of the Public Health Service
Act),'';
(2) by amending subsection (b) to read as follows:
``(b) Information Described.--The information described in this
subsection is the following with respect to services provided by a
health benefits plan or PBM for a contract year:
``(1) With respect to a contract with each entity described
in paragraphs (1) through (3) of subsection (a), the aggregate
dollar amount of all--
``(A) rebates that a PBM or health benefits plan
received under each such contract from all drug
manufacturers;
``(B) administrative fees that a PBM or health
benefits plan received under each such contract with
from all drug manufacturers;
``(C) administrative fees that a PBM or health
benefits plan received under each contract from each
such entity;
``(D) rebates that a PBM or health benefits plan
received under each contract with each entity from all
pharmaceutical manufacturers that were not passed
through to such entities;
``(E) administrative fees that a PBM or health
benefits plan received under each contract from all
pharmaceutical manufacturers and did not pass through
to such entities;
``(F) total post-claim adjudication payments that a
PBM or health benefits plan collected from a pharmacy
under each contract, including any fees,
reimbursements, or other claw backs including generic
effective rate and brand effective rate contracts; and
``(G) any post-claim adjudication payments that a
PBM or health benefits plan collected from a pharmacy
under each contract, including any fees,
reimbursements, or other claw backs including generic
effective rate and brand effective rate contracts that
were not passed through to such entities.
``(2) The aggregate retained rebate percentage under each
contract (that is the value in paragraph (1)(D) divided by the
value in paragraph (1)(A)).
``(3) Across all contractual relationships for each PBM
whereby such PBM is managing prescription drug coverage for a
entity described in in paragraphs (1) through (3) of subsection
(a), the highest retained rebate percentage and lowest retained
rebate percentage for each contract under which such PBM
provided services.'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``, plan, or prices charged for drugs,'' and
inserting ``or plan, the prices charged for a specific
drug or classes of drugs, or the amount of any rebates
provided for a specific drug or classes of drugs,'';
and
(B) by adding at the end the following new
paragraph:
``(5) To carry out the reporting requirement under
subsection (e).''; and
(4) by adding at the end the following new subsections:
``(e) Public Reporting Requirement.--Not later than the first
calendar quarter following the first full plan year beginning on or
after the date of enactment of this subsection, and annually
thereafter, the Secretary shall publish on a public website of the
Department of Health and Human Services the information reported under
subsection (b), in accordance with the confidentiality requirements
described in subsection (c).
``(f) Definitions.--In this section:
``(1) Brand effective rate.--The term `brand effective
rate' means the claim reimbursement for a brand name drug,
expressed as a percentage discount from the average wholesale
price of such drug.
``(2) Generic effective rate.--The term `generic effective
rate' means the claim reimbursement for a generic drug,
expressed as a percentage discount from the average wholesale
price of such drug.
``(3) Pharmacy benefits manager.--The term `pharmacy
benefits manager' or `PBM' means--
``(A) an entity that manages prescription drug
benefits on behalf of an entity described in paragraphs
(1) through (3) of subsection (a); and
``(B) for purposes of this section, includes any
other organization that--
``(i) has directly or indirectly (as
determined by the Secretary in regulations), an
ownership interest of 5 percent or more in the
PBM;
``(ii) shares, or is otherwise a part of,
the same organizational structure as the PBM;
``(iii) exercises operational, financial,
or managerial control over the PBM or a part
thereof, or provides policies or procedures for
any of the operations of the PBM, or provides
financial or cash management services to the
PBM; or
``(iv) provides management or
administrative services, management or clinical
consulting services, or accounting or financial
services to the PBM.
``(4) Organizational structure.--The term `organizational
structure' means, in the case of--
``(A) a corporation, the officers, directors, and
shareholders of the corporation who have an ownership
interest in the corporation which is equal to or
exceeds 5 percent;
``(B) a limited liability company, the members and
managers of the limited liability company;
``(C) a general partnership, the partners of the
general partnership;
``(D) a limited partnership, the general partners
and any limited partners of the limited partnership who
have an ownership interest in the limited partnership
which is equal to or exceeds 5 percent;
``(E) a trust, the trustees of the trust; or
``(F) any other person or entity as the Secretary
determines appropriate.''.
<all>
</pre></body></html>
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118HR2817 | Coin Metal Modification Authorization and Cost Savings Act of 2023 | [
[
"A000369",
"Rep. Amodei, Mark E. [R-NV-2]",
"sponsor"
],
[
"G000583",
"Rep. Gottheimer, Josh [D-NJ-5]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2817 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2817
To amend title 31, United States Code, to save Federal funds by
authorizing changes to the composition of circulating coins, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Amodei (for himself and Mr. Gottheimer) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committees on the Budget, and Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to save Federal funds by
authorizing changes to the composition of circulating coins, 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 ``Coin Metal Modification
Authorization and Cost Savings Act of 2023''.
SEC. 2. SAVING FEDERAL FUNDS BY AUTHORIZING CHANGES TO THE COMPOSITION
OF CIRCULATING COINS.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following:
``(x) Composition of Circulating Coins.--
``(1) In general.--Notwithstanding any other provision of
law, the Director of the United States Mint (referred to in
this subsection as the `Director'), in consultation with the
Secretary, may modify the metallic composition of circulating
coins to a new metallic composition (including by prescribing
reasonable manufacturing tolerances with respect to those
coins) if a study and analysis conducted by the United States
Mint, including solicitation of input (including input on
acceptor tolerances and requirements) from industry
stakeholders who could be affected by changes in the
composition of circulating coins, indicates that the
modification will--
``(A) reduce costs incurred by the taxpayers of the
United States;
``(B) be seamless, which shall mean the same
diameter and weight as United States coinage being
minted on the date of enactment of this subsection and
that the coins will work interchangeably in most coin
acceptors using electromagnetic signature technology;
and
``(C) have as minimal an adverse impact as possible
on the public and stakeholders.
``(2) Notification to congress.--On the date that is at
least 90 legislative days before the date on which the Director
begins making a modification described in paragraph (1), the
Director shall submit to Congress notice that--
``(A) provides a justification for the
modification, including the support for that
modification in the study and analysis required under
paragraph (1) with respect to the modification;
``(B) describes how the modification will reduce
costs incurred by the taxpayers of the United States;
``(C) certifies that the modification will be
seamless, as described in paragraph (1)(B); and
``(D) certifies that the modification will have as
minimal an adverse impact as possible on the public and
stakeholders.
``(3) Congressional authority.--The Director may begin
making a modification proposed under this subsection not
earlier than the date that is 90 legislative days after the
date on which the Director submits to Congress the notice
required under paragraph (2) with respect to that modification,
unless Congress, during the period of 90 legislative days
beginning on the date on which the Director submits that
notice--
``(A) finds that the modification is not justified
in light of the information contained in that notice;
and
``(B) enacts a joint resolution of disapproval of
the proposed modification.
``(4) Procedures.--For purpose of paragraph (3)--
``(A) a joint resolution of disapproval is a joint
resolution the matter after the resolving clause of
which is as follows: `That Congress disapproves the
modification submitted by the Director of the United
States Mint.'; and
``(B) the procedural rules in the House of
Representatives and the Senate for a joint resolution
of disapproval described under paragraph (3) shall be
the same as provided for a joint resolution of
disapproval under chapter 8 of title 5, United States
Code.''.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>
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118HR2818 | Autonomy for Disabled Veterans Act | [
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],
[
"K000381",
"Rep. Kilmer, Derek [D-WA-6]",
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] | <p><strong>Autonomy for Disabled Veterans Act</strong></p> <p>This bill increases the maximum amount authorized under the Home Improvements and Structural Alterations (HISA) grant program to $10,000 for veterans with a service-connected disability and $5,000 for those with disabilities that are not service-connected. The HISA grant program provides medically necessary improvements and structural alterations to veterans' (or service members') primary residence for specified purposes (e.g., allowing for entrance to their home).</p> <p>The bill requires the Department of Veterans Affairs to increase the dollar amount of the grant in accordance with inflation as determined by the Consumer Price Index.<br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2818 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2818
To amend title 38, United States Code, to increase the amount paid by
the Secretary of Veterans Affairs to veterans for improvements and
structural alterations furnished as part of home health services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Bacon (for himself and Mr. Pappas) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to increase the amount paid by
the Secretary of Veterans Affairs to veterans for improvements and
structural alterations furnished as part of home health services.
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 ``Autonomy for Disabled Veterans
Act''.
SEC. 2. INCREASE IN AMOUNT AVAILABLE TO DISABLED VETERANS FOR
IMPROVEMENTS AND STRUCTURAL ALTERATIONS FURNISHED AS PART
OF HOME HEALTH SERVICES.
(a) Increase.--Paragraph (2) of section 1717(a) of title 38, United
States Code, is amended--
(1) in subparagraph (A)(ii), by striking ``$6,800'' and
inserting ``$10,000''; and
(2) in subparagraph (B)(ii), by striking ``$2,000'' and
inserting ``$5,000''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to a veteran who first applies for benefits under
section 1717(a)(2) of title 38, United States Code, on or after the
date of the enactment of this Act.
(c) Clarification.--A veteran who exhausts the eligibility of such
veteran for benefits under section 1717(a)(2) of title 38, United
States Code, before the date of the enactment of this Act is not
entitled to additional benefits under such section by reason of the
amendments made by subsection (a).
SEC. 3. ADJUSTMENT FOR INFLATION.
Section 1717(a) of title 38, United States Code, is further amended
by adding at the end the following:
``(4) On an annual basis, the Secretary shall increase the dollar
amount in effect under subsection (a)(2) by a percentage equal to the
percentage by which the Consumer Price Index for all urban consumers
(United States city average) increased during the 12-month period
ending with the last month for which Consumer Price Index data is
available. In the event that such Consumer Price Index does not
increase during such period, the Secretary shall maintain the dollar
amount in effect under subsection (a)(2) during the previous fiscal
year.''.
<all>
</pre></body></html>
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118HR2819 | Good Samaritan Health Professionals Act of 2023 | [
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2819 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2819
To amend the Public Health Service Act to limit the liability of health
care professionals who volunteer to provide health care services in
response to a disaster.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Bucshon (for himself and Mr. Ruiz) 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 amend the Public Health Service Act to limit the liability of health
care professionals who volunteer to provide health care services in
response to a disaster.
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 ``Good Samaritan Health Professionals
Act of 2023''.
SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:
``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
PROFESSIONALS.
``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
in the provision of health care services if--
``(1) the professional is serving, for purposes of
responding to a disaster, as a volunteer; and
``(2) the act or omission occurs--
``(A) during the period of the disaster, as
determined under the laws listed in subsection (d)(1);
``(B) in the State or States for which the disaster
is declared;
``(C) in the health care professional's capacity as
a volunteer;
``(D) in the course of providing services that are
within the scope of the license, registration, or
certification of the volunteer, as defined by the State
of licensure, registration, or certification; and
``(E) in a good faith belief that the individual
being treated is in need of health care services.
``(b) Exceptions.--Subsection (a) does not apply if--
``(1) the harm was caused by an act or omission
constituting willful or criminal misconduct, gross negligence,
reckless misconduct, or a conscious flagrant indifference to
the rights or safety of the individual harmed by the health
care professional; or
``(2) the health care professional rendered the health care
services under the influence (as determined pursuant to
applicable State law) of alcohol or an intoxicating drug.
``(c) Preemption.--
``(1) In general.--This section preempts the laws of a
State or any political subdivision of a State to the extent
that such laws are inconsistent with this section, unless such
laws provide greater protection from liability.
``(2) Volunteer protection act.--Protections afforded by
this section are in addition to those provided by the Volunteer
Protection Act of 1997.
``(d) Definitions.--In this section:
``(1) The term `disaster' means--
``(A) a national emergency declared by the
President under the National Emergencies Act;
``(B) an emergency or major disaster declared by
the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act; or
``(C) a public health emergency that is determined
by the Secretary under section 319 of this Act with
respect to one or more States specified in such
determination--
``(i) during only the initial period
covered by such determination; and
``(ii) excluding any period covered by a
renewal of such determination.
``(2) The term `harm' includes physical, nonphysical,
economic, and noneconomic losses.
``(3) The term `health care professional' means an
individual who is licensed, registered, or certified under
Federal or State law to provide health care services.
``(4) The term `health care services' means any services
provided by a health care professional, or by any individual
working under the supervision of a health care professional,
that relate to--
``(A) the diagnosis, prevention, or treatment of
any human disease or impairment; or
``(B) the assessment or care of the health of a
human being.
``(5) The term `State' includes each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(6)(A) The term `volunteer' means a health care
professional who, with respect to the health care services
rendered, does not receive--
``(i) compensation; or
``(ii) any other thing of value in lieu of
compensation, in excess of $500 per year.
``(B) For purposes of subparagraph (A), the term
`compensation'--
``(i) includes payment under any insurance policy
or health plan, or under any Federal or State health
benefits program; and
``(ii) excludes--
``(I) reasonable reimbursement or allowance
for expenses actually incurred;
``(II) receipt of paid leave; and
``(III) receipt of items to be used
exclusively for rendering the health services
in the health care professional's capacity as a
volunteer described in subsection (a)(1).''.
(b) Effective Date.--
(1) In general.--Section 224A of the Public Health Service
Act, as added by subsection (a), shall take effect 90 days
after the date of the enactment of this Act.
(2) Application.--Section 224A of the Public Health Service
Act, as added by subsection (a), applies to a claim for harm
only if the act or omission that caused such harm occurred on
or after the effective date described in paragraph (1).
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of Congress that--
(1) health care professionals should be encouraged to
register with the Emergency System for Advance Registration of
Volunteer Health Professionals (ESAR-VHP), and States should
employ online registration with the promptest processing
possible of such registrations to foster the rapid deployment
and utilization of volunteer health care professionals
following a disaster;
(2) Federal and State agencies and licensing boards should
cooperate to facilitate the timely movement of properly
licensed volunteer health care professionals to areas affected
by a disaster; and
(3) the appropriate licensing entities should verify the
licenses of volunteer health care professionals serving
disaster victims as soon as is reasonably practical following a
disaster.
<all>
</pre></body></html>
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118HR282 | Infant Protection and Baby Switching Prevention Act of 2023 | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>Infant Protection and Baby Switching Prevention Act of </b><b>2023</b></p> <p>This bill establishes additional requirements that certain hospitals must meet in order to participate in Medicare. Specifically, as a condition of Medicare participation, hospitals and critical access hospitals that provide neonatal or infant care must have appropriate security procedures to reduce the likelihood of infant patient abduction and baby switching. Noncompliant hospitals are subject to specified civil penalties.</p> <p>The bill also establishes criminal penalties for knowingly altering or destroying a newborn's hospital patient records for the purpose of causing the newborn to be misidentified.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 282 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 282
To amend title XVIII of the Social Security Act to require hospitals
reimbursed under the Medicare system to establish and implement
security procedures to reduce the likelihood of infant patient
abduction and baby switching, including procedures for identifying all
infant patients in the hospital in a manner that ensures that it will
be evident if infants are missing from the hospital.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committees on
the Judiciary, and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to require hospitals
reimbursed under the Medicare system to establish and implement
security procedures to reduce the likelihood of infant patient
abduction and baby switching, including procedures for identifying all
infant patients in the hospital in a manner that ensures that it will
be evident if infants are missing from the hospital.
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 ``Infant Protection and Baby Switching
Prevention Act of 2023''.
SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF
SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION
AND BABY SWITCHING.
(a) Agreements With Hospitals.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraphs (W) and (X), by moving the margin of
each subparagraph 2 ems to the left;
(2) in subparagraph (X), by striking ``and'' at the end;
(3) in subparagraph (Y), by striking the period at the end
and inserting ``, and''; and
(4) by inserting after subparagraph (Y) the following new
subparagraph:
``(Z) in the case of hospitals and critical access
hospitals that provide neonatal or infant care, to have in
effect security procedures that meet standards established by
the Secretary (in consultation with appropriate organizations)
to reduce the likelihood of infant patient abduction and baby
switching, including standards for identifying all infant
patients in the hospital in a manner that ensures that it will
be evident if infants are missing from the hospital.''.
(b) Regulations.--
(1) In general.--In promulgating regulations under
subparagraph (Z) of section 1866(a)(1) of the Social Security
Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the
Secretary of Health and Human Services shall--
(A) consult with various organizations representing
consumers, appropriate State and local regulatory
agencies, hospitals, and critical access hospitals;
(B) take into account variations in size and
location of hospitals and critical access hospitals,
and the percentage of overall services furnished by
such hospitals and critical access hospitals that
neonatal care and infant care represent; and
(C) promulgate specific regulations that address
each size and type of hospital covered.
(2) Deadline for publication.--Not later than 12 months
after the date of the enactment of this Act, the Secretary
shall publish the regulations required under paragraph (1). In
order to carry out this requirement in a timely manner, the
Secretary may promulgate regulations that take effect on an
interim basis, after notice and pending opportunity for public
comment.
(c) Penalties.--
(1) Amount of penalty.--A hospital that participates in the
Medicare program under title XVIII of the Social Security Act
under an agreement pursuant to section 1866 of such Act (42
U.S.C. 1395cc) that commits a violation described in paragraph
(2) is subject to a civil money penalty of not more than
$50,000 (or not more than $25,000 in the case of a hospital
with fewer than 100 beds) for each such violation.
(2) Violation described.--A hospital described in paragraph
(1) commits a violation for purposes of this subsection if the
hospital fails to have in effect security procedures that meet
standards established by the Secretary of Health and Human
Services under section 1866(a)(1)(Z) of such Act, as added by
subsection (a), to reduce the likelihood of infant patient
abduction and baby switching, including standards for
identifying all infant patients in the hospital in a manner
that ensures that it will be evident if infants are missing
from the hospital.
(3) Administrative provisions.--The provisions of section
1128A of such Act (42 U.S.C. 1320a-7a), other than subsections
(a) and (b), shall apply to a civil money penalty under this
subsection in the same manner as such provisions apply with
respect to a penalty or proceeding under section 1128A(a) of
such Act.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 18 months after the date
of the enactment of this Act, and shall apply to contracts entered into
or renewed under section 1866 of the Social Security Act (42 U.S.C.
1395cc) on or after such date.
SEC. 3. BABY SWITCHING PROHIBITED.
(a) In General.--Chapter 55 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 1205. BABY SWITCHING.
``(a) Whoever being in interstate commerce knowingly alters or
destroys an identification record of a newborn patient with the
intention that the newborn patient be misidentified by any person shall
be fined not more than $250,000 in the case of an individual and not
more than $500,000 in the case of an organization, or imprisoned not
more than ten years, or both.
``(b) As used in this section, the term `identification record'
means a record maintained by a hospital to aid in the identification of
newborn patients of the hospital, including any of the following:
``(1) The footprint, fingerprint, or photograph of the
newborn patient.
``(2) A written description of the infant.
``(3) An identification bracelet or anklet put on the
newborn patient, or the mother of the newborn patient, by a
staff member of the hospital.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 18, United States Code, is amended by adding at the
end the following new item:
``1205. Baby switching.''.
<all>
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118HR2820 | Justice for Jana Elementary Act of 2023 | [
[
"B001224",
"Rep. Bush, Cori [D-MO-1]",
"sponsor"
]
] | <p><b>Justice for Jana Elementary Act of 2023</b></p> <p>This bill establishes a program and requirements regarding schools impacted by radioactive contaminants, including in the Hazelwood School District in Missouri.</p> <p>Specifically, the bill requires the U.S. Army Corps of Engineers (USACE) to establish and execute new remediation goals for Jana Elementary School in the Hazelwood School District so that no portion of the site is subjected to radiation above background levels. (The school is located near Coldwater Creek, which is contaminated with radioactive waste from nearby sites used for the World War II nuclear weapons program.)</p> <p>The bill establishes a Radioactive School Assistance Program (and fund) to provide financial assistance to local educational agencies that have been financially impacted by the presence of radioactive contaminants stemming from U.S. atomic energy activities.</p> <p>Under the bill, schools in the Hazelwood School District in Missouri must be designated as vicinity properties of the St. Louis Airport Site for purposes of the USACE Formerly Utilized Sites Remedial Action Program. Such schools must be investigated, including via on-site inspections and sampling, in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (i.e., the national plan for responding to spills or releases of hazardous substances).</p> <p>The Department of Energy must review and report on the methodology and results of all tests for radioactive contaminants conducted at Jana Elementary School.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2820 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2820
To provide financial assistance to schools impacted by radioactive
contaminants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Bush introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Energy and Commerce, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide financial assistance to schools impacted by radioactive
contaminants, 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 ``Justice for Jana Elementary Act of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered school.--The term ``covered school'' means a
school that is part of the Hazelwood School District in the
State of Missouri.
(2) Fund.--The term ``Fund'' means the Radioactive School
Assistance Fund established under section 4(a).
(3) Impacted school.--The term ``impacted school'' means a
public elementary school or secondary school--
(A) that closed on or after January 1, 2020; and
(B) where the Formerly Utilized Sites Remedial
Action Program of the Corps of Engineers detected
radiation above background levels--
(i) on school property; or
(ii) otherwise, within 1000 feet of a
building containing classrooms or other
educational facilities of the school.
(4) Jana elementary school.--The term ``Jana Elementary
School'' means the school located at 405 Jana Drive in
Florissant, Missouri.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) National contingency plan.--The term ``National
Contingency Plan'' means the National Contingency Plan--
(A) prepared and published under section 311(d) of
the Federal Water Pollution Control Act (33 U.S.C.
1321(d)); or
(B) revised under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9605).
(7) Program.--The term ``Program'' means the Radioactive
School Assistance Program established in accordance with
section 4(b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Vicinity property.--The term ``vicinity property'' has
the meaning given the term in the Engineer Regulation ER 200-1-
4 of the Corps of Engineers entitled ``Formerly Utilized Sites
Remedial Action Program'' and dated August 29, 2014 (or a
successor document).
SEC. 3. REMEDIATION OF JANA ELEMENTARY SCHOOL.
Consistent with the requirements and obligations under the Formerly
Utilized Sites Remedial Action Program of the Corps of Engineers, the
Secretary of the Army shall--
(1) not later than 120 days after the date of the enactment
of this Act, establish new remediation goals for Jana
Elementary School that will result in the removal of all
radioactive contamination at Jana Elementary School such that
no portion of the site is subjected to radiation above
background levels; and
(2) after establishing remediation goals under paragraph
(1), carry out activities necessary to achieve those goals.
SEC. 4. FINANCIAL ASSISTANCE FOR SCHOOLS WITH RADIOACTIVE
CONTAMINATION.
(a) Radioactive School Assistance Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Radioactive School
Assistance Fund to carry out the reimbursement program
described in subsection (b).
(2) Funding.--The Fund shall consist of amounts
appropriated pursuant to the authorization of appropriations
under section 7.
(b) Radioactive School Assistance Program.--Not later than 30 days
after the date of the enactment of this Act, the Secretary shall
establish and implement a program to be known as the ``Radioactive
School Assistance Program'' to provide financial assistance in
accordance with subsection (c) to local educational agencies that have
been financially impacted by the presence of radioactive contaminants
stemming from the atomic energy activities of the United States
Government.
(c) Applications for Financial Assistance.--
(1) Reimbursement for testing.--
(A) In general.--The Secretary shall provide
financial assistance to each local educational agency
that submits to the Secretary an application that
includes--
(i) a certification that the local
educational agency incurred expenses while
testing for radioactive contaminants at an
impacted school;
(ii) proof of such expenses; and
(iii) proof that such testing--
(I) led to further testing under
the Formerly Utilized Sites Remedial
Action Program of the Corps of
Engineers; or
(II) was undertaken following
testing by a private entity that found
radioactive contamination.
(B) Limitations.--Financial assistance provided to
a local educational agency under this paragraph shall
not exceed the amount expended by such local
educational agency to test for radioactive
contamination.
(2) Funding for construction.--
(A) In general.--The Secretary shall provide
financial assistance for the construction of a new
school building to each local educational agency that
submits to the Secretary an application that includes
the following:
(i) A plan for the construction of a new
school building.
(ii) Documentation that a school under the
jurisdiction of the local educational agency is
an impacted school.
(iii) A budget for the construction of a
new school building.
(iv) A certification that the local
educational agency shall only use financial
assistance provided under this paragraph for 1
or more of the following purposes:
(I) To purchase land for the
construction of a new school building.
(II) To construct a new school
building to replace an impacted school.
(B) Limitations.--
(i) Amount of funding.--Financial
assistance provided to a local educational
agency under this paragraph shall not exceed
$20,000,000 for each impacted school.
(ii) Use of funds.--A local educational
agency that receives financial assistance under
this paragraph may only use such financial
assistance for 1 or more of the following
purposes:
(I) To purchase land for the
construction of a new school building.
(II) To construct a new school
building to replace an impacted school.
(3) Considerations.--The Secretary may not reject an
application submitted by a local educational agency for
financial assistance under this subsection due to prior
remediation by the Corps of Engineers or any other relevant
Federal agency of an impacted school under the jurisdiction of
such local educational agency.
(d) Reports.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the Program, which shall include--
(1) a description of the number of applications submitted
under this section; and
(2) a description of the amount of financial assistance
provided to local educational agencies under this section.
SEC. 5. INVESTIGATION OF SCHOOLS IN HAZELWOOD SCHOOL DISTRICT FOR
CONTAMINANTS.
(a) Designation.--Notwithstanding any other provision of law, each
covered school shall be designated as a vicinity property of the St.
Louis Airport Site of the Formerly Utilized Sites Remedial Action
Program of the Corps of Engineers.
(b) Investigation.--
(1) In general.--The Secretary of the Army shall
investigate and characterize each covered school in accordance
with the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the
National Contingency Plan, including, at a minimum, carrying
out a preliminary assessment and site inspection of each
covered school.
(2) Inclusion.--An investigation of a covered school under
paragraph (1) shall include on-site investigatory efforts and
sampling in accordance with section 300.420(c)(2) of title 40,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(c) Reports.--The Secretary of the Army shall develop and make
available to the public, for each covered school, a report that
includes the results of the investigation under subsection (b),
including--
(1) the results of the on-site investigatory efforts;
(2) a summary of the results of sampling under paragraph
(2) of that subsection for contaminants of concern, including
the average and highest detected levels of each contaminant of
concern; and
(3) an evaluation of the danger posed to students and
employees of the covered school by the levels of contamination.
(d) Community Relations.--In carrying out this section, the
Secretary of the Army shall comply with all applicable requirements
relating to community relations and public notification under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321), and sections 300.415, 300.430,
and 300.435 of title 40, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
SEC. 6. REVIEW AND REPORT OF RADIOACTIVE TESTING AT JANA ELEMENTARY
SCHOOL.
(a) Review.--Not later than 30 days after the date of the enactment
of this Act, the Secretary shall review the methodology and results of
all tests for radioactive contaminants conducted at Jana Elementary
School, including--
(1) tests conducted by the Corps of Engineers;
(2) tests conducted by Boston Chemical Data Corporation;
and
(3) tests commissioned by the Hazelwood School District in
the State of Missouri.
(b) Report.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the review required by subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include--
(A) for each test described in subsection (a), an
evaluation of--
(i) the reliability of the methodology
used--
(I) to conduct such test; and
(II) to evaluate the results of
such test; and
(ii) the reliability of the opinions
contained in any report summarizing the test;
and
(B) an evaluation of the danger posed to children
by any radioactive contaminants found at Jana
Elementary School.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 2023
$25,000,000 to carry out this Act.
<all>
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118HR2821 | Young Americans Financial Literacy Act | [
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"B... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2821 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2821
To establish a grant program in the Bureau of Consumer Financial
Protection to fund the establishment of centers of excellence to
support research, development and planning, implementation, and
evaluation of effective programs in financial literacy education for
young people and families ages 8 through 24 years old, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Carson (for himself, Ms. Lee of California, Ms. Barragan, Mrs.
Beatty, Mr. Blumenauer, Ms. Brown, Mr. Carbajal, Mr. Carter of
Louisiana, Mr. Case, Mr. Garcia of Illinois, Ms. Garcia of Texas, Mr.
Cohen, Ms. Crockett, Mr. Davis of Illinois, Ms. Dean of Pennsylvania,
Mr. DeSaulnier, Mr. Espaillat, Mr. Evans, Ms. Wilson of Florida, Mrs.
Hayes, Ms. Norton, Mr. Keating, Ms. Kuster, Mr. McGovern, Ms. Omar, Mr.
Smith of Washington, Ms. Jacobs, Mr. Johnson of Georgia, Mr. Sablan,
Ms. Scholten, Mr. Soto, Mr. Thompson of Mississippi, Ms. Titus, Ms.
Tlaib, Ms. Tokuda, Mr. Torres of New York, Mr. Trone, Mr. Veasey, and
Mrs. Watson Coleman) introduced the following bill; which was referred
to the Committee on Financial Services, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish a grant program in the Bureau of Consumer Financial
Protection to fund the establishment of centers of excellence to
support research, development and planning, implementation, and
evaluation of effective programs in financial literacy education for
young people and families ages 8 through 24 years old, 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 ``Young Americans Financial Literacy
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) That 88 percent of Americans believe finance education
should be taught in schools and 92 percent of K-12 teachers
believe that financial education should be taught in school,
but only 12 percent of teachers actually teach the subject.
(2) According to a 2020 survey, less than half of States
require high school students to take a course on personal
finance, and less than 17 percent of high schoolers were
required to take a one semester personal finance course.
(3) For the fourth year in a row, more than one-third of
surveyed consumers gave themselves a ``B'' when grading their
own level of basic financial literacy. Less than one-fifth of
Americans gave themselves an ``A''. Most adults feel that their
financial literacy skills are inadequate, yet they do not rely
on anyone else to handle their finances; they feel it is
important to know more but have received no financial
education.
(4) The sudden disruptions caused by the spread of COVID-19
are presenting economic challenges with growing consequences.
While some factors affecting financial well-being are beyond
individual control, financial literacy can help people better
manage their finances through times of hardship.
(5) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability; however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(6) There is an urgent need to respond to the COVID-19
economic recovery with research-based financial literacy
education programs to reach individuals at all ages and
socioeconomic levels, particularly those facing unique and
challenging financial situations, such as high school graduates
entering the workforce, soon-to-be and recent college
graduates, young families, and the unique needs of military
personnel and their families.
(7) High school and college students who are exposed to
cumulative financial education show an increase in financial
knowledge, which in turn drives increasingly responsible
behavior as they become young adults.
(8) The majority (52 percent) of young adults between the
ages of 23-28 consider ``making better choices about managing
money'', the single most important issue for individual
Americans to act on today.
(9) According to the Government Accountability Office,
giving Americans the information they need to make effective
financial decisions can be key to their well-being and to the
country's economic health. The current pandemic, in which 88
percent of Americans say is causing stress on their personal
finances, underscores the need to improve individuals'
financial literacy and empower all Americans to make informed
financial decisions. This is especially true for young people
as they are earning their first paychecks, securing student
aid, and establishing their financial independence. Therefore,
focusing economic education and financial literacy efforts and
best practices for young people between the ages of 8-24 is of
utmost importance.
SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended--
(1) by redesignating section 1037 as section 1038; and
(2) by inserting after section 1036 the following:
``SEC. 1037. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
``(a) In General.--The Director of the Bureau, in consultation with
the Financial Literacy and Education Commission established under the
Financial Literacy and Education Improvement Act, shall make
competitive grants to and enter into agreements with eligible
institutions to establish centers of excellence to support research,
development and planning, implementation, and evaluation of effective
programs in financial literacy education for young people and families
ages 8 through 24 years old.
``(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
``(1) Developing and implementing comprehensive research
based financial literacy education programs for young people--
``(A) based on a set of core competencies and
concepts established by the Director, including goal
setting, planning, budgeting, managing money or
transactions, tools and structures, behaviors,
consequences, both long- and short-term savings,
managing debt and earnings; and
``(B) which can be incorporated into educational
settings through existing academic content areas,
including materials that appropriately serve various
segments of at-risk populations, particularly minority
and disadvantaged individuals.
``(2) Designing instructional materials using evidence-
based content for young families and conducting related
outreach activities to address unique life situations and
financial pitfalls, including bankruptcy, foreclosure, credit
card misuse, and predatory lending.
``(3) Developing and supporting the delivery of
professional development programs in financial literacy
education to assure competence and accountability in the
delivery system.
``(4) Improving access to, and dissemination of, financial
literacy information for young people and families.
``(5) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students.
``(6) Conducting ongoing research and evaluation of
financial literacy education programs to assure learning of
defined skills and knowledge, and retention of learning.
``(7) Developing research-based assessment and
accountability of the appropriate applications of learning over
short and long terms to measure effectiveness of authorized
activities.
``(c) Priority for Certain Applications.--The Director shall give a
priority to applications that--
``(1) provide clear definitions of `financial literacy' and
`financially literate' to clarify educational outcomes;
``(2) establish parameters for identifying the types of
programs that most effectively reach young people and families
in unique life situations and financial pitfalls, including
bankruptcy, foreclosure, credit card misuse, and predatory
lending;
``(3) include content that is appropriate to age and
socioeconomic levels;
``(4) develop programs based on educational standards,
definitions, and research;
``(5) include individual goals of financial independence
and stability;
``(6) establish professional development and delivery
systems using evidence-based practices;
``(7) address the needs of one or more at-risk populations;
``(8) incorporate sensitivities to specific cultural,
linguistic, or demographic characteristics;
``(9) enhance opportunities for asset building, such as
increasing savings for lower income households and investments
into the stock, bond, and real estate markets;
``(10) include an evaluation component to ensure the work's
effectiveness in increasing financial literacy or consumer
access to appropriate financial products or services, or that
the provider has evidence of such effectiveness;
``(11) promise future replication or can be sustained
beyond the program period; and
``(12) will make effectiveness data (if any) that is
generated from the work available to others in the financial
education community.
``(d) Application and Evaluation Standards and Procedures;
Distribution Criteria.--The Director shall establish application and
evaluation standards and procedures, distribution criteria, and such
other forms, standards, definitions, and procedures as the Director
determines to be appropriate.
``(e) Content Delivery.--An eligible institution receiving a grant
under this section shall--
``(1) ensure that content is delivered in an accessible way
to young people, through traditional educational methods and
digital methods, including over appropriate social media
platforms; and
``(2) to the extent content is delivered through a website,
ensure that the website is user friendly, visually appealing,
and doesn't bombard users with dense content that is difficult
to comprehend.
``(f) Grant Amounts.--
``(1) In general.--The aggregate amount of grants made
under this section during any fiscal year--
``(A) shall be at least $27,500,000; and
``(B) may not exceed $55,000,000.
``(2) Termination.--No grants may be made under this
section after the end of fiscal year 2025.
``(g) Report to Congress.--The Director shall issue an annual
report to Congress containing--
``(1) a list of grant recipients under this section,
including the amount of such grant; and
``(2) for each grant recipient, a description of the
specific populations being served by such grant.
``(h) Definitions.--For purposes of this section the following
definitions shall apply:
``(1) Eligible institution.--The term `eligible
institution' means a partnership of two or more of the
following:
``(A) An institution of higher education.
``(B) A State or local government agency which
specializes in financial education programs.
``(C) A nonprofit agency, organization, or
association.
``(D) A financial institution.
``(E) A small organization that is partnering with,
but is not itself, a person described under
subparagraph (A) through (D).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).''.
(b) Clerical Amendment.--The table of contents under section 1(b)
of the Dodd-Frank Wall Street Reform and Consumer Protection Act is
amended by striking the item relating to section 1037 and inserting the
following:
``Sec. 1037. Authorization for funding the establishment of centers of
excellence in financial literacy education.
``Sec. 1038. Effective date.''.
<all>
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118HR2822 | Child Labor Exploitation Accountability Act | [
[
"C001131",
"Rep. Casar, Greg [D-TX-35]",
"sponsor"
],
[
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"Rep. Budzinski, Nikki [D-IL-13]",
"cosponsor"
],
[
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[
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"Rep. Balint, Becca [D-VT-At Large]",
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],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2822 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2822
To ensure that contractors of the Department of Agriculture comply with
certain labor laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Casar (for himself, Ms. Budzinski, Ms. Tokuda, Ms. Balint, Ms.
Kamlager-Dove, Ms. Salinas, Mr. Robert Garcia of California, Mrs.
Foushee, Ms. Lee of Pennsylvania, Mr. Lieu, Mr. Raskin, Ms. Pingree,
Mr. Deluzio, Ms. Hoyle of Oregon, Ms. Crockett, Mr. Huffman, Mrs.
Ramirez, Ms. Brown, Mr. Pocan, Mr. Cohen, Mr. Cicilline, Mr. Menendez,
Mr. Tonko, Mr. Magaziner, Mr. Jackson of Illinois, Mr. Doggett, Mr.
McGovern, Mr. Cleaver, and Ms. Bush) introduced the following bill;
which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To ensure that contractors of the Department of Agriculture comply with
certain labor laws, 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 ``Child Labor Exploitation
Accountability Act''.
SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORKPLACE ACCOUNTABILITY.
(a) Required Disclosures.--The Secretary of Agriculture shall
require any entity that enters into a contract with the Department of
Agriculture on or after the date that is 2 years after the date of
enactment of this Act to disclose to the Secretary of Labor, on an
annual basis and to the best of the knowledge of the entity, whether,
within the preceding 3-year period, any administrative merits
determination, arbitral award or decision, or civil judgment, as
defined in regulations issued by the Secretary of Labor, has been
issued against the entity, or any subcontractor of the entity, for
violations of any of the following (including, as applicable, any
regulations issued under any of the following):
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(2) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
(3) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(4) Subchapter IV of chapter 31 of title 40, United States
Code (commonly known as the ``Davis-Bacon Act'').
(5) Chapter 67 of title 41, United States Code (commonly
known as the ``Service Contract Act'').
(6) Executive Order 11246 (42 U.S.C. 2000e note; relating
to equal employment opportunity).
(7) Section 503 of the Rehabilitation Act of 1973 (29
U.S.C. 793).
(8) Section 4212 of title 38, United States Code.
(9) The Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.).
(11) Title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.).
(12) The Age Discrimination in Employment Act of 1967 (29
U.S.C. 621 et seq.).
(13) Executive Order 13658 (79 Fed. Reg. 9851; relating to
establishing a minimum wage for contractors).
(14) The Railway Labor Act (45 U.S.C. 151 et seq.).
(15) The Pregnant Workers Fairness Act (division II of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)).
(16) Section 4714 of title 41, United States Code.
(17) Part 170 of title 40, Code of Federal Regulations
(regarding the Worker Protection Standard).
(18) Section 218 of the Immigration and Nationality Act (8
U.S.C. 1188) relating to protections for H-2A workers.
(19) Section 274B of such Act (8 U.S.C. 1324b).
(20) Any applicable State or local labor or employment law,
as defined in regulations issued by the Secretary of Labor.
(b) Consultation.--The Secretary of Labor shall be available, as
appropriate and in coordination as described in subsection (e), for
consultation with an entity described in subsection (a) to assist the
entity in evaluating the information on labor compliance submitted to
the entity by a subcontractor pursuant to such subsection.
(c) Corrective Measures.--On an annual basis, the Secretary of
Labor--
(1) shall provide an entity that makes a disclosure
pursuant to subsection (a) an opportunity to report any steps
taken by the entity, or any subcontractor of the entity, to
correct violations of or improve compliance with the labor
laws, including Executive orders, listed in such subsection,
including any agreements entered into with an enforcement
agency; and
(2) may negotiate with such entity corrective measures that
the entity or any subcontractor of the entity may take in order
to avoid having the entity placed on the list under subsection
(d).
(d) List of Ineligible Entities.--
(1) In general.--For each calendar year beginning with the
first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, the Secretary of
Labor, in coordination as described in subsection (e), shall
prepare, and submit to the Secretary of Agriculture, a list of
each entity that shall be ineligible for a contract with the
Department of Agriculture for that year based on--
(A) serious, repeated, or pervasive violations of
the labor laws, including Executive orders, listed
under subsection (a) committed by the entity or any
subcontractor of the entity; or
(B) the failure of such entity, or any
subcontractor of such entity, to complete any
corrective measure negotiated under subsection (c).
(2) Ineligibility.--The Secretary of Agriculture shall
not--
(A) solicit a contract from any entity on the list
under paragraph (1) that is in effect for a year for
that year or any of the subsequent 4 years; and
(B) conduct an inspection pursuant to the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.) or the
Poultry Products Inspection Act (21 U.S.C. 451 et
seq.), as applicable, of any facility owned or
controlled by an entity on the list under paragraph (1)
that is in effect for a year for that year or for any
of the subsequent 4 years.
(e) Coordination.--In providing the consultation described in
subsection (b) and preparing the list under subsection (d), the
Secretary of Labor shall coordinate, as appropriate, with the National
Labor Relations Board, the Equal Employment Opportunity Commission, the
Environmental Protection Agency, States, and local governments.
(f) Criminal Penalty for Failure To Report.--
(1) Offense.--It shall be unlawful for an entity to
knowingly fail to make a disclosure required under subsection
(a).
(2) Penalty.--
(A) In general.--A violation of paragraph (1) shall
be treated as a violation of section 1031(a) of title
18, United States Code.
(B) Gross loss to government; gross gain to
defendant.--For purposes of applying section 1031 of
title 18, United States Code, to a violation of
paragraph (1) of this subsection, the amount that the
Department of Agriculture pays an entity that violates
such paragraph (1) under a contract described in
subsection (a) of this section shall be treated as the
gross loss to the Government or the gross gain to the
defendant.
(g) Annual Reports to Congress.--For each calendar year beginning
with the first calendar year that begins after the date that is 2 years
after the date of enactment of this Act, Secretary of Agriculture shall
submit a report to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the House of
Representatives that includes--
(1) the number of entities on the list under subsection (d)
for the year of the report;
(2) the number of entities that agreed to take corrective
measures under subsection (c) for such year;
(3) the amount of the applicable contracts for the entities
described in paragraph (1) or (2); and
(4) performance indicators and measures, as determined by
the Secretary of Agriculture, assessing the effectiveness of
the implementation by the Secretary of Agriculture of this Act
for such year.
<all>
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118HR2823 | Filipino Veterans Family Reunification Act of 2023 | [
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"C001059"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2823 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2823
To exempt children of certain Filipino World War II veterans from the
numerical limitations on immigrant visas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Case (for himself, Mrs. Kiggans of Virginia, Ms. Tokuda, Ms.
Jacobs, Mr. Costa, Ms. Schakowsky, Mr. Grijalva, Mr. Bishop of Georgia,
Ms. Norton, Mr. Peters, Ms. Jayapal, Mr. Soto, Mr. Vargas, Mr.
Blumenauer, Ms. Lee of California, Mr. Khanna, Mr. Swalwell, Ms. Chu,
Mrs. Napolitano, and Mr. Lieu) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To exempt children of certain Filipino World War II veterans from the
numerical limitations on immigrant visas, 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 ``Filipino Veterans Family
Reunification Act of 2023''.
SEC. 2. EXEMPTION FROM IMMIGRANT VISA LIMIT.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who--
``(i) are eligible for a visa under paragraph (1)
or (3) of section 203(a); and
``(ii) have a parent (regardless of whether the
parent is living or dead) who was naturalized pursuant
to--
``(I) section 405 of the Immigration Act of
1990 (Public Law 101-649; 8 U.S.C. 1440 note);
or
``(II) title III of the Act of October 14,
1940 (54 Stat. 1137, chapter 876), as added by
section 1001 of the Second War Powers Act, 1942
(56 Stat. 182, chapter 199).''.
<all>
</pre></body></html>
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118HR2824 | FIGDA Act of 2023 | [
[
"C001091",
"Rep. Castro, Joaquin [D-TX-20]",
"sponsor"
],
[
"K000397",
"Rep. Kim, Young [R-CA-40]",
"cosponsor"
],
[
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[
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"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2824 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2824
To support prioritization and expanded use of innovation at the United
States Agency for International Development, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Castro of Texas (for himself and Mrs. Kim of California) introduced
the following bill; which was referred to the Committee on Foreign
Affairs
_______________________________________________________________________
A BILL
To support prioritization and expanded use of innovation at the United
States Agency for International Development, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fostering
Innovation in Global Development Assistance Act of 2023'' or the
``FIGDA Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Chief Innovation Officer.
Sec. 5. Authorities to support expanded use of innovation.
Sec. 6. Development Innovation Ventures program.
Sec. 7. Proven Solutions program.
Sec. 8. Increase in fixed amount subawards.
Sec. 9. Authorization for United States participation in the Global
Innovation Fund.
Sec. 10. Collaboration with United States International Development
Finance Corporation.
Sec. 11. Global innovation strategy.
Sec. 12. Limitations.
Sec. 13. Definitions.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The effectiveness of United States foreign assistance
can be greatly enhanced by fostering innovation, applying
research and technology, and leveraging the expertise and
resources of the private sector to find cost-effective
solutions to today's most pressing development challenges.
(2) Partnerships with entrepreneurs, experts,
nongovernmental organizations, universities, and science and
research institutions allow the United States to find solutions
to specific development challenges in a faster, more cost-
effective, and more financially sustainable way.
(3) Enhancing the authorities that support results-based
and pay-for-success innovation models will better enable USAID
to diversify and expand both the number and sources of proven
solutions that may be developed, tested, and scaled up, thereby
increasing USAID's opportunity to apply high value, cost-
effective solutions to global development challenges.
(4) As demonstrated by USAID's Development Innovation
Ventures program, innovation within United States foreign
assistance can generate high social returns when it is centered
on the creation of and reliance on rigorous evidence of impact
on global development outcomes, a focus on cost-effectiveness,
and attention to financially-sustainable proven solutions that
may be scaled up.
(5) USAID's Center for Innovation and Impact serves as an
important effort to incubate new proven solutions, put them
into practice, and scale up effective approaches by drawing on
non-traditional skill sets in innovation, market-based
solutions and digital health.
(6) USAID's efforts to incorporate lessons learned into
future programs should be open to both building on successful
approaches and learning from failures.
(7) Enabling uptake of evidence-based innovation across
USAID's operating units will enable USAID to scale up proven
solutions that accelerate economic growth and produce better
development outcomes, which can help support the growth of
healthier, more stable societies and foster trade relationships
that translate into jobs and economic growth in the United
States.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that innovation is central to
identifying solutions to global development challenges.
SEC. 4. CHIEF INNOVATION OFFICER.
(a) In General.--There shall be established within USAID a Chief
Innovation Officer who shall--
(1) serve as the principal advisor on issues related to the
prioritization and expanded use of innovation to improve the
effectiveness and outcomes of the development and humanitarian
goals of the United States, including related to policy,
management, and procurement;
(2)(A) carry out--
(i) the duties described in subsection (b);
(ii) the authorities described in section 5; and
(iii) the Proven Solutions program under section 7;
and
(B) develop the strategy required by section 11(a); and
(3) report directly to--
(A) the Deputy Administrator for Policy and
Programming of USAID; or
(B) such other senior official of USAID, as
determined by the Administrator.
(b) Duties.--The duties of the Chief Innovation Officer shall
include--
(1) increasing the application of innovation to develop,
test, and scale up proven solutions to improve effectiveness
and outcomes of development and humanitarian goals of the
United States;
(2) leveraging the innovations, expertise, resources, and
investments of businesses, nongovernmental organizations,
science and research organizations, United States Government
organizations that pursue science, technology, and research,
and universities for the purposes of improving effectiveness
and outcomes of development and humanitarian assistance efforts
of the United States, and serving as a liaison between USAID
and such partners to ensure USAID is meaningfully engaging with
such partners;
(3) utilizing innovation-driven competitions, advanced
market commitments, and co-creation arrangements to expand the
number and diversity of solutions to development and
humanitarian challenges and the partners with whom USAID works
and funds;
(4) maintaining a repository of innovative solutions and
best practices to be shared across USAID and fostering a
culture of innovation across USAID;
(5) convening and coordinating innovation units, divisions,
and programs to ensure knowledge around innovative solutions
and best practices are shared and implemented across USAID;
(6) supporting USAID operating units in applying findings
from development economics and research, technology,
innovation, co-creation, and partnership approaches to decision
making, procurement, and program design;
(7) examining and providing input into current internal
USAID policy related to management and procurement to ensure
innovation is integrated in policy guidance and procurement
mechanisms;
(8) ensuring proper utilization of the authorities relating
to grants, contracts, challenges, and prize awards, including
Innovation Incentive Awards under section 5(a) and the
authority relating to Innovation Fellows under section 5(b);
and
(9) conduct rigorous evaluation of new mechanisms,
approaches, and technologies to ensure that innovation drives
learning and impact.
(c) Bureau Senior Advisors.--
(1) In general.--The Administrator shall appoint in each
bureau of USAID, from among officers and employees of such
bureau, a senior advisor with respect to matters relating to
innovation, to--
(A) serve as the principal advisor for such bureau
on such matters; and
(B) coordinate with the Chief Innovation Officer
the activities of such bureau on such matters.
(2) Continuation of service.--An individual appointed to
serve as a senior advisor pursuant to paragraph (1) may
continue to serve concurrently in the individual's original
position in such bureau.
SEC. 5. AUTHORITIES TO SUPPORT EXPANDED USE OF INNOVATION.
(a) Innovation Authorities.--
(1) In general.--The Administrator, acting through the
Chief Innovation Officer, is authorized, pursuant to the
authorities described in section 635 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2395), to provide flexible, results- and
milestones-based funding to support expanded use of innovation,
encourage improved development and humanitarian outcomes,
expand USAID partner bases, and support cost-effective and
sustainable-led development solutions in partnership with local
and nontraditional development partners, including the private
sector.
(2) Types of funding.--The Administrator may provide
funding authorized under paragraph (1) in the form of grants
(including fixed amount awards), contracts (including firm-
fixed price contracts), advanced market commitments,
development impact bonds, performance-based contracts,
conditional cash transfers, and prize awards, including--
(A) Innovation Incentive Awards; and
(B) evidence-driven, tiered awards under the
Development Innovation Ventures program established
under section 6.
(3) Recovery of funds.--
(A) Authority.--
(i) In general.--The Administrator, subject
to the limitation described in clause (ii), is
authorized to provide funds under a grant,
contract, advanced market commitment,
development impact bond, performance-based
contract, conditional cash transfer, or prize
award under this subsection to a recipient
under terms requiring a proportion of such
funds be returned to USAID at a future date in
accordance with such requirements as may be
established by the Administrator.
(ii) Limitation.--The amount of funds that
a recipient is required to return to USAID
under clause (i) may not exceed the total
amount of funds that the recipient receives
under the grant, contract, advanced market
commitment, development impact bond,
performance-based contract, conditional cash
transfer, or prize award.
(B) Treatment of payments.--
(i) In general.--The amount of funds
returned to USAID under subparagraph (A) may be
credited to the account from which the
obligation and expenditure of funds under the
grant, contract, advanced market commitment,
development impact bond, performance-based
contract, conditional cash transfer, or prize
award under this subsection were made.
(ii) Availability.--Amounts returned and
credited to an account under clause (i)--
(I) shall be merged with other
funds in the account; and
(II) shall be available, subject to
appropriation, for the same purposes
and period of time for which other
funds in the account are available for
programs and activities of the Chief
Innovation Officer under section 4(b).
(b) Innovation Fellows.--
(1) In general.--The Administrator, acting through the
Chief Innovation Officer, is authorized to employ individuals,
to be known as ``Innovation Fellows'', at any given time who
shall, following an initial period of service with the Chief
Innovation Officer, be assigned on a detail basis to USAID
operating units for purposes of expanding the use of
innovation, technology, and research with respect to the
development assistance authorities of USAID.
(2) Administrative provisions.--The authority to employ
individuals under paragraph (1) is in addition to the authority
to employ individuals under such other authorities as may be
available to the Administrator, including authorities under
parts I and II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.).
(3) Limitation.--The employment of individuals under
paragraph (1) shall be a limited-term basis pursuant to
schedule A of subpart C of part 213 of title 5, Code of Federal
Regulations, or similar laws or regulations.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section not less than $45,000,000 for each of
the fiscal years 2024 through 2028. Such amounts are in
addition to amounts otherwise available to USAID to carry out
authorities to support expanded innovation and other activities
of the type as described in this section.
(2) Availability.--Amounts authorized to be appropriated to
carry out this section are authorized to remain available until
expended.
(3) Additional funding.--Amounts authorized to be
appropriated under part III of the Foreign Assistance Act of
1961 (22 U.S.C. 2351 et seq.) for each of the fiscal years 2024
through 2028 are authorized to be made available to carry out
subsection (b). Such amounts are in addition to amounts
authorized to be appropriated under paragraph (1) to carry out
this section.
SEC. 6. DEVELOPMENT INNOVATION VENTURES PROGRAM.
(a) In General.--There is established in USAID a program to be
known as the Development Innovation Ventures program (in this
subsection referred to as the ``program'').
(b) Duties.--In carrying out the program, the Administrator shall
provide flexible funding to global innovators to test new ideas, build
evidence of what works to improve development outcomes, and transition
to scale up those proven solutions with rigorously demonstrated
potential to improve millions of lives on a cost-effective basis.
(c) Applications.--In carrying out the program, the Administrator
shall assess applications for funding under this subsection according
to the following three core principles:
(1) Rigorous evidence of impact.
(2) Cost-effectiveness.
(3) Potential for scaling up proven solutions.
(d) Administrative Provisions.--In carrying out the program, the
Administrator shall--
(1) provide funding under this subsection using tiered,
evidence-driven funding to allow for risk-taking at early
stages while mitigating risk at later stages, thereby
maximizing impact per tax dollar spent; and
(2) work across all countries and sectors supported by
USAID, with the goal of finding, testing, and scaling up proven
solutions.
(e) Reporting Requirement.--Not later than 60 days after the date
of the enactment of this Act, the Administrator shall submit to the
appropriate congressional committees and make available to the public a
report on the implementation of the program that includes--
(1) an assessment from USAID of the extent to which proven
solutions have been scaled up, inside and outside of USAID; and
(2) a description of USAID's decision-making process,
including with respect to use of funding received from external
sources.
(f) Authorization of Appropriations.--
(1) In general.--Amounts authorized to be appropriated
under section 5 are authorized to be made available to carry
out this section.
(2) Availability.--Amounts made available to carry out this
section are authorized to remain available until expended.
SEC. 7. PROVEN SOLUTIONS PROGRAM.
(a) In General.--There is established in USAID a program to be
known as the Proven Solutions program (in this subsection referred to
as the ``program''). The Administrator, acting through the Chief
Innovation Officer and in consultation with the Chief Economist of
USAID, shall carry out the program.
(b) Duties.--
(1) In general.--In carrying out the program, the
Administrator shall scale up proven solutions by directing
USAID operating units to integrate proven solutions into USAID
programming and operating budgets, including by utilizing other
authorities described in this Act.
(2) Public report.--Not later than 60 days after the end of
each of the fiscal years 2024 through 2028, the Administrator
shall submit to the appropriate congressional committees and
the public a report on all proven solutions and USAID operating
units involved in the activities described in paragraph (1) for
the prior fiscal year.
(c) Coordination.--Each USAID operating unit that manages more than
$50,000,000 of assistance each fiscal year shall--
(1) review the proven solutions identified by the program;
and
(2) submit to the Chief Innovation Officer and the Chief
Economist of USAID--
(A) a list of proven solutions that can be
supported by the unit;
(B) an assessment of potential impact of such
proven solutions;
(C) an assessment of available funding to scale up
proven solutions; and
(D) any other information requested by the Chief
Innovation Officer and the Chief Economist to inform
opportunities to scale up proven solutions.
(d) Definition.--In this subsection, the term ``proven
solutions''--
(1) means innovations that are rigorously demonstrated,
such as through randomized controlled trials, commercial
viability, or other appropriate methods, to have the potential
to substantially improve development outcomes; and
(2) includes--
(A) innovations developed or supported by USAID,
including the Development Innovation Ventures program
established under section 6, Innovation Challenges and
Prizes, and innovations developed or supported by other
government entities, including the United States
International Development Finance Corporation; and
(B) innovations developed by USAID partners,
including nongovernmental organizations, social
enterprises, foreign governments, and multilateral
institutions.
(e) Authorization of Appropriations.--
(1) In general.--Amounts authorized to be appropriated
under chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq. and 2293 et seq.), chapter 4 of
part II of such Act (22 U.S.C. 2346 et seq.), and title II of
the BUILD Act of 2018 (22 U.S.C. 9601 et seq.) are authorized
to be made available to carry out this section.
(2) Availability.--Amounts authorized to be appropriated to
carry out this section are authorized to remain available until
expended.
SEC. 8. INCREASE IN FIXED AMOUNT SUBAWARDS.
(a) In General.--The Administrator is authorized to permit
contractors to issue fixed amount subawards in excess of the monetary
cap provided for in section 200.333 of title 2, Code of Federal
Regulations (or any successor regulations), but not to exceed
$1,000,000, in a manner consistent with appropriate safeguards.
(b) Notification.--The Administrator shall notify the appropriate
congressional committees prior to any exercise of the authority of this
section.
SEC. 9. AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE GLOBAL
INNOVATION FUND.
(a) In General.--The United States is hereby authorized to
participate in the Global Innovation Fund.
(b) Board of Directors.--The Administrator is authorized to
designate an employee of USAID to serve on the Board of the Global
Innovation Fund as a representative of the United States.
(c) United States Contributions.--Amounts authorized to be
appropriated under chapters 1 and 10 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2293 et seq.),
chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.), and title II
of the BUILD Act of 2018 (22 U.S.C. 9601 et seq.) are authorized to be
made available for United States contributions to the Global Innovation
Fund.
SEC. 10. COLLABORATION WITH UNITED STATES INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION.
The Administrator is authorized to enter into agreements with the
Chief Executive Officer of the United States International Development
Finance Corporation to carry out joint innovation projects, including
through grants, contracts, and prize awards, including Innovation
Incentive Awards authorized under section 5(a), and private sector-led
development, through the use of blended finance, fixed payment rates
for desired outcomes, and other mechanisms, as authorized by law.
SEC. 11. GLOBAL INNOVATION STRATEGY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator, acting through the Chief
Innovation Officer, shall submit to the appropriate congressional
committees and make available to the public a 5-year strategy for the
purposes of prioritizing and expanding the use of innovation in
international development and humanitarian programs that--
(1) establishes an innovation coordination plan across
USAID operating units that includes the resources, training,
and staffing needs to exercise the authorities described in
sections 5, 6, and 7;
(2) discusses ongoing and planned reforms to formal and
informal incentives of USAID operating units and staff to
mainstream and document their use of evidence and cost-
effectiveness in strategic and programming decisions, and how
these reforms will encourage the adoption and scaling up of
proven solutions across USAID;
(3) outlines efforts to integrate innovation objectives,
including by using resources of USAID operating units to scale
up proven solutions, the use of grants, contracts, advanced
market commitments, and prize awards described in section 5
into USAID acquisition and assistance mechanisms and into
country and regional strategies;
(4) provides budgetary recommendations for scaling up
proven solutions in future fiscal years;
(5) outlines external efforts to improve partnership and
collaboration with relevant businesses, nongovernmental
organizations, science and research organizations, United
States Government organizations that pursue science,
technology, and research, universities engaged with innovation
applicable to the core work and mandate of USAID, partner
governments, and multilateral institutions;
(6) identifies USAID's approach to managing the goals of
expanded innovation with ensuring rigorous oversight of Federal
funds and plans to conduct monitoring and evaluation of all
activities conducted pursuant to this Act;
(7) outlines, in coordination with the Chief Executive
Officer of the United States International Development Finance
Corporation, a joint investment plan between USAID and the
United States International Development Finance Corporation to
exercise the authorities described in sections 5, 6, and 7;
(8) outlines steps the Administrator will take to evaluate
investments made by the United States International Development
Finance Corporation and prioritize future funding for scaling
up proven solutions from the United States International
Development Finance Corporation; and
(9) includes any other matters determined by the
Administrator to be appropriate.
(b) Country and Regional Strategies.--The Administrator shall
require--
(1) each newly-issued USAID Country Development Cooperation
Strategy, USAID Regional Development Cooperation Strategy, or
other USAID planning document, as determined by the
Administrator, to include a plan of action to promote
innovative development practices, as described in the strategy
required by subsection (a); and
(2) each USAID Country Development Cooperation Strategy,
USAID Regional Development Cooperation Strategy, or other USAID
planning document, in effect as of the date of the enactment of
this Act, to be updated in order to meet the requirements of
the strategy required by subsection (a).
SEC. 12. LIMITATIONS.
Concurrent with the submission of the Congressional Budget
Justification for Foreign Operations for each fiscal year, the
Administrator shall submit to the appropriate congressional committees
a detailed accounting of USAID's use of the authorities under this Act,
including the sources, amounts, and uses of funding for each such
authority.
SEC. 13. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of USAID.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(3) Chief innovation officer.--The term ``Chief Innovation
Officer'' means the Chief Innovation Officer established by
section 4(a).
(4) Cost-effective; cost-effectiveness.--The terms ``cost-
effective'' and ``cost-effectiveness'', with respect to a
process, technology, policy, or service, means the process,
technology, policy, or service produces more impact, such as in
terms of benefit or value, for the same cost or produces the
same impact for a lower cost as compared to another process,
technology, policy, or service.
(5) Innovation.--The term ``innovation'' means the
development and implementation of new processes, technologies,
policies, or services that provide a greater impact or are more
cost-effective than current practice.
(6) Innovation incentive award.--The term ``Innovation
Incentive Award'' means an award provided under section 5(a)
under which funding is provided on a competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem
relating to the alleviation of poverty or other
development priority;
(B) helps identify and promote a broad range of
ideas and practices, facilitating further development
of an idea or practice by third parties, relating to
the alleviation of poverty or other development
priority; or
(C) leverages new incentives for achieving a
desired result, including establishing fixed payment
rates for services, or outcomes, paid retroactively to
a provider upon verification of the provision of
service or the achievement of the desired outcome.
(7) Scale up.--The term ``scale up'', with respect to an
innovation that is proven solution (as such term is defined in
section 7(d)) to a development problem in one context, means
the application of the innovation to a development problem in
another context, such as a development problem in a different
geographic region or sector.
(8) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(9) USAID operating unit.--The term ``USAID operating
unit'' means a bureau, independent office, mission, or
representative office of USAID.
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118HR2825 | Prison Libraries Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2825 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2825
To establish a program to make grants for the establishment of prison
libraries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Cleaver (for himself, Ms. Jackson Lee, Ms. Brown, Ms. Lee of
California, Ms. Crockett, Mr. Carson, Ms. Adams, Mr. Payne, Mr. Johnson
of Georgia, Ms. Norton, Ms. Moore of Wisconsin, Ms. Tlaib, Mr. Carter
of Louisiana, Mrs. Watson Coleman, Ms. Williams of Georgia, Ms.
Pressley, Ms. Schakowsky, Mrs. Cherfilus-McCormick, Ms. Bush, Mr.
Raskin, Ms. Kamlager-Dove, Mrs. Foushee, Ms. Wilson of Florida, Mr.
Green of Texas, Ms. Lee of Pennsylvania, Mr. Grijalva, Mr. McGovern,
and Mr. Sablan) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a program to make grants for the establishment of prison
libraries.
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 ``Prison Libraries Act of 2023''.
SEC. 2. ESTABLISHMENT.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall establish a program to make grants to eligible
applicants for the purpose of providing library services to
incarcerated individuals in order to advance reintegration efforts,
reduce recidivism, and increase educational opportunities.
SEC. 3. ELIGIBILITY CRITERIA.
An eligible grantee under this Act is any State or territory that
submits an application that includes the following:
(1) A comprehensive plan for how the grant will be used,
including project objectives, program design, and evaluation
process.
(2) Proof of the existence of a physical library at a
correctional facility or the intention of creating one.
(3) Data on the demographics of the population of the
facility sufficient to demonstrate a compelling need for
funding, including educational level of prison population,
rates of recidivism, socioeconomic breakdown of the prison
population or any other relevant data.
SEC. 4. USE OF FUNDS.
Grant amounts shall be used to provide library services to
incarcerated individuals as set forth in section 2, and may include
usage for any of the following:
(1) Education and job training.
(2) Acquisition of modern materials and equipment that
reflect the interests, identities, abilities, and languages of
the prison population.
(3) Expansion of the infrastructure of prison libraries to
be less restrictive, safety permitted, and more welcoming with
design and decor.
(4) Hiring of qualified librarians and staff to manage the
libraries, their resources, and services and serve as the
social coordinator for organized activities and events, and who
hold the following qualifications:
(A) Have practical library management experience.
(B) Demonstrated ability to catalogue, archive, and
maintain databases and E-resources.
(C) Demonstrated ability to organize weekly, bi-
weekly, and monthly events and activities.
(5) Literary training.
(6) Digital literacy training.
(7) Career readiness programming.
(8) Civic engagement programs.
(9) Restorative justice programs.
(10) Resident led programs.
(11) Health and wellness activities.
(12) Cultural exchange and appreciation programs, events,
and activities.
(13) Computer (including laptops) and internet access.
(14) Book discussion programs.
(15) Language services, including free English classes.
(16) Audiobooks and accessible reading materials for the
visually impaired and print disabled.
(17) eBooks.
(18) Management of book donation programs.
(19) Audio and visual materials or multimedia.
(20) Artistic programing such as painting, creative
writing, poetry slams, drama, or music.
(21) Financial literacy.
(22) Family literacy activities facilitated during in-
person visits.
(23) Resource fairs.
(24) Making reasonable efforts towards building a working
relationship with local public libraries, including--
(A) adoption of a standardized guideline for
library management;
(B) sharing of resources and materials through an
interlibrary loan arrangement; and
(C) implementation of coordinated organized events
and activities.
SEC. 5. PROHIBITED USES.
Grant amounts may not be used for the following:
(1) Purchasing food, clothes, shoes, or hygiene supplies.
(2) Payment of employee salary and benefits unassociated
with prison libraries.
(3) Physical and mental care for incarcerated individuals.
(4) incarcerated individual transportation.
(5) Staff training unrelated to the library services.
(6) General administrative functions or operations of the
prison.
(7) Facility maintenance aside from the libraries.
(8) Other obligations imposed on the facility by law,
including establishment of maintenance of a law library.
(9) Any other use unrelated to library services, resources,
and management.
SEC. 6. PRIORITIZATION.
The Attorney General shall, in making grants under this Act,
comply with the following:
(1) The Attorney General shall prioritize making awards to
grantees that are the following:
(A) Applicants that follow local and or national
standards and guidelines for library management.
(B) Applicants that add or prioritize post-
secondary education curriculum to library programming.
(C) Applicants with plans for tangible, positive,
and measurable impact for their prison population,
including--
(i) plans for increasing literacy rates;
(ii) plans for increased secondary and
post-secondary enrollment and graduation rates;
(iii) plans for development of technical
and vocational skills;
(iv) plans for expanded access to
employment opportunities post-release; and
(v) any other factors that the Attorney
General determines appropriate.
(D) Applicants with plans for numerous initiatives
to maximize benefits and services for their prison
population.
(2) The Attorney General shall ensure geographic diversity
as between grantees with regard to the States and territories
and between urban and rural areas.
(3) The Attorney General shall establish a reporting system
to monitor progress, performance, and expenditures of grantees.
SEC. 7. TERM.
A grant under this Act shall be for term of one year, and may be
renewed annually for a period of not more than 6 years in total.
SEC. 8. REPORTING.
Grantees shall submit annual performance measures, including
library activity statistics and program outcomes, and expenditure
reports to systems established by the Attorney General under section
6(4).
SEC. 9. CONDITIONS.
(a) In General.--A grantee may not charge a fee to any incarcerated
individual for the following:
(1) Access to physical books.
(2) Access to eBook and audiobooks.
(3) Access to computers (including laptops) and the
internet within the library.
(4) Access to educational and artistic materials needed to
facilitate learning, training, and or activities, including
notebooks, pens, pencils, paints, and similar supplies.
(5) Printing services.
(6) Any other library services or resources.
(b) Availability for Educational Programming.--A grantee shall make
the library space available to post-secondary organizations and
personnel for educational programming.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2024 through 2029.
<all>
</pre></body></html>
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118HR2826 | Save Local Business Act | [
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... | <p><b>Save Local Business</b> <strong><strong>Act</strong></strong></p> <p>This bill provides that a person may be considered a joint employer in relation to an employee under federal labor law only if such person directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2826 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2826
To clarify the treatment of 2 or more employers as joint employers
under the National Labor Relations Act and the Fair Labor Standards Act
of 1938.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Comer (for himself, Ms. Foxx, Mr. Thompson of Pennsylvania, Mr.
Carter of Georgia, Mrs. Miller of Illinois, Mr. Donalds, Mr. Johnson of
Ohio, Ms. Letlow, Mr. LaTurner, Mr. Ellzey, Mr. Walberg, Mr. Moolenaar,
Ms. Stefanik, Mr. Allen, Mr. Fulcher, Mr. Babin, Mr. Perry, Mr. Duncan,
Mr. Bost, Mr. Langworthy, Ms. Mace, Mr. Owens, Mr. Collins, Mr. Weber
of Texas, Mr. Edwards, Mrs. Steel, Ms. Lee of Florida, Mr. Mann, Mr.
Timmons, Mr. Smucker, Mrs. Boebert, Mrs. Cammack, Mr. Higgins of
Louisiana, Ms. Greene of Georgia, Mrs. Miller-Meeks, Mr. Crawford, Mr.
Hern, Mr. Burchett, Mr. Rose, Mr. Guthrie, Mr. Fitzgerald, Mr. Kustoff,
Mr. Barr, Mr. Joyce of Ohio, Ms. Tenney, Mr. Norman, Mr. Ezell, Mr.
Good of Virginia, Mr. Kelly of Mississippi, Mr. Dunn of Florida, Mr.
Banks, Mr. C. Scott Franklin of Florida, Mr. Burlison, Mr. Moran, Mr.
Crenshaw, Mrs. Hinson, Mr. Wilson of South Carolina, Mr. Austin Scott
of Georgia, Mr. Burgess, Mr. Gooden of Texas, Mrs. Houchin, and Mr.
Guest) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To clarify the treatment of 2 or more employers as joint employers
under the National Labor Relations Act and the Fair Labor Standards Act
of 1938.
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 ``Save Local Business Act''.
SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT.
(a) National Labor Relations Act.--Section 2(2) of the National
Labor Relations Act (29 U.S.C. 152(2)) is amended--
(1) by striking ``The term `employer''' and inserting ``(A)
The term `employer'''; and
(2) 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, 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.''.
(b) 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--
(1) by striking ```Employer' includes'' and inserting ``(1)
`Employer' includes''; and
(2) 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.''.
<all>
</pre></body></html>
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118HR2827 | Partner with Korea Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2827 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2827
To provide high-skilled visas for nationals of the Republic of Korea,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Connolly (for himself and Mrs. Kim of California) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide high-skilled visas for nationals of the Republic of Korea,
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 ``Partner with Korea Act''.
SEC. 2. RECIPROCAL VISAS FOR NATIONALS OF SOUTH KOREA.
(a) In General.--Section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
(1) in clause (ii), by striking ``or'' after ``capital;'';
and
(2) by adding at the end ``or (iv) solely to perform
services in a specialty occupation in the United States if the
alien is a national of the Republic of Korea and with respect
to whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security and the Secretary of State that
the intending employer has filed with the Secretary of Labor an
attestation under section 212(t)(1);''.
(b) Numerical Limitation.--Section 214(g) of such Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
``(12)(A) The Secretary of State may not approve a number of
initial applications submitted for aliens described in section
101(a)(15)(E)(iv) that is more than the applicable numerical
limitations set out in this paragraph.
``(B) The applicable numerical limitation referred to in
subparagraph (A) is 15,000 for each fiscal year.
``(C) The applicable numerical limitation referred to in
subparagraph (A) shall only apply to principal aliens and not the
spouses or children of such aliens.''.
(c) Specialty Occupation Defined.--Section 214(i)(1) of such Act (8
U.S.C. 1184(i)(1)) is amended by striking ``section
101(a)(15)(E)(iii),'' and inserting ``clauses (iii) and (iv) of section
101(a)(15)(E),''.
(d) Attestation.--Section 212(t) of such Act (8 U.S.C. 1182(t)), as
added by section 402(b)(2) of the United States-Chile Free Trade
Agreement Implementation Act (Public Law 108-77; 117 Stat. 941), is
amended--
(1) by striking ``or section 101(a)(15)(E)(iii)'' each
place it appears and inserting ``or clause (iii) or (iv) of
section 101(a)(15)(E)''; and
(2) in paragraphs (3)(C)(i)(II), (3)(C)(ii)(II), and
(3)(C)(iii)(II), by striking ``or 101(a)(15)(E)(iii)'' each
place it appears.
<all>
</pre></body></html>
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118HR2828 | Family Building FEHB Fairness Act | [
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"co... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2828
To require Federal employee health benefit plans to include assisted
reproductive treatment benefits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Connolly (for himself, Ms. Mace, Ms. Norton, and Ms. Wasserman
Schultz) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To require Federal employee health benefit plans to include assisted
reproductive treatment 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 ``Family Building FEHB Fairness Act''.
SEC. 2. ASSISTED REPRODUCTIVE TREATMENT BENEFITS.
(a) In General.--Section 8904 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(G) Assisted reproductive treatment benefits.'';
and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(G) Assisted reproductive treatment benefits.'';
and
(2) by adding at the end the following new subsection:
``(c) Assisted Reproductive Treatment Defined.--In this section,
the term `assisted reproductive treatment' means any treatment or
procedure facilitating reproduction that includes the handling of human
oocytes, embryos, or sperm, including the following:
``(1) Assisted reproduction, including intravaginal
insemination, intracervical insemination and intrauterine
insemination.
``(2) In vitro fertilization.
``(3) Preservation of human oocytes, embryos, or sperm for
later reproductive use.
``(4) Such other treatments, procedures, medications,
laboratory services, and technologies facilitating reproduction
as determined appropriate by the Director of the Office of
Personnel Management.''.
(b) Implementation Timing.--The amendments made by this Act shall
take effect one year after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR2829 | Chronic Care Management Improvement Act of 2023 | [
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"D000615",
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] | <p><b>Chronic Care Management Improvement Act of </b><b>2023</b></p> <p>This bill eliminates cost-sharing for chronic care management services under Medicare.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2829 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2829
To amend title XVIII of the Social Security Act to remove cost-sharing
responsibilities for chronic care management services under the
Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Duncan (for himself and Ms. DelBene) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to remove cost-sharing
responsibilities for chronic care management services under the
Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Care Management Improvement
Act of 2023''.
SEC. 2. REMOVING COST-SHARING RESPONSIBILITIES FOR CHRONIC CARE
MANAGEMENT SERVICES UNDER PART B OF THE MEDICARE PROGRAM.
Section 1833 of the Social Security Act (42 U.S.C. 1395l) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (GG), by striking ``and'' at
the end; and
(B) in subparagraph (HH), by inserting before the
semicolon at the end the following: ``and (II) with
respect to chronic care management services (as
described in subsection (b)(8) of section 1848)
furnished on or after January 1, 2024, the amount paid
shall be an amount equal to 100 percent of the lesser
of the actual charge for such services or the amount
determined under such section;''; and
(2) in subsection (b), in the first sentence--
(A) in paragraph (12), by striking ``and'' at the
end; and
(B) in paragraph (13), by inserting before the
period at the end the following: ``, and (14) such
deductible shall not apply with respect to chronic care
management services (as described in section
1848(b)(8)) furnished on or after January 1, 2024''.
<all>
</pre></body></html>
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118HR283 | Preventing Unjust Red Flag Laws Act of 2023 | [
[
"C001120",
"Rep. Crenshaw, Dan [R-TX-2]",
"sponsor"
],
[
"M001212",
"Rep. Moore, Barry [R-AL-2]",
"cosponsor"
],
[
"D000032",
"Rep. Donalds, Byron [R-FL-19]",
"cosponsor"
]
] | <p><strong></strong><b>Preventing Unjust Red Flag Laws Act of 2023</b></p> <p>This bill prohibits the use of federal funds to implement or enforce red flag laws. The term <em>red flag law</em> means a risk-based, temporary, and preemptive protective order that authorizes the removal of a firearm without due process.<br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 283 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 283
To prohibit funding for the implementation and enforcement of Federal
red flag orders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Crenshaw introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit funding for the implementation and enforcement of Federal
red flag orders.
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 ``Preventing Unjust Red Flag Laws Act
of 2023''.
SEC. 2. PROHIBITION ON FUNDING FOR IMPLEMENTATION AND ENFORCEMENT OF
RED FLAG LAWS OR RULES.
(a) Prohibition on Funding.--None of the funds made available for
any Federal department or agency may be used to--
(1) implement or enforce Federal red flag laws; or
(2) provide assistance to States, local, tribal, or
territorial government departments or agencies for the
implementation or enforcement of red flag laws.
(b) Red Flag Law Defined.--In this section, the term ``red flag
law'' means a risk-based, temporary, and preemptive protective order
that authorizes the removal of a firearm without due process.
<all>
</pre></body></html>
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118HR2830 | Veteran Improvement Commercial Driver License Act of 2023 | [
[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2830 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2830
To amend title 38, United States Code, to revise the rules for approval
by the Secretary of Veterans Affairs of commercial driver education
programs for purposes of veterans educational assistance, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Edwards (for himself, Mr. Pappas, Mr. Crane, and Ms. Spanberger)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to revise the rules for approval
by the Secretary of Veterans Affairs of commercial driver education
programs for purposes of veterans educational assistance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Improvement Commercial
Driver License Act of 2023''.
SEC. 2. MODIFICATION OF RULES FOR APPROVAL OF COMMERCIAL DRIVER
EDUCATION PROGRAMS FOR PURPOSES OF VETERANS EDUCATIONAL
ASSISTANCE.
(a) In General.--Section 3680A(e) of title 38, United States Code,
is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) though (C), respectively;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by inserting ``(1)'' before ``The
Secretary'';
(3) in paragraph (1)(B), as redesignated by paragraph (1),
by inserting ``except as provided in paragraph (2),'' before
``the course''; and
(4) by adding at the end the following new paragraph (2):
``(2)(A) Subject to this paragraph, a commercial driver education
program is exempt from paragraph (1)(B) for a branch of an educational
institution if the commercial driver education program offered at the
branch by the educational institution--
``(i) is appropriately licensed; and
``(ii) uses the same curriculum as a commercial driver
education program offered by the educational institution at
another location that is approved for purposes of this chapter
by a State approving agency or the Secretary when acting in the
role of a State approving agency.
``(B)(i) In order for a commercial driver education program of an
educational institution offered at a branch described in paragraph
(1)(B) to be exempt under subparagraph (A) of this paragraph, the
educational institution shall submit to the Secretary each year that
paragraph (1)(B) would otherwise apply a report that demonstrates that
the curriculum at the new branch is the same as the curriculum at the
primary location.
``(ii) Reporting under clause (i) shall be submitted in accordance
with such requirements as the Secretary shall establish in consultation
with the State approving agencies.
``(C)(i) The Secretary may withhold an exemption under subparagraph
(A) for any educational institution or branch of an educational
institution as the Secretary considers appropriate.
``(ii) In making any determination under clause (i), the Secretary
may consult with the Secretary of Transportation on the performance of
a provider of a commercial driver program, including the status of the
provider within the Training Provider Registry of the Federal Motor
Carrier Safety Administration when appropriate.''.
(b) Implementation.--
(1) Establishment of requirements.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish requirements under section
3680A(e)(2)(B)(ii) of such title, as added by subsection (a).
(2) Applicability.--The amendments made by subsection (a)
shall apply to commercial driver education programs on and
after the date that is 180 days after the date on which the
Secretary establishes the requirements under paragraph (1) of
this subsection.
<all>
</pre></body></html>
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118HR2831 | Robert Parris Moses Congressional Gold Medal Act | [
[
"E000297",
"Rep. Espaillat, Adriano [D-NY-13]",
"sponsor"
],
[
"R000606",
"Rep. Raskin, Jamie [D-MD-8]",
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] | <p><b>Robert Parris Moses Congressional Gold Medal Act</b></p> <p>This bill provides for the award of a Congressional Gold Medal posthumously to Robert Parris Moses in recognition of his achievements and contributions to American education and civil rights.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2831 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2831
To award posthumously a Congressional Gold Medal to Robert Parris
Moses, in recognition of his achievements and contributions to
advancing American education and civil rights.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Espaillat (for himself and Mr. Raskin) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To award posthumously a Congressional Gold Medal to Robert Parris
Moses, in recognition of his achievements and contributions to
advancing American education and civil rights.
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 ``Robert Parris Moses Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Robert Parris Moses was born in Harlem, New York City,
on January 23, 1935.
(2) Robert Parris Moses is regarded as an influential civil
rights activist, peace activist, public education advocate, and
math literacy educator.
(3) Moses grew up in Harlem River Houses and was one of
only a handful of Black students at the time who was admitted
to Stuyvesant High School.
(4) Moses earned a scholarship to Hamilton College in
Clinton, New York, and subsequently obtained a master's degree
in philosophy from Harvard University in 1957.
(5) His doctorate studies in mathematics were halted due to
the death of his mother and the hospitalization of his father.
(6) In 1959, Moses helped with the second Youth March for
Integrated Schools in Washington, DC.
(7) Moses visited Mississippi in the summer of 1960, and
met with local National Association for the Advancement of
Colored People (NAACP) leaders who indicated the need to focus
on voter registration. He returned to Mississippi after
teaching the 1960-1961 school year in New York, where he
organized and registered thousands of poor, illiterate, and
rural Black residents to vote.
(8) As a leader of the Student Nonviolent Coordinating
Committee, in 1964, Moses helped organize the Mississippi
``Freedom'' Summer Project.
(9) Dr. Martin Luther King, Jr., called Moses'
``contribution to the freedom struggle in America'' an
``inspiration''.
(10) After Moses married Janet, they started a family in
Tanzania. He spent nearly a decade there teaching mathematics
and working with the Ministry of Education.
(11) Moses returned to the United States in 1976, and
continued his doctoral studies in Philosophy of Mathematics at
Harvard. He received a MacArthur Fellowship in 1982, which he
used to promote the Algebra Project.
(12) In founding the Algebra Project, Moses stated that K-
12 math literacy, like voting literacy, is key to full
citizenship for Americans from poor and minority communities as
our society shifts from the Industrial Age to the Information
Age.
(13) The Algebra Project is a non-profit dedicated to
helping students from historically marginalized communities,
including Black, Brown, and youth living in poverty, who often
hail from low-income households. Students develop math literacy
skills, which Bob Moses viewed as the path to permanently
improving their life circumstances, as well as the social and
economic conditions of their communities.
(14) The Algebra Project uses mathematics literacy as an
organizing tool to guarantee quality public-school education
for all children in the United States.
(15) The Algebra Project is one of the few mathematics
education initiatives to originate in the African-American
community.
(16) Since its inception in 1982, the Algebra Project has
helped more than 40,000 students in hundreds of schools
nationwide.
(17) In 1996, the Young People's Project was launched by
Algebra Project graduates from Cambridge, MA, and Algebra
Project middle school students from Jackson, Mississippi. The
Young People's Project recruits and trains high school and
college age ``Math Literacy Workers'' to facilitate enrichment
workshops for younger students in mathematics.
(18) For his work, Bob Moses has been honored, including
with an Honorary Doctor of Science from Harvard University and
Ohio State University, an Honorary Doctor of Laws from
Princeton University, the John Dewey Prize for Progressive
Education, a Lifetime Achievement Award from the National
Council of the Teachers of Mathematics, and was inducted to the
American Academy of Arts and Sciences.
(19) Moses wrote about his vision for education and
experiences. He was co-author of Radical Equations--Civil
Rights from Mississippi to the Algebra Project (2001), and co-
editor of Quality Education as a Constitutional Right--Creating
a Grassroots Movement to Transform America's Schools (2010).
(20) Moses wrote in Radical Equations that ``the most
urgent social issue affecting poor people and people of color,
is economic access. In today's world, economic access and full
citizenship depend crucially on math and science literacy. I
believe that the absence of math literacy in urban and rural
communities throughout this country is an issue as urgent as
the lack of registered Black voters in Mississippi was in
1961.''.
(21) Bob Moses passed away in Hollywood, Florida, on July
25, 2021.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Robert Parris Moses, in recognition of his achievements and
contributions to American education and civil rights.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
The design shall bear an image of, and inscription of the name of,
Robert Parris Moses.
(c) Authorized Recipient.--Following the award of the gold medal
under subsection (a), in honor of Moses, the gold medal shall be given
to Maisha Moses, Robert Parris Moses' daughter.
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 cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under 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>
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118HR2832 | National Land Bank Network Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2832 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2832
To require the Neighborhood Reinvestment Corporation to establish a
national land bank network, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Ferguson (for himself and Mr. Kildee) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Neighborhood Reinvestment Corporation to establish a
national land bank network, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Land Bank Network Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vacant and abandoned properties destabilize rural,
suburban, and urban neighborhoods across the United States by
creating fire and other public safety hazards, driving down
property values, and draining local tax dollars.
(2) The cost of repairs to maintain vacant and abandoned
properties, as well as the potential unpaid taxes and public
liens on vacant and abandoned properties, often exceed the
property values of vacant and abandoned properties, driving
away purchasers.
(3) The lack of an insurable and marketable title
frequently prevents vacant and abandoned properties from
returning to productive use.
(4) Low-income neighborhoods and communities of color
disproportionately bear the burden of living near vacant and
abandoned properties and the hazards associated with those
properties.
(5) Existing property disposition practices frequently
prioritize the ease of disposition and maximizing sale prices
instead of the needs of communities and homeowners.
(6) Land banks--
(A) have been developed to respond to the
challenges posed by vacant and abandoned properties;
and
(B) are primarily focused on the return of vacant,
abandoned, and tax delinquent properties to productive
use in accordance with locally determined goals and
priorities.
(7) Land banks, regardless of the location, size of
inventory, or duration of existence of a particular land bank,
share challenges in accessing best practices, research,
technical assistance, and other resources.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that a national land bank network would
provide the tools necessary to ensure that land banks--
(1) use best practices;
(2) operate transparently;
(3) prioritize positive community outcomes;
(4) develop partnerships and programming to drive community
redevelopment forward; and
(5) access education, expertise, and research to strengthen
the critical work of land banks in supporting equitable
communities.
SEC. 4. NATIONAL LAND BANK NETWORK.
(a) Definitions.--In this section:
(1) Corporation.--The term ``Corporation'' means the
Neighborhood Reinvestment Corporation established under the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101 et
seq.).
(2) Eligible entity.--The term ``eligible entity'' means a
national nonprofit organization that has demonstrated and
established expertise--
(A) in supporting the creation, implementation, and
operation of land banks; and
(B) relating to the systems, laws, and policies
that impact vacant, abandoned, and other problem
properties.
(3) Land bank.--The term ``land bank'' means a government
entity, agency, or program, or a special purpose nonprofit
entity formed by 1 or more units of government in accordance
with a State or local land bank enabling law, that has been
designated by 1 or more State or local governments to acquire,
steward, and dispose of vacant, abandoned, or other problem
properties in accordance with locally determined priorities and
goals.
(4) Member land bank.--The term ``member land bank'' means
a rural, suburban, or urban land bank that is a member of the
national land bank network.
(5) National land bank network.--The term ``national land
bank network'' means the membership-based national land bank
network established under subsection (b)(1).
(b) National Land Bank Network.--Not later than 180 days after the
date of enactment of this Act, the Corporation shall enter into a
contract with an eligible entity to establish and operate--
(1) a membership-based national land bank network; and
(2) the grant programs described in subsection (d).
(c) Duties.--The duties of the national land bank network shall be
to--
(1) provide technical assistance to member land banks to
support skills training, staffing support, and other
operational capacity needs of member land banks;
(2) work with rural, suburban, and urban communities that
are considering whether a land bank would be an appropriate
tool to address vacant, abandoned, and other problem properties
in those communities;
(3) provide the communities described in paragraph (2) with
technical assistance in the formation of a land bank;
(4) develop partnerships and programming to advance the
work of land banks;
(5) support engagement between land banks and local
communities;
(6) provide land banks with access to education, expertise,
and research that support the work of land banks, including
environmental hazard remediation, land reuse, and
rehabilitation of commercial and residential properties;
(7) support the participation of land banks in local
community planning processes;
(8) support the engagement of land banks with residents of
neighborhoods in which land banks operate;
(9) work with rural communities and land banks to ensure
that the grant programs established under subsection (d) and
education initiatives, expertise, and research of the national
land bank network address the specific challenges of rural
areas;
(10) support data collection by land banks to track and
evaluate the activities and outcomes of land banks; and
(11) support the use of specialized technology by land
banks--
(A) to enable strategic and targeted property
acquisition and disposition; and
(B) to facilitate the data collection described in
paragraph (10) in a standardized manner that enables
data to be aggregated and compared.
(d) Grant Programs.--
(1) In general.--The eligible entity with which the
Corporation enters into a contract under subsection (b) shall
develop and administer grant programs to support--
(A) land banks; and
(B) communities in the creation of new land banks.
(2) Authority.--The eligible entity described in paragraph
(1) may, with respect to the grant programs developed under
this subsection--
(A) design the grant programs;
(B) develop eligibility criteria for the grant
programs;
(C) disburse grant funds directly to--
(i) a land bank; or
(ii) a nonprofit organization, a community
organization, or 1 or more units of government
for the purpose of establishing a land bank;
and
(D) establish reporting requirements for recipients
of the grants.
(3) Applications.--A land bank or an entity described in
subparagraph (C)(ii) desiring a grant from a grant program
developed under this subsection shall submit to the eligible
entity described in paragraph (1) an application that includes
a plan for resident engagement in the use of any grant funds
that has a direct impact on the community.
(4) Reports.--Not later than 1 year after the date on which
a land bank or an entity described in paragraph (2)(C)(ii)
receives a grant from a grant program developed under this
section, and annually thereafter until 1 year after the date on
which the land bank or entity fully expends the funds from the
grant, the land bank or entity shall submit to the national
land bank network a report that includes a summary of the steps
undertaken to engage neighborhood residents relating to
activities funded by the grant that have a direct impact on the
community.
(e) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Corporation shall
submit to Congress a report describing, with respect to the preceding
fiscal year--
(1) the services provided to land banks by the national
land bank network; and
(2) the outcomes, qualitative impacts, and quantifiable
impacts that member land banks have had in the respective
communities of those member land banks.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Corporation to carry out this section--
(1) $10,000,000 for fiscal year 2024, of which not less
than $7,000,000 shall be used for the grant programs developed
under subsection (d); and
(2) $5,000,000 for each of fiscal years 2025 through 2034.
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118HR2833 | Pretrial Release Reporting Act | [
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... | <p><strong>Pretrial Release Reporting Act</strong></p> <p>This bill requires the Bureau of Justice Statistics to submit a report to Congress on individuals who are granted bail or pretrial release from state courts and are charged with violent felony offenses (e.g., murder or rape). </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2833 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2833
To require the Director of the Bureau of Justice Statistics to submit
to Congress a report relating to individuals granted bail and pretrial
release in State courts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Fitzgerald (for himself, Ms. Van Duyne, Mr. Gaetz, Mr. Fitzpatrick,
Mr. Tiffany, Ms. Stefanik, and Mr. Fry) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Director of the Bureau of Justice Statistics to submit
to Congress a report relating to individuals granted bail and pretrial
release in State courts, 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 ``Pretrial Release Reporting Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Multiple jurisdictions across the United States--
(A) broke annual homicide records in 2021; and
(B) have reported individuals committing violent
felony offenses after being granted bail or pretrial
release.
(2) The failure of felony defendants to appear for
mandatory court appearances and felony bail jumping has
increased in multiple jurisdictions across the United States.
(3) The most recent report issued by the Bureau of Justice
Statistics relating to the pretrial release of felony
defendants in State courts is from 2007.
(4) The National Pretrial Reporting Program of the Bureau
of Justice Statistics was created to collect information on
criminal justice processing of individuals charged with felony
offenses in State courts, with particular attention given to
pretrial release and detention.
(5) In 2020, the National Pretrial Reporting Program of the
Bureau of Justice Statistics awarded a grant of $2,000,000 to
collect information relating to individuals charged with felony
offenses and released from criminal pretrial detention.
(6) Neither the National Pretrial Reporting Program of the
Bureau of Justice Statistics nor the Bureau of Justice
Statistics has published any information relating to the
pretrial release of felony defendants in State courts since the
2020 grant award.
SEC. 3. REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of Bureau of Justice Statistics
shall submit to Congress a report on information relating to
individuals granted bail and pretrial release from State courts that
are charged with 1 or more of the following violent felony offenses:
(1) Murder or attempted murder.
(2) Manslaughter, other than involuntary manslaughter.
(3) Rape or attempted rape.
(4) Assault with the intent to commit murder.
(5) Assault with the intent to commit rape.
(6) Aggravated sexual abuse, sexual abuse, attempted sexual
abuse, or abusive sexual conduct.
(7) Battery or aggravated battery.
(8) Kidnapping.
(9) Robbery.
(10) Resisting or obstructing an officer.
(11) Carjacking.
(12) Recklessly endangering safety.
(13) Illegal possession of a firearm in the commission of a
felony.
(14) Any other violent felony offense tracked by the
jurisdiction in which the offense is committed.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) the number of individuals granted bail or pretrial
release from State courts that are charged with an offense
described in subsection (a);
(2) the number of individuals who, after being granted bail
or pretrial release, are rearrested or charged with an
additional violent felony offense;
(3) the percentage of individuals granted bail or pretrial
release from State courts who--
(A) are charged with a violent felony offense; and
(B) have a prior arrest or conviction for a violent
felony offense;
(4) with respect to the pretrial releases described in
paragraph (2) for which the pretrial release condition was
bail, the amount of bail granted for each individual;
(5) the number of missed mandatory court appearances by
individuals charged with a violent felony offense;
(6) the factors used by State courts for assessing whether
to grant bail or pretrial release to individuals who have prior
arrests or prior felony convictions for a violent felony
offense;
(7) with respect to individuals who have committed a
violent felony offense after being granted bail or pretrial
release, the classification of the violent felony offenses;
(8) the status, as of the date of enactment of this Act, of
the National Pretrial Reporting Program of the Bureau of
Justice Statistics and the activities of that Program; and
(9) an accounting for each fiscal year of the amounts that
the Department of Justice has expended, or transferred to
components of the Department of Justice, in order to collect
information on bail and pretrial release in State courts
including, with respect to any grants or contracts awarded for
that purpose, the amount and the purpose of the grant or
contract.
<all>
</pre></body></html>
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118HR2834 | Community Finance Language Inclusion Act of 2023 | [
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"V000130",... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2834 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2834
To amend the Community Development Banking and Financial Institutions
Act of 1994 to include in technical assistance provided by the
Community Development Financial Institutions Fund resources for non-
English speaking individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Garcia of Texas (for herself, Mrs. Beatty, Mr. Nickel, Mr. Green of
Texas, and Mr. Vargas) introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Community Development Banking and Financial Institutions
Act of 1994 to include in technical assistance provided by the
Community Development Financial Institutions Fund resources for non-
English speaking individuals, 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 Finance Language Inclusion
Act of 2023''.
SEC. 2. INCLUSION OF RESOURCES FOR NON-ENGLISH SPEAKING INDIVIDUALS IN
TECHNICAL ASSISTANCE PROVIDED BY THE COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS FUND.
Section 108(c)(1) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4707(c)(1)) is amended--
(1) by striking ``and development'' and inserting ``,
development''; and
(2) by striking ``products.'' and inserting ``products, and
the provision of outreach and resources for non-English
speaking individuals or individuals with limited English
proficiency.''.
<all>
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118HR2835 | Multilingual Financial Literacy Act | [
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"V000130",... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2835 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2835
To require the Financial Literacy and Education Commission to carry out
a study on the impact of language barriers to financial health, to
require the website and toll-free telephone number of the Commission to
be provided in the most commonly spoken languages in the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Garcia of Texas (for herself, Mrs. Beatty, Mr. Nickel, Mr. Green of
Texas, and Mr. Vargas) introduced the following bill; which was
referred to the Committee on Financial Services, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require the Financial Literacy and Education Commission to carry out
a study on the impact of language barriers to financial health, to
require the website and toll-free telephone number of the Commission to
be provided in the most commonly spoken languages 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 ``Multilingual Financial Literacy
Act''.
SEC. 2. STUDY ON THE IMPACT OF LANGUAGE BARRIERS TO FINANCIAL HEALTH.
(a) Study.--The Financial Literacy and Education Commission shall
carry out a study on the impact of language barriers to financial
health, including access to financial literacy education and training,
credit score outcomes, the cost of credit, and homebuying across groups
with limited English proficiency.
(b) Consultation.--In carrying out the study required under
subsection (a), the Financial Literacy and Education Commission shall
consult with every agency represented on the Commission.
(c) Report.--Not later than the end of the 6-month period beginning
on the date of enactment of this Act, the Financial Literacy and
Education Commission shall issue a report to the Committee on Financial
Services of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) analyzing the need for language accessibility across
the financial services industry, including an identification of
any industries in which information is provided solely in one
language, highlighting any products, services, or other
financial offerings with information which is limited in their
availability beyond English.
SEC. 3. LANGUAGE ACCESS TO COMMISSION WEBSITE AND TOLL-FREE TELEPHONE
NUMBER.
(a) In General.--Section 514 of the Financial Literacy and
Education Improvement Act (20 U.S.C. 9703) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and'';
(C) by adding at the end the following:
``(F) be provided in at least 8 of the most
commonly spoken languages in the United States, as
determined by the Bureau of the Census.''; and
(D) by adding at the end the following:
``(3) Information on language resources from federal
agencies.--The website established under paragraph (1) shall
contain a separate website that provides--
``(A) information on which Federal agencies provide
financial literacy and education resources in languages
other than English, including which resources are
available in which languages; and
``(B) guidance on where individuals can find
Federal agency resources in a particular language for
various topic areas.
``(4) Translation services provided by the department of
the treasury.--The Secretary of the Treasury shall provide the
translation services necessary to comply with the language
requirement under paragraph (2)(F).'';
(2) in subsection (c), by adding at the end the following:
``The toll-free telephone number shall provide verbal
assistance to members of the public in each of the 8 most
commonly spoken languages in the United States, as determined
by the Bureau of the Census. The Secretary of the Treasury
shall provide the staff necessary to comply with such language
requirement.''; and
(3) by adding at the end the following:
``(j) Language Access to Federal Agency Information.--The
Commission shall coordinate and promote efforts of Federal agencies to
make all financial literacy and education resources of Federal agencies
available in each of the 8 most commonly spoken languages in the United
States, as determined by the Bureau of the Census.''.
(b) Application.--The provisions of law added by this section shall
apply after the end of the 1-year period beginning on the date of
enactment of this Act.
SEC. 4. POLICY RECOMMENDATIONS.
Not later than the end of the 12-month period beginning on the date
of enactment of this Act, the Financial Literacy and Education
Commission shall issue a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate containing--
(1) legislative and regulatory recommendations on how to
address barriers to financial inclusion caused by language
barriers, including financial literacy education and training
and the role that emerging technology and financial products
play in helping or harming communities with limited English
proficiency;
(2) a summary of--
(A) the actions taken by the Commission to
implement the amendments made by section 3; and
(B) any actions taken by individual Federal
agencies that are members of the Commission to make
financial literacy and education resources of the
agency available to the public in each of the 8 most
commonly spoken languages in the United States, as
determined by the Bureau of the Census; and
(3) an estimate of the cost needed--
(A) to implement the amendments made by section 3;
and
(B) for each Federal agency that is a member of the
Commission to make financial literacy and education
resources of the agency available to the public in each
of the 8 most commonly spoken languages in the United
States, as determined by the Bureau of the Census.
SEC. 5. ANNUAL REPORT ON FINANCIAL LITERACY.
Section 514(h)(2) of the Financial Literacy and Education
Improvement Act (20 U.S.C. 9703(h)(2)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (O);
and
(3) by inserting after subparagraph (I) the following:
``(J) a summary of the Commission's efforts over
the previous year to increase financial literacy across
all member agencies of the Commission;
``(K) an analysis of where there are financial
literacy needs across different groups, including
information by age group, socioeconomic status, race,
ethnicity, and language preference;
``(L) an analysis of limited access to credit and
disparate credit scoring across different groups,
including information by age group, gender, sexual
orientation, socioeconomic status, race, ethnicity, and
language preference;
``(M) an explanation of how a lack of financial
literacy, systemic barriers, and other obstacles result
in a wealth gap across different groups, including
information by age group, gender, sexual orientation,
socioeconomic status, race, ethnicity, and language
preference;
``(N) proposals and potential policy solutions for
addressing barriers to financial literacy, disparate
credit scoring, and the wealth gap; and''.
<all>
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118HR2836 | Cash to Classrooms Act | [
[
"G000061",
"Rep. Garcia, Mike [R-CA-27]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2836 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2836
To prohibit States from utilizing a funding formula for public schools
that is based on calculating the average daily attendance of students
over a State-determined period of time.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Mike Garcia of California introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To prohibit States from utilizing a funding formula for public schools
that is based on calculating the average daily attendance of students
over a State-determined period of time.
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 ``Cash to Classrooms Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Only 7 State governments use a funding formula for
public schools reliant on calculating the average number of
students in seats in district schools calculated over a State-
determined period of time.
(2) Multiple studies show that average daily attendance
formulas are more susceptible to absenteeism issues and can
result in significantly decreased funding for certain schools.
(3) Many schools who suffer from chronic absenteeism serve
socioeconomically disadvantaged groups, such as low income and
minority students.
(4) Under average daily attendance formulas, schools who
serve disadvantaged groups who are more likely to suffer higher
rates of absenteeism lose more funding than other schools,
which creates a lack of resources to address absenteeism.
SEC. 3. PROHIBITING THE USE OF AVERAGE DAILY ATTENDANCE FOR PUBLIC
SCHOOL FUNDING FORMULAS.
No State shall utilize a funding formula for public schools that is
based on calculating the average daily attendance of students over a
State-determined period of time.
<all>
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118HR2837 | Border Patrol Pay Parity Act | [
[
"G000594",
"Rep. Gonzales, Tony [R-TX-23]",
"sponsor"
],
[
"G000596",
"Rep. Greene, Marjorie Taylor [R-GA-14]",
"cosponsor"
],
[
"S001222",
"Rep. Santos, George [R-NY-3]",
"cosponsor"
],
[
"B001291",
"Rep. Babin, Brian [R-TX-36]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2837 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2837
To provide for higher minimum pay for certain U.S. Border Patrol
agents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Tony Gonzales of Texas introduced the following bill; which was
referred to the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To provide for higher minimum pay for certain U.S. Border Patrol
agents, 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 ``Border Patrol Pay Parity Act''.
SEC. 2. HIGHER MINIMUM PAY FOR CERTAIN U.S. BORDER PATROL AGENTS.
(a) Higher Minimum Rate of Pay.--Not later than January 1, 2024,
the Director of the Office of Personnel Management--
(1) shall, in accordance with section 5305 of title 5,
United States Code--
(A) increase the minimum rate of pay for U.S.
Border Patrol agents at the grade GS-12 of the General
Schedule by not less than 14 percent; and
(B) increase other grades or levels, occupational
groups, series, classes, or subdivisions thereof, as
determined by the Secretary of Homeland Security; and
(2) may make increases in all rates in the pay range for
each such grade or level, in accordance with such section 5305.
(b) Inapplicability.--The discretion granted to agency heads under
section 5305(a)(2) of title 5, United States Code, shall not apply to
increase in rates of pay authorized under subsection (a).
<all>
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118HR2838 | National Association for Stock Car Auto Racing (NASCAR) 75th Anniversary Commemorative Coin Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2838 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2838
To require the Secretary of the Treasury to mint coins in commemoration
of the 75th anniversary of what is recognized as the first sanctioning
body created to promote a unified series of competitions, with an
organized group of race car drivers. The first such recognized race was
held at Daytona Beach on February 15, 1948, under the sanctioning of
the ``National Association for Stock Car Auto Racing'' (NASCAR).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Graves of Louisiana (for himself and Mr. Jackson of North Carolina)
introduced the following bill; which was referred to the Committee on
Financial Services, 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 require the Secretary of the Treasury to mint coins in commemoration
of the 75th anniversary of what is recognized as the first sanctioning
body created to promote a unified series of competitions, with an
organized group of race car drivers. The first such recognized race was
held at Daytona Beach on February 15, 1948, under the sanctioning of
the ``National Association for Stock Car Auto Racing'' (NASCAR).
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 Association for Stock Car
Auto Racing (NASCAR) 75th Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
This Congress finds the following:
(1) On February 15, 2023, the National Association for
Stock Car Auto Racing (NASCAR) observed the 75th anniversary of
the first race hosted by a sanctioning body, held at Daytona
Beach, Florida.
(2) In December 1947, Bill France, Sr., organized several
meetings at the Streamline Hotel in Daytona Beach, Florida, at
which time his vision of an organized group of race car drivers
was conceived.
(3) On February 15, 1948, Red Bryon won the first
sanctioned body event, defeating Marshall Teague on the Daytona
Beach road course.
(4) More than 41,000 fans attended the Inaugural Daytona
500 on February 22, 1959, won by Lee Petty.
(5) At the Jacksonville, Florida, Speedway on December 1,
1963, Wendell Scott became the first Black driver to win a
NASCAR sanctioned race.
(6) In 1977, Janet Guthrie became the first woman to
compete in the Daytona 500.
(7) On February 18, 1979, CBS televised the first live
coverage of the Daytona 500.
(8) In August 1994, the Indianapolis Motor Speedway was
added to the race schedule.
(9) Betty Jane France founded The NASCAR Foundation in
2006, supporting causes that work to improve the lives of
children in need.
(10) On May 23, 2020, the inaugural NASCAR Hall of Fame
class (Bill France, Sr., Bill France, Jr., Richard Petty, Dale
Earnhardt, and Junior Johnson) is inducted in Charlotte, North
Carolina.
(11) Danica Patrick becomes the first female to win a pole
in the Daytona 500 in 2013.
(12) Jimmie Johnson makes history with his record-tying
seventh race championship on November 20, 2016.
(13) Before a sold-out crowd of 101,500 fans at the Daytona
International Speedway on February 20, 2022, the Next-Gen car
debuted in the 64th annual Daytona 500.
(14) NASCAR has grown from the small organization formed on
the sands of Daytona Beach to one of the most popular sports in
the world.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue $1
coins in recognition of the NASCAR 75th anniversary, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain not less than 90 percent silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGNS OF COINS.
(a) Design Requirements.--
(1) In general.--The design of coins minted under this Act
shall be emblematic of the National Association for Stock Car
Auto Racing and the competitive spirit of American auto racing
enthusiasts.
(2) Designs and inscriptions.--On the coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2023''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The designs for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
NASCAR Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility in the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2023.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $20 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to The NASCAR Foundation for application to general expenses
associated with the fulfillment of the mission of The NASCAR
Foundation.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in subsection (b) as may
be related to the expenditures of amounts paid under that subsection.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as a result of the time of such issuance,
the issuance of such coin would result in the number of commemorative
coin programs issued during such year to exceed the annual 2
commemorative coin program issuance limitation under section 5112
(m)(1) of title 31, United States Code (as in effect on the date of the
enactment of this Act). The Secretary of the Treasury may issue
guidance to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
SEC. 9. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
section shall not be entered on either PAYGO Scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010
(U.S.C. 933(d)).
(b) Senate PAYGO Scorecards.--The budgetary effects of this section
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4105 of H. Con. Res.71 (115th Congress).
<all>
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118HR2839 | To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes. | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2839 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2839
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering rights of the Confederated Tribes of
Siletz Indians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Hoyle of Oregon (for herself, Mr. Blumenauer, Ms. Bonamici, Mrs.
Chavez-DeRemer, and Ms. Salinas) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Siletz Reservation Act to address the hunting, fishing,
trapping, and animal gathering rights of the Confederated Tribes of
Siletz Indians, 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. SILETZ RESERVATION ACT AMENDMENT.
Section 4 of Public Law 96-340 (commonly known as the ``Siletz
Reservation Act'') (94 Stat. 1074) is amended to read as follows:
``SEC. 4. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of Siletz Indians of Oregon against State
of Oregon', entered on May 2, 1980.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Siletz agreement.--The term `Siletz Agreement' means
the agreement entitled `Agreement Among the State of Oregon,
the United States of America and the Confederated Tribes of the
Siletz Indians of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Gathering Rights of the Siletz Tribe and
its Members' and entered into by the United States on April 22,
1980.
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Siletz Agreement shall remain in
effect until and unless replaced, amended, or otherwise
modified by 1 or more successor government-to-government
agreements between the Confederated Tribes of Siletz Indians
and the State of Oregon relating to the hunting, fishing,
trapping, and animal gathering rights of the Confederated
Tribes of Siletz Indians.
``(2) Amendments.--The Siletz Agreement or any successor
agreement entered into under paragraph (1) may be amended from
time to time by mutual consent of the Confederated Tribes of
Siletz Indians and the State of Oregon.
``(3) Contents of new agreement or amendments.--The Siletz
Agreement or any successor agreement entered into under
paragraph (1) shall not provide for exclusive or primary Siletz
take opportunity outside the exterior boundaries of the 1855
Executive Order Siletz Coast Reservation (as described in
section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act
(Public Law 95-195; 91 Stat. 1418; 130 Stat. 1364)) relative to
any other federally recognized Indian Tribe, and shall not
provide for new or expanded take of fishery resources in the
Columbia River or in the Willamette River from its mouth to the
top of Willamette Falls.
``(c) Judicial Review.--In any action brought in the United States
District Court for the District of Oregon to rescind, overturn, modify,
or provide relief under Federal law from the Consent Decree, the United
States District Court for the District of Oregon shall review the
application of the parties on the merits without regard to the defense
of res judicata or collateral estoppel.
``(d) Effect.--Nothing in this section enlarges, confirms,
adjudicates, affects, or modifies any treaty or other right of an
Indian Tribe.''.
<all>
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118HR284 | United States-Mexico Tourism Improvement Act of 2023 | [
[
"C001063",
"Rep. Cuellar, Henry [D-TX-28]",
"sponsor"
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] | <p><b>United States-Mexico Tourism Improvement Act of 2023 </b></p> <p>This bill requires the Department of State to develop and report to Congress a strategy to improve bilateral tourism between the United States and Mexico and third-party tourism to the two countries. The strategy shall (1) involve dialogue and cooperation between the two governments; and (2) prioritize sectors including hospitality, retail, and cultural education. <br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 284 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 284
To promote bilateral tourism through cooperation between the United
States and Mexico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Cuellar (for himself and Mr. McCaul) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To promote bilateral tourism through cooperation between the United
States and Mexico.
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 ``United States-Mexico Tourism
Improvement Act of 2023''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue deepening bilateral tourism through
governmental cooperation between the United States and Mexico;
(2) to improve third-party tourism to the United States and
Mexico through joint international promotional efforts; and
(3) to seek to prioritize and expand the tourism industries
in both countries by emphasizing exchanges in various
international economic sectors, including relating to--
(A) hospitality and accommodation;
(B) retail; and
(C) cultural education.
SEC. 3. STRATEGY TO EXPAND BILATERAL TOURISM THROUGH COOPERATION WITH
MEXICO.
(a) In General.--The Secretary of State shall develop a strategy
through the High Level Economic Dialogue (HLED) platform to carry out
the bilateral tourism policy described in section 2 and to encourage
the Government of Mexico to take reciprocal action relating to
bilateral tourism.
(b) Elements.--The strategy required under subsection (a) shall--
(1) encourage more joint tourism initiatives between the
United States and Mexico, including collaborations between
governmental and nongovernmental entities; and
(2) encourage United States and Mexican nonprofit
institutions and private businesses to assist prospective and
developing entrepreneurs in strengthening their business skills
in the United States and Mexico.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report on the strategy required under subsection (a).
<all>
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118HR2840 | AID Youth Employment Act | [
[
"K000385",
"Rep. Kelly, Robin L. [D-IL-2]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2840 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2840
To amend the Workforce Innovation and Opportunity Act to provide
funding, on a competitive basis, for summer and year-round employment
opportunities for youth ages 14 through 24.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Kelly of Illinois introduced the following bill; which was referred
to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act to provide
funding, on a competitive basis, for summer and year-round employment
opportunities for youth ages 14 through 24.
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 ``Assisting In Developing Youth
Employment Act'' or the ``AID Youth Employment Act''.
SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES.
Title I of the Workforce Innovation and Opportunity Act is
amended--
(1) by redesignating subtitle E (29 U.S.C. 3241 et seq.) as
subtitle F; and
(2) by inserting after subtitle D (29 U.S.C. 3221 et seq.)
the following:
``Subtitle E--Youth Employment Opportunities
``SEC. 176. DEFINITIONS.
``In this subtitle:
``(1) Eligible youth.--The term `eligible youth' means an
individual who--
``(A) is not younger than age 14 or older than age
24; and
``(B) is--
``(i) an in-school youth;
``(ii) an out-of-school youth; or
``(iii) an unemployed individual.
``(2) Indian tribe; tribal organization.--The terms `Indian
tribe' and `tribal organization' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) In-school youth; out-of-school youth.--The terms `in-
school youth' and `out-of-school youth' have the meanings given
the terms in section 129(a)(1).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(5) Marginalized.--The term `marginalized', used with
respect to an individual, includes individuals who are
homeless, in foster care, involved in the juvenile or criminal
justice system, or are not enrolled in or at risk of dropping
out of an educational institution and who live in an
underserved community that has faced trauma through acute or
long-term exposure to substantial discrimination, historical or
cultural oppression, intergenerational poverty, civil unrest, a
high rate of violence, or a high rate of drug overdose
mortality.
``(6) Subsidized employment.--The term `subsidized
employment' means employment for which the employer receives a
total or partial subsidy to offset costs of employing an
eligible youth under this subtitle.
``(7) Tribal area.--The term `tribal area' means--
``(A) an area on or adjacent to an Indian
reservation;
``(B) land held in trust by the United States for
Indians;
``(C) a public domain Indian allotment;
``(D) a former Indian reservation in Oklahoma; and
``(E) land held by an incorporated Native group,
Regional Corporation, or Village Corporation under the
provisions of the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
``(8) Tribal college or university.--The term `tribal
college or university' has the meaning given the term `Tribal
College or University' in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
``(9) Tribally designated housing entity.--The term
`tribally designated housing entity', used with respect to an
Indian tribe (as defined in this section), has the meaning
given in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103).
``SEC. 176A. ALLOCATION OF FUNDS.
``(a) Allocation.--Of the funds appropriated under section 176E
that remain available after any reservation under subsection (b), the
Secretary may make available--
``(1) not more than $1,800,000,000 in accordance with
section 176B to provide eligible youth with subsidized summer
employment opportunities; and
``(2) not more than $2,400,000,000 in accordance with
section 176C to provide eligible youth with subsidized year-
round employment opportunities.
``(b) Reservation.--The Secretary may reserve not more than 10
percent of the funds appropriated under section 176E to provide
technical assistance and oversight, in order to assist eligible
entities in applying for and administering grants awarded under this
subtitle.
``SEC. 176B. SUMMER EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(1), the Secretary shall award, on a competitive basis,
planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a
summer youth employment program to provide subsidized
summer employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program, to provide such
opportunities.
``(b) Periods and Amounts of Grants.--
``(1) Planning grants.--The Secretary may award a planning
grant under this section for a 1-year period, in an amount of
not more than $250,000.
``(2) Implementation grants.--The Secretary may award an
implementation grant under this section for a 3-year period, in
an amount of not more than $6,000,000.
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall--
``(A) be a--
``(i) State, local government, or Indian
tribe or tribal organization, that meets the
requirements of paragraph (2); or
``(ii) community-based organization that
meets the requirements of paragraph (3); and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in
paragraph (4).
``(2) Government partnerships.--An entity that is a State,
local government, or Indian tribe or tribal organization
referred to in paragraph (1) shall demonstrate that the entity
has entered into a partnership with State, local, or tribal
entities--
``(A) that shall include--
``(i) a local educational agency or tribal
educational agency (as defined in section 6132
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7452));
``(ii) a local board or tribal workforce
development agency;
``(iii) a State, local, or tribal agency
serving youth under the jurisdiction of the
juvenile justice system or criminal justice
system;
``(iv) a State, local, or tribal child
welfare agency;
``(v) a State, local, or tribal agency or
community-based organization, with--
``(I) expertise in providing
counseling services, and trauma-
informed and gender-responsive trauma
prevention, identification, referral,
and support (including treatment)
services; and
``(II) a proven track record of
serving low-income vulnerable youth and
out-of-school youth;
``(vi) if the State, local government, or
Indian tribe or tribal organization is seeking
an implementation grant, and has not
established a summer youth employment program,
an entity that is carrying out a State, local,
or tribal summer youth employment program; and
``(vii) an employer or employer
association; and
``(B) that may include--
``(i) an institution of higher education or
tribal college or university;
``(ii) a representative of a labor or
labor-management organization;
``(iii) an entity that carries out a
program that receives funding under the
Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5601 et seq.) or section 212
of the Second Chance Act of 2007 (42 U.S.C.
17532);
``(iv) a collaborative applicant as defined
in section 401 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360) or a private
nonprofit organization that serves homeless
individuals and households (including such an
applicant or organization that serves
individuals or households that are at risk of
homelessness in tribal areas) or serves foster
youth;
``(v) an entity that carries out a program
funded under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), including Native American programs
funded under section 116 of that Act (20 U.S.C.
2326) and tribally controlled postsecondary
career and technical institution programs
funded under section 117 of that Act (20 U.S.C.
2327);
``(vi) a local or tribal youth committee;
``(vii) a State or local public housing
agency or a tribally designated housing entity;
and
``(viii) another appropriate State, local,
or tribal agency.
``(3) Community-based organization partnerships.--A
community-based organization referred to in paragraph (1) shall
demonstrate that the organization has entered into a
partnership with State, local, or tribal entities--
``(A) that shall include--
``(i) a unit of general local government or
tribal government;
``(ii) an agency described in paragraph
(2)(A)(i);
``(iii) a local board or tribal workforce
development agency;
``(iv) a State, local, or tribal agency
serving youth under the jurisdiction of the
juvenile justice system or criminal justice
system;
``(v) a State, local, or tribal child
welfare agency;
``(vi) if the organization is seeking an
implementation grant, and has not established a
summer youth employment program, an entity that
is carrying out a State, local, or tribal
summer youth employment program; and
``(vii) an employer or employer
association; and
``(B) that may include one or more entities
described in paragraph (2)(B).
``(4) Entities eligible for particular grants.--
``(A) Entities eligible for planning grants.--The
Secretary may award a planning grant under this section
to an eligible entity that--
``(i) is preparing to establish or expand a
summer youth employment program that meets the
minimum requirements specified in subsection
(d); and
``(ii) has not received a grant under this
section.
``(B) Entities eligible for implementation
grants.--
``(i) In general.--The Secretary may award
an implementation grant under this section to
an eligible entity that--
``(I) has received a planning grant
under this section; or
``(II) has established a summer
youth employment program and
demonstrates a minimum level of
capacity to enhance or expand the
summer youth employment program
described in the application submitted
under subsection (d).
``(ii) Capacity.--In determining whether an
entity has the level of capacity referred to in
clause (i)(II), the Secretary may include as
capacity--
``(I) the entity's staff capacity
and staff training to deliver youth
employment services; and
``(II) the entity's existing youth
employment services (as of the date of
submission of the application submitted
under subsection (d)) that are
consistent with the application.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this section
for a summer youth employment program shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning
or implementation grant--
``(i) a description of the eligible youth
for whom summer employment services will be
provided;
``(ii) a description of the eligible
entity, and a description of the expected
participation and responsibilities of each of
the partners in the partnership described in
subsection (c);
``(iii) information demonstrating
sufficient need for the grant in the State,
local, or tribal population, which may include
information showing--
``(I) a high level of unemployment
among youth (including young adults)
ages 14 through 24;
``(II) a high rate of out-of-school
youth;
``(III) a high rate of
homelessness;
``(IV) a high rate of poverty;
``(V) a high rate of adult
unemployment;
``(VI) a high rate of community or
neighborhood crime;
``(VII) a high rate of violence; or
``(VIII) a high level or rate on
another indicator of need;
``(iv) a description of the strategic
objectives the eligible entity seeks to achieve
through the program to provide eligible youth
with core work readiness skills, which may
include--
``(I) financial literacy skills,
including providing the support
described in section 129(b)(2)(D);
``(II) sector-based technical
skills aligned with employer needs;
``(III) skills that--
``(aa) are soft employment
skills, early work skills, or
work readiness skills; and
``(bb) include social
skills, communications skills,
higher-order thinking skills,
self-control, and positive
self-concept; and
``(IV) (for the marginalized
eligible youth) basic skills like
communication, math, and problem
solving in the context of training for
advancement to better jobs and
postsecondary training; and
``(v) information demonstrating that the
eligible entity has obtained commitments to
provide the non-program share described in
paragraph (2) of subsection (h).
``(B) With respect to an application for a planning
grant--
``(i) a description of the intermediate and
long-term goals for planning activities for the
duration of the planning grant;
``(ii) a description of how grant funds
will be used to develop a plan to provide
summer employment services for eligible youth;
``(iii) a description of how the eligible
entity will carry out an analysis of best
practices for identifying, recruiting, and
engaging program participants, in particular
the marginalized eligible youth;
``(iv) a description of how the eligible
entity will carry out an analysis of best
practices for placing youth participants--
``(I) in opportunities that--
``(aa) are appropriate
subsidized employment
opportunities with employers
based on factors including age,
skill, experience, career
aspirations, work-based
readiness, and barriers to
employment; and
``(bb) may include
additional services for
participants, including core
work readiness skill
development and mentorship
services;
``(II) in summer employment that--
``(aa) is not less than 6
weeks;
``(bb) follows a schedule
of not more than 20 hours per
week;
``(cc) pays wages at rates
not less than the applicable
Federal, State, or local
minimum wage rate; and
``(dd) for employment
involving construction, pays
wages at rates not less than
those previously on similar
construction in the locality as
determined by the Secretary in
accordance with subchapter IV
of chapter 31 of title 40,
United States Code (commonly
known as the `Davis-Bacon
Act'); and
``(v) a description of how the eligible
entity plans to develop a mentorship program or
connect youth with positive, supportive
mentorships, consistent with paragraph (3).
``(C) With respect to an application for an
implementation grant--
``(i) a description of how the eligible
entity plans to identify, recruit, and engage
program participants, in particular the
marginalized eligible youth;
``(ii) a description of the manner in which
the eligible entity plans to place eligible
youth participants in subsidized employment
opportunities, and in summer employment,
described in subparagraph (B)(iv);
``(iii) (for a program serving the
marginalized eligible youth), a description of
workplaces for the subsidized employment
involved, which may include workplaces in the
public, private, and nonprofit sectors;
``(iv) a description of how the eligible
entity plans to provide or connect eligible
youth participants with positive, supportive
mentorships, consistent with paragraph (3);
``(v) a description of services that will
be available to employers participating in the
youth employment program, to provide
supervisors involved in the program with
coaching and mentoring on--
``(I) how to support youth
development;
``(II) how to structure learning
and reflection; and
``(III) how to deal with youth
challenges in the workplace;
``(vi) a description of how the eligible
entity plans to offer structured pathways back
into employment and a youth employment program
under this section for eligible youth who have
been terminated from employment or removed from
the program;
``(vii) a description of how the eligible
entity plans to engage eligible youth beyond
the duration of the summer employment
opportunity, which may include--
``(I) developing or partnering with
a year-round youth employment program;
``(II) referring eligible youth to
other year-round programs, which may
include--
``(aa) programs funded
under section 176C or the Carl
D. Perkins Career and Technical
Education Act of 2006 (20
U.S.C. 2301 et seq.);
``(bb) after school
programs;
``(cc) secondary or
postsecondary education
programs;
``(dd) training programs;
``(ee) cognitive behavior
therapy programs;
``(ff) apprenticeship
programs; and
``(gg) national service
programs;
``(III) employing a full-time,
permanent staff person who is
responsible for youth outreach,
followup, and recruitment; or
``(IV) connecting eligible youth
with job development services,
including career counseling, resume and
job application assistance, interview
preparation, and connections to job
leads;
``(viii) evidence of the eligible entity's
capacity to provide the services described in
this subsection; and
``(ix) a description of the quality of the
summer youth employment program, including a
program that leads to a recognized
postsecondary credential.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a summer
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the Secretary
develops after consultation with the tribe or organization.
``(3) Mentor.--For purposes of subparagraphs (B)(iv),
(B)(v), and (C)(iv) of paragraph (1), a mentor--
``(A) shall be an individual who has been matched
with an eligible youth based on the youth's needs;
``(B) shall make contact with the eligible youth at
least once each week;
``(C) shall be a trusted member of the local
community; and
``(D) may include--
``(i) a mentor trained in trauma-informed
care (including provision of trauma-informed
trauma prevention, identification, referral, or
support services to youth that have experienced
or are at risk of experiencing trauma),
conflict resolution, and positive youth
development;
``(ii) a job coach trained to provide youth
with guidance on how to navigate the workplace
and troubleshoot problems;
``(iii) a supervisor trained to provide at
least two performance assessments and serve as
a reference; or
``(iv) a peer mentor who is a former or
current participant in the youth employment
program involved.
``(e) Awards for Populations and Areas.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(1)--
``(A) 50 percent to award grants under this section
for planning or provision of subsidized summer
employment opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for
planning or provision of such opportunities for out-of-
school youth.
``(2) Areas.--
``(A) In general.--In awarding the grants, the
Secretary shall consider the regional diversity of the
areas to be served, to ensure that urban, suburban,
rural, and tribal areas are receiving grant funds.
``(B) Rural and tribal area inclusion.--
``(i) Rural areas.--Not less than 20
percent of the amounts made available under
section 176A(a)(1) for each fiscal year shall
be made available for activities to be carried
out in rural areas.
``(ii) Tribal areas.--Not less than 5
percent of the amounts made available under
section 176A(a)(1) for each fiscal year shall
be made available for activities to be carried
out in tribal areas.
``(f) Program Priorities.--In allocating funds under this section,
the Secretary shall give priority to eligible entities--
``(1) who propose to coordinate their activities--
``(A) with local or tribal employers; and
``(B) with agencies described in subsection
(c)(2)(A)(i) to ensure the summer youth employment
programs provide clear linkages to remedial, academic,
and occupational programs carried out by the agencies;
``(2) who propose a plan to increase private sector
engagement in, and job placement through, summer youth
employment; and
``(3) who have, in their counties, States, or tribal areas
(as compared to other counties in their State, other States, or
other tribal areas, respectively), a high level or rate
described in subsection (d)(1)(A)(iii).
``(g) Use of Funds.--
``(1) In general.--An eligible entity that receives a grant
under this section may use the grant funds for services
described in subsection (d).
``(2) Discretionary uses.--The eligible entity may also use
the funds--
``(A) to provide wages to eligible youth in
subsidized summer employment programs;
``(B) to provide eligible youth with support
services, including case management, child care
assistance, child support services, and transportation
assistance; and
``(C) to develop data management systems to assist
with programming, evaluation, and records management.
``(3) Administration.--An eligible entity may reserve not
more than 10 percent of the grant funds for the administration
of activities under this section.
``(4) Carry-over authority.--Any amounts provided to an
eligible entity under this section for a fiscal year may, at
the discretion of the Secretary, remain available to that
entity for expenditure during the succeeding fiscal year to
carry out programs under this section.
``(h) Program Share.--
``(1) Planning grants.--The program share for a planning
grant awarded under this section shall be 100 percent of the
cost described in subsection (a)(2)(A).
``(2) Implementation grants.--
``(A) In general.--The program share for an
implementation grant awarded under this section shall
be 50 percent of the cost described in subsection
(a)(2)(B).
``(B) Exception.--Notwithstanding subparagraph (A),
the Secretary--
``(i) may increase the program share for an
eligible entity; and
``(ii) shall increase the program share for
an Indian tribe or tribal organization to not
less than 95 percent of the cost described in
subsection (a)(2)(B).
``(C) Non-program share.--The eligible entity may
provide the non-program share of the cost--
``(i) in cash or in-kind, fairly evaluated,
including plant, equipment, or services; and
``(ii) from State, local, tribal or private
(including philanthropic) sources and, in the
case of an Indian tribe or tribal organization,
from Federal sources.
``SEC. 176C. YEAR-ROUND EMPLOYMENT COMPETITIVE GRANT PROGRAM.
``(a) In General.--
``(1) Grants.--Using the amounts made available under
176A(a)(2), the Secretary shall award, on a competitive basis,
planning and implementation grants.
``(2) General use of funds.--The Secretary shall award the
grants to assist eligible entities by paying for the program
share of the cost of--
``(A) in the case of a planning grant, planning a
year-round youth employment program to provide
subsidized year-round employment opportunities; and
``(B) in the case of an implementation grant,
implementation of such a program to provide such
opportunities.
``(b) Periods and Amounts of Grants.--The planning grants shall
have the periods and amounts described in section 176B(b)(1). The
implementation grants shall have the periods and grants described in
section 176B(b)(2).
``(c) Eligible Entities.--
``(1) In general.--To be eligible to receive a planning or
implementation grant under this section, an entity shall,
except as provided in paragraph (2)--
``(A) be a--
``(i) State, local government, or Indian
tribe or tribal organization, that meets the
requirements of section 176B(c)(2); or
``(ii) community-based organization that
meets the requirements of section 176B(c)(3);
and
``(B) meet the requirements for a planning or
implementation grant, respectively, specified in
section 176B(c)(4).
``(2) Year-round youth employment programs.--For purposes
of paragraph (1), any reference in section 176B(c)--
``(A) to a summer youth employment program shall be
considered to refer to a year-round youth employment
program; and
``(B) to a provision of section 176B shall be
considered to refer to the corresponding provision of
this section.
``(d) Application.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity desiring to receive a grant under this section
for a year-round youth employment program shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require,
including, at a minimum, each of the following:
``(A) With respect to an application for a planning
or implementation grant, the information and
descriptions specified in section 176B(d)(1)(A).
``(B) With respect to an application for a planning
grant, the descriptions specified in section
176B(d)(1)(B), except that the description of an
analysis for placing youth in employment described in
clause (iv)(II)(bb) of that section shall cover
employment that follows a schedule--
``(i) that consists of--
``(I) not more than 15 hours per
week for in-school youth; and
``(II) not less than 20 and not
more than 40 hours per week for out-of-
school youth; and
``(ii) that depends on the needs and work-
readiness level of the population being served.
``(C) With respect to an application for an
implementation grant, the descriptions and evidence
specified in section 176B(d)(1)(C)--
``(i) except that the reference in section
176B(d)(1)(C)(ii) to employment described in
section 176B(d)(1)(B) shall cover employment
that follows the schedule described in
subparagraph (B); and
``(ii) except that the reference to
programs in clause (vii)(II)(aa) of that
section shall be considered to refer only to
programs funded under the Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.).
``(D) With respect to an application for an
implementation grant--
``(i) a description of how the eligible
entity plans to provide mental health services,
as needed, to eligible youth participants; and
``(ii) a description of how the eligible
entity plans to address barriers to
participation among eligible youth, including
provding transportation and child care.
``(2) Indian tribe; tribal organizations.--An eligible
entity that is an Indian tribe or tribal organization and
desires to receive a grant under this section for a year-round
youth employment program may, in lieu of submitting the
application described in paragraph (1), submit an application
to the Secretary that meets such requirements as the Secretary
develops after consultation with the tribe or organization.
``(3) Mentor.--For purposes of paragraph (1), any reference
in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section
176B(d)(1) to a mentor shall be considered to refer to a mentor
who--
``(A) shall be an individual described in
subparagraphs (A) and (C) of section 176B(d)(3);
``(B) shall make contact with the eligible youth at
least twice each week; and
``(C) may be an individual described in section
176B(d)(3)(D).
``(4) Year-round employment.--For purposes of this
subsection, any reference in section 176B(d)--
``(A) to summer employment shall be considered to
refer to year-round employment; and
``(B) to a provision of section 176B shall be
considered to refer to the corresponding provision of
this section.
``(e) Awards for Populations and Areas; Priorities.--
``(1) Populations.--The Secretary shall reserve, from the
amounts made available under section 176A(a)(2)--
``(A) 50 percent to award grants under this section
for planning or provision of subsidized year-round
employment opportunities for in-school youth; and
``(B) 50 percent to award such grants to plan for
planning or provision of such opportunities for out-of-
school youth.
``(2) Areas; priorities.--In awarding the grants, the
Secretary shall--
``(A) carry out section 176B(e)(2); and
``(B) give priority to eligible entities--
``(i) who--
``(I) propose the coordination and
plan described paragraphs (1) and (2)
of section 176B(f), with respect to
year-round youth employment; and
``(II) meet the requirements of
section 176B(f)(3); or
``(ii) who--
``(I) propose a plan to coordinate
activities with entities carrying out
State, local, or tribal summer youth
employment programs, to provide
pathways to year-round employment for
eligible youth who are ending summer
employment; and
``(II) meet the requirements of
section 176B(f)(3).
``(f) Use of Funds.--An eligible entity that receives a grant under
this section may use the grant funds--
``(1) for services described in subsection (d);
``(2) as described in section 176B(g)(2), with respect to
year-round employment programs;
``(3) as described in section 176B(g)(3), with respect to
activities under this section; and
``(4) at the discretion of the Secretary, as described in
section 176B(g)(4), with respect to activities under this
section.
``(g) Program Share.--
``(1) Planning grants.--The provisions of section
176B(h)(1) shall apply to planning grants awarded under this
section, with respect to the cost described in subsection
(a)(2)(A).
``(2) Implementation grants.--The provisions of section
176B(h)(2) shall apply to implementation grants awarded under
this section, with respect to the cost described in subsection
(a)(2)(B).
``SEC. 176D. EVALUATION AND ADMINISTRATION.
``(a) Performance Measures.--
``(1) Establishment.--The Secretary shall establish
performance measures for purposes of carrying out annual
reviews under subsection (b) and of developing and implementing
a system of continuous quality improvement under subsection
(c).
``(2) Components.--The performance measures for the
eligible entities shall consist of--
``(A) the indicators of performance described in
paragraph (3); and
``(B) an adjusted level of performance for each
indicator described in subparagraph (A).
``(3) Indicators of performance.--
``(A) In general.--The indicators of performance
shall consist of--
``(i) the percentage of youth employment
program participants who are in education or
training activities, or in employment, during
the second quarter after exit from the program;
``(ii) the percentage of youth employment
program participants who are in education or
training activities, or in employment, during
the fourth quarter after exit from the program;
``(iii) the percentage of youth employment
program participants who obtain a recognized
postsecondary credential, or a secondary school
diploma or its recognized equivalent (subject
to subparagraph (B)), during participation in
or within 1 year after exit from the program;
and
``(iv) the percentage of youth employment
program participants who, during a program
year, are in a youth employment program that
includes an education or training program that
leads to an outcome specified by the Secretary,
which may include--
``(I) obtaining a recognized
postsecondary credential or employment;
or
``(II) achieving measurable skill
gains toward such a credential or
employment.
``(B) Indicator relating to credential.--For
purposes of subparagraph (A)(iii), youth employment
program participants who obtain a secondary school
diploma or its recognized equivalent shall be included
in the percentage counted as meeting the criterion
under such subparagraph only if such participants, in
addition to obtaining such diploma or its recognized
equivalent, have obtained or retained employment or are
in a youth employment program that includes an
education or training program leading to a recognized
postsecondary credential within 1 year after exit from
the program.
``(4) Levels of performance.--
``(A) In general.--For each eligible entity, there
shall be established, in accordance with this
paragraph, levels of performance for each of the
corresponding indicators of performance described in
paragraph (3).
``(B) Identification in application.--Each eligible
entity shall identify, in the application submitted
under subsection (d) of section 176B or 176C, expected
levels of performance for each of those indicators of
performance for each program year covered by the
application.
``(C) Agreement on adjusted levels of
performance.--The eligible entity shall reach agreement
with the Secretary on levels of performance for each of
those indicators of performance for each such program
year. The levels agreed to shall be considered to be
the adjusted levels of performance for the eligible
entity for such program years and shall be incorporated
into the application prior to the approval of such
application.
``(b) Annual Review.--The Secretary shall carry out an annual
review of each eligible entity receiving a grant under this subtitle.
In conducting the review, the Secretary shall review the performance of
the entity on the performance measures under this section and determine
if the entity has used any practices that shall be considered best
practices for purposes of this subtitle.
``(c) Continuous Quality Improvement.--
``(1) In general.--The Secretary shall, in addition to
conducting the annual review, develop and implement a system of
continuous quality improvement designed to improve the quality
of activities carried out under this subtitle.
``(2) Activities.--In implementing the system, the
Secretary shall carry out activities including--
``(A) using the performance measures established
under this section, to assess the quality of employment
programs funded under sections 176B and 176C and
providing the eligible entities carrying out those
programs with continuing feedback on their performance
on those measures;
``(B) creating improvement plans to address quality
issues concerning the employment programs;
``(C) providing targeted support (including
technical assistance and training) to staff of the
eligible entities on improving the quality of the
employment programs in areas where the system
demonstrates that improvements are needed; and
``(D) publishing and disseminating information on
the quality of the employment programs.
``(d) Report to Congress.--
``(1) Preparation.--The Secretary shall prepare a report on
the grant programs established by this subtitle, which report
shall include a description of--
``(A) the eligible entities receiving funding under
this subtitle;
``(B) the activities carried out by the eligible
entities;
``(C) how the eligible entities were selected to
receive funding under this subtitle;
``(D) an assessment of the results achieved by the
grant programs including findings from the annual
reviews conducted under subsection (b); and
``(E) a description of the development and
implementation of, and outcomes from, the system of
continuous quality improvement described in subsection
(c).
``(2) Submission.--Not later than 3 years after the date of
enactment of the AID Youth Employment Act, and annually
thereafter, the Secretary shall submit a report described in
paragraph (1) to the appropriate committees of Congress.
``(e) Application to Indian Tribes and Tribal Organizations.--The
Secretary may issue regulations that clarify the application of all the
provisions of this subtitle to Indian tribes and tribal organizations.
``SEC. 176E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to carry out section 176B, $375,000,000 for each of
fiscal years 2024 through 2028; and
``(2) to carry out section 176C, $500,000,000 for each of
fiscal years 2024 through 2028.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) References.--
(1) Section 121(b)(1)(C)(ii)(II) of the Workforce
Investment and Opportunity Act (29 U.S.C.
3152(b)(1)(C)(ii)(II)) is amended by striking ``subtitles C
through E'' and inserting ``subtitles C through F''.
(2) Section 503(b) of such Act (29 U.S.C. 3343(b)) is
amended by inserting before the period the following: ``(as
such subtitles were in effect on the day before the date of
enactment of this Act)''.
(b) Table of Contents.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to the subtitle
heading for subtitle E of title I and inserting the following:
``Subtitle E--Youth Employment Opportunities
``Sec. 176. Definitions.
``Sec. 176A. Allocation of funds.
``Sec. 176B. Summer employment competitive grant program.
``Sec. 176C. Year-round employment competitive grant program.
``Sec. 176D. Evaluation and administration.
``Sec. 176E. Authorization of appropriations.''.
<all>
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118HR2841 | Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023 | [
[
"K000385",
"Rep. Kelly, Robin L. [D-IL-2]",
"sponsor"
]
] | <p><strong>Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023</strong></p> <p>This bill modifies the work opportunity tax credit to (1) change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the youth employee is attending any secondary school, (2) increase the amount of the credit for youth employees, and (3) expand the credit to include disconnected youth. </p> <p>The bill defines<em> disconnected youth</em> to include any individual who (1) is certified as having attained age 16 but not age 25 on the hiring date; and (2) has self-certified as not having regularly attended any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, has not been regularly employed during such period, and is not readily employable due to a lack of basic skills. The term also includes individuals who have been certified (1) as having attained age 16 but not age 21 on the hiring date, and (2) as eligible foster children in foster care during the 12-month period ending on the hiring date.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2841 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2841
To amend the Internal Revenue Code of 1986 to modify the work
opportunity credit for certain youth employees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Kelly of Illinois introduced the following bill; which was referred
to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to modify the work
opportunity credit for certain youth employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping to Encourage Real
Opportunities (HERO) for Youth Act of 2023''.
SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR
CERTAIN YOUTH EMPLOYEES.
(a) Expansion of Credit for Summer Youth.--
(1) Credit allowed for year-round employment.--Section
51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
(A) by striking clauses (i) and (iii) and
redesignating clauses (ii) and (iv) as clauses (i) and
(ii), respectively;
(B) in clause (i) (as so redesignated), by striking
``(or if later, on May 1 of the calendar year
involved),'';
(C) by striking the period at the end of clause
(ii) (as so redesignated) and inserting ``, and''; and
(D) adding at the end the following new clause:
``(iii) who will be employed for not more
than 20 hours per week during any period
between September 16 and April 30 in which such
individual is regularly attending any secondary
school.''.
(2) Increase in credit amount.--Section 51(d)(7) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (B) and by redesignating subparagraph (C) as
subparagraph (B).
(3) Conforming amendments.--
(A) Subparagraph (F) of section 51(d)(1) of the
Internal Revenue Code of 1986 is amended by striking
``summer''.
(B) Paragraph (7) of section 51(d) of such Code is
amended--
(i) by striking ``summer'' each place it
appears in subparagraphs (A);
(ii) in subparagraph (B), as redesignated
by paragraph (2), by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph
(A)(ii)''; and
(iii) by striking ``summer'' in the heading
thereof.
(b) Credit for Disconnected Youth.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subparagraph (I), by striking the period at the end
of subparagraph (J) and inserting ``, or'', and by adding at
the end the following new subparagraph:
``(K) an disconnected youth.''.
(2) Disconnected youth.--Paragraph (14) of section 51(d) of
such Code is amended to read as follows:
``(14) Disconnected youth.--The term `disconnected youth'
means any individual who--
``(A)(i) is certified by the designated local
agency as having attained age 16 but not age 25 on the
hiring date, and
``(ii) has self-certified (on a form prescribed by
the Secretary) that such individual--
``(I) has not regularly attended any
secondary, technical, or post-secondary school
during the 6-month period preceding the hiring
date,
``(II) has not been regularly employed
during such 6-month period, and
``(III) is not readily employable by reason
of lacking a sufficient number of basic skills,
or
``(B) is certified by the designated local agency
as--
``(i) having attained age 16 but not age 21
on the hiring date, and
``(ii) an eligible foster child (as defined
in section 152(f)(1)(C)) who was in foster care
during the 12-month period ending on the hiring
date.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.
<all>
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118HR2842 | Dignity in Housing Act of 2023 | [
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2842 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2842
To require the Department of Housing and Urban Development to inspect
certain public housing developments to ensure compliance with housing
quality and safety standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Department of Housing and Urban Development to inspect
certain public housing developments to ensure compliance with housing
quality and safety standards, 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 ``Dignity in Housing Act of 2023''.
SEC. 2. INSPECTIONS.
Subsection (f) of section 6 of the United States Housing Act of
1937 (42 U.S.C. 1437d(f)) is amended by adding at the end the following
new paragraph:
``(4) Large public housing developments.--
``(A) Biennial inspections.--The Secretary shall
make inspections of each public housing project
consisting of 100 dwelling units or more not less
frequently than biennially to determine whether the
project is, and units in the project are, maintained in
accordance with the requirements under paragraph (1).
``(B) Inspectors.--Inspections of a public housing
project required under this paragraph shall be--
``(i) in addition to inspections required
by paragraph (3); and
``(ii) conducted by employees of the
Department of Housing and Urban Development or
such other inspectors as may be obtained by the
Secretary, but not including any officers or
employees or a public housing agency or any
agent of a public housing agency.
``(C) Public availability.--The Secretary shall
make the results of inspections pursuant to this
paragraph publicly available online.''.
<all>
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118HR2843 | Crime Doesn’t Fly Act of 2023 | [
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2843 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2843
To prohibit the Administrator of the Transportation Security
Administration from accepting warrants for the arrest of aliens as
valid proof of identification at aviation security checkpoints, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on Homeland Security
_______________________________________________________________________
A BILL
To prohibit the Administrator of the Transportation Security
Administration from accepting warrants for the arrest of aliens as
valid proof of identification at aviation security checkpoints, 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 ``Crime Doesn't Fly Act of 2023''.
SEC. 2. PROHIBITION OF USE OF ICE ARREST WARRANTS AS IDENTIFICATION AT
AVIATION SECURITY CHECKPOINTS.
(a) In General.--Except as provided in subsection (b), the
Administrator of the Transportation Security Administration may not
accept a prohibited document as valid proof of identification at an
aviation security checkpoint.
(b) Exception.--Subsection (a) shall not apply with respect to an
alien who is being removed from the United States in accordance with
the immigration laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
(c) Prohibited Document Defined.--In this section, the term
``prohibited document'' means any of the following:
(1) Immigration and Customs Enforcement Form I-200, Warrant
for Arrest of Alien (or any successor form).
(2) Immigration and Customs Enforcement Form I-205, Warrant
of Removal/Deportation (or any successor form).
<all>
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118HR2844 | Transparency of Migration Act | [
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"sponsor"
],
[
"B001291",
"Rep. Babin, Brian [R-TX-36]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2844 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2844
To require the Secretary of Homeland Security and the Secretary of
Health and Human Services to make available to the public on the
websites of their respective departments certain information relating
to individuals processed through U.S. Customs and Border Protection or
Department of Health and Human Services facilities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security and the Secretary of
Health and Human Services to make available to the public on the
websites of their respective departments certain information relating
to individuals processed through U.S. Customs and Border Protection or
Department of Health and Human Services facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency of Migration Act''.
SEC. 2. PUBLIC AVAILABILITY OF INFORMATION RELATING TO INDIVIDUALS
PROCESSED THROUGH U.S. CUSTOMS AND BORDER PROTECTION OR
DEPARTMENT OF HEALTH AND HUMAN SERVICES FACILITIES.
(a) In General.--The Secretary of Homeland Security and the
Secretary of Health and Human Services shall make available to the
public on the websites of their respective departments' information
described in subsection (b) relating to individuals unlawfully present
in the United States who are--
(1) apprehended by U.S. Customs and Border Protection and
sent to a federally owned or run detention center or released
into the United States; or
(2) processed through a Department of Health and Human
Services facility.
(b) Information Described.--Information described in this
subsection is information relating to the following:
(1) The daily number of individuals described in subsection
(a).
(2) The countries of origins of such individuals.
(3) The ages and genders of such individuals.
(4) The States to which such individuals have been either
released or sent.
(5) The number and types of criminal convictions, if any,
such individuals possess.
(c) Updates.--Information under this section shall be updated
weekly.
<all>
</pre></body></html>
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118HR2845 | To direct the Director of the Cybersecurity and Infrastructure Security Agency to establish a School Cybersecurity Improvement Program, and for other purposes. | [
[
"M001163",
"Rep. Matsui, Doris O. [D-CA-7]",
"sponsor"
],
[
"N000193",
"Rep. Nunn, Zachary [R-IA-3]",
"cosponsor"
],
[
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"cosponsor"
],
[
"K000382",
"Rep. Kuster, Ann M. [D-NH-2]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2845 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2845
To direct the Director of the Cybersecurity and Infrastructure Security
Agency to establish a School Cybersecurity Improvement Program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Matsui (for herself and Mr. Nunn of Iowa) introduced the following
bill; which was referred to the Committee on Homeland Security, 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 direct the Director of the Cybersecurity and Infrastructure Security
Agency to establish a School Cybersecurity Improvement 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 cited as the ``Enhancing K-12 Cybersecurity Act''.
SEC. 2. SCHOOL CYBERSECURITY INFORMATION EXCHANGE.
(a) Establishment.--The Director of the Cybersecurity and
Infrastructure Security Agency shall enhance existing information
exchange efforts implemented through partnerships with one or more
information sharing and analysis organizations to focus specific
attention on the needs of K-12 organizations with regard to
cybersecurity, including a new publicly accessible website (to be known
as the ``School Cybersecurity Information Exchange'') to disseminate
information, cybersecurity best practices, training, and lessons
learned tailored to the specific needs, technical expertise, and
resources available to K-12 organizations in accordance with subsection
(b).
(b) Duties.--In establishing the School Cybersecurity Information
Exchange under subsection (a), the Director shall--
(1) engage appropriate Federal, State, local, and
nongovernmental organizations to identify, promote, and
disseminate information and best practices for local
educational agencies, State educational agencies, and
educational service agencies (as such terms are defined in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) with respect to cybersecurity, data
protection, remote learning security, and student online
privacy;
(2) maintain a database for an elementary school, secondary
school, local educational agency, State educational agency, and
educational service agency to identify cybersecurity security
tools and services funded by the Federal Government, as well as
tools and services recommended for purchase with State and
local government funding; and
(3) provide a searchable database for an elementary school,
secondary school, local educational agency, State educational
agency, and educational service agency to find and apply for
funding opportunities to improve cybersecurity.
(c) Consultation.--In carrying out the duties under subsection (b),
the Director shall consult with the following:
(1) The Secretary of Education.
(2) The Director of the National Institute of Standards and
Technology.
(3) The Federal Communication Commission.
(4) The Director of the National Science Foundation.
(5) The Federal Bureau of Investigation.
(6) State and local leaders, including, when appropriate,
Governors, employees of State government departments and
agencies, members of State legislatures and State boards of
education, local educational agencies, State educational
agencies, representatives of Indian tribes, teachers,
principals, other school leaders, charter school leaders,
specialized instructional support personnel, paraprofessionals,
administrators, other staff, and parents.
(7) When determined appropriate by the Director, subject-
matter experts and expert organizations, including
nongovernmental organizations, vendors of school information
technology products and services, cybersecurity insurance
companies, and cybersecurity threat companies.
SEC. 3. CYBERSECURITY INCIDENT REGISTRY.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency shall establish, through partnerships
with one or more information sharing and analysis organizations, a
voluntary registry of information relating to cyber incidents affecting
information technology systems owned or managed by a covered entity,
and determine the scope of cyber incidents to be included in the
registry and processes by which incidents can be reported for
collection in the registry.
(b) Use.--Information in the registry established pursuant to
subsection (a) may be used to--
(1) improve data collection and coordination activities
related to the nationwide monitoring of the incidence and
impact of cyber incidents affecting a covered entity;
(2) conduct analyses regarding trends in cyber incidents
against such entity;
(3) develop systematic approaches to assist such entity in
preventing and responding to cyber incidents;
(4) increase the awareness and preparedness of a covered
entity regarding the cybersecurity of such covered entity; and
(5) identify, prevent, or investigate cyber incidents
targeting a covered entity.
(c) Information Collection.--The Director of the Cybersecurity and
Infrastructure Security Agency may collect information relating to
cyber incidents to store in the registry established pursuant to
subsection (a). Such information may be submitted by a covered entity
and may include the following:
(1) The dates of each cyber incident, including the dates
on which each such incident was initially detected and the
dates on which each such incident was first publicly reported
or disclosed to another entity.
(2) A description of each cyber incident, which shall
include whether each such incident was as a result of a breach,
malware, distributed denial of service attack, or other method
designed to cause a vulnerability.
(3) The effects of each cyber incident, including
descriptions of the type and size of each such incident.
(4) Other information determined relevant by the Director.
(d) Report.--The Director of the Cybersecurity and Infrastructure
Security Agency shall make available on the School Cybersecurity
Information Exchange established under section 2 an annual report
relating to cyber incidents affecting elementary schools and secondary
schools which includes data, and the analysis of such data, in a manner
that--
(1) is--
(A) de-identified; and
(B) presented in the aggregate; and
(2) at a minimum, protects personal privacy to the extent
required by applicable Federal and State privacy laws.
(e) Covered Entity Defined.--In this section, the term ``covered
entity'' means the following:
(1) An elementary school.
(2) A secondary school.
(3) A local educational agency.
(4) A State educational agency.
(5) An educational service agency.
SEC. 4. K-12 CYBERSECURITY TECHNOLOGY IMPROVEMENT PROGRAM.
(a) Establishment.--The Director of the Cybersecurity and
Infrastructure Security Agency, shall establish, through partnerships
with one or more information sharing and analysis organizations, a
program (to be known as the ``K-12 Cybersecurity Technology Improvement
program'') to deploy cybersecurity capabilities to address
cybersecurity risks and threats to information systems of elementary
schools and secondary schools through--
(1) developing cybersecurity strategies and installation of
effective cybersecurity tools tailored for K-12 schools;
(2) making available cybersecurity services that enhance
the ability of K-12 schools to protect themselves from
ransomware and other cybersecurity threats; and
(3) continuing training opportunities on cybersecurity
threats, best practices, and relevant technologies for K-12
schools.
(b) Report.--The Director of the Cybersecurity and Infrastructure
Security Agency shall make available on the School Cybersecurity
Information Exchange established under section 2 an annual report
relating to the impact of the K-12 Cybersecurity Technology Improvement
Program, including information on the cybersecurity capabilities made
available to information technology systems owned or managed by
elementary schools, secondary schools, local educational agencies,
State educational agencies, and educational service agencies, the
number of students served, and cybersecurity incidents identified or
prevented.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2024 and 2025.
SEC. 6. DEFINITIONS.
In this Act:
(1) Educational service agency.--The term ``educational
service agency'' has the meaning given that term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Elementary school.--The term ``elementary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has the
meaning given that term in section 2200 of the Homeland
Security Act of 2002 (6 U.S.C. 650).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) State educational agency.--The term ``State educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Secondary school.--The term ``secondary school'' has
the meaning given that term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
<all>
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118HR2846 | Fair Housing Improvement Act of 2023 | [
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[
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2846 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2846
To amend the Fair Housing Act to prohibit discrimination based on
source of income, veteran status, or military status.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Peters (for himself, Mr. Schiff, Mr. Evans, Ms. Bonamici, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Fair Housing Act to prohibit discrimination based on
source of income, veteran status, or military status.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Housing Improvement Act of
2023''.
SEC. 2. PROHIBITING HOUSING DISCRIMINATION BASED ON SOURCE OF INCOME,
VETERAN STATUS, OR MILITARY STATUS.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Military status' means the status of a person as a member of
the uniformed services, as defined in section 101 of title 10, United
States Code.
``(q) `Source of income' includes--
``(1) a housing voucher under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) and any form of
Federal, State, or local housing assistance provided to a
person or family or provided to a housing owner on behalf of a
person or family, including--
``(A) rental vouchers;
``(B) rental assistance;
``(C) rental subsidies from nongovernmental
organizations; and
``(D) homeownership subsidies;
``(2) income received as a monthly benefit under title II
of the Social Security Act (42 U.S.C. 401 et seq.), as a
supplemental security income benefit under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), or as a benefit
under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.), including any such benefit to which the individual is
entitled for which payment is made to a representative payee;
``(3) income received by court order, including spousal
support and child support;
``(4) any payment from a trust, guardian, conservator,
cosigner, or relative; and
``(5) any other lawful source of income or funds, including
savings accounts and investments.
``(r) `Veteran status' means the status of a person as a former
member of the Armed Forces.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) by inserting ``source of income, veteran
status, military status,'' after ``familial status,''
each place that term appears; and
(B) in subsection (f), by adding at the end the
following:
``(10) Nothing in this title shall be construed to prohibit any
entity from providing or otherwise making available any services or
other assistance to individuals receiving Federal, State or local
housing assistance.'';
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by inserting ``source of
income, veteran status, military status,'' after
``familial status,''; and
(B) in subsection (c), by inserting ``source of
income, veteran status, military status,'' after
``handicap,'';
(4) in section 806 (42 U.S.C. 3606), by inserting ``source
of income, veteran status, military status,'' after ``familial
status,'';
(5) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``source of income, veteran status, military
status,'' after ``handicap,''; and
(6) in section 810(f) (42 U.S.C. 3610(f)), by striking
paragraph (4) and inserting the following:
``(4) During the period beginning on the date of enactment of the
Fair Housing Improvement Act of 2023 and ending on the date that is 40
months after such date of enactment, each agency certified for purposes
of this title on the day before such date of enactment shall, for
purposes of this subsection, be considered certified under this
subsection with respect to those matters for which the agency was
certified on that date. If the Secretary determines in an individual
case that an agency has not been able to meet the certification
requirements within this 40-month period due to exceptional
circumstances, such as the infrequency of legislative sessions in that
jurisdiction, the Secretary may extend such period by not more than 6
months.''.
(b) Prevention of Intimidation in Fair Housing Cases.--Section 901
of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by
inserting ``source of income (as defined in section 802), veteran
status (as defined in section 802), military status (as defined in
section 802),'' before ``or national origin'' each place that term
appears.
<all>
</pre></body></html>
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118HR2847 | Ending Qualified Immunity Act | [
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"B... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2847
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Pressley (for herself, Mrs. Beatty, Mr. Blumenauer, Ms. Bonamici,
Mr. Bowman, Ms. Bush, Mr. Carson, Mr. Casar, Mr. Cleaver, Ms. Crockett,
Mr. Davis of Illinois, Mr. Espaillat, Mrs. Foushee, Mr. Frost, Mr.
Garcia of Illinois, Mr. Gomez, Mr. Green of Texas, Mr. Ivey, Ms.
Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kamlager-Dove,
Mr. Khanna, Ms. Lee of California, Ms. Lee of Pennsylvania, Mr.
McGovern, Mr. Moulton, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr.
Payne, Ms. Pingree, Ms. Schakowsky, Mr. Smith of Washington, Mr.
Takano, Ms. Tlaib, Ms. Tokuda, Ms. Velazquez, Mrs. Watson Coleman, Ms.
Williams of Georgia, and Ms. Wilson of Florida) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Revised Statutes to remove the defense of qualified
immunity in the case of any action under section 1979, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Qualified Immunity Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In 1871, Congress passed the Ku Klux Klan Act to
enforce the Fourteenth Amendment and combat rampant violations
of civil and constitutionally secured rights across the Nation,
particularly those of newly freed slaves and other Black
Americans in the post-Civil War South.
(2) Included in the Act was a provision, now codified at
section 1983 of title 42, United States Code, which provides a
cause of action for persons to file lawsuits against people
acting under color of State law, including State or local
officials, who violate their Federal legal and constitutionally
secured rights.
(3) Under section 1979 of the Revised Statutes (42 U.S.C.
1983) a person may be held liable for acting under color of
State or local law, even if they are not acting in accordance
with State law.
(4) Section 1979 has never included a defense or immunity
for government officials who act in good faith when violating
rights, nor has it ever had a defense or immunity based on
whether the right was ``clearly established'' at the time of
the violation.
(5) From the law's beginning in 1871, through the 1960s,
government actors were not afforded qualified immunity for
violating rights.
(6) In 1967, the Supreme Court in Pierson v. Ray, 386 U.S.
547, suddenly found that government actors had a good faith
defense for making arrests under unconstitutional statutes
based on a common law defense for the tort of false arrest.
(7) The Court later extended this beyond false arrests,
turning it into a general good faith defense for government
officials.
(8) Finally, in Harlow v. Fitzgerald, 457 U.S. 800 (1982),
the Court found the subjective search for good faith in the
government actor unnecessary, and replaced it with an
``objective reasonableness'' standard that requires that the
right be ``clearly established'' at the time of the violation
for the defendant to be liable.
(9) This doctrine of qualified immunity has severely
limited the ability of many plaintiffs to recover damages under
section 1983 when their rights have been violated by State and
local officials. As a result, the intent of Congress in passing
the law has been frustrated, and Americans' rights secured by
the Constitution have not been appropriately protected.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that we must correct the erroneous
interpretation of section 1979 of the Revised Statutes which provides
for qualified immunity, and reiterate the standard found on the face of
the statute, which does not limit liability on the basis of the
defendant's good faith beliefs or on the basis that the right was not
``clearly established'' at the time of the violation.
SEC. 4. REMOVAL OF QUALIFIED IMMUNITY.
Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by
adding at the end the following: ``In any suit pending on, or filed
after, the effective date of the Ending Qualified Immunity Act of 2021,
it shall not be a defense or immunity to any action brought under this
section that the defendant was acting in good faith, or that the
defendant believed, reasonably or otherwise, that his or her conduct
was lawful at the time when it was committed. Nor shall it be a defense
or immunity that the rights, privileges, or immunities secured by the
Constitution or Federal laws were not clearly established at the time
of their deprivation by the defendant, or that the state of the law was
otherwise such that the defendant could not reasonably have been
expected to know whether his or her conduct was lawful.''.
<all>
</pre></body></html>
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118HR2848 | Freedom to Move Act | [
[
"P000617",
"Rep. Pressley, Ayanna [D-MA-7]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2848 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2848
To direct the Secretary of Transportation to carry out a grant program
to support efforts to provide fare-free transit service, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Pressley introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to carry out a grant program
to support efforts to provide fare-free transit service, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Move Act''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to invest in State, county, and local municipalities
efforts to provide fare-free public transportation; and
(2) to support State, county, and local municipalities in
improving and expanding access to safe, accessible, and
reliable mass transit systems in order to improve the
livability of communities.
SEC. 3. GRANTS TO SUPPORT FARE-FREE TRANSIT.
(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall award grants (which shall be
known as ``Freedom to Move Grants'') to eligible entities, on a
competitive basis, to cover the lost fare revenue for fare-free public
transportation and improve public transportation.
(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, at a minimum, the
following:
(1) A description of how the eligible entity plans to
implement fare free transit access.
(2) A description of how the entity will work to expand and
improve bus service, which may include--
(A) a bus network redesign;
(B) how such redesign will prioritize consistent
and reliable service for low-income and historically
underserved communities;
(C) how such redesign will prioritize connectivity
to critical services and improve community livability;
and
(D) how the eligible entity will meaningfully
consult with community, community leaders, local
stakeholders and advocates, including transit advocates
and disability advocates, local education agencies and
institutions of higher education, community developers,
labor unions, public housing agencies and workforce
development boards, while facilitating such redesign.
(3) A description of how the eligible entity will
meaningfully partner and collaborate with community, community
leaders, local stakeholders and advocates, including transit
advocates and disability advocates, local education agencies
and institutions of higher education, community developers,
labor unions, public housing agencies and workforce development
boards to support outreach efforts to increase awareness of
fare-free bus and transit programs.
(4) A description of the eligible entity's equity
evaluation examining any transit and mobility gaps within the
current transit system and how the eligible entity plans to
significantly improve these gaps, including--
(A) the average commute times for driver commuters
and non-driver commuters;
(B) public transit ridership rates disaggregated by
mode of transportation and demographic group (youth
(including youth involved in the foster care system),
seniors, individuals with disabilities, and low-income
status); and
(C) average length of bus routes and average delay
times.
(5) A description of the eligible entity's current fare
evasion enforcement policies, including--
(A) the cost of the fine and whether the infraction
is considered a civil offense or a criminal offense
punishable by imprisonment;
(B) the number of individuals charged with
violating a fare evasion policy, disaggregated by age,
race, gender, and disability status; and
(C) how the eligible entity plans to eliminate fare
evasion policies and end the criminalization of
individuals evading fares.
(6) An estimate of additional costs as a result of
increased ridership, including--
(A) fuel;
(B) personnel;
(C) maintenance; and
(D) other operational costs.
(7) Information and statistics on assaults on transit
employees and a description of trainings and policies to
protect employees, which may include de-escalation training.
(c) Duration.--Grants awarded under this section shall be for a 5-
year period.
(d) Selection of Eligible Entities.--In carrying out the program
under this section, the Secretary shall award grants to eligible
entities located in both rural and urbanized areas.
(e) Uses of Funds.--An eligible entity that receives a grant under
this section shall use such grant to support--
(1) implementing a fare-free transit program; and
(2) efforts to improve public transportation, particularly
in underserved communities, including costs associated with
efforts to provide more safe, frequent, and reliable bus
service, including--
(A) bus stop safety and accessibility improvements;
(B) pedestrian and bike shelters;
(C) signage;
(D) painted bus lanes;
(E) signal priority systems;
(F) street redesign;
(G) operational costs to meet demands of increased
ridership, including hiring and training of personnel;
and
(H) conducting a bus network redesign.
(f) Definitions.--In this section:
(1) Eligible entities.--In this section, the term
``eligible entity'' means--
(A) a State, county, local municipality;
(B) a transit agency;
(C) a private nonprofit organization engaged in
public transportation in rural areas; or
(D) a partnership between entities described in
subparagraphs (A) through (C).
(2) Underserved community.--The term ``underserved
community'' means--
(A) a community not served by existing bus routes
or infrequent service; and
(B) a community located in an area within a census
tract that is identified as--
(i) a low-income community; and
(ii) a community of color.
(3) Low-income individuals.--The term ``low-income
individuals'' means an individual whose family income is at or
below 150 percent of the poverty line (as that term is defined
in section 673(2) of the Community Service Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section) for a family of the size involved.
(4) Foster care youth.--The term ``foster care youth''--
(A) means children and youth whose care and
placement are the responsibility of the State or Tribal
agency that administers a State or Tribal plan under
part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.), without regard to
whether foster care maintenance payments are made under
section 472 of such Act (42 U.S.C. 672) on behalf of
such children and youth; and
(B) includes individuals who were age 13 or older
when their care and placement were the responsibility
of a State or Tribal agency that administered a State
or Tribal plan under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et seq. and 670 et
seq.) and who are no longer under the care and
responsibility of such a State or Tribal agency,
without regard to any such individual's subsequent
adoption, guardianship arrangement, or other form of
permanency outcome.
(5) Public transportation.--The term ``public
transportation''--
(A) means regular, continuing shared-ride surface
transportation services that are open to the general
public or open to a segment of the general public
defined by age, disability, or low income; and
(B) does not include--
(i) intercity passenger rail transportation
provided by the entity described in chapter 243
of title 49, United States Code, (or a
successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons
of one or more specific establishments; or
(vii) intra-terminal or intra-facility
shuttle services.
(g) Report.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall collect data from eligible entities receiving a
grant under this section on the progress of meeting the targets
described in the application of such entity.
(2) Requirements.--The report required under paragraph (1)
shall--
(A) collect data on demographics of communities
served under this Act, disaggregated and cross-
tabulated by--
(i) race;
(ii) ethnicity;
(iii) sex; and
(iv) household median income; and
(B) progress towards significantly closing transit
equity gaps as described in subsection (b)(4).
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000,000 for each of
fiscal years 2024 through 2028.
<all>
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118HR2849 | Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023 | [
[
"R000610",
"Rep. Reschenthaler, Guy [R-PA-14]",
"sponsor"
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"... | <p> <strong>Rare Earth Magnet Manufacturing Production Tax Credit Act of 2023 </strong></p> <p>This bill allows a new tax credit for the domestic production of rare earth magnets. The magnets must be manufactured or produced in the ordinary course of the taxpayer's trade or business. The credit is disallowed if any component rare earth material used to produce such magnets is produced in a non-allied foreign nation.</p> <p>The bill defines <em>rare earth magnet</em> as a permanent magnet comprised of an alloy of neodymium, iron, and boron, or an alloy of samarium and cobalt, which may also include other material.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2849 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2849
To amend the Internal Revenue Code of 1986 to establish a credit for
the domestic production of rare earth magnets, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Reschenthaler (for himself and Mr. Swalwell) 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 establish a credit for
the domestic production of rare earth magnets, 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 ``Rare Earth Magnet Manufacturing
Production Tax Credit Act of 2023''.
SEC. 2. CREDIT FOR PRODUCTION OF RARE EARTH MAGNETS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting the following new section after section 45AA:
``SEC. 45BB. CREDIT FOR PRODUCTION OF RARE EARTH MAGNETS.
``(a) In General.--
``(1) Allowance of credit.--For purposes of section 38, the
credit for production of rare earth magnets determined under
this section for any taxable year is an amount equal to the sum
of the credit amounts determined under subsection (b) with
respect to rare earth magnets which are--
``(A) manufactured or produced by the taxpayer, and
``(B) sold by such taxpayer to an unrelated person
during the taxable year.
``(2) Unrelated person.--
``(A) In general.--For purposes of this subsection,
a taxpayer shall be treated as selling rare earth
magnets to an unrelated person if such magnet is sold
to such person by a person related to the taxpayer.
``(B) Election.--
``(i) In general.--At the election of the
taxpayer (in such form and manner as the
Secretary may prescribe), a sale of rare earth
magnets by such taxpayer to a related person
shall be deemed to have been made to an
unrelated person.
``(ii) Requirement.--As a condition of, and
prior to, any election described in clause (i),
the Secretary may require such information or
registration as the Secretary deems necessary
for purposes of preventing duplication, fraud,
or any improper or excessive amount determined
under paragraph (1).
``(b) Credit Amount.--
``(1) In general.--The amount determined under this
subsection is--
``(A) $20 per kilogram of rare earth magnets
manufactured or produced in the United States by the
taxpayer during the taxable year, and
``(B) $30 per kilogram of rare earth magnets
manufactured or produced in the United States by the
taxpayer during the taxable year if not less than 90
percent of the component rare earth materials of such
magnets are produced within the United States.
``(2) Phase-out.--
``(A) In general.--In the case of any rare earth
magnet manufactured or produced after December 31,
2032, the amount determined under this section with
respect to such rare earth magnet shall be equal to the
product of--
``(i) the amount determined under paragraph
(1) with respect to such rare earth magnet, as
determined without regard to this subsection,
multiplied by
``(ii) the phase-out percentage described
in subparagraph (B).
``(B) Phase-out percentage.--The phase-out
percentage described in this paragraph is--
``(i) in the case of any rare earth magnet
manufactured or produced in calendar year 2033,
70 percent,
``(ii) in the case of any rare earth magnet
manufactured or produced in calendar year 2034
or 2035, 35 percent, or
``(iii) in the case of any rare earth
magnet manufactured or produced after December
31, 2035, 0 percent.
``(c) Definitions.--For the purposes of this section--
``(1) Rare earth magnet.--The term `rare earth magnet'
means a permanent magnet comprised of--
``(A) an alloy of neodymium, iron, and boron, which
may also include praseodymium, terbium, or dysprosium,
or
``(B) an alloy of samarium and cobalt, which may
also include gadolinium or any associated host mineral
of a component rare earth material.
``(2) Component rare earth material.--The term `component
rare earth material' means neodymium, praseodymium, dysprosium,
terbium, samarium, gadolinium, and cobalt.
``(3) Manufactured.--The term `manufactured' means the
manufacturing of a rare earth magnet, including the alloying,
reduction, strip casting, milling, sintering, recycling,
pressing, and metallization of component rare earth material.
``(4) Non-allied foreign nation.--The term `non-allied
foreign nation' has the meaning given to the term `covered
nation' in section 4872(d) of title 10, United States Code.
``(5) United states and possession of the united states.--
The terms `United States' and `possession of the United States'
have the meaning given such terms in section 638.
``(d) Special Rules.--
``(1) Restriction on component sourcing.--No credit shall
be allowed under this section with respect to a rare earth
magnet if any component rare earth material used to manufacture
or produce such magnet is produced in a non-allied foreign
nation.
``(2) Trade or business requirement.--No credit shall be
allowed under this section with respect to a rare earth magnet
unless such magnet is manufactured or produced in the ordinary
course of a trade or business of the taxpayer.
``(e) Elective Payment for Production of Rare Earth Magnets.--
``(1) In general.--In the case of a taxpayer making an
election (at such time and in such manner as the Secretary may
provide) under this section with respect to any portion of the
credit allowed under subsection (a), such taxpayer shall be
treated as making a payment against the tax imposed by this
subtitle for the taxable year equal to the amount of such
portion.
``(2) Timing.--The payment described in paragraph (1) shall
be treated as made on the later of the due date of the return
of tax for such taxable year or the date on which such return
is filed.''.
(b) Credit To Be 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 credit for production of rare earth magnets
determined under section 45BB(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45AA the following new
item:
``Sec. 45BB. Credit for production of rare earth magnets.''.
(d) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after December 31, 2023.
<all>
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118HR285 | Cybersecurity Vulnerability Remediation Act | [
[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18]",
"sponsor"
]
] | <p><b>Cybersecurity Vulnerability Remediation Act</b></p> <p>This bill authorizes the Department of Homeland Security to take certain actions with the goal of countering cybersecurity vulnerabilities.</p> <p>The Cybersecurity and Infrastructure Security Agency must report on its activities to coordinate disclosures of cybersecurity vulnerabilities. The report must address, among other topics, relevant policies and procedures; the degree to which disclosed information is acted upon by industry and other stakeholders; and the preservation of privacy and civil liberties when collecting, using, and sharing vulnerability disclosures.</p> <p>The National Cybersecurity and Communications Integration Center may disseminate protocols to counter cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.</p> <p>The Science and Technology Directorate may establish a competition to develop remedies for cybersecurity vulnerabilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 285 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 285
To amend the Homeland Security Act of 2002 to provide for the
remediation of cybersecurity vulnerabilities, 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 provide for the
remediation of cybersecurity vulnerabilities, 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 ``Cybersecurity Vulnerability
Remediation Act''.
SEC. 2. CYBERSECURITY VULNERABILITIES.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively; and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) the term `cybersecurity vulnerability' has the
meaning given the term `security vulnerability' in section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501); and'';
(2) in subsection (c)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon at the end;
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) sharing mitigation protocols to counter cybersecurity
vulnerabilities pursuant to subsection (n); and''; and
(iv) in subparagraph (C), as so
redesignated, by inserting ``and mitigation
protocols to counter cybersecurity
vulnerabilities in accordance with subparagraph
(B)'' before ``with Federal''; and
(B) in paragraph (9), by inserting ``mitigation
protocols to counter cybersecurity vulnerabilities,''
after ``measures,'';
(3) by redesignating the second subsections (p) and (q)
(relating to coordination on cybersecurity for SLITT entities
and a report, respectively) as subsections (r) and (s),
respectively; and
(4) by adding at the end the following new subsection:
``(t) Protocols To Counter Certain Cybersecurity Vulnerabilities.--
The Director may, as appropriate, identify, develop, and disseminate
actionable protocols to mitigate cybersecurity vulnerabilities to
information systems and industrial control systems, including in
circumstances in which such vulnerabilities exist because software or
hardware is no longer supported by a vendor.''.
SEC. 3. REPORT ON CYBERSECURITY VULNERABILITIES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security
shall 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 on how the Agency carries out subsection
(n) of section 2209 of the Homeland Security Act of 2002 to coordinate
vulnerability disclosures, including disclosures of cybersecurity
vulnerabilities (as such term is defined in such section), and
subsection (t) of such section (as added by section 2) to disseminate
actionable protocols to mitigate cybersecurity vulnerabilities to
information systems and industrial control systems, that includes the
following:
(1) A description of the policies and procedures relating
to the coordination of vulnerability disclosures.
(2) A description of the levels of activity in furtherance
of such subsections (n) and (t) of such section 2209.
(3) Any plans to make further improvements to how
information provided pursuant to such subsections can be shared
(as such term is defined in such section 2209) between the
Department and industry and other stakeholders.
(4) Any available information on the degree to which such
information was acted upon by industry and other stakeholders.
(5) A description of how privacy and civil liberties are
preserved in the collection, retention, use, and sharing of
vulnerability disclosures.
(b) Form.--The report required under subsection (b) shall be
submitted in unclassified form but may contain a classified annex.
SEC. 4. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.
The Under Secretary for Science and Technology of the Department of
Homeland Security, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency of the Department, may
establish an incentive-based program that allows industry, individuals,
academia, and others to compete in identifying remediation solutions
for cybersecurity vulnerabilities (as such term is defined in section
2209 of the Homeland Security Act of 2002, as amended by section 2) to
information systems (as such term is defined in such section 2209) and
industrial control systems, including supervisory control and data
acquisition systems.
<all>
</pre></body></html>
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118HR2850 | To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes. | [
[
"S001226",
"Rep. Salinas, Andrea [D-OR-6]",
"sponsor"
],
[
"B001278",
"Rep. Bonamici, Suzanne [D-OR-1]",
"cosponsor"
],
[
"B000574",
"Rep. Blumenauer, Earl [D-OR-3]",
"cosponsor"
],
[
"H001094",
"Rep. Hoyle, Val T. [D-OR-4]",
"cosponsor"
],
[
"C0... | <p>This bill provides a process by which the Confederated Tribes of the Grand Ronde Community of Oregon and Oregon may negotiate to amend or replace the existing agreement defining the tribe's hunting, fishing, trapping, and animal gathering rights.</p> <p>The current agreement, which was made effective by a January 12, 1987, consent decree by the U.S. District Court for the District of Oregon, serves as the exclusive and final determination of the tribe's hunting, fishing, trapping, and gathering rights. This bill instead allows a December 2, 1986, agreement between the United States, Oregon, and the tribe (known as the Grand Ronde Hunting and Fishing Agreement) to define the tribe's rights until and unless it is amended or replaced upon mutual agreement of the tribe and Oregon.</p> <p>The bill allows the tribe and Oregon to return to the U.S. District Court for the District of Oregon to request the modification or termination of the January 12, 1987, consent decree.</p> <p>The bill prohibits a new or amended agreement from (1) affecting the other rights of the tribe or any other Indian tribe, (2) limiting Oregon from entering into separate agreements with other tribes to address the authority to take species within the geographic scope of the agreement, or (3) being used in a civil or criminal action to modify any treaty or other right of a tribe.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2850 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2850
To amend the Grand Ronde Reservation Act to address the hunting,
fishing, trapping, and animal gathering rights of the Confederated
Tribes of the Grand Ronde Community, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Salinas (for herself, Ms. Bonamici, Mr. Blumenauer, Ms. Hoyle of
Oregon, and Mrs. Chavez-DeRemer) introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Grand Ronde Reservation Act to address the hunting,
fishing, trapping, and animal gathering rights of the Confederated
Tribes of the Grand Ronde Community, 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. GRAND RONDE RESERVATION ACT AMENDMENT.
Section 2 of Public Law 100-425 (commonly known as the ``Grand
Ronde Reservation Act'') (102 Stat. 1595) is amended to read as
follows:
``SEC. 2. HUNTING, FISHING, TRAPPING, AND ANIMAL GATHERING.
``(a) Definitions.--In this section:
``(1) Consent decree.--The term `Consent Decree' means the
final judgment and decree of the United States District Court
for the District of Oregon, in the action entitled
`Confederated Tribes of the Grand Ronde Community of Oregon
against the State of Oregon', entered on January 12, 1987.
``(2) Grand ronde hunting and fishing agreement.--The term
`Grand Ronde Hunting and Fishing Agreement' means the agreement
entitled `Agreement Among the State of Oregon, the United
States of America and the Confederated Tribes of the Grand
Ronde Community of Oregon to Permanently Define Tribal Hunting,
Fishing, Trapping, and Animal Gathering Rights of the Tribe and
its Members' and entered into by the United States on December
2, 1986.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Hunting, Fishing, Trapping, and Animal Gathering
Agreements.--
``(1) In general.--The Grand Ronde Hunting and Fishing
Agreement shall remain in effect until and unless replaced,
amended, or otherwise modified by 1 or more successor
government-to-government agreements between the Confederated
Tribes of the Grand Ronde Community and the State of Oregon
relating to the hunting, fishing, trapping, and animal
gathering rights of the Confederated Tribes of the Grand Ronde
Community.
``(2) Amendments.--The Grand Ronde Hunting and Fishing
Agreement or any successor agreement entered into under
paragraph (1) may be amended from time to time by mutual
consent of the Confederated Tribes of the Grand Ronde Community
and the State of Oregon.
``(3) Contents of new agreement or future amendments.--No
successor agreement or amended agreement entered into under
paragraph (1) shall--
``(A) purport to affirm, recognize, establish,
expand, adjudicate, waive, limit, abrogate or otherwise
affect the ancestral, aboriginal, treaty, statutory,
equitable, or other applicable rights of the
Confederated Tribes of the Grand Ronde Community or any
other Indian Tribe;
``(B) limit the State of Oregon from entering into
separate agreements with other Indian Tribes that
address the authority to take species within the
geographic scope of the agreement; or
``(C) be used in a civil or criminal action in a
court of competent jurisdiction to enlarge, confirm,
adjudicate, affect, or modify any treaty or other right
of an Indian Tribe.
``(4) Source of authority.--All hunting, fishing, trapping,
and animal gathering rights of the Confederated Tribes of the
Grand Ronde Community in any successor agreement or amended
agreement entered into under paragraph (1) after the date of
enactment of this Act shall derive solely from the authority of
the State of Oregon.
``(c) Judicial Review.--In any action brought in the United States
District Court for the District of Oregon to rescind, overturn, modify,
or provide relief under Federal law from the Consent Decree, the United
States District Court for the District of Oregon shall review the
application of the parties on the merits without regard to the defense
of res judicata or collateral estoppel.
``(d) Effect.--Nothing in this section, or in any successor
agreement or amended agreement entered into under paragraph (1), shall
have the force or effect of determining, defining, affirming,
recognizing, abrogating, limiting, or affecting the rights or claims of
any Indian Tribe, including any treaty and other sovereign rights.''.
<all>
</pre></body></html>
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118HR2851 | National Apprenticeship Act of 2023 | [
[
"S000185",
"Rep. Scott, Robert C. \"Bobby\" [D-VA-3]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"W000808",
"Rep. Wilson, Frederica S. [D-FL-24]",
"cosponsor"
],
[
"B001298",
"Rep. Bacon, Don [R-NE-2]",
"cosponsor"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2851 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2851
To amend the Act of August 16, 1937 (commonly referred to as the
``National Apprenticeship Act''), to expand the national apprenticeship
system to include apprenticeships, youth apprenticeships, and pre-
apprenticeships registered under such Act and to promote the
furtherance of labor standards necessary to safeguard the welfare of
apprentices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Scott of Virginia (for himself, Mr. Fitzpatrick, Ms. Wilson of
Florida, Mr. Bacon, Mr. Norcross, Mr. Bost, Mr. Pocan, Mr. Carey, Ms.
Leger Fernandez, Mrs. Chavez-DeRemer, Mrs. McBath, Mr. D'Esposito, Mr.
DeSaulnier, Mr. Garbarino, Ms. Stevens, Mr. Johnson of Ohio, Mr.
Sablan, Mr. Joyce of Ohio, Mr. Courtney, Mr. Kean of New Jersey, Mrs.
Hayes, Mr. LaLota, Mr. Grijalva, Mr. Lawler, Ms. Adams, Ms.
Malliotakis, Ms. Wild, Mr. Miller of Ohio, Ms. Manning, Mr. Molinaro,
Mr. Takano, Mr. Stauber, Ms. Bonamici, Mrs. Trahan, and Ms. Omar)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Act of August 16, 1937 (commonly referred to as the
``National Apprenticeship Act''), to expand the national apprenticeship
system to include apprenticeships, youth apprenticeships, and pre-
apprenticeships registered under such Act and to promote the
furtherance of labor standards necessary to safeguard the welfare of
apprentices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Apprenticeship Act of
2023''.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect
beginning on October 1, 2024.
SEC. 3. AMENDMENT.
The Act of August 16, 1937 (commonly referred to as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
is amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National
Apprenticeship Act'.
``(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. Programs under the national apprenticeship system.
``Sec. 4. Transition provisions.
``Sec. 5. Disaggregation of data.
``Sec. 6. Relation to other laws.
``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
``Sec. 111. The Office of Apprenticeship.
``Sec. 112. National Advisory Committee on Apprenticeships.
``Sec. 113. State apprenticeship agencies and State Offices of
Apprenticeship.
``Sec. 114. Interagency agreement with Department of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``Sec. 121. Occupations suitable for apprenticeship.
``Sec. 122. Quality standards of programs under the national
apprenticeship system.
``Sec. 123. Apprenticeship agreements.
``Sec. 124. Registration of programs under the national apprenticeship
system.
``Subtitle C--Evaluations and Research
``Sec. 131. Program evaluations.
``Sec. 132. National apprenticeship system research.
``Subtitle D--General Provisions
``Sec. 141. Authorization of appropriations.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``Sec. 201. Grant requirements.
``Sec. 202. Uses of funds.
``Sec. 203. Grant evaluations.
``Sec. 204. Authorization of appropriations for grants.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Office of Apprenticeship established under
section 111(a).
``(2) Advisory committee.--The term `Advisory Committee'
means the National Advisory Committee on Apprenticeships
established under section 112.
``(3) Apprentice.--The term `apprentice' means an
individual who is--
``(A) at least 16 years of age, except where a
higher minimum age standard is otherwise required by
law;
``(B) employed by an employer that sponsors or
participates in an apprenticeship program; and
``(C) a participant of such an apprenticeship
program.
``(4) Apprenticeship agreement.--The term `apprenticeship
agreement' means a written agreement under section 123
between--
``(A) an apprentice, a youth apprentice, or a pre-
apprentice; and
``(B) a sponsor.
``(5) Apprenticeship hub.--The term `apprenticeship hub'
means a regional or sectoral qualified intermediary recognized
by a State apprenticeship agency or a State Office of
Apprenticeship as organizing and providing activities and
services related to the development of programs under the
national apprenticeship system.
``(6) Apprenticeship program.--The term `apprenticeship
program' means a program that meets the standards described in
section 122(b) and is registered under this Act.
``(7) Competency.--The term `competency' means the
attainment of knowledge, skills, and abilities in a subject
area, as specified by an occupational skill standard and
demonstrated by an appropriate written or hands-on proficiency
measurement.
``(8) Department.--The term `Department' means the
Department of Labor.
``(9) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education
school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
``(E) a local educational agency or State
educational agency;
``(F) a Tribal educational agency, Tribally
controlled college or university, or Tribally
controlled postsecondary career and technical
institution;
``(G) a postsecondary educational institution;
``(H) a minority-serving institution;
``(I) a provider of adult education and literacy
activities under the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.);
``(J) a local agency administering plans under
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741);
``(K) a related instruction provider, including a
qualified intermediary acting as a related instruction
provider as approved by a registration agency;
``(L) a Job Corps center (as defined in section 142
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3192)); or
``(M) a consortium of entities described in any of
subparagraphs (A) through (L).
``(10) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a program sponsor;
``(ii) a State workforce development board
or State workforce agency, or a local workforce
development board or local workforce
development agency;
``(iii) an education and training provider,
or a consortium thereof;
``(iv) if the applicant is in a State with
a State apprenticeship agency, such State
apprenticeship agency;
``(v) an Indian Tribe or Tribal
organization;
``(vi) an industry or sector partnership, a
group of employers, a trade association, or a
professional association that sponsors or
participates in a program under the national
apprenticeship system;
``(vii) a Governor of a State;
``(viii) a labor organization or joint
labor-management organization; or
``(ix) a qualified intermediary.
``(B) Sponsor requirement.--Not fewer than one
entity under subparagraph (A) shall be the sponsor of a
program under the national apprenticeship system.
``(11) Indian tribe; tribal organization.--The terms
`Indian Tribe' and `Tribal organization' have the meaning given
the terms (without regard to capitalization) in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(12) Interim credential.--The term `interim credential'
means a credential issued by a registration agency, upon
request of the appropriate sponsor, as certification of
competency attainment by a program participant during
participation in a program under the national apprenticeship
system.
``(13) Journeyworker.--The term `journeyworker' means a
worker who has attained a level of skill, abilities, and
competencies recognized within an industry as having mastered
the skills and competencies required for the occupation.
``(14) Minority-serving institution.--The term `minority-
serving institution' means an institution defined in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(15) National apprenticeship system.--The term `national
apprenticeship system' means the apprenticeship programs, youth
apprenticeship programs, and pre-apprenticeship programs that
are approved by the Office of Apprenticeship and State
apprenticeship agencies.
``(16) National program standards of apprenticeship.--The
term `national program standards of apprenticeship' means a set
of apprenticeship program standards developed and adopted by a
sponsor that--
``(A) are designed for nontraditional
apprenticeship occupations;
``(B) are demonstrably national or multi-State in
their design, suitability, and scope; and
``(C) are registered on a nationwide basis by the
Office of Apprenticeship upon having satisfied the
requirements of this Act.
``(17) Nontraditional apprenticeship population.--The term
`nontraditional apprenticeship population' means a group of
individuals (such as individuals from the same gender, race, or
ethnicity), the members of which--
``(A) comprise fewer than 25 percent of the program
participants in a program under the national
apprenticeship system; or
``(B) comprise a percentage of individuals employed
in an occupation that is lower than the percentage of
the total population comprised by such members, based
on the most recent satisfactory data from the Bureau of
the Census.
``(18) Nontraditional apprenticeship occupation.--
``(A) In general.--The term `nontraditional
apprenticeship occupation' means an occupation in an
industry sector which has an average program
participant rate of fewer than 10 percent for each of
the 5 preceding years.
``(B) Program participant rate.--In this paragraph,
the term `program participant rate', when used with
respect to an occupation in an industry sector, means
the percentage of the total program participants that
participate in a program under the national
apprenticeship system in such occupation.
``(19) Occupation suitable for apprenticeship.--The term
`occupation suitable for apprenticeship' means an occupation
that the Administrator has approved as an occupation suitable
for apprenticeship under section 121.
``(20) Outlying area.--The term `outlying area' means
American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
``(21) Pre-apprentice.--The term `pre-apprentice' means a
participant in a pre-apprenticeship program.
``(22) Pre-apprenticeship program.--The term `pre-
apprenticeship program' means a training model or program
that--
``(A) prepares individuals for acceptance into an
apprenticeship program;
``(B) meets the standards described in section
122(c); and
``(C) is registered under this Act.
``(23) Program participant.--The term `program participant'
means an apprentice, a pre-apprentice, or a youth apprentice.
``(24) Qualified intermediary.--
``(A) In general.--The term `qualified
intermediary' means an entity that demonstrates
expertise in building, connecting, sustaining, and
measuring the performance of partnerships described in
subparagraph (B) and serves program participants and
employers by--
``(i) connecting employers to programs
under the national apprenticeship system;
``(ii) assisting in the design and
implementation of such programs, including
curriculum development and delivery for related
instruction;
``(iii) supporting entities, sponsors, or
program administrators in meeting the
registration and reporting requirements of this
Act;
``(iv) providing professional development
activities such as training to mentors;
``(v) supporting the recruitment,
retention, and completion of potential program
participants, including nontraditional
apprenticeship populations and individuals with
barriers to employment;
``(vi) developing and providing
personalized program participant supports,
including by partnering with organizations to
provide access to or referrals for supportive
services and financial advising;
``(vii) providing services, resources, and
supports for development, delivery, expansion,
or improvement of programs under the national
apprenticeship system; or
``(viii) serving as a program sponsor.
``(B) Partnerships.--The term `partnerships
described in subparagraph (B)' means partnerships among
entities involved in, or applying to participate in,
programs under the national apprenticeship system,
including--
``(i) industry or sector partnerships;
``(ii) partnerships among employers, joint
labor-management organizations, labor
organizations, community-based organizations,
industry associations, State or local workforce
development boards, education and training
providers, social service organizations,
economic development organizations, Indian
Tribes or Tribal organizations, one-stop
operators, one-stop partners, or veterans-
service organizations in the State workforce
development system; or
``(iii) partnerships among one or more of
the entities described in clauses (i) and (ii).
``(25) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102), except that such term does not include a
certificate of completion of an apprenticeship.
``(26) Registration agency.--The term `registration agency'
means the Office of Apprenticeship or State apprenticeship
agency in a State that is responsible for--
``(A) registering programs under the national
apprenticeship system and program participants in the
State or area covered by such Office or agency; and
``(B) carrying out the responsibilities of
supporting the youth apprenticeship, pre-
apprenticeship, or apprenticeship programs registered
by such Office or agency, including--
``(i) providing technical assistance to
such programs and sponsors of such programs;
and
``(ii) conducting regular quality assurance
assessments and reviews of such programs to
ensure their compliance with the minimum labor
standards and the equal employment opportunity
requirements of Act.
``(27) Related instruction.--The term `related instruction'
means an organized and systematic form of instruction that
meets the requirements of section 122(b)(1)(C).
``(28) Related federal programs.--The term `related Federal
programs' means programs or activities under the following:
``(A) The Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), including adult education and
literacy activities under such Act.
``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
``(C) The Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
``(D) The Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
``(E) The Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
``(F) Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
``(G) Title V of the Older Americans Act of 1965
(42 U.S.C. 3056 et seq.).
``(H) The postsecondary level under the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
``(I) Chapter 2 of title II of the Trade Act of
1974 (19 U.S.C. 2271 et seq.).
``(J) Chapter 41 of title 38, United States Code.
``(K) Employment and training activities carried
out under the Community Services Block Grant Act (42
U.S.C. 9901 et seq.).
``(L) State unemployment compensation laws (in
accordance with applicable Federal law).
``(M) Section 231 of the Second Chance Act of 2007
(34 U.S.C. 60541).
``(N) Part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(O) Employment and training activities carried
out by the Department of Housing and Urban Development,
the Department of Defense, the Department of Commerce,
the Department of Energy, the Department of
Transportation, and the Small Business Administration.
``(P) Section 6(d)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(d)(4)).
``(Q) Educational assistance programs under
chapters 30 through 36 of title 38, United States Code.
``(29) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(30) Sponsor.--The term `sponsor' means any employer,
joint labor-management organization, trade association,
committee, professional association, labor organization,
education and training provider, or qualified intermediary--
``(A) in whose name a program under the national
apprenticeship system is (or is to be) registered or
approved by a registration agency; and
``(B) that assumes responsibility for the
implementation of such program.
``(31) State.--The term `State'--
``(A) has the meaning given such term in section 3
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102); and
``(B) includes each of the outlying areas.
``(32) State apprenticeship agency.--The term `State
apprenticeship agency' means a State agency recognized as a
State apprenticeship agency under section 113.
``(33) State apprenticeship council.--The term `State
apprenticeship council' means an entity established under
section 113(b)(3) to assist the State apprenticeship agency.
``(34) State office of apprenticeship.--The term `State
office of apprenticeship' means the office designated by the
Administrator to administer programs under the national
apprenticeship system in such State and meets the requirements
of section 111(b)(3).
``(35) State or local workforce development boards.--The
terms `State workforce development board' and `local workforce
development board' have the meanings given the terms `State
board' and `local board', respectively, in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
``(36) State workforce agency.--The term `State workforce
agency' means the State agency with responsibility for
workforce investment activities under chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
``(37) CTE terms.--The terms `area career and technical
education school', `articulation agreement', `credit transfer
agreement', `postsecondary educational institution', `Tribally
controlled college or university', `Tribally controlled
postsecondary career and technical institution', and `work-
based learning' have the meanings given in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
``(38) ESEA terms.--The terms `dual or concurrent
enrollment program', `early college high school', `education
service agency', `high school', `local educational agency',
`paraprofessional', and `State educational agency' have the
meanings given in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(39) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term in section
6132 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7452).
``(40) WIOA terms.--The terms `career pathway', `dislocated
worker', `in-demand industry sector or occupation', `individual
with a barrier to employment', `industry or sector
partnership', `labor market area', `local area', `one-stop
center', `one-stop operator', `one-stop partner', `supportive
services', and `workforce development system' have the meanings
given in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
``(41) Youth apprentice.--The term `youth apprentice' means
a participant in a youth apprenticeship program.
``(42) Youth apprenticeship program.--The term `youth
apprenticeship program' means a model or program that meets the
standards described in section 122(d) and is registered under
this Act.
``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
``Any funds appropriated under this Act shall only be used for, or
provided to, programs under the national apprenticeship system,
including any funds awarded for the purposes of grants, contracts,
cooperative agreements, or other agreements, or the development,
implementation, or administration, of programs under the national
apprenticeship system.
``SEC. 4. TRANSITION PROVISIONS.
``(a) In General.--The Secretary shall take such steps as are
necessary to provide for the orderly transition to the authority of
this Act (as amended by the National Apprenticeship Act of 2023) from
any authority under this Act as in effect on the day before the date of
enactment of the National Apprenticeship Act of 2023.
``(b) Rules and Regulations.--The Secretary of Labor may--
``(1) prescribe, in accordance with chapter 5 of title 5,
United States Code, rules and regulations to carry out this Act
to the extent necessary to administer and ensure compliance
with the requirements of this Act; and
``(2) continue to administer any regulations in effect as
of the date of enactment of the National Apprenticeship Act of
2023 that are not inconsistent with this Act.
``SEC. 5. DISAGGREGATION OF DATA.
``(a) In General.--The disaggregation of data under this Act shall
not be required when the number of program participants in a category
is insufficient to yield statistically reliable information or when the
results would reveal personally identifiable information about a
program participant or would reveal such information when combined with
other released information.
``(b) Exception.--This section shall not apply with respect to the
disaggregation of data for the purposes of research and evaluation
under section 132.
``SEC. 6. RELATION TO OTHER LAWS.
``Nothing in this Act shall invalidate, supersede, or limit the
remedies, rights, and procedures under any Federal, State, or local
law, or the law of any State or political subdivision of any State or
jurisdiction establishing minimum labor standards of apprenticeship or
minimum requirements for equal employment opportunity in connection
with programs under the national apprenticeship system that are more
protective than those established under this Act, including those laws
governing the numeric ratio of apprentices to journeyworkers, the
minimum starting age of an apprentice, the minimum entry wage payable
to a program participant, the minimum number of hours of on-the-job
learning or related instruction required by an apprenticeship program,
and the provision of remedies, rights, and procedures that provides
greater or equal protection for individuals based on race, color,
religion, national origin, sex, sexual orientation, gender identity,
age, genetic information, or disability than are afforded by this Act.
``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
``SEC. 111. THE OFFICE OF APPRENTICESHIP.
``(a) Establishment of the Office of Apprenticeship.--
``(1) In general.--There is established, in the Employment
and Training Administration of the Department of Labor, an
Office of Apprenticeship (referred to in this section as the
`Office'), which shall be directed by an Administrator who has
demonstrated knowledge of the national apprenticeship system
necessary to head the Office to facilitate the administration
of the requirements of this Act and of any regulations issued
under this Act, to coordinate the effective operation of the
national apprenticeship system, and to fulfill and advance the
specific duties and objectives described in this Act.
``(2) Final decision-making authority.--The Office of
Apprenticeship shall retain final decision-making authority on
all matters related to the registration, deregistration, and
operation of programs registered by a registration agency for
Federal purposes.
``(b) Responsibilities.--The Administrator shall be responsible for
the administration of this Act, including:
``(1) Promotion and awareness activities.--The
Administrator shall carry out promotion and awareness
activities, including the following:
``(A) Supporting the development or scaling of
apprenticeship models nationally, promoting the
effectiveness of youth apprenticeship, pre-
apprenticeship, and apprenticeship programs, and
providing promotional materials to State apprenticeship
agencies, State workforce development systems or local
workforce development systems, State educational
agencies or local educational agencies, employers,
trade associations, professional associations, industry
groups, labor organizations, joint labor-management
organizations, education and training providers,
Federal agencies, Federal and State correctional
facilities, veterans-service organizations, and
prospective apprentices in such programs.
``(B) Promoting greater diversity in the national
apprenticeship system including by--
``(i)(I) promoting outreach to
nontraditional apprenticeship populations,
including by engaging schools that participate
in a schoolwide program under section 1114 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314) and minority-serving
institutions;
``(II) disseminating best practices to
recruit nontraditional apprenticeship
populations, women, minorities, long-term
unemployed, individuals with a disability,
individuals recovering from substance abuse
disorders, veterans, military spouses,
individuals experiencing homelessness,
individuals impacted by the criminal or
juvenile justice system, and foster and former
foster youth; and
``(III) engaging small, medium-size, women-
owned, and minority-owned businesses, and
employers in high-skill, high-wage, and in-
demand industry sectors and occupations that
are nontraditional apprenticeship occupations;
and
``(ii) supporting the participation and
retention of apprentices and employers
described in clause (i) in the national
apprenticeship system.
``(2) Technical assistance activities.--The Administrator
shall carry out technical assistance activities, including the
following:
``(A) Providing technical assistance to--
``(i) assist State apprenticeship agencies
and sponsors in complying with the requirements
of this Act, including developing the State
plan in section 113(c), the process and
standards described in subtitle B, and the
evaluation and research requirements described
in subtitle C;
``(ii) receive and resolve comments or
complaints from youth apprentices, pre-
apprentices, or apprentices, sponsors,
employers, State apprenticeship agencies, State
local workforce agencies or local workforce
agencies, State educational agencies or local
educational agencies, qualified intermediaries,
labor organizations, joint labor-management
organizations, or other stakeholders;
``(iii) assist sponsors, employers,
qualified intermediaries, and education and
training or related instruction providers, or
other entities interested in becoming sponsors,
or seeking support for developing programs
under the national apprenticeship system or
effectively carrying out such programs,
including providing assistance for remote or
virtual learning or training, as necessary;
``(iv) assist those applying for or
carrying out grants, contracts, or cooperative
agreements under title II, including through
facilitating the sharing of best practices;
``(v) share, through a national
apprenticeship system clearinghouse, high-
quality materials for programs under the
national apprenticeship system, such as related
instruction or training materials, in user-
friendly formats and languages that are easily
accessible, as determined by the Administrator;
and
``(vi) assist State apprenticeship agencies
in establishing or expanding apprenticeship
hubs as is required in section 113(c)(7).
``(B) Cooperating with other Federal agencies for
the promotion and adoption of programs under the
national apprenticeship system, including the--
``(i) Secretary of Education in--
``(I) providing technical
assistance for the development and
implementation of related instruction
under the national apprenticeship
system that is aligned with State
education systems and education and
training providers; and
``(II) supporting the stackability
and portability of academic credit and
credentials earned as part of such
programs, including through
articulation agreements and career
pathways;
``(ii) State workforce development systems
to promote awareness of opportunities under the
national apprenticeship system;
``(iii) Attorney General and the Director
of the Bureau of Prisons in providing technical
assistance for the development and
implementation of related instruction under the
national apprenticeship system that is aligned
with a mentoring program administered by the
Attorney General to--
``(I) support the establishment or
expansion of pre-apprenticeships and
apprenticeship programs to all Federal
correctional institutions;
``(II) share through the national
apprenticeship system clearinghouse
research and best practices for
programs under the national
apprenticeship system in correctional
settings and for individuals impacted
by the criminal and juvenile justice
system;
``(III) provide technical
assistance for State prison systems and
employers seeking to operate or improve
corrections-based pre-apprenticeship or
apprenticeship programs; and
``(IV) support the successful
transition of individuals in
correctional institutions to pre-
apprenticeship or apprenticeship
programs upon exiting from correctional
settings; and
``(iv) Secretary of Health and Human
Services to coordinate with State programs for
temporary assistance to needy families funded
under part A of title VI of the Social Security
Act to promote awareness of opportunities under
the national apprenticeship system for
participants in such State programs.
``(3) State offices of apprenticeship.--
``(A) Establishment of offices.--
``(i) In general.--The Administrator shall
establish and operate a State Office of
Apprenticeship in a State described in clause
(ii) to serve as the registration agency for
such State.
``(ii) Applicable states.--A State
described in this clause is a State--
``(I) in which, as of the day
before the date of enactment of the
National Apprenticeship Act of 2023,
there is no State Office of
Apprenticeship; and
``(II) that has not applied for
recognition as a State apprenticeship
agency under section 113, or for which
such recognition has not provided or
has been withdrawn by the Administrator
under such section.
``(B) State plan requirement.--Each State Office of
Apprenticeship shall be administered by a State
Director who shall prepare and submit a State plan that
meets the requirements of section 113(c).
``(C) Vacancies.--Subject to the availability of
appropriations, in the case of a State Office of
Apprenticeship with a vacant position, the
Administrator shall--
``(i) make information on such vacancy
available on a publicly accessible website; and
``(ii) report to the Committee on Education
and the Workforce of the House of
Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate,
on the status and length of such vacancy if
such vacancy is not filled not later than 90
days after such position has become vacant.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit any State
described in subparagraph (A)(ii) from establishing an
agency or entity to promote programs under the national
apprenticeship system in such State, in coordination
with the State Office of Apprenticeship operating in
the State, so long as such agency or entity does not
act as the registration agency in such State.
``(4) Quality standards, apprenticeship agreement, and
registration review.--In order for the Secretary, acting
through the Administrator, to support the formulation and
furtherance of labor standards necessary to safeguard the
welfare of program participants, and to extend the application
of such standards in apprenticeship agreements, not later than
1 year after the effective date of the National Apprenticeship
Act of 2023, and at least every 3 years thereafter, the
Administrator shall review, and where appropriate, update the
process for meeting the requirements of subtitle B, including
applicable subregulatory guidance and registration processes to
ensure that such process is easily accessible and efficient to
bring together employers and labor as sponsors or potential
sponsors of programs under the national apprenticeship system.
``(5) Occupations suitable for apprenticeship.--
``(A) Existing occupations.--The Administrator
shall regularly review and update the requirements for
each occupation suitable for apprenticeship to ensure
that such requirements are in compliance with
requirements under this Act.
``(B) New occupations.--
``(i) In general.--The Administrator
shall--
``(I) review each application
submitted under section 121(a) seeking
approval for an occupation to be an
occupation suitable for apprenticeship;
and
``(II) not later than 45 days after
receipt of such application, make a
determination in accordance with
section 121 on whether to provide such
approval.
``(ii) Estimated timeline.--If the
Administrator does not make a determination
under clause (i)(II) within 45 days of receipt
of the application under section 121(a), the
Administrator shall provide the applicant
with--
``(I) a written explanation for the
delay; and
``(II) an estimated timeline for a
determination that does not exceed 90
days after the date of such written
explanation.
``(C) National occupational standards.--
``(i) In general.--From the funds
appropriated under section 141(a), the
Administrator shall convene, on an ongoing
basis and taking into consideration
recommendations of the Advisory Committee under
section 112(d)(4), the industry sector leaders
and experts described in clause (ii) for the
purposes of establishing or updating specific
frameworks of national occupational standards
for occupations suitable for apprenticeship
(including potential occupations) that--
``(I) meet the requirements of this
Act; and
``(II) describe program scope and
length, related instruction, on-the-job
training, recognized postsecondary
credentials, and competencies, and
relevant timelines for review of such
frameworks.
``(ii) Industry sector leaders and
experts.--
``(I) In general.--Subject to
subclause (II), the industry sector
leaders and experts described in this
clause are employers, industry
associations, joint labor-management
organizations, labor organizations,
education and training providers,
credential providers, program
participants, national qualified
intermediaries, including those
supporting increased participation of
nontraditional apprenticeship
populations and nontraditional
apprenticeship occupations, and other
stakeholders relevant to the sector or
occupation for which the frameworks are
being established or updated, as
determined by the Administrator.
``(II) Work related to sector 23 of
the north american industry
classification system.--In the case of
an occupation or sector that performs
work in sector 23 of the North American
Industry Classification System, not
fewer than half of the industry sector
leaders and experts involved in
establishing or updating the applicable
frameworks under clause (i) with
respect to such occupation or sector
shall be representatives of labor
organizations who represent employees
primarily in the building trades and
construction industry, or joint labor-
management organizations who have
responsibility for the administration
of an apprenticeship program in the
building trades and construction
industry.
``(iii) Priority national occupations
suitable for apprenticeship.--In establishing
frameworks under clause (i) for the first time
after the effective date of the National
Apprenticeship Act of 2023, the Administrator
shall prioritize the establishment of such
standards in high-skill, high-wage, or in-
demand industry sectors and occupations.
``(D) Regulations.--Not later than 1 year after the
date of the enactment of the National Apprenticeship
Act of 2023, the Secretary shall issue proposed
regulations for public comment that outline a process
for proactively establishing and approving standards
and requirements for occupations suitable for
apprenticeship in consultation with the industry sector
leaders and experts described in subparagraph (C)(ii).
``(E) Nontraditional apprenticeship populations.--
The Administrator shall regularly evaluate the
participation of the nontraditional apprenticeship
populations for each occupation suitable for
apprenticeship, such as women, minorities, long-term
unemployed, individuals with a disability, individuals
with substance abuse issues, veterans, military
spouses, individuals experiencing homelessness,
individuals impacted by the criminal or juvenile
justice system, and foster and former foster youth.
``(6) Program oversight and evaluation.--The Administrator
shall--
``(A) monitor State apprenticeship agencies, State
Offices of Apprenticeship, grantees, and sponsors of
programs under the national apprenticeship system to
ensure compliance with the requirements of this Act;
``(B) provide technical assistance to assist such
entities with such compliance or program performance;
``(C) conduct research and evaluation in accordance
with subtitle C; and
``(D) require regular reports on the performance of
state agencies, including on efforts state agencies
make to increase employer awareness of apprenticeship
programs for employers who have not participated.
``(7) Promoting diversity in the national apprenticeship
system.--The Administrator shall promote diversity and ensure
equal opportunity to participate in programs for apprentices,
youth apprentices, and pre-apprentices, including--
``(A) taking steps necessary to promote diversity
in occupations suitable for apprenticeship under the
national apprenticeship system, especially in high-
skill, high-wage, or in-demand industry sectors and
occupations in areas with high percentages of low-
income individuals;
``(B) ensuring programs under the national
apprenticeship system--
``(i) adopt and implement the policies and
programs described in part 30 of title 29, Code
of Federal Regulations (as in effect on January
1, 2024); and
``(ii) are subject, for any violation of
clause (i), to enforcement action under this
Act; and
``(C) supporting the recruitment, employment, and
retention of nontraditional apprenticeship populations
in programs under the national apprenticeship system in
high-skill, high-wage, and in-demand industry sectors
and occupations, including women, people of color,
individuals with disabilities, low-income participants
in related Federal programs, individuals impacted by
the criminal and juvenile justice system, and
individuals with barriers to employment, as applicable.
``(8) Grant awards.--The Administrator shall award grants,
contracts, cooperative agreements, or other agreements under
title II.
``(9) National advisory committee.--The Administrator
shall--
``(A) regularly consult with the National Advisory
Committee on Apprenticeships under section 112; and
``(B) ensure that the required recommendations and
other reports of the Advisory Committee are submitted
to the Secretary and transmitted to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
``(10) Coordination.--The Administrator shall coordinate
and align programs under the national apprenticeship system
with related Federal programs, to better promote participation
in the national apprenticeship program.
``(c) Information Collection and Dissemination.--The Administrator
shall provide for data collection and dissemination of information
regarding programs under the national apprenticeship system,
including--
``(1) not later than 1 year after the date of the enactment
of the National Apprenticeship Act of 2023, establishing and
supporting a single information technology infrastructure to
support data collection and reporting from State apprenticeship
agencies, State Offices of Apprenticeship, grantees under title
II, program sponsors, and program administrators under the
national apprenticeship system by providing for a data
infrastructure that--
``(A) is developed and maintained by the
Administrator, with input from national data and
privacy experts, is informed by best practices on
public provision of credential information, and to the
extent practicable, aligns with the technology
infrastructure for related Federal programs, such as
the technology infrastructure used under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
``(B) best meets the needs of the national
apprenticeship system stakeholders reporting data to
the Administrator or State apprenticeship agencies,
including through the provision of technical assistance
and financial assistance as necessary to ensure
reporting systems are equipped to report into a single
information technology infrastructure; and
``(C) is aligned with data from the performance
reviews under section 131(b)(1)(A);
``(2) providing for data sharing that includes making
nonpersonally identifiable apprenticeship data available on a
publicly accessible website that is consumer tested and is
searchable and comparable, through the use of common, linked,
open-data description language, such as the credential
transparency description language or a substantially similar
resource, so that interested parties can become aware of
apprenticeship opportunities and of program outcomes that best
meets the needs of youth apprentices, pre-apprentices, and
apprentices, employers, education and training providers,
program sponsors, and relevant stakeholders, including--
``(A) information on program offerings under the
national apprenticeship system based on geographical
location and occupations suitable for apprenticeship;
``(B) information on education and training
providers providing opportunities under such system,
including whether programs under such system offer dual
or concurrent enrollment programs, articulation
agreements, and recognized postsecondary credentials as
part of the program offerings;
``(C) information about the educational and
occupational credentials and related competencies of
programs under such system; and
``(D) information based on the most recent data
available to the Office that is consistent with
national standards and practices.
``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS.
``(a) Establishment.--
``(1) In general.--There is established, in the Department
of Labor, a National Advisory Committee on Apprenticeships.
``(2) Composition.--
``(A) Appointments.--The Advisory Committee shall
consist of 27 voting members described in subparagraph
(B) appointed by the Secretary.
``(B) List of individuals.--The individuals
described in this subparagraph are--
``(i) 9 representatives of employers or
industry associations who participate in an
apprenticeship program (at least 1 of which
represents a women, minority, or veteran-owned
business), including representatives of
employers representing nontraditional
apprenticeship occupations, and other high-
skill, high-wage, or in-demand industry sectors
or occupations, as applicable;
``(ii) 9 representatives of labor
organizations or joint labor-management
organizations who have responsibility for the
administration of an apprenticeship program
(including those sponsored by a joint labor-
management organization and from nontraditional
apprenticeship occupations), at least 1 of
which represent employees primarily in the
building trades and construction industry; and
``(iii) 1 representative of each from--
``(I) a State apprenticeship
agency;
``(II) a State or local workforce
development board with significant
expertise in supporting a program under
the national apprenticeship system;
``(III) a community organization
with significant expertise supporting
such a program;
``(IV) an area career and technical
education school or local educational
agency;
``(V) a State apprenticeship
council;
``(VI) a State or local
postsecondary education and training
provider that administers, or has not
less than 1 articulation agreement with
an entity administering, a program
under the national apprenticeship
system;
``(VII) a provider of an industry-
recognized credential;
``(VIII) a national qualified
intermediary, including a national
qualified intermediary that supports
increased participation of
nontraditional apprenticeship
populations and nontraditional
apprenticeship occupations; and
``(IX) a program participant.
``(C) Ex officio nonvoting members.--The Advisory
Committee shall consist of ex officio nonvoting members
from each of the following departments, selected by the
applicable Secretary--
``(i) the Department of Labor;
``(ii) the Department of Commerce;
``(iii) the Department of Education;
``(iv) the Department of Energy;
``(v) the Department of Housing and Urban
Development;
``(vi) the Department of Transportation;
``(vii) the Department of Veterans Affairs;
``(viii) the Department of Health and Human
Services;
``(ix) the Department of Justice;
``(x) the Department of Defense; and
``(xi) the Federal Communications
Commission.
``(D) Recommendations.--The Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and
the minority leader of the Senate may each recommend to
the Secretary an individual described in clause (i) or
(ii) of subparagraph (B) for appointment under
subparagraph (A) who shall be subject to the
requirements of paragraph (3).
``(3) Qualifications.--An individual shall be selected
under paragraph (1) on the basis of the experience and
competence of such individual with respect to programs under
the national apprenticeship system.
``(4) Terms.--
``(A) In general.--Each voting member of the
Advisory Committee shall be appointed for a term of 3
years, except as provided in subparagraphs (B) through
(D).
``(B) Terms of initial appointees.--
``(i) In general.--The appointments of the
initial members of the Advisory Committee shall
be made not later than 6 months after the
effective date of the National Apprenticeship
Act of 2023.
``(ii) Staggering of terms.--As designated
by the Secretary at the time of the
appointment, of the members first appointed--
``(I) one-third of such members
shall serve a 1-year term;
``(II) one-third of such members
shall serve a 2-year term; and
``(III) one-third of such members
shall serve a 3-year term.
``(C) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Advisory Committee shall be filled in the manner in
which the original appointment was made, except that
such appointment shall be made not later than 90 days
after the date of the vacancy. A member who fulfilled a
partial term as the result of a vacancy may, at the end
of that term, be appointed to a full term.
``(D) Multiple terms.--A voting member of the
Advisory Committee may serve not more than 2 full terms
on the Advisory Committee.
``(E) Subcommittees.--The Secretary may establish
subcommittees under the Advisory Committee, which shall
be composed in equal number of representatives from
individuals listed in subclauses (I), (II), and (III)
of subparagraph (B)(ii) to carry out specific functions
related to the purposes of the Advisory Committee, and
provide recommendations to the Advisory Committee for
the review and consideration of the Advisory Committee,
and which may meet, as appropriate, when the Advisory
Committee is not meeting in accordance with subsection
(c).
``(b) Chairperson.--The Secretary shall designate one of the voting
members described in subsection (a)(2)(A) of the Advisory Committee to
serve as Chairperson of the Advisory Committee.
``(c) Meetings.--
``(1) In general.--The Advisory Committee shall meet at the
call of the Secretary and shall hold not fewer than 4 meetings
during each calendar year. The Secretary shall consult with the
Chairperson in developing the agenda for the meeting.
``(2) Open access.--All meetings of the Advisory Committee
shall be open to the public. A transcript shall be kept of each
meeting and made available for public inspection within 30 days
of the meeting.
``(d) Duties.--The Advisory Committee shall, at a minimum--
``(1) advise, consult with, and make recommendations to the
Secretary on matters relating to the administration of this
Act, including recommendations on regulations and policies
related to the administration of this Act;
``(2) annually prepare a set of recommendations for the
Secretary, to be shared with the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate, to
improve the registration process under subtitle B to make the
process easily accessible and efficient for use by sponsors
while maintaining the requirements under subtitle B;
``(3) make recommendations on expanding participation of
nontraditional apprenticeship populations in programs under the
national apprenticeship system;
``(4) review occupations suitable for apprenticeship and,
based on reviews of labor market trends and changes, make
recommendations to the Secretary on whether to--
``(A) update the list of occupations suitable for
apprenticeship under section 111(b)(5)(A); or
``(B) convene sector leaders and experts under
section 111(b)(5)(C) for establishing specific
frameworks of national occupational standards; and
``(5) make recommendations on the development of
demonstrations projects as described in section 132(f).
``(e) Personnel.--
``(1) Compensation of members.--
``(A) In general.--A member of the Advisory
Committee who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
Advisory Committee.
``(B) Officers or employees of the united states.--
Members of the Advisory Committee who are officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service on the Advisory Committee.
``(2) Staff.--The Secretary shall supply the Advisory
Committee with an executive Secretary and provide such
secretarial, clerical, and other services as the Secretary
determines to be necessary to enable the Advisory Committee to
carry out the duties described in subsection (d).
``(3) Data requests.--The Advisory Committee through its
Chairperson may request data from the Secretary as determined
necessary by the Advisory Committee to carry out its functions
as described in this section.
``(f) Permanent Committee.--Chapter 10 of title 5, United States
Code (commonly known as the `Federal Advisory Committee Act') (other
than section 1013 of such chapter) shall apply to the Advisory
Committee.
``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF
APPRENTICESHIP.
``(a) Recognition of State Apprenticeship Agencies.--
``(1) In general.--The Administrator shall recognize a
State agency as a State apprenticeship agency in accordance
with this section and cooperate with such State apprenticeship
agency regarding the formulation and promotion of standards of
apprenticeship under subtitle B.
``(2) Application.--A State desiring to have a State agency
recognized as a State apprenticeship agency under this section
shall submit an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
``(A) the initial State plan described in
subsection (c)(2)(A)(i);
``(B) a description of how the State apprenticeship
agency will meet the State plan requirements of
subsection (c); and
``(C) a description of the linkages and
coordination of the State's proposed standards,
criteria, and requirements with the State's economic
development strategies and workforce development system
and the State's secondary, postsecondary, and adult
education systems.
``(3) Review and recognition.--
``(A) In general.--Not later than 6 months after
the date on which a State submits an application under
paragraph (2), the Secretary shall notify the State
regarding whether the agency of the State is recognized
as a State apprenticeship agency under this section.
``(B) Duration of recognition.--
``(i) Duration.--The recognition of a State
apprenticeship agency shall be for a 4-year
period beginning on the date the State
apprenticeship agency is notified under
subparagraph (A).
``(ii) Notification.--
``(I) In general.--The Secretary
shall notify a State apprenticeship
agency not later than 180 days before
the last day of the 4-year period
regarding whether the State
apprenticeship agency is in compliance
with this section.
``(II) Compliance.--In the case of
a State apprenticeship agency that is
in compliance with this section, the
agency's recognition under this section
shall be renewed for an additional 4-
year period and the notification under
subclause (I) shall include
notification of such renewal.
``(III) Noncompliance.--In the case
of a State apprenticeship agency that
is not in compliance with this section,
the notification shall--
``(aa) specify the areas of
noncompliance;
``(bb) require corrective
action; and
``(cc) offer technical
assistance.
``(iii) Renewal after correction.--If the
Administrator determines that a State
apprenticeship agency has corrected the
identified areas of noncompliance under this
subparagraph not later than 180 days of
notification of noncompliance, the State
apprenticeship agency's recognition under this
section shall be renewed for an additional 4-
year period.
``(C) Transition period for state agencies.--
``(i) In general.--Not later than 1 year
after the effective date of the National
Apprenticeship Act of 2023, a State agency
that, as of the day before the date of
enactment of such Act, was recognized by the
Secretary for purposes of registering
apprenticeship programs in accordance with this
Act shall submit an application under paragraph
(2).
``(ii) Transition period.--A State agency
described in clause (i) shall be recognized as
a State apprenticeship agency under this
section for a 4-year period beginning on the
date on which the Secretary approves the
application submitted by the State agency under
paragraph (2).
``(b) Authority of a State Apprenticeship Agency.--
``(1) In general.--For the period during which a State
apprenticeship agency is recognized under subsection (a) and to
maintain such recognition, the State apprenticeship agency
shall carry out the requirements of this Act.
``(2) Program registration.--With respect to a State with a
State apprenticeship agency, the State apprenticeship agency
shall have authority to register a pre-apprenticeship, youth
apprenticeship, or apprenticeship program in such State, which
shall include--
``(A) determining whether such program is in
compliance with the standards for such program under
section 122;
``(B) in the case of such a program that is in
compliance with such standards, registering the program
and providing a certificate of registration for such
program in accordance with section 124;
``(C) providing technical assistance to current or
potential sponsors; and
``(D) in the case of such a program that fails to
meet the requirements of this Act, providing for the
deregistration of the program in accordance with
section 131(c).
``(3) State apprenticeship council.--
``(A) In general.--A State apprenticeship agency
shall establish and maintain a State apprenticeship
council, which shall operate under the direction and
control of the State apprenticeship agency, and whose
functions shall include providing the State
apprenticeship agency with advice, recommendations, and
reports concerning apprenticeship policies,
regulations, and trends.
``(B) Composition.--A State apprenticeship council
may be regulatory or advisory in nature, and shall--
``(i) be composed of persons familiar with
occupations suitable for apprenticeship; and
``(ii) be fairly balanced, with an equal
number of--
``(I) representatives of employer
organizations, including from
nontraditional apprenticeship
occupations;
``(II) representatives of labor
organizations or joint labor-management
organizations, including from
nontraditional apprenticeship
occupations; and
``(III) public members; and
``(iii) to the extent practicable, have not
less than 1 member who is a member of the State
workforce board.
``(C) Special rule.--A State apprenticeship council
may make recommendations on a sponsor's application for
program registration, but shall not make final
determinations on approval or disapproval of such
application.
``(c) State Plan.--
``(1) In general.--For a State apprenticeship agency to be
eligible to receive allotments under subsection (f) and to be
recognized under this section, the State apprenticeship agency
shall submit to the Secretary a State plan that meets the
requirements of this subsection.
``(2) Approval of state plan.--
``(A) Submission.--
``(i) Initial plan.--The first State plan
of a State apprenticeship agency shall contain
the contents required under this subsection,
including the plan to promote diversity in the
national apprenticeship system as described in
paragraph (5), and shall be submitted to the
Administrator not later than 120 days prior to
the commencement of the first full program year
of the State apprenticeship agency, which shall
include--
``(I) a description of any State
laws, policies, or operational
procedures relating to the process of
registering programs under the national
apprenticeship system that is
inconsistent with, or imposes
requirements in addition to, the
requirements of this Act;
``(II) an assurance that the State
will notify the Administrator if there
are any changes to the State laws
(including regulations), policies, or
procedures described in subclause (I)
that occur after the date of submission
of such plan; and
``(III) an assurance that the State
will make available on a publicly
available website a description of any
laws (including regulations), policies,
and operational procedures relating to
the process of registering programs
under the national apprenticeship
system that are inconsistent with, or
impose requirements in addition to, the
requirements of this Act.
``(ii) Subsequent plans.--Except as
provided in clause (i), a State plan shall be
submitted to the Administrator not later than
120 days prior to the end of the 4-year period
covered by the preceding State plan.
``(B) Approval.--A State plan shall be subject to
the approval of the Administrator and shall be
considered to be approved at the end of the 90-day
period beginning on the date that the plan is submitted
under this paragraph, unless the Administrator, during
the 90-day period, provides the State apprenticeship
agency, in writing--
``(i) an explanation for why the State plan
is inconsistent with the requirements of this
Act; and
``(ii) an opportunity for an appeal of such
determination to an Administrative Law Judge
for the Department of Labor not later than 30
days after receipt of the notice of denial from
the Administrator.
``(C) Modifications.--
``(i) Modifications.--At the end of the
first 2-year period of any 4-year State plan,
the State may submit modifications to the State
plan to reflect changes in labor market and
economic conditions or other factors affecting
the implementation of the State plan.
``(ii) Approval.--A modified State plan
submitted for review under clause (i) shall be
subject to the approval requirements described
in subparagraph (B).
``(3) Technical assistance.--Each State Plan shall describe
how the State apprenticeship agency will provide technical
assistance for--
``(A) potential sponsors, employers, labor
organizations, joint labor-management organizations,
qualified intermediaries, apprentices, education and
training providers, credentialing bodies, eligible
entities, industry associations, or any potential
program participant in the national apprenticeship
system in the State for the purposes of recruitment,
retention, program development, expansion, or
implementation, including supporting remote or virtual
learning or training, as necessary;
``(B) sponsors of programs registered in the State,
including sponsors that are not meeting performance
goals under subtitle C, for purposes of assisting
sponsors in meeting or exceeding such goals; and
``(C) sponsors of programs registered in that State
for purposes of assisting such sponsors in achieving
State goals in diversity and equal opportunity in
apprenticeships in accordance with paragraph (5).
``(4) Reciprocity.--Each State plan shall describe the
process for the State apprenticeship agency to register in the
State any apprenticeship program that is seeking to be
registered in such State, and that is registered in another
State or that meets the national program standards of
apprenticeship, including a description of the process for--
``(A) the program sponsor of such apprenticeship
program to request that the State apprenticeship agency
register such program in the State of the State
apprenticeship agency; and
``(B) the State apprenticeship agency to register
such program by not later than 90 days after receiving
the request for such registration under subparagraph
(A) only if, after consultation with the State
Apprenticeship Council, the agency determines that such
program will, as of the date on which the agency
registers such program--
``(i) provide not less than the wages,
overtime pay, fringe benefits, and hours of on-
the-job learning and related classroom-based
instruction that are required for
apprenticeship programs registered in the
State; and
``(ii) in the case of a program that is
determined by the Secretary to be in a high-
hazard occupation, meet the numeric ratio
requirement of apprentices to supervisors (such
as journeyworkers, mentors, or on-the-job
learning instructors, as applicable) that is at
least as protective with regard to health,
safety, and supervision as such numeric ratio
requirement for apprenticeship programs
registered in the State.
``(5) Promoting diversity in the national apprenticeship
system.--Each State plan shall include a plan for how the State
apprenticeship agency will--
``(A) promote diversity in occupations suitable for
apprenticeship offered throughout the State, and a
description of how such agency will promote the
addition of such occupations in high-skill, high-wage,
or in-demand industry sectors and occupations, and in
nontraditional apprenticeship occupations; and
``(B) promote diversity and equal opportunity in
programs under the national apprenticeship system by
uniformly adopting and implementing the requirements of
subparagraphs (B) and (C) of section 111(b)(7).
``(6) Complaints.--
``(A) In general.--Subject to subparagraph (B),
each State plan shall include a description of the
system for the State apprenticeship agency to receive
and resolve complaints submitted by program
participants, the program participant's authorized
representative, sponsors, employers, or nonprofit
compliance organizations, such as complaints concerning
equal employment opportunity or discrimination,
violations of the apprenticeship agreement, or
violations of requirements under this Act.
``(B) Collective bargaining agreements.--Any
controversy arising under an apprenticeship agreement
which is covered by a collective bargaining agreement
shall not be subject to the system described in
subparagraph (A), except that complaints concerning
discrimination or any matters described in subparagraph
(5)(B) shall be subject to such system.
``(7) State apprenticeship hubs.--Each State plan shall
describe how the State will support, in a manner that takes
into consideration geographic diversity, the creation and
implementation of apprenticeship hubs throughout the State that
shall work with industry and sector partnerships to expand
programs under the national apprenticeship system, and
occupations suitable for apprenticeship, in the State.
``(8) State apprenticeship performance outcomes.--Each
State plan shall--
``(A) in coordination with the Administrator,
establish annual State performance goals for the
programs registered by the State apprenticeship agency
for the indicators described--
``(i) in subparagraph (A) of section
131(b)(1); and
``(ii) in subparagraph (B)(ii) of section
131(b)(1);
``(B) describe how the State apprenticeship agency
will collect performance data from programs registered
by the agency; and
``(C) annually report on the outcomes of each such
program in relation to the State-established goals
under subparagraph (A).
``(9) Uses of funds.--Each State plan shall include a
description of the uses described in subsection (d) of the
allotment received by the State apprenticeship agency under
subsection (f).
``(10) Alignment of workforce activities.--Each State plan
shall include a summary of State-supported workforce
development activities (including education and training) in
the State, including--
``(A) a summary of the apprenticeship programs on
the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
``(B) the degree to which the programs under the
national apprenticeship system in the State are aligned
with and address the skill needs of the employers in
the State identified by the State workforce development
board; and
``(C) a description of how apprenticeship programs
will receive expedited consideration to be included on
the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
``(11) State strategic vision.--Each State plan shall
include a summary of the State's strategic vision and set of
goals for preparing an educated and skilled workforce and for
meeting the skilled workforce needs of employers, including in
existing and emerging in-demand industry sectors and
occupations as identified by the State, and how the programs
registered by the State apprenticeship agency in the State will
help to meet such goals.
``(12) Strategy for any joint planning, alignment,
coordination, and leveraging of funds.--Each State plan shall
provide a description of the State apprenticeship agency's
strategy for joint planning, alignment, coordination, and
leveraging of funds--
``(A) with the State's workforce development
system, to achieve the strategic vision and goals
described in paragraph (11), including the core
programs defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) and the
elements related to system alignment under section
102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B));
``(B) for programs under the national
apprenticeship system in the State with other Federal
education programs, including programs under--
``(i) the Elementary and Secondary
Education Act of 1965;
``(ii) the Individuals with Disabilities
Education Act;
``(iii) the Carl D. Perkins Career and
Technical Education Act of 2006; and
``(iv) the Higher Education Act of 1965;
and
``(C) to provide information about access to
available State assistance or assistance under related
Federal programs, including such assistance under--
``(i) section 6(d) of the Food and
Nutrition Act of 2008;
``(ii) subsection (c)(1) of section 3672 of
title 38, United States Code;
``(iii) section 231 of the Second Chance
Act of 2007 (34 U.S.C. 60541); and
``(iv) the State Temporary Assistance for
Needy Families programs under part A of title
IV of the Social Security Act.
``(13) State apprenticeship council.--Each State plan shall
provide for a description of the composition, roles, and
responsibility of the State apprenticeship council, and how the
Council will comply with the requirements of subsection (b)(3).
``(d) State Apprenticeship Agency Funding.--A State apprenticeship
agency shall use funds received under clauses (i) and (ii) of
subsection (f)(1)(A) according to the following requirements:
``(1) Program administration.--The State apprenticeship
agency shall use such funds to support the administration of
programs under the national apprenticeship system across the
State, including for--
``(A) staff and resources;
``(B) oversight and evaluation as required under
this Act;
``(C) technical assistance to program sponsors,
program participants, employers, labor organizations,
joint labor-management organizations, education and
training providers, and qualified intermediaries;
``(D) pre-apprenticeship, youth, and apprenticeship
program recruitment and development, including for--
``(i) engaging potential providers of such
programs such as employers, qualified
intermediaries, related instruction providers,
and potential program participants;
``(ii) publicizing apprenticeship
opportunities and benefits; and
``(iii) engaging State workforce and
education systems for collaboration and
alignment across systems;
``(E) supporting the enrollment and apprenticeship
certification requirements to allow veterans and other
individuals eligible for the educational assistance
programs under chapters 30 through 36 of title 38,
United States Code, and any related educational
assistance programs under laws administered by the
Secretary of Veterans Affairs, to use such assistance
for the apprenticeship program, including the
requirement of designating a certifying official; and
``(F) supporting the retention and completion of
program participants in such programs, such as by
assisting with the costs--
``(i) related to enrolling in such
programs; or
``(ii) of assessments related to obtaining
a recognized postsecondary credential.
``(2) Educational alignment.--The State apprenticeship
agency shall use not less than 10 percent of such funds to
engage with the State education system to provide technical
assistance and best practices regarding--
``(A) alignment of youth apprenticeship programs
with the secondary education programs in the State,
including support for career exploration, career
pathways, education and career planning, and engagement
with youth apprenticeship programs for teachers, career
guidance and academic counselors, school leaders,
administrators, and specialized instructional support
personnel and paraprofessionals;
``(B) alignment of related instruction provided
under the national apprenticeship system in the State
with academic credit granting postsecondary programs
(including developing career pathways, articulation
agreements, and prior learning assessments); and
``(C) the joint planning, alignment, coordination,
and leveraging of funds described in subparagraphs (B)
and (C) of subsection (c)(12).
``(3) Workforce alignment.--The State apprenticeship agency
shall use not less than 10 percent of such funds to engage with
the State workforce development system to provide technical
assistance and best practices regarding--
``(A) alignment with the State's workforce
activities and strategic vision in accordance with
paragraphs (10), (11), and subparagraphs (A) and (C) of
paragraph (12) of subsection (c);
``(B) guidance for training staff of the workforce
development system, including the vocational
rehabilitation agencies, within the State on the value
of programs under the national apprenticeship system as
a work-based learning option for participants,
including participants of programs authorized under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.) such as Job Corps under subtitle C of
title I of such Act and YouthBuild under section 171 of
such Act;
``(C) providing a list of programs under the
national apprenticeship system that are offered in the
State, including in the State's high-skill, high-wage,
or in-demand industry sectors or occupations;
``(D) alignment of funding received and reporting
required under this Act, including relevant placement,
retention, and earnings information, with the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), and technical assistance in how individual
training accounts under section 134(c)(3) of such Act
could be used to pay for the costs of enrolling and
participating in programs under the national
apprenticeship system;
``(E) partnerships with State or local workforce
development boards, State workforce agencies, and one-
stop centers and one-stop operators that assist program
participants in accessing supportive services to
support--
``(i) the recruitment, retention, and
completion of programs under the national
apprenticeship system, including the
recruitment of nontraditional populations and
dislocated workers;
``(ii) transitions from youth
apprenticeships and pre-apprenticeships to
apprenticeship programs; and
``(iii) the placement into employment or
further education upon program completion; and
``(F) expanding the list of eligible providers of
training services under section 122(d) of the Workforce
Innovation and Opportunity Act to include programs
under the national apprenticeship system in the State
(29 U.S.C. 3152(d)).
``(4) Leadership activities.--
``(A) In general.--A State apprenticeship agency
may reserve not more than 15 percent of the funds
received under subsection (f) in support of State
apprenticeship initiatives described in this paragraph.
``(B) Diversity.--Not less than 5 percent of the
amount reserved under subparagraph (A) shall be used by
the State apprenticeship agency for supporting and
expanding diversity in occupations suitable for
apprenticeship under the national apprenticeship system
in the State and program participant populations in the
State.
``(C) Incentives for employers.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) to incentivize employers to
participate in programs under the national
apprenticeship system, such as costs related to program
development, staffing for mentors and supervisors,
related instruction, or the creation of industry or
sector partnerships to support employer participation.
``(D) State-specific initiatives.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) for State-specific initiatives, such
as the development or expansion of youth apprenticeship
programs or apprenticeship programs in high-skill,
high-wage, or in-demand industry sectors and
occupations.
``(5) State match for federal investment.--
``(A) In general.--Except in the case of
exceptional circumstances, as determined by the
Administrator, in order to receive a full allotment
under subsection (f), a State apprenticeship agency
shall use matching funds from non-Federal resources to
carry out the activities of the agency under this Act
in an amount not less than 25 percent of such
allotment.
``(B) Transition period.--The requirement under
this paragraph shall take effect with respect to a
State apprenticeship agency on the date that is 1 day
after the date on which the transition period for such
agency under subsection (a)(3)(C)(ii) ends.
``(e) Derecognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary may withdraw recognition
of a State apprenticeship agency before the end of the agency's
4-year recognition period under subsection (a)(2)(B) if the
Secretary determines, after notice and an opportunity for a
hearing, that the State apprenticeship agency has failed for
one of the reasons described in paragraph (2), and has not been
in compliance with the performance improvement plan under
paragraph (3) to remedy such failure.
``(2) Derecognition criteria.--The recognition of a State
apprenticeship agency under this section may be withdrawn under
paragraph (1) in a case in which the State apprenticeship
agency fails to--
``(A) adopt or properly enforce a State plan;
``(B) properly carry out its role as the sole
registration agency in the State;
``(C) submit a report under section 131(b)(1)(B)
for any program year;
``(D) meet the State levels of performance as
described in subsection (c)(8)(A) or demonstrate
improvements in performance for 3 consecutive program
years; or
``(E) otherwise fulfill or operate in compliance
with the requirements of this Act.
``(3) Derecognition process.--
``(A) In general.--If a State apprenticeship agency
fails for any of the reasons described in paragraph
(2), the Secretary shall provide technical assistance
to such agency for corrective action to remedy such
failure, including assistance in the development of a
performance improvement plan.
``(B) Reduction of funds.--Except in the case of
exceptional circumstances as determined by the
Administrator, in a case in which such a State
apprenticeship agency continues such failure after the
provision of the technical assistance under
subparagraph (A)--
``(i) the percentage of the funds to be
allotted to the State apprenticeship agency
under subsection (f) for each fiscal year
following the fiscal year in which such failure
has been identified shall be reduced by 5
percentage points; and
``(ii) the Administrator shall provide
notice to the State apprenticeship agency that
the agency's recognition under this section may
be withdrawn if the agency fails to remedy the
failure.
``(C) Termination of proceedings.--If the
Administrator determines that the State apprenticeship
agency's corrective action under subparagraph (A) has
addressed the agency's failure identified under
paragraph (2), the Administrator shall--
``(i) restore the agency's full funding
allocation under this title for the next full
fiscal year; and
``(ii) notify the State apprenticeship
agency that the agency's recognition will not
be withdrawn under this section for the reason
for which the agency's funding under this title
was most recently reduced.
``(D) Opportunity for hearing.--
``(i) In general.--In a case in which a
State apprenticeship agency fails to remedy a
failure identified under paragraph (2), the
Administrator shall--
``(I) notify, in writing, the State
apprenticeship agency of the failure of
the State apprenticeship agency,
including a description of such failure
and an explanation that the agency's
recognition under this section may be
withdrawn as a result of such failure;
and
``(II) offer the State
apprenticeship agency an opportunity to
request a hearing not later than 30
days after the date of such notice.
``(ii) Referral to office of administrative
law judges.--In a case in which the State
apprenticeship agency requests a hearing under
clause (i)(II), the Administrator shall refer
the matter to the Office of Administrative Law
Judges for a recommended decision by the
Administrative Review Board for final agency
action.
``(4) Requirements regarding withdrawal of recognition.--
``(A) Office of apprenticeship.--
``(i) Prior to order.--Prior to the
withdrawal of the recognition of a State
apprenticeship agency under this section, the
Administrator shall--
``(I) provide to the State
apprenticeship agency an order
withdrawing recognition of such agency
under this section; and
``(II) establish a State Office of
Apprenticeship; and
``(ii) After order.--Not later than 30 days
after the date of such order, provide
notification of the withdrawal to the sponsors
of the programs under the national
apprenticeship system in such State that were
registered with the State apprenticeship agency
to enable each such sponsor to be registered
with the Administrator (acting through the
State Office of Apprenticeship established
under clause (i)(II)).
``(B) State apprenticeship agency requirements.--A
State agency whose recognition as a State
apprenticeship agency under this section has been
withdrawn under paragraph (3) shall--
``(i) provide to the Administrator program
standards, apprenticeship agreements,
completion records, cancellation and suspension
records, performance metrics, and any other
documents relating to the State's programs
under the national apprenticeship system in the
State;
``(ii) cooperate fully during the
transition period beginning on the date of the
order withdrawing such recognition and ending
on the date on which the Administrator
establishes a State Office of Apprenticeship in
the State; and
``(iii) return any unused funds received
under this Act.
``(5) Reinstatement of recognition.--A State apprenticeship
agency that has had its recognition withdrawn under this
section may have such recognition reinstated upon presentation
of adequate evidence that the State apprenticeship agency has--
``(A) submitted an application under subsection
(a)(2); and
``(B) demonstrated the ability to operate in
compliance with the requirements of this Act.
``(f) Reservation and State Allotments.--
``(1) State allotments.--
``(A) In general.--Of the amount appropriated under
subsection (g) for a fiscal year--
``(i) 33\1/3\ percent shall be equally
distributed among each State Office of
Apprenticeship, outlying area, and eligible
State; and
``(ii) 66\2/3\ percent shall be allotted to
eligible States on the basis described in
subparagraph (B).
``(B) Formula.--
``(i) In general.--Of the amount available
under subparagraph (A)(ii)--
``(I) 25 percent shall be allotted
on the basis of the relative share of
program participants in each eligible
State, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total number of program
participants in all eligible States, as
determined on such basis;
``(II) 25 percent shall be allotted
on the basis of the relative share of
program participants who have completed
a program under the national
apprenticeship system in each eligible
State during the most recent 5-year
period, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total 5-year average of
program participants who have completed
a program in all eligible States, as
determined on such basis; and
``(III) 50 percent shall be
allotted on the basis described in
clause (ii).
``(ii) Allotments based on bls and acs
data.--Of the amount available under clause
(i)(III)--
``(I) 33\1/3\ percent shall be
allotted on the basis of the relative
share of individuals in the civilian
labor force in each eligible State,
compared to the total number of
individuals in the civilian labor force
in all eligible States;
``(II) 33\1/3\ percent shall be
allotted on the basis of the relative
share of individuals living below the
poverty line in each eligible State,
compared to the total number of
individuals living below the poverty
line in all eligible States; and
``(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each eligible State, compared to the
total number of unemployed individuals
in all eligible States.
``(2) Definitions.--In this subsection--
``(A) Eligible state.--The term `eligible State'
means a State (as defined in section 2) that has a
State apprenticeship agency.
``(B) Poverty line.--The term `poverty line' has
the meaning given such term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
``(C) Unemployed individual.--The term `unemployed
individual' has the meaning given such term in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for fiscal year 2025;
``(2) $85,000,000 for fiscal year 2026;
``(3) $95,000,000 for fiscal year 2027;
``(4) $105,000,000 for fiscal year 2028; and
``(5) $115,000,000 for fiscal year 2029.
``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION.
``(a) In General.--Not later than 1 year after the effective date
of the National Apprenticeship Act of 2023, in order to cooperate with
the Secretary of Education and promote awareness and adoption of
apprenticeship programs, the Secretary (acting through the
Administrator) shall--
``(1) enter into an interagency agreement with the
Secretary of Education to promote and support integration and
alignment of programs under the national apprenticeship system
with secondary, postsecondary, and adult education, through the
activities described in this section; and
``(2) submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate, such
agreement and any modifications to such agreement.
``(b) Alignment for Youth Apprenticeships.--In order to promote
alignment between youth apprenticeship programs and high school
graduation requirements, the interagency agreement under subsection (a)
shall describe how the Secretaries will work to provide--
``(1) information and resources to--
``(A) parents and students to promote a better
understanding of programs under the national
apprenticeship system and their value in secondary and
postsecondary education and career pathways by not
later than middle school, and that are in user-friendly
formats and languages that are easily accessible, as
determined by the Secretaries; and
``(B) school leaders (working with academic
counselors, teachers, and faculty) about the value of
such programs and information on how to effectively
align youth apprenticeship programs with secondary and
career and technical education programs; and
``(2) technical assistance on how to--
``(A) align related instruction and skills and
competencies for occupations suitable for
apprenticeship to high school graduation requirements;
``(B) offer related instruction through dual and
concurrent enrollment programs and other accelerated
learning programs, as described in section
4104(b)(3)(A)(i)(IV) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV));
``(C) facilitate transitions for youth apprentices
who have completed their youth apprenticeships into
further education, including an associate,
baccalaureate, or advanced degree, and related
apprenticeship opportunities; and
``(D) align activities carried out under this Act
with eligible funding from, and planning processes for,
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the Rehabilitation Act of
1973, and the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
``(c) Apprenticeship College Consortium.--In order to support the
establishment of a college consortium of postsecondary educational
institutions, including minority-serving institutions, related
instruction providers, sponsors, qualified intermediaries, employers,
labor organizations, and joint labor-management organizations for the
purposes of promoting stronger connections between programs under the
national apprenticeship system and participating 2- and 4-year
postsecondary educational institutions, the interagency agreement under
subsection (a) shall include a description of how the Secretaries
will--
``(1) support data sharing systems that align education
records and records of programs under the national
apprenticeship system regarding whether program participants
who receive financial aid under title IV of the Higher
Education Act of 1965 enroll in, or complete, postsecondary
coursework while participating in a program under such system;
``(2) provide guidance on how to align eligible funding
from, planning processes for, and the requirements of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this
Act;
``(3) require all participants of the apprenticeship
college consortium to enter into agreements to--
``(A) have an articulation agreement with a
participating sponsor of an apprenticeship program,
which may include a 2- or 4-year postsecondary
educational institution;
``(B) create or expand the awarding and
articulation of academic credit for related instruction
completed and credentials awarded to program
participants as part of a program under the national
apprenticeship system; and
``(C) support the creation or expansion of
electronic transcripts for apprenticeship programs and
all academic content, including related instruction and
on-the-job training;
``(4) provide technical assistance on eligible uses of
financial aid, including the Federal work study program under
part C of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087-51 et seq.), for related instruction for programs
under the national apprenticeship system;
``(5) provide to consortium participants or potential
participants information regarding--
``(A) a list of apprenticeship programs in related
occupations offered in the State or available under the
Office of Apprenticeship that may become part of the
consortium;
``(B) information on how to develop an
apprenticeship program;
``(C) information on Federal, State, and local
financial resources available to assist with the
establishment and implementation of apprenticeship
programs; and
``(D) information on related qualified
intermediaries or industry or sector partnerships
supporting apprenticeship programs, as applicable; and
``(6) support information regarding the apprenticeship
consortium being made available on a publicly accessible
website, including--
``(A) a list of participating members of the
consortium, apprenticeship programs provided,
credentials awarded with each program, and available
occupations suitable for apprenticeship; and
``(B) models of articulation agreements, prior
learning assessments, and competency-based curriculum
for related instruction for illustrative purposes.
``(d) Best Practice Development and Sharing.--
``(1) Dissemination.--Such interagency agreement shall
require that the Secretaries disseminate information on the
value of programs under the national apprenticeship system,
including relevant placement, retention, and earnings
information, labor market data from the local area, and sector
forecasts to determine high-skill, high-wage, or in-demand
industry sectors or occupations of such programs, to local
education and training providers, labor organizations, or joint
labor-management organizations (including those representing
teachers).
``(2) Clearinghouse.--Such agreement shall require the
Secretaries to create a clearinghouse of best practices--
``(A) for improving performance and increasing
alignment of education and programs under the national
apprenticeship system, including career pathways; and
``(B) publicly disseminate information and
resources on--
``(i) replicable related instruction and
on-the-job learning; and
``(ii) how to build an understanding of
apprenticeship opportunities available to
students.
``(e) Data Sharing Agreement.--The Secretaries shall disseminate
best practices for the alignment of education records and records of
programs under the national apprenticeship system, including
information on program participants who enroll in, complete, and
receive academic credit for postsecondary coursework while
participating in such a program.
``(f) Secretaries Defined.--In this section, the term `Secretaries'
means the Secretary of Labor and the Secretary of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``SEC. 121. OCCUPATIONS SUITABLE FOR APPRENTICESHIP.
``(a) Application.--
``(1) In general.--For an occupation to be approved as an
occupation suitable for apprenticeship by the Administrator, a
person seeking such approval shall submit to the Administrator
an application that demonstrates demand from multiple employers
in such occupation for a program under the national
apprenticeship system in such occupation that will prepare
individuals for the full range of skills and competencies
needed for such occupation.
``(2) Contents.--To demonstrate the demand referred to in
paragraph (1), an application submitted under this subsection
with respect to a program in an occupation shall describe how
the program will--
``(A) meet the national occupational standards
under section 111(b)(5)(C); or
``(B) involve the progressive attainment of skills,
competencies, and knowledge that are--
``(i) clearly identified and commonly
recognized throughout the relevant industry or
occupation;
``(ii) customarily learned or enhanced in a
practical way through a structured, systematic
program of on-the-job supervised learning and
related instruction to supplement such
learning; and
``(iii) offered through a time-based,
competency-based, or hybrid model as described
in section 122(b)(1)(E).
``(b) Assessment.--
``(1) In general.--In assessing whether a program in an
occupation for which an application is submitted under
subsection (a) will meet the requirements of subparagraph (A)
or (B) of subsection (a)(2), the Administrator shall--
``(A) conduct a comprehensive assessment of the
skills, techniques, and competencies required by the
occupation, which assesses whether such skills,
techniques, and competencies--
``(i) are specialized and acquired
optimally through a structured, systematic
training program involving close on-the-job
supervision and mentoring by subject-matter
experts;
``(ii) require at least 2,000 hours of on-
the-job learning and mentoring or whether an
alternative amount of time is appropriate for
the occupation; and
``(iii) are acquired optimally through a
supplementary educational or instructional
component conveying theoretical and conceptual
knowledge relevant to the occupation;
``(B) determine whether the occupation is an
occupation that is commonly recognized throughout an
industry or sector; and
``(C) determine the extent to which the skills,
competencies, and knowledge of the occupation overlap
with the skills, competencies, and knowledge of an
occupation suitable for an apprenticeship.
``(2) Prohibition on deskilling.--In a case in which the
Administrator determines under paragraph (1)(C) that the
skills, competencies, and knowledge of the occupation being
assessed under paragraph (1) significantly overlap with the
skills, competencies, and knowledge of an occupation suitable
for an apprenticeship, the Administrator may determine that the
occupation being so assessed--
``(A) is not an occupation suitable for
apprenticeship on the basis of such significant
overlap; and
``(B) in the case of such occupation that performs
work in sector 23 of the North American Industry
Classification System, is an occupation suitable for
apprenticeship only if the industry sector leaders and
experts described in section 111(b)(5)(C)(ii)(II) with
respect to such occupation determine, by a consensus,
that such occupation is an occupation suitable for
apprenticeship.
``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL
APPRENTICESHIP SYSTEM.
``(a) In General.--The Secretary, acting through the Administrator,
shall formulate and promote the furtherance of quality standards
necessary to safeguard the welfare of apprentices, pre-apprentices, and
youth apprentices.
``(b) Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), an apprenticeship program shall
meet the following standards:
``(1) The program has an organized and clearly written
plan, developed by the sponsor, that includes, at a minimum,
the following information:
``(A) The employment and training to be received by
each apprentice participating in the program,
including--
``(i) an outline of the work processes or
the plan in which the apprentice will receive
supervised work experience, on-the-job
training, and on-the-job learning;
``(ii) the allocation of the approximate
amount of time that will be spent in each major
work process by the apprentice;
``(iii) a description of the mentoring that
will be provided to the apprentice; and
``(iv) a description or timeline explaining
the periodic reviews and evaluations of the
apprentice's performance on the job and in
related instruction.
``(B) A process for maintaining appropriate
progress records, including the reviews and evaluations
described in subparagraph (A)(iv).
``(C) A description of the organized related
instruction the apprentice will receive in technical
subjects related to the occupation, which--
``(i) for time-based or hybrid
apprenticeship programs as described in
paragraph (E), shall include not less than 144
hours for each year of apprenticeship, unless
an alternative requirement is put forth by the
employer and sponsor that reflects industry
standards and is accepted by the registration
agency;
``(ii) may be accomplished through
classroom instruction, occupational or industry
courses, instruction provided through
electronic media, or other instruction approved
by the registration agency;
``(iii) shall be provided by one or more
qualified instructors that--
``(I)(aa) meet technical instructor
requirements of the applicable
education agency in the State of
registration; or
``(bb) are subject matter experts,
defined for purposes of this
subparagraph as individuals recognized
within an industry as having expertise
in a specific occupation; and
``(II) have training in teaching
techniques and learning styles, or will
obtain such training before providing
the related technical instruction;
``(iv) where appropriate and to the extent
practicable, shall be aligned to a career
pathway; and
``(v) where appropriate and to the extent
practicable, incorporate the principles of
universal design for learning under section 103
of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(D) A progressively increasing, clearly defined
schedule of wages to be paid to the apprentice that
is--
``(i) consistent with measurable skill
gains; and
``(ii) ensures the entry wage is not less
than the greater of--
``(I) the minimum wage required
under section 6(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
206(a)); or
``(II) the applicable wage required
by other applicable Federal or State
laws (including regulations) or
collective bargaining agreements.
``(E) The term of the apprenticeship program, which
may be measured using--
``(i) a time-based model, which requires
the completion of the industry standard for on-
the-job learning hours, which in no case shall
be less than a cumulative 2,000 hours, unless
an alternative requirement is put forth by the
employer and sponsor from a nontraditional
apprenticeship occupation as of the date of the
enactment of the National Apprenticeship Act of
2023 that reflects industry standards and the
relative hazards of the occupation, and is
accepted by the Secretary and registration
agency;
``(ii) a competency-based model, which
requires the attainment of competency in the
occupation; or
``(iii) a hybrid model, which blends the
time-based and competency-based approaches.
``(F) The methods used to measure an apprentice's
skills and competencies, which may include an initial
diagnostic assessment or assessment of credentials that
verify an individual's foundational knowledge and
skills that would be needed to succeed in an
apprenticeship program, and which shall include--
``(i) in the case of a time-based
apprenticeship described in subparagraph
(E)(i), the individual apprentice's completion
of the required hours of on-the-job learning as
described in a work process schedule;
``(ii) in the case of a competency-based
model described in subparagraph (E)(ii), the
individual apprentice's successful
demonstration of acquired skills and knowledge
through appropriate means of testing and
evaluation for such competencies, and by
requiring apprentices to complete a paid on-
the-job learning component of the
apprenticeship; or
``(iii) in the case of a hybrid
apprenticeship described in subparagraph
(E)(iii), a combination of a specified minimum
number of hours of on-the-job learning and the
successful demonstration of competency, as
described in subparagraph (E)(i) and a work
process schedule.
``(2) The program equally grants advanced standing or
credit to all individuals applying for the apprenticeship with
demonstrated competency or acquired experience, training, or
skills, and provides commensurate wages for any progression in
standing or credit so granted, including for veterans' service-
acquired skills and experiences.
``(3) The program has minimum qualifications for
individuals desiring to enter the apprenticeship program, with
an eligible starting age for an apprentice of not less than 16
years.
``(4) In the case of a program that chooses to issue an
interim credential, the program--
``(A) clearly identifies each interim credential;
``(B) only issues an interim credential for
recognized components of an occupation suitable for
apprenticeship and demonstrates how each interim
credential specifically links to the knowledge, skills,
and abilities associated with such components; and
``(C) establishes the process for assessing an
individual apprentice's demonstration of competency and
measurable skill gains associated with the particular
interim credential.
``(c) Pre-Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), a pre-apprenticeship program
shall meet the following standards:
``(1) The program is designed to assist individuals who do
not meet minimum qualifications for an apprenticeship program
as described in subsection (b) and prepare them to enter and
succeed in such an apprenticeship program, including by
providing the skills and competency attainment needed to enter
the apprenticeship program.
``(2) The program--
``(A) is carried out by a sponsor that has a
written agreement with at least one sponsor of an
apprenticeship program;
``(B) demonstrates the existence of an active,
advisory partnership with an industry or sector
partnership to inform the training and education
services necessary for a pre-apprenticeship program;
``(C) demonstrates evidence of sufficient demand in
an apprenticeship program at the completion of a pre-
apprenticeship program to support a transition from a
pre-apprenticeship to an apprenticeship; and
``(D) demonstrates partnerships with qualified
intermediaries, community-based organizations, labor
organizations, or joint labor-management organizations.
``(3) The program includes a written plan developed by the
sponsor of the pre-apprenticeship program that is developed in
consultation with the sponsor of the apprenticeship program
described in paragraph (2)(A), that--
``(A) provides for paid work-based learning, to the
extent practicable, or simulated work experience, in
which an industry or sector partnership and a related
instruction provider collaborate to provide training
that will introduce participants to the skills,
competencies, and materials used in one or more
occupations suitable for apprenticeship;
``(B) is based on and aligned with national, State,
regional, or local industry standards for high-skill,
high-wage, or in-demand industry sectors and
occupations, and the requirements of the related
apprenticeship program;
``(C) to the extent appropriate and practicable,
meets the related instruction requirements as described
in clauses (ii) through (iv) of subsection (b)(1)(C)
that includes enabling an individual to attain a
secondary school diploma or its recognized equivalent
that enables a pre-apprentice to enter into an
apprenticeship program; and
``(D) includes mentoring, career exposure, career
planning, and career awareness activities.
``(d) Youth Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), a youth apprenticeship program
shall meet the following standards:
``(1) The program is designed for youth apprentices who at
the start of the program are enrolled in high school.
``(2) The program includes each of the following core
elements:
``(A) The employment and training to be received by
each youth apprentice participating in the program,
including--
``(i) an outline of the work processes or
the plan in which the youth apprentice will
receive supervised work experience and on-the-
job training or in an experiential setting;
``(ii) the allocation of the approximate
amount of time that will be spent in each major
work process by the youth apprentice;
``(iii) a description of the mentoring that
will be provided to the youth apprentice; and
``(iv) a description or timeline explaining
the periodic reviews and evaluations of the
youth apprentice's performance on the job and
in related instruction.
``(B) A process for maintaining appropriate
progress records, including the reviews and evaluations
described in subparagraph (A)(iv).
``(C) Related classroom-based instruction, which
may be fulfilled through dual or concurrent enrollment,
and--
``(i) is, to the extent practicable,
aligned with high school diploma requirements
and career clusters; and
``(ii) meets the additional requirements as
described in subsection (b)(1)(C).
``(D) A progressively increasing, clearly defined
schedule of wages to be paid to the youth apprentice.
``(E) The term of the youth apprenticeship program,
as described in subsection (b)(1)(E).
``(F) For a competency-based or hybrid youth
apprenticeship program, the methods used to measure
skill acquisition for a youth apprentice, including
ongoing assessment against established skill and
competency standards as described in subsection
(b)(1)(F).
``(G) Prepares the youth apprentice for placement
in further education, employment, or an apprenticeship
program.
``(3) The program equally grants advanced standing or
credit to all individuals applying for the youth apprenticeship
with demonstrated competency or acquired experience, training,
or skills.
``(4) In the case of a youth apprenticeship program that
chooses to issue an interim credential, the program meets the
requirements of subsection (b)(4).
``(e) General Requirements.--Each program under the national
apprenticeship system shall meet the following standards:
``(1) The program--
``(A) has adequate and safe equipment,
environments, and facilities for training and
supervision;
``(B) provides safety training on-the-job and in
related instruction as applicable by the occupation
suitable for apprenticeship; and
``(C) provides adequate training for mentors and
qualified instructors on providing a safe work and
training environment.
``(2) The program records and maintains all records
concerning the program as may be required by the Secretary, the
registration agency of the program, or any other applicable
law, including records required under title 38, United States
Code, in order for veterans and other individuals eligible for
educational assistance under such title to use such assistance
for enrollment in the program.
``(3) The program provides--
``(A) all individuals with an equal opportunity to
participate in the program as described in
subparagraphs (B) and (C) of section 111(b)(7); and
``(B) materials that meet, at a minimum,
conformance to Level AA of the Web Content
Accessibility Guidelines 2.0 of the Web Accessibility
Initiative (or any successor guidelines).
``(4) The program awards a certificate of completion in
recognition of successful completion of the program, evidenced
by an appropriate certificate issued by the registration
agency, and in the case of apprenticeships and youth
apprenticeships, prepares a program participant to obtain a
recognized postsecondary credential.
``(5) The program provides that an individual who is to
become a program participant under the program enters into a
written apprenticeship agreement described in section 123 with
the sponsor of the program.
``(6) The numeric ratio of program participants to
supervisors (such as journeyworkers, mentors, or on-the-job
learning instructors, as applicable) for the occupation
suitable for apprenticeship, which are based on evidence-based
and evidence-informed best practices for supervision, training,
safety, and continuity of employment, throughout the work
processes of the program, job site, department, or plant,
appropriate for the degree of hazard in different occupations,
and--
``(A) are consistent with provisions in collective
bargaining agreements, as applicable, except if such
ratios are expressly prohibited by the collective
bargaining agreements; and
``(B) provide that such a ratio does not contravene
the application of other Federal or State laws that may
establish more protective standards with respect to the
establishment of ratios of apprentices to
journeyworkers, including any rules or orders
promulgated under the Fair Labor Standards Act of 1938
with respect to the employment, training, and
supervision of 16- and 17-year-old youth apprentices in
certain hazardous occupations.
``SEC. 123. APPRENTICESHIP AGREEMENTS.
``(a) In General.--To ensure the standards described in section 122
are applied to programs under the national apprenticeship system, the
Administrator shall require a sponsor to develop an apprenticeship
agreement that shall--
``(1) be the same for each program participant;
``(2) contain the names and signatures of the program
participant and the sponsor;
``(3) meet the requirements of subsection (b); and
``(4) be submitted to the registration agency in accordance
with section 124 by the program sponsor.
``(b) Standards.--Each agreement under subsection (a) shall
contain, explicitly or by reference, program standards under section
122, including--
``(1) in the case of an apprenticeship program--
``(A) that is time-based, a statement of the number
of hours to be spent by the program participant in on-
the-job learning and on-the-job training in order to
complete the program;
``(B) that is competency-based, a description of
the skill sets to be attained by completion of the
program, including the on-the-job learning and work
components; or
``(C) that is a hybrid model, the minimum number of
hours to be spent by the program participant in on-the-
job learning and work components and in related
instruction, and a description of the skill sets and
competencies to be attained by completion of the
program;
``(2) the number of hours and form of related instruction,
including how related instruction will be compensated (whether
through academic credit, wages, or both), the costs the program
participant will incur for participating in the program (such
as for equipment, related instruction, or assessment or
licensure fees), and the recognized postsecondary credentials
the program participants will be eligible to receive upon
program completion;
``(3) a schedule of the work processes in the occupation or
industry divisions in which the program participant is to be
trained and the approximate time to be spent at each process;
``(4) for apprenticeships or youth apprenticeships, the
graduated wage scale to be paid to the apprentices, benefits
offered to the apprentices, and how the wages and benefits
compare to State, local, or regional wages in the related
occupation; and
``(5) demonstration of commitment to and compliance with
subparagraphs (B) and (C) of section 111(b)(7).
``(c) Collective Bargaining.--Nothing in an apprenticeship
agreement or this Act shall operate to invalidate an applicable
provision in a collective bargaining agreement between employers and
employees establishing higher standards for programs under the national
apprenticeship system.
``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP
SYSTEM.
``(a) Program Registration Application.--In order to bring together
employers and labor for the formulation of programs under the national
apprenticeship system, the Administrator shall provide for the
registration of programs in which a sponsor applying to register a
program under the national apprenticeship system shall request
registration of such program from a registration agency by submitting
the information required by the registration agency, including--
``(1) information demonstrating that each of the
requirements of section 122 will be met for the program;
``(2) a copy of the apprenticeship agreement described in
section 123 used by the sponsor;
``(3) a written assurance that, if the program is
registered under this Act, the sponsor will--
``(A) administer the program in accordance with the
requirements of this Act and comply with the
requirements of the apprenticeship agreement for each
apprentice; and
``(B) enroll at least 1 program participant; and
``(4) methods the program sponsor will use to report
performance data describing outcomes associated with the
program as required by the registration agency--
``(A) on an annual basis for any program sponsor
with fewer than 5 program participants; or
``(B) on a quarterly basis for any program sponsor
with 5 or more program participants.
``(b) Recognition and Registration Process.--
``(1) Review and approval process.--
``(A) Provisional approval review.--An application
submitted under subsection (a) that the registration
agency determines meets the requirements described in
such subsection shall be registered for a provisional
1-year period beginning not later than 30 days after
such application is submitted. During such period, the
registration agency shall accept and record the
apprenticeship agreement as evidence of the program's
compliance and registration to operate such program.
``(B) Full approval or extended provisional
approval.--By the end of a provisional registration
period for a program, the registration agency providing
provisional approval under subparagraph (A) shall
review the program for quality and for compliance with
the applicable standards under this subtitle and all
other applicable program requirements under this Act,
and--
``(i) if a registration agency conducting a
provisional review determines that the program
complies with the standards and requirements
under this Act, the registration agency shall
fully approve the registration of the program;
or
``(ii) if a registration agency conducting
a provisional review determines that the
program is not conforming to the requirements
or standards under this Act, the registration
agency may continue the provisional
registration of the program through the first
full training cycle for program participants,
and conduct an additional provisional review at
the conclusion of the training cycle.
``(C) Failure to meet requirements.--If, after an
initial provisional review under subparagraph (A), a
registration agency conducting such provisional review
determines that the program is not in operation or does
not conform to the requirements under this Act, the
registration agency shall recommend technical
assistance and corrective action for the program, or
deregistration, in accordance with procedures
established under subsections (b) and (c) of section
131.
``(2) Certificate of registration.--
``(A) In general.--A registration agency that
registers a program under paragraph (1) shall--
``(i) provide the sponsor of the program
with a certificate of registration or other
written evidence of registration; and
``(ii) provide a copy of the certificate of
registration to the Secretary of Veterans
Affairs or the applicable State veterans agency
for the purpose of aligning the registration
process with the process for approving such
program for eligible veterans' use of
supplemental educational assistance benefits.
``(B) Registration name.--A program shall be
registered in the name of the sponsor, or if a sponsor
enters into a partnership with an employer who
registers the program, in the name of the employer.
``(3) Program participant registration.--A sponsor
providing a program that is registered in accordance with
paragraph (2) shall provide to an individual seeking to be a
program participant the opportunity to apply through the
sponsor, and shall--
``(A) enter into a written individual
apprenticeship agreement described in section 123 with
each such individual before the commencement of the
program; and
``(B) individually register each program
participant with the registration agency by filing a
copy of the individual apprenticeship agreement with
the registration agency or as otherwise required by the
registration agency, and sharing a copy with the
Administrator as appropriate, as described under
section 123(a)(4).
``(4) Transition process for previously approved
programs.--With respect to a program that was registered under
this Act as of the day before the date of enactment of the
National Apprenticeship Act of 2023, the registration agency
shall take such steps as necessary to--
``(A) in the case of a program that meets the
requirements of this Act, maintain the status of the
sponsor of the program as of the date before such date
of enactment as the sponsor of such program under this
Act; and
``(B) in the case of a program that does not meet
the requirements of this Act, provide technical
assistance to the sponsor of such program to ensure
that the sponsor is in compliance with this Act not
later than 3 years after the date of enactment of the
National Apprenticeship Act of 2023.
``(c) Modifications or Changes to Youth Apprenticeship, Pre-
Apprenticeship, or Apprenticeship Programs.--
``(1) Sponsor proposal.--Any sponsor that wishes to modify
a program, including the program's method of meeting the
standards required under this Act, shall submit the proposal
for such change or modification to the registration agency for
the program.
``(2) Registration agency requirements.--
``(A) In general.--The registration agency shall
determine whether to approve the proposal and notify
the sponsor of the determination by not later than 60
days after receipt of the proposal.
``(B) Approval of proposal.--If the proposal is
approved, the registration agency shall amend the
record of the program to reflect the modification or
change, and provide the sponsor or program
administrator with an acknowledgment of the amended
program, by not later than 30 days after the date of
approval.
``(C) Disapproval of proposal.--If the proposal is
not approved, the registration agency shall--
``(i) notify the sponsor of the reasons for
the disapproval and provide the sponsor with
technical assistance to maintain the program as
originally registered;
``(ii) provide the sponsor with the
opportunity to submit a revised modification
proposal, including providing appropriate
technical assistance to modify the proposal in
order to meet the requirements of this Act; and
``(iii) in a case in which the sponsor
submits a revised modification proposal, not
later than 60 days after receipt of such
proposal--
``(I) approve the proposal; or
``(II) disapprove the proposal and
provide the sponsor with technical
assistance to maintain the program as
originally registered.
``(D) List of disapproved programs.--The
registration agency shall maintain a list of programs
that were disapproved which includes the reasons for
each such disapproval and provide such list to the
Administrator at least annually.
``Subtitle C--Evaluations and Research
``SEC. 131. PROGRAM EVALUATIONS.
``(a) Purpose.--The purpose of this section is to provide program
performance transparency across the programs under the national
apprenticeship system, assess the effectiveness of States in achieving
positive outcomes for program participants served by those programs,
and establish performance accountability measures related to program
completion and key indicators of performance under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
``(b) Reviews by Registration Agencies.--
``(1) Performance reviews.--
``(A) In general.--A registration agency shall--
``(i) annually collect performance data for
each program registered under section 124 by
such agency to determine--
``(I) the performance of the
program with respect to the indicators
of performance under section
116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3141(b)(2)(A)(i)) or, in the
case of a youth apprenticeship program,
section 116(b)(2)(A)(ii) of such Act
(29 U.S.C. 3141(b)(2)(A)(ii)), as
applied to programs under the national
apprenticeship system; and
``(II) the completion rates of the
program;
``(ii) provide technical assistance for the
collection of the information under clause (i)
of this subparagraph and subparagraph (B), as
necessary;
``(iii) comply with the report requirements
under subparagraph (B); and
``(iv) provide data collected under clause
(i) of this subparagraph and subparagraph (B),
disaggregated in accordance with clause (ii) of
subparagraph (B), to the independent entity
conducting the evaluations on behalf of the
Secretary under section 132.
``(B) Reports.--
``(i) In general.--The registration agency
for a State shall annually prepare and submit
to the Administrator a State performance report
that is disaggregated in accordance with clause
(ii), and includes the following information
with respect to each program registered under
section 124 by such agency:
``(I) Information specifying the
levels of performance described in
subparagraph (A), as compared to goals
set in section 113(c)(8)(A)(i).
``(II) The percentage of program
participants by race, sex, ethnicity
and, to the extent practicable, by
individuals with disabilities, as
compared to such percentages within the
working age population who are in the
geographical area from which the
sponsor usually seeks or reasonably
could seek program participants and who
meet the minimum eligibility
requirements for entry into the
program.
``(III) The percentage of program
participants served by each of the
programs that obtained unsubsidized
employment in a field related to the
occupation suitable for apprenticeship.
``(IV) The average time to
completion for the program as compared
to the description in the agreement
under paragraphs (1) and (2) of section
123(b).
``(V) The average cost per
participant during the most recent
program year and the 3 preceding
program years.
``(VI) The percentage of program
participants who received supportive
services.
``(VII) Information on the State's
activities required under section
113(c), including the State's uses of
funds.
``(ii) Disaggregation.--The performance
data described in subclauses (I) through (VI)
of clause (i) shall be disaggregated--
``(I) by the program type
(apprenticeship, youth apprenticeship,
or pre-apprenticeship program)
involved; and
``(II) by race, ethnicity, sex,
age, veteran status, and membership in
a population specified in section 3(24)
of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(24)).
``(C) Reports to congress.--Not later than 60 days
after receiving a report under subparagraph (B), the
Secretary shall transmit to the Committee on Education
and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate.
``(D) Publication.--The Administrator shall
annually make available on a publicly accessible
website each report received under subparagraph (B) not
later than 30 days after receipt of such report.
``(2) Comprehensive program reviews.--
``(A) In general.--A registration agency shall
periodically review each program registered under
section 124 by such agency for quality assurance and
compliance with the requirements of this Act.
``(B) Timing of reviews.--A review described in
subparagraph (A) shall occur--
``(i) at the end of the first full training
cycle of program participants under the
program; and
``(ii) beginning after the review described
in clause (i) at least once every 5 years.
``(C) Review.--The review shall be a comprehensive
review regarding all aspects of the program
performance, including--
``(i) determining whether the registration
agency is receiving notification from the
sponsor of a program regarding individuals who
are registered as new youth apprentices, pre-
apprentices, or apprentices under the program,
or who successfully complete the program, as
required under this Act;
``(ii) determining whether the sponsor of
the program is complying with the requirements
of this Act;
``(iii) evaluating the performance of the
sponsor with respect to, at a minimum, the
indicators described in paragraph (1)(A)(i),
with the performance data disaggregated as
described in paragraph (1)(B)(viii); and
``(iv) ensuring the sponsor's compliance
with the requirement to provide equal
opportunity in recruitment, training, and
employment as described in subparagraphs (B)
and (C) of section 111(b)(7).
``(D) Reports.--On completion of a review under
this paragraph, the registration agency shall prepare
and submit to the Administrator a report containing the
results of the review.
``(c) Subsequent Action.--
``(1) Technical assistance.--The registration agency shall
provide technical assistance to the sponsor and identify areas
that require technical assistance, including--
``(A) to support the sponsor in creating a plan to
meet the State goals described in section
113(c)(8)(A)(ii), as applicable; and
``(B) assistance in the development of a
performance improvement plan if the registration agency
determines, pursuant to any review under subsection
(b), that the youth apprenticeship, pre-apprenticeship,
or apprenticeship program--
``(i) is not in operation;
``(ii) is not in compliance with the
requirements of this Act; or
``(iii) is achieving levels of performance
on any indicators described in subsection
(b)(1)(A)(i) that are lower than the State
goals for any program year.
``(2) Corrective action and deregistration of an
apprenticeship program.--The registration agency may take
corrective action, and if warranted, deregister a youth
apprenticeship, pre-apprenticeship, or apprenticeship program,
after making a determination that the program demonstrates
persistent and significant failure to perform successfully,
which occurs when--
``(A) the sponsor of the program consistently fails
to register at least 1 program participant;
``(B) the program shows a pattern of poor results
on the indicators described in subsection (b)(1)(A)(i)
over a period of 3 years, given the characteristics of
program participants and economic conditions in the
area served, or are lower than the national or State
average;
``(C) the program shows no indication of
improvement in the areas identified by the registration
agency and in the performance improvement plan under
paragraph (1); or
``(D) the sponsor has not administered the program
in accordance with the program's registration, as
applicable, or with the requirements of this Act.
``(3) Notification and hearing.--If the registration agency
makes a determination described in paragraph (2), the
registration agency shall notify the Secretary and the sponsor
of the determination in writing, and permit the sponsor to
request a hearing by the Office of Administrative Law Judges.
The registration agency shall transmit to the Secretary a
report containing all pertinent facts and circumstances
concerning the determination, including findings and a
recommendation for deregistration, and copies of all relevant
documents and records. If the sponsor does not request the
hearing not later than 15 days after receiving such
notification, the registration agency shall deregister the
program after the period for requesting such a hearing has
expired.
``(4) Notification and treatment of apprentices.--Not later
than 15 days after the registration agency deregisters a
program, the sponsor or program administrator shall notify
program participant--
``(A) of such deregistration and the effective
date;
``(B) that such deregistration automatically
deprives the program participant of individual
registration as part of such youth apprenticeship, pre-
apprenticeship, or apprenticeship program, including
the ability to receive a certificate of completion from
the registration agency;
``(C) that the deregistration of the program
removes the program participant from eligibility for
any Federal financial or other assistance, or rights,
privileges, or exemptions under Federal law, that--
``(i) relates to an apprentice; and
``(ii) requires the registration agency's
approval; and
``(D) that all youth apprentices, pre-apprentices,
or apprentices are referred to the registration agency
for information about potential transfers to other
programs under the national apprenticeship system.
``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH.
``(a) Research.--The Secretary shall conduct, through an
independent entity, research for the purpose of improving the
management and effectiveness of the programs and activities carried out
under this Act and to assist in the evaluation of the programs as
described in section 131.
``(b) Techniques.--The research conducted under this section shall
utilize appropriate methodology and research designs.
``(c) Contents.--Such research shall address--
``(1) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
``(A) improve the skill and employment competencies
of participants in comparison to comparably situated
individuals who did not participate in such programs
and activities;
``(B) to the extent feasible, increase the levels
of total employment, of attainment of recognized
postsecondary credentials, and of measurable skills,
above the levels that would have existed in the absence
of such programs and activities;
``(C) respond to the needs reflected in labor
market data in the local area and align with high-
skill, high-wage, or in-demand industries or
occupations;
``(D) demonstrate a return on investment of
Federal, State, local, sponsor, employer, and other
funding for programs under the national apprenticeship
system, capturing the full level of investment in, and
impact of, such programs under the national
apprenticeship system; and
``(E) regularly assess the impact of apprenticeship
programs under the national apprentice system in
effectively increasing the participation of women,
minorities, individuals with disabilities, long-term
unemployed, individuals impacted by the criminal and
juvenile justice system, foster and former foster
youth, and individuals with barriers to employment;
``(2) the impact of the National Apprenticeship Act of 2023
on the general effectiveness of programs under the national
apprenticeship system, including the implementation of policies
such as dual or concurrent enrollment programs, advanced
standing, or national occupational standards;
``(3) best practices in increasing participation of
nontraditional apprenticeship populations and individuals with
barriers to employment, including individuals with
disabilities, in programs under the national apprenticeship
system; and
``(4) opportunities to scale up effective models under the
national apprenticeship system.
``(d) Reports.--
``(1) Independent entity.--The independent entity carrying
out the research shall prepare and submit to the Secretary--
``(A) an interim report containing findings from
the research; and
``(B) a final report containing the results of the
research, including policy recommendations.
``(2) Reports to congress.--Not later than 60 days after
receipt of the interim report and final report described in
subparagraphs (A) and (B) of paragraph (1), respectively, the
Secretary shall submit each report to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the
Senate.
``(e) Public Access.--The Secretary shall make the interim and
final reports available on a publicly accessible website not later than
60 days after the receipt of the interim and final report.
``Subtitle D--General Provisions
``SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
``(a) Office of Apprenticeship.--There are authorized to be
appropriated to carry out sections 111, 112, 131, and 132--
``(1) $50,000,000 for fiscal year 2025;
``(2) $60,000,000 for fiscal year 2026;
``(3) $70,000,000 for fiscal year 2027;
``(4) $80,000,000 for fiscal year 2028; and
``(5) $90,000,000 for fiscal year 2029.
``(b) Interagency Agreement.--There are authorized to be
appropriated to carry out section 114--
``(1) $10,000,000 for fiscal year 2025;
``(2) $12,000,000 for fiscal year 2026;
``(3) $14,000,000 for fiscal year 2027;
``(4) $16,000,000 for fiscal year 2028; and
``(5) $18,000,000 for fiscal year 2029.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``SEC. 201. GRANT REQUIREMENTS.
``(a) Authority.--
``(1) In general.--The Administrator shall award grants,
contracts, or cooperative agreements to eligible entities on a
competitive basis for the following purposes:
``(A) Creation and expansion activities.--To expand
the offerings of programs under the national
apprenticeship system--
``(i) to create new apprenticeship programs
in a nontraditional apprenticeship occupation,
such as for programs demonstrating demand in
advanced manufacturing (including semiconductor
and automotive manufacturing), cybersecurity
and information technology, computer science,
clean energy (including renewable energy,
environmental protection, and conservation),
transportation (including electric vehicle
infrastructure), health care, or education
(including early childhood education);
``(ii) to expand existing apprenticeship
programs demonstrating labor market demand;
``(iii) to create new or expand existing
pre-apprenticeship programs; or
``(iv) to create new or expand existing
youth apprenticeship programs.
``(B) Encouraging employer participation.--To
encourage employer participation in programs under the
national apprenticeship system--
``(i) that target individuals with barriers
to employment in youth apprenticeship, pre-
apprenticeship, or apprenticeship programs,
prioritizing nontraditional apprenticeship
populations such as women, minorities, English
language learners, long-term unemployed,
individuals with a disability, individuals with
substance abuse issues, veterans, military
spouses, individuals experiencing homelessness,
individuals impacted by the criminal or
juvenile justice system (including individuals
currently or recently incarcerated), and foster
and former foster youth;
``(ii) that are in high-need social
service-related industries, sectors, or
occupations, such as direct care workers and
early childhood, elementary school, and
secondary school educators; or
``(iii) among small- and medium-sized
employers.
``(C) Intermediary grants.--To establish or expand
sector-based partnerships for the delivery of programs
under the national apprenticeship system to significant
scale through--
``(i) national industry qualified
intermediaries in key sectors, including
manufacturing, information technology, cyber
security, health care, insurance and finance,
energy, hospitality, retail, construction, and
other sectors identified by the Administrator
and the Advisory Committee as targeted for
expansion under the national apprenticeship
system;
``(ii) national equity qualified
intermediaries serving nontraditional
apprenticeship populations, women, minorities,
individuals with disabilities, and individuals
impacted by the criminal or juvenile justice
system; or
``(iii) local or regional qualified
intermediaries serving programs under the
national apprenticeship system.
``(D) Educational alignment.--To strengthen
alignment between programs under the national
apprenticeship system and education and training
providers with secondary, postsecondary, and adult
education systems, including degree and credential
requirements.
``(2) Duration.--
``(A) In general.--The Administrator shall award
grants, contracts, or cooperative agreements under this
subsection for a period of not more than 3 years.
``(B) Extension.--The eligible entity may apply
for, and the Administrator may grant, an extension of
the grant period for not more than 1 additional 2-year
period, if the grant recipient demonstrates to the
Administrator that the recipient--
``(i) has effectively implemented a project
to achieve its stated purpose as described in
subsections (e) and (f);
``(ii) has complied with the assurances as
described in subsection (e)(9); and
``(iii) has improved applicable outcomes,
as demonstrated through indicators referred to
in section 203(a)(2).
``(b) Funding Requirements.--
``(1) Matching funds required.--The Administrator shall
require, as a condition of receipt of funds under this section,
an eligible entity to match funds awarded under this section in
an amount not less than 25 percent of the funds awarded to such
recipient under this section. Such eligible entity may make the
matching funds available directly or through donations from
non-Federal, public, or private organizations, in cash or in
kind, fairly evaluated.
``(2) Waiver.--The Administrator may waive the requirement
under paragraph (1) if the entity demonstrates that exceptional
circumstances prevent the entity from meeting the requirement,
such as demonstrating that the entity serves a high proportion
of individuals with barriers to employment, or due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the eligible entity.
``(c) Priority and Distribution.--
``(1) Priority.--In awarding grants, contracts, or
cooperative agreements under this section, the Administrator
shall give priority to an eligible entity--
``(A) proposing to serve a high number or high
percentage of participants who are from nontraditional
apprenticeship populations; and
``(B) providing opportunities in high-wage, high-
skill, or in-demand sectors and occupations.
``(2) Geographic distribution.--In awarding grants,
contracts, or cooperative agreements under this subsection, the
Administrator shall, to the extent practicable, ensure a
geographically diverse distribution of such awards, including a
geographically diverse distribution among regions of the
country and among urban, suburban, and rural areas.
``(d) Eligible Entity.--To be eligible to apply for grants,
contracts, or cooperative agreements under this title, an eligible
entity shall--
``(1) demonstrate a partnership with two or more of the
following--
``(A) a State or local workforce development board
or State or local workforce agency;
``(B) an education and training provider, or a
consortium thereof;
``(C) a State apprenticeship agency;
``(D) an Indian Tribe or Tribal organization;
``(E) an industry or sector partnership, a group of
employers, a trade association, or a professional
association that sponsors or participates in a program
under the national apprenticeship system;
``(F) a Governor;
``(G) a labor organization or joint labor-
management organization;
``(H) community-based organizations that assist
program participants in accessing supportive services;
or
``(I) a qualified intermediary; and
``(2) to the extent practicable--
``(A) be part of an industry or sector partnership;
and
``(B) partner with a labor or joint labor-
management organization.
``(e) General Application Requirements.--An eligible entity
applying for a grant under this section shall submit to the
Administrator a description of each of the following:
``(1) Each purpose under subsection (a) for which the
applicant intends to use such grant.
``(2) Each entity with which the eligible entity is
partnered or engaged under subsection (d) and the role of each
such entity in carrying out activities funded under this
subsection.
``(3) The ability of the applicant, directly or through
partners--
``(A) to enroll, instruct, advance, and graduate
program participants served by the grant activities,
and enable the participants to gain employment after
program completion;
``(B) to support (including by providing technical
assistance) program sponsors and employers (especially
small- and medium-sized businesses) in the creation of,
recruitment for, and execution of programs under the
national apprenticeship system; and
``(C) to provide opportunities to rural
communities, as applicable.
``(4) A labor market analysis with respect to the
geographic area of service that demonstrates--
``(A) the need to create or expand the program; and
``(B) a plan to align the activities supported by
the grant with the labor market needs of high-skill,
high-wage, or in-demand industry sectors or
occupations.
``(5) A plan--
``(A) to comply with requirements for an evaluation
and report under section 203;
``(B) as appropriate, to coordinate activities
assisted under the grant with activities carried out
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and any
related Federal programs and if appropriate, how funds
provided under these programs will be leveraged in
support of the programs supported by this grant;
``(C) to use funds awarded under this section in
support of the programs supported by this grant, as
described in section 202;
``(D) to continue the program after the grant
period ends;
``(E) to recruit and retain program participants
for pre-apprenticeship, youth apprenticeship, and
apprenticeship programs, including from nontraditional
apprenticeship populations, such as women, minorities,
individuals with disabilities, individuals impacted by
the criminal or juvenile justice system, and
individuals with barriers to employment;
``(F) to ensure program participants are able to
access supportive services, as applicable; and
``(G) to comply with the equal opportunity
requirements for diversity described in subparagraphs
(B) and (C) of section 111(b)(7) and section 113(c)(5),
as applicable.
``(6) For any grants, contracts, or cooperative agreements
expanding existing programs under the national apprenticeship
system, a description of--
``(A) a plan to coordinate the activities carried
out under the grant with the existing program; and
``(B) the effectiveness of the program, including
demonstrations of programmatic components such as
program costs to employers and to program participants,
completion and placement rates, credential attainment,
diversity in populations served, the effectiveness of
the program in increasing participant's wages and
benefits, or services provided to employers and program
participants.
``(7) A description of potential program participants and
strategies to support the recruitment, retention, and
completion of such participants, including nontraditional
apprenticeship populations and individuals with barriers to
employment, to the extent practicable.
``(8) A description of strategies to recruit and support
employers involved in programs under the national
apprenticeship system.
``(9) An assurance that the eligible entity will--
``(A) provide information to the Administrator, as
requested, for any such evaluations as the
Administrator may carry out;
``(B) make program performance data collected under
section 131 available (in accordance with applicable
data privacy laws, including section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) and section
4 of this Act) to independent evaluators to enable the
evaluators to prepare the evaluations and research
reports described in section 203(a)(1); and
``(C) coordinate grant activities with a State
Apprenticeship Agency, if such agency exists in the
State where the eligible entity is applying for a grant
or carrying out activities.
``(f) Additional Application Requirements.--The Administrator shall
require an eligible entity applying for a grant under this title to
include as part of their application in subsection (e) the following
information, as applicable:
``(1) Creation and expansion activities.--
``(A) New apprenticeship programs.--An eligible
entity applying to create new apprenticeship programs
and carry out activities in accordance with subsection
(a)(1)(A)(i) shall include as part of their application
a description of--
``(i) any plans for further expansion upon
development of the program; and
``(ii) employers, and to the extent
practicable, labor organizations or joint
labor-management organizations, engaged in the
program creation and implementation.
``(B) Expanding apprenticeship programs.--An
eligible entity applying to expand existing
apprenticeship programs and carry out activities in
accordance with subsection (a)(1)(A)(ii) shall include
as part of their application a description of employers
engaged in the program expansion.
``(C) Creating or expanding pre-apprenticeship
programs.--An eligible entity applying to create or
expand pre-apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iii)
shall include as part of their application a
description of--
``(i) a partnership between the eligible
entity and at least one apprenticeship program;
and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the pre-
apprenticeship program.
``(D) Creating or expanding youth apprenticeship
programs.--An eligible entity applying to create or
expand youth apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iv)
shall include as part of their application a
description of--
``(i) an existing partnership with at least
one high school offering related instruction
for the youth apprenticeship program, with
existing integration into the academic content
of the high school diploma requirements, or
with demonstrated plans for integration of
related instruction into the high school
curriculum; and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the youth
apprenticeship program.
``(2) Encouraging employer participation.--
``(A) Individuals with barriers to employment.--An
eligible entity applying to target individuals with
barriers to employment for apprenticeship, youth
apprenticeship, or pre-apprenticeship programs and
carry out activities in accordance with subsection
(a)(1)(B)(i) shall include as part of their application
a description of--
``(i) specific strategies to target both
individuals with barriers to employment and
employers for participation in the program; and
``(ii) partnerships with organizations that
assist program participants in accessing
supportive services to support recruitment,
retention, and completion of the program by
program participants.
``(B) High-need social service-related
industries.--An eligible entity applying to offer pre-
apprenticeship, youth apprenticeship, or apprenticeship
programs in high-need social service-related
industries, sectors, or occupations and carry out
activities in accordance with subsection (a)(1)(B)(ii)
shall include as part of their application a
description of wages and benefits offered to program
participants.
``(C) Individuals currently or recently
incarcerated.--An eligible entity applying to target
individuals currently or recently incarcerated and
establish or carry out pre-apprenticeship programs and
apprenticeship programs in accordance with subsection
(a)(1)(B)(iii) shall include as part of their
application a description of--
``(i) a plan to assist the program
participants in obtaining the documentation and
work authorization necessary to participate in
such program;
``(ii) partnerships with organizations that
will assist program participants in accessing
activities to improve financial literacy and
supportive services;
``(iii) how the assessments used to support
the placement of potential program participants
into a program accurately reflect the
participants' skills and competencies;
``(iv) a plan to provide information about
resources to program participants to address
mental health or substance abuse issues;
``(v) partnerships with organizations that
support--
``(I) the transition from
incarceration to re-entry, such as
assistance with housing,
transportation, child care, and legal
services; and
``(II) successful completion of an
apprenticeship or pre-apprenticeship
program;
``(vi) wages and benefits offered to
program participants that are commensurate with
wages for similar work in the State or local
area, as allowable; and
``(vii) alignment and necessary supports to
comply with and receive the benefits of the
Federal Bonding Program and the Prison Industry
Enhancement Certification Program for employers
participating in apprenticeship programs.
``(D) Small- and medium-sized employers.--An
eligible entity applying to engage small- and medium-
sized employers and carry out activities in accordance
with subsection (a)(1)(B)(iv) shall include as part of
their application a description of demonstrated success
in engaging small- and medium-sized employers and the
ability to recruit new employers to participate in
related partnerships or programs, including small
businesses owned or controlled by women, minorities, or
veterans.
``(3) Intermediary grants.--
``(A) Supporting national industry and equity
intermediaries.--An eligible entity applying to carry
out activities in accordance with subsection
(a)(1)(C)(i) shall include as part of their application
a description of the ability of such entity to convene
a diverse group of industry-specific stakeholders for
the purposes of developing or expanding programs,
including employers, workforce development
organizations, industry associations, labor groups
(including joint labor-management organizations), small
businesses owned or controlled by women, minorities, or
veterans, and education and training providers at a
national level or with national reach.
``(B) Serving programs in a local or regional
setting.--An eligible entity applying to carry out
activities in accordance with subsection (a)(1)(C)(ii)
shall include as part of their application a
description of how such entity will--
``(i) engage employers, especially small-
and medium-sized businesses, in the formation
or ongoing development of industry or sector
partnerships and programs in the national
apprenticeship system;
``(ii) identify the industry or sector
partnerships that will be served, and
demonstrate alignment to high-skill, high-wage,
or in-demand industry sectors or occupations;
``(iii) leverage additional resources,
including funding provided by Federal and non-
Federal resources; and
``(iv) provide services to program sponsors
and program participants.
``(4) Educational alignment.--An eligible entity applying
to carry out activities in accordance with subsection (a)(1)(D)
shall include as part of their application a description of--
``(A) a demonstration of a partnership with--
``(i)(I) no less than three sponsors or
employers; or
``(II) an industry or sector partnership;
and
``(ii) at least 1 of the following--
``(I) an educational service
agency;
``(II) a high school;
``(III) a local educational agency;
``(IV) State educational agency;
``(V) an Indian Tribe, Tribal
organization, Tribal educational
agency, Tribally controlled college or
university, or Tribally controlled
postsecondary career and technical
institution, as applicable;
``(VI) a postsecondary educational
institution;
``(VII) a Job Corps center (as
defined in section 142 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3192)); or
``(VIII) a State higher education
agency; and
``(B) a commitment to establishing or expanding the
alignment of the related instruction to--
``(i) the requirements for a high school
diploma, which may be fulfilled through a dual
or concurrent enrollment program; or
``(ii) the requirements for a recognized
postsecondary credential, including the degree
requirements for an associate's or bachelor's
degree.
``SEC. 202. USES OF FUNDS.
``(a) General Activities.--An eligible entity applying for any
grant activity under section 201(a)(1)--
``(1) shall use at least 5 percent of the grant funds to
provide direct financial assistance to apprentices, pre-
apprentices, or youth apprentices through emergency grants to
support their financial needs to enter, remain enrolled in, and
complete such program, such as support for the related costs of
supplies and equipment, assessment or licensure fees, courses,
transportation, child care, internet access, and housing; and
``(2) may use funds for any of the following activities:
``(A) To establish or expand partnerships with
organizations that provide program participants access
to financial planning, mentoring, and supportive
services that are necessary to enable an individual to
participate in and complete a program under the
national apprenticeship system.
``(B) To conduct outreach and recruitment
activities, including assessments of potential
participants for, and enrollment of participants in, a
program under the national apprenticeship system.
``(C) To conduct outreach, engagement, recruitment,
and coordination of activities with employers, industry
associations, labor and joint labor-management
organizations, qualified intermediaries, education and
training providers, State or local workforce agencies,
potential sponsors, community-based organizations,
communities with high numbers or percentages of
nontraditional apprenticeship populations, small- and
medium-sized businesses, or rural communities to
establish or expand industry or sector partnerships and
opportunities under the national apprenticeship system.
``(D) To carry out grant requirements, including
program evaluation and reporting requirements.
``(E) To conduct any activities as described in the
application that would advance the purposes of the
grant.
``(F) To support the transition to virtual or
remote learning or training, as necessary and as
approved by the registration agency.
``(b) Additional Uses of Funds.--
``(1) Creation or expansion activities.--
``(A) Apprenticeship program creation.--An eligible
entity that receives funds under section
201(a)(1)(A)(i) shall use such funding to create and
implement an apprenticeship program, which may
include--
``(i) creating and providing training and
related instruction based on employer
engagement;
``(ii) applying apprenticeship frameworks
as described in section 111(b)(5)(C) to the
State or local labor market and employer needs;
``(iii) aligning the new program with
existing apprenticeship programs; or
``(iv) appropriate equipment, technology,
and instructional materials aligned with new
program needs, including machinery, testing
equipment, tools, implements, hardware and
software, and other new and emerging
instructional materials.
``(B) Apprenticeship program expansion.--An
eligible entity that receives funds under section
201(a)(1)(A)(ii) shall use such funds to expand an
existing apprenticeship program, which may include--
``(i) expanding and enhancing related
instruction;
``(ii) conducting outreach to and
engagement with employers for the purposes of
program expansion, including creation of new or
expansion of existing industry or sector
partnerships;
``(iii) preparing additional instructors or
mentors needed for program expansion;
``(iv) building awareness of apprenticeship
program opportunities for State or local
workforce development, education, and economic
development entities; and
``(v) providing commensurate wages to wages
for on-the-job training for program
participants during related instruction, as
applicable.
``(C) Pre-apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iii) shall use such funds to create a new
pre-apprenticeship program or expand an existing pre-
apprenticeship program, which may include--
``(i) coordinating pre-apprenticeship
program activities with an apprenticeship
program in a high-skill, high-wage, or in-
demand industry sector or occupation, including
the creation or expansion of work-based
learning opportunities, and articulation
agreements for those who successfully complete
a pre-apprenticeship to earn academic credit
and enroll in an apprenticeship program;
``(ii) creating, expanding, or integrating
related instruction and work-based learning,
which may include training in the workplace and
supporting partnerships to create opportunities
for pre-apprentices to earn credit at a
postsecondary educational institution for
skills and competencies acquired during the
pre-apprenticeship program;
``(iii) providing participants with career
exploration and career planning activities and
with exploration of postsecondary opportunities
including apprenticeship programs;
``(iv) with respect to participants without
a high school diploma or a generally recognized
equivalent, paying the costs affiliated with
acquiring such equivalent, and the costs of any
related assessments of potential pre-
apprentices or active pre-apprentices,
including those that would verify the
attainment of foundational knowledge and skills
necessary to succeed in an apprenticeship
program;
``(v) development or expansion of
partnerships with organizations that assist
program participants in accessing supportive
services, which may include the 12-month period
after the conclusion of a pre-apprenticeship
program;
``(vi) providing commensurate wages to the
linked apprenticeship program for pre-
apprentices as they participate in and complete
the pre-apprenticeship program, as appropriate;
``(vii) paying the cost of related
instruction or assessment or licensure fees
associated with the pre-apprenticeship program,
as appropriate;
``(viii) providing stipends to pre-
apprentices enrolled in a pre-apprenticeship
program to cover costs such as housing,
transportation, child care or out-of-pocket
expenses resulting from the pre-apprenticeship
program such as assessments and fees for
industry-recognized credentials or driver's
licenses during the time of enrollment; or
``(ix) creating or expanding industry or
sector partnerships to support the pre-
apprenticeship program and to provide
additional opportunities to the pre-
apprentices.
``(D) Youth apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iv) shall use such funds to create a new
youth apprenticeship program or expand an existing
youth apprenticeship program, which may include--
``(i) paying for the costs associated with
curriculum development and alignment of that
curriculum with recognized postsecondary
credentials including industry-recognized
credentials, high school graduation
requirements, and related instruction,
including curriculum development for dual or
concurrent enrollment;
``(ii) providing employers, and to the
extent practicable, labor organizations and
joint labor-management organizations, technical
assistance to support the participation of
youth apprentices under the age of 18;
``(iii) integrating work-based and academic
learning, which may include training in the
workplace;
``(iv) providing career exploration and
career planning activities, including
exploration of postsecondary opportunities such
as apprenticeship programs;
``(v) providing technical assistance to
support the participation of small- and medium-
sized businesses in youth apprenticeship
programs;
``(vi) developing or expanding partnerships
with organizations that assist program
participants in accessing supportive services,
which may include the 12-month period after the
conclusion of such a youth apprenticeship
program; or
``(vii) providing teachers, career guidance
and academic counselors, school leaders,
administrators, specialized instructional
support personnel, and paraprofessionals with
professional development opportunities to build
an understanding of apprenticeship
opportunities available to students, including
experiential opportunities like externships.
``(2) Incentive funds.--
``(A) Barriers to employment.--An eligible entity
that receives funds under section 201(a)(1)(B)(i) shall
use such funds to encourage employer participation in
programs under the national apprenticeship system that
target individuals with barriers to employment, which
may include--
``(i) providing financial assistance to
employers to support costs related to the
programs, such as training incumbent workers
for participation as mentors or employees
supervising the on-the-job learning;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction; and
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system.
``(B) High-need social service-related
industries.--An eligible entity that receives funds
under section 201(a)(1)(B)(ii) shall use such funds to
incentivize employer participation in programs under
the national apprenticeship system in high-need social
service-related industries, sectors, or occupations,
which may include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors, or employees providing on-the-job
training;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction;
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system; or
``(iv) aligning such program with career
pathways and opportunities for advancement
along such career pathways.
``(C) Individuals impacted by the justice system.--
An eligible entity that receives funds under section
201(a)(1)(B)(iii) shall use such funds to incentivize
employer participation in programs under the national
apprenticeship system that target individuals impacted
by the criminal or juvenile justice system, which may
include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning; or
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction.
``(D) In-demand industry sector or occupation
grants for small- and medium-sized businesses.--An
eligible entity that receives funds under section
201(a)(1)(B)(iv) shall use such funds to encourage
participation of small- and medium-sized businesses in
programs under the national apprenticeship system,
which may include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning;
``(ii) supporting the cost of related
instruction, assessment or licensure fees, or
wages for program participants during related
instruction;
``(iii) providing technical assistance to
small- and medium-sized businesses on the
program registration process and leveraging
other available funds to support carrying out
programs supported by this grant; or
``(iv) establishing or expanding
partnerships to support program development or
expansion, including establishing or expanding
industry or sector partnerships to ensure
inclusion of small- and medium-sized
businesses.
``(3) Intermediary grants.--
``(A) National industry and equity
intermediaries.--An eligible entity that receives funds
under section 201(a)(1)(C)(i) shall use such funds to
carry out activities at a national and regional level
to support the promotion and expansion of industry or
equity intermediaries, which may include--
``(i) creating partnerships and leveraging
collaborations with employers, workforce
development organizations, industry
associations, labor organizations, and
education and training providers to help
multiple employers make education and training
more affordable and accelerate the expansion of
programs under the national apprenticeship
system nationwide;
``(ii) assisting employers in expanding
programs, starting new programs, and working
together to create a pipeline of skilled
workers;
``(iii) increasing the participation and
completion of nontraditional apprenticeship
populations in programs under the national
apprenticeship system, which may include--
``(I) supporting the development,
implementation, and scaling of plans
and practices; and
``(II) identifying, developing, and
disseminating effective program tools
and strategies;
``(iv) providing national activities to
increase awareness and access to programs,
including strategic marketing and outreach,
technology improvements, and innovations that
make it easier for employers to start programs
and for individuals to connect with program
opportunities;
``(v) developing and disseminating training
or related instruction associated with the
program or for curriculum improvements that
align with the requirements of the program and
learning assessments; or
``(vi) providing industry employees or
potential employees with a clear understanding
of future career paths and the skills needed to
succeed, along with cost-effective ways of
acquiring those skills through youth
apprenticeship, pre-apprenticeship, or
apprenticeship programs.
``(B) Local intermediaries.--An eligible entity
that receives funds under section 201(a)(1)(C)(ii) may
use such funds to carry out activities at a local or
regional level to support the promotion and expansion
of programs under the national apprenticeship system,
which may include--
``(i) providing training or related
instruction associated with the programs or for
curriculum improvements that align with the
requirements of the programs and learning
assessments;
``(ii) engaging with local education and
training providers to support related
instruction aligned with the needs of high-
skill, high-wage, or in-demand industry sectors
and occupations, and to the extent practicable,
support the provision of academic credit for
related instruction;
``(iii) providing services, including
business engagement, classroom instruction, and
development of partnerships with organizations
that assist program participants in accessing
supportive services (which may include the 12-
month period after the conclusion of the other
activities in the youth apprenticeship and pre-
apprenticeship programs involved);
``(iv) providing technical assistance on
the registration process for a sponsor of a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(v) connecting businesses, labor
organizations, or joint labor-management
organizations with education and training
providers to develop related instruction to
complement the on-the-job learning portion of a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(vi) providing training to employees to
serve as on-the-job trainers or mentors to
program participants; and
``(vii) providing career exposure, career
planning, and career awareness activities.
``(4) Educational alignment grants.--An eligible entity
that receives funds under section 201(a)(1)(D) shall use such
funds to strengthen alignment between programs under the
national apprenticeship system and education and training
providers with secondary and postsecondary education systems,
including degree and credential requirements, which may
include--
``(A) creating and aligning the related instruction
to requirements for a high school diploma or an
associate's or bachelor's degree, including through--
``(i) dual enrollment and credit
articulation for youth apprenticeship programs;
``(ii) articulation agreements; or
``(iii) credit transfer agreements;
``(B) creating or expanding career pathways aligned
with pre-apprenticeship, youth apprenticeship, or
apprenticeship programs;
``(C) providing professional development for
teachers, career guidance and academic counselors,
school leaders, administrators, specialized
instructional support personnel, and paraprofessionals
to build an understanding of opportunities in the
national apprenticeship system available to students
and to incorporate such opportunities into academic
content and offerings;
``(D) offering prior learning assessments, which
may include credit for prior learning to grant advanced
standing in a program under the national apprenticeship
system and credit towards an associate's or bachelor's
degree;
``(E) maintaining a connection between a pre-
apprenticeship or youth apprenticeship program and an
apprenticeship program; and
``(F) providing training for instructors or
mentors.
``SEC. 203. GRANT EVALUATIONS.
``(a) Recipient Reports.--Each recipient of a grant under this
section shall--
``(1) provide for an independent evaluation of the
activities carried out under this title during the grant
period;
``(2) provide for an annual report and for a final report
at the conclusion of the grant period, which include--
``(A) a description of how the funds received
through the grant were used and how the uses of funds
aligned with the description in the application
specified in section 201(e)(5)(C);
``(B) in the case of an eligible entity that is
required to report data under section 131(b)(1), the
data collected under such section on a quarterly basis;
``(C) the total number of active program
participants served by each of the grant programs;
``(D) the total number that obtained unsubsidized
employment in a field related to the occupation
suitable for apprenticeship;
``(E) the total number of program participants that
completed the program in which they were enrolled;
``(F) the average time to completion for each
program as compared to the program standards
description under paragraphs (1) and (2) of section
123(b);
``(G) the average cost per participant during the
most recent program year and the 3 preceding program
years;
``(H) the percentage of participants who received
support services; and
``(I) the disaggregation of performance data
described in subparagraphs (A) through (H)--
``(i) by the program type (apprenticeship,
youth apprenticeship, or pre-apprenticeship
program) involved; and
``(ii) by race, ethnicity, sex, age, and
membership in a population specified in section
3(24) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(24)); and
``(3) submit each report under paragraph (2)--
``(A) to the registration agency; and
``(B) to the Administrator.
``(b) Administrator Evaluations.--
``(1) In general.--The Administrator shall prepare--
``(A) not later than 36 months after the date of
enactment of the National Apprenticeship Act of 2023,
an interim evaluation on the activities carried out
under grants, contracts, or cooperative agreements
awarded under this section; and
``(B) not later than 60 months after the date of
enactment of the National Apprenticeship Act of 2023, a
final evaluation containing the results of the grant
activities.
``(2) Contents.--Such evaluations shall address, for the
activities carried out under each grant awarded under this
section, the general effectiveness of the activities in
relation to their cost, including the extent to which the
activities--
``(A) improve the participation in, retention in,
and completion of youth apprenticeship, pre-
apprenticeship, and apprenticeship programs by
nontraditional apprenticeship populations;
``(B) to the extent feasible, increase the levels
of total employment, of attainment of recognized
postsecondary credentials, and of measurable skills,
above the levels that would have existed in the absence
of such activities;
``(C) respond to the needs reflected in State,
regional, or local labor market data;
``(D) align with high-skill, high-wage, or in-
demand industries or occupations; and
``(E) reach a wide variety of industry sectors and
occupations.
``(3) Reports to congress.--Not later than 60 days after
the completion of the interim evaluation and the final
evaluation described in this section, the Administrator shall
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
summarizing the findings of the interim evaluations and a
report summarizing the final evaluations.
``(4) Public access.--The Administrator shall make the
interim and final reports available on a publicly accessible
website not later than 60 days after the completion of the
interim report and the final report.
``SEC. 204. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.
``There are authorized to be appropriated to carry out this title:
``(1) $400,000,000 for fiscal year 2025;
``(2) $500,000,000 for fiscal year 2026;
``(3) $600,000,000 for fiscal year 2027;
``(4) $700,000,000 for fiscal year 2028; and
``(5) $800,000,000 for fiscal year 2029.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.--Section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended--
(1) in the heading, by striking ``for job training'' and
inserting ``for programs under the national apprenticeship
system''; and
(2) by striking ``for demonstration programs and projects
described in section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998'' and inserting ``to carry
out title II of the National Apprenticeship Act''.
(c) Transition Provision.--Notwithstanding the repeal and
amendments made by subsections (a) and (b), each eligible entity that
received a grant under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 (29 U.S.C. 2916a), as such
section was in effect before October 1, 2024--
(1) shall continue to receive funds in accordance with the
terms of such grant; and
(2) may not receive any additional funds under such section
after the expiration of such grant.
<all>
</pre></body></html>
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118HR2852 | Federal Firefighter Cancer Detection and Prevention Act of 2023 | [
[
"S001208",
"Rep. Slotkin, Elissa [D-MI-7]",
"sponsor"
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[
"S00... | <p><b>Federal Firefighter Cancer Detection and Prevention Act of 2023</b></p> <p>This bill requires the Department of Defense (DOD) to provide its firefighters with medical testing and related services to detect, document, and prevent certain cancers. DOD firefighters may opt out of such testing or services.</p> <p>DOD must document certain information related to the offered testing and services, but must ensure personally identifiable information is removed prior to analyzing the information. </p> <p>DOD may share data with the Centers for Disease Control and Prevention to increase the knowledge and understanding of cancer occurrences among firefighters.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2852 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2852
To require the Secretary of Defense to provide to firefighters of the
Department of Defense medical testing and related services to detect
and prevent certain cancers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Slotkin (for herself and Mr. Bacon) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of Defense to provide to firefighters of the
Department of Defense medical testing and related services to detect
and prevent certain cancers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Firefighter Cancer Detection
and Prevention Act of 2023''.
SEC. 2. MEDICAL TESTING AND RELATED SERVICES FOR FIREFIGHTERS OF
DEPARTMENT OF DEFENSE.
(a) Provision of Services.--During the annual periodic health
assessment of each firefighter of the Department of Defense, or at such
other intervals as may be indicated in this subsection, the Secretary
shall provide to the firefighter (at no cost to the firefighter)
appropriate medical testing and related services to detect, document
the presence or absence of, and prevent, certain cancers. Such services
shall meet, at a minimum, the following criteria:
(1) Breast cancer.--With respect to the breast cancer
screening, if the firefighter is a female firefighter--
(A) such services shall include the provision of a
mammogram to the firefighter--
(i) on at least a biannual basis if the
firefighter is 40 years old to 49 years old
(inclusive);
(ii) on at least an annual basis if the
firefighter is at least 50 years old; and
(iii) as clinically indicated (without
regard to age); and
(B) in connection with such provision, a licensed
radiologist shall review the most recent mammogram
provided to the firefighter, as compared to prior
mammograms so provided, and provide to the firefighter
the results of such review.
(2) Colon cancer.--With respect to colon cancer screening--
(A) if the firefighter is at least 40 years old,
and as otherwise clinically indicated, such services
shall include the communication to the firefighter of
the risks and benefits of stool-based blood testing;
(B) if the firefighter is at least 45 years old,
and as clinically indicated (without regard to age),
such services shall include the provision, at regular
intervals, of visual examinations (such as a
colonoscopy, CT colonoscopy, or flexible sigmoidoscopy)
or stool-based blood testing; and
(C) in connection with such provision, a licensed
physician shall review and provide to the firefighter
the results of such examination or testing, as the case
may be.
(3) Prostate cancer.--With respect to prostate cancer
screening, if the firefighter is a male firefighter, the
communication to the firefighter of the risks and benefits of
prostate cancer screenings and the provision to the firefighter
of a prostate-specific antigen test--
(A) on an annual basis, if the firefighter is at
least 50 years old;
(B) on an annual basis, if the firefighter is at
least 40 years old and is a high-risk individual; and
(C) as clinically indicated (without regard to
age).
(4) Other cancers.--Such services shall include routine
screenings for any other cancer the risk or occurrence of which
the Director of the Centers for Disease Control and Prevention
has identified as higher among firefighters than among the
general public, the provision of which shall be carried out
during the annual periodic health assessment of the
firefighter.
(b) Optional Nature.--A firefighter of the Department of Defense
may opt out of the receipt of a medical testing or related service
provided under subsection (a).
(c) Use of Consensus Technical Standards.--In providing medical
testing and related services under subsection (a), the Secretary shall
use consensus technical standards in accordance with section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note).
(d) Documentation.--
(1) In general.--In providing medical testing and related
services under subsection (a), the Secretary--
(A) shall document the acceptance rates of such
tests offered and the rates of such tests performed;
(B) shall document tests results, to identify
trends in the rates of cancer occurrences among
firefighters; and
(C) may collect and maintain additional information
from the recipients of such tests and other services,
to allow for appropriate scientific analysis.
(2) Privacy.--In analyzing any information of an individual
documented, collected, or maintained under paragraph (1), in
addition to complying with other applicable privacy laws, the
Secretary shall ensure the name, and any other personally
identifiable information, of the individual is removed from
such information prior to the analysis.
(3) Sharing with centers for disease control and
prevention.--The Secretary may share data from any tests
performed under subsection (a) with the Director of the Centers
for Disease Control and Prevention, as appropriate, to increase
the knowledge and understanding of cancer occurrences among
firefighters.
(e) Definitions.--In this section:
(1) The term ``firefighter'' has the meaning given that
term in section 707 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1441; 10
U.S.C. 1074m note).
(2) The term ``high-risk individual'' means an individual
who--
(A) is African American;
(B) has at least one first-degree relative who has
been diagnosed with prostate cancer at an early age; or
(C) is otherwise determined by the Secretary to be
high risk with respect to prostate cancer.
<all>
</pre></body></html>
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118HR2853 | Expanding Care in the Home Act | [
[
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"sponsor"
],
[
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"Rep. Dingell, Debbie [D-MI-6]",
"cosponsor"
],
[
"S001185",
"Rep. Sewell, Terri A. [D-AL-7]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2853 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2853
To amend title XVIII of the Social Security Act to expand access to
clinical care in the home, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Smith of Nebraska (for himself and Mrs. Dingell) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to expand access to
clinical care in the home, 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 ``Expanding Care in
the Home Act''.
(b) Table of Contents.--the table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Enhancing primary care in the home.
Sec. 3. Improving coverage for Medicare home infusion.
Sec. 4. Establishing payment for staff-assisted home dialysis.
Sec. 5. Ensuring Medicare beneficiaries have access to in-home labs.
Sec. 6. Expanding advanced diagnostic imaging in the home.
Sec. 7. Delivering personal care services to Medicare beneficiaries.
Sec. 8. Building the future of the home-based care workforce.
SEC. 2. ENHANCING PRIMARY CARE IN THE HOME.
(a) In General.--The Secretary of Health and Human Services (HHS
Secretary) shall allow primary care providers (PCPs) enrolled in
Medicare Part B to elect to receive a monthly capitated payment for
Primary Care Qualified Evaluation and Management Services (PQEM) as an
alternative to fee-for-service reimbursement. Providers shall be
allowed to elect to receive a monthly capitated payment for a period of
time ranging from one to five years.
(b) Covered Services.--The HHS Secretary shall annually identify
PQEM services no later than October 1 each year. At a minimum, these
services shall include the following services when billed by a primary
care provider or a nonprimary care specialist (as outlined by the
Secretary):
(1) Office or Other Outpatient Services (99201-99205,
99211-99215).
(2) Domiciliary, Rest Home or Custodial Care Services
(99324-99328, 99334-99337).
(3) Domiciliary, Rest Home or Home Care Plan Oversight
Services 99339-99340).
(4) Home Services (99341-99345, 99347-99350).
(5) Transitional Care Management Services (99495-99496).
(6) Care Coordination Management Services (99490).
(7) Wellness Visits (G0402, G0438, G0439).
(c) Payment.--The capitated payment system designed by the HHS
Secretary shall have the following:
(1) Base capitated payments should reflect the previous 3
years excluding the period during which there was an active
public health emergency for COVID-19.
(2) There should be an increase in payments to reflect the
need for PCPs to invest in changing their office practice
workflow.
(3) Higher PCP payment could be possible through greater
bonuses related to improving value through total cost of care
and quality.
(4) PCPs electing capitated payments should be permitted to
offer incentives to engage patients to be assigned to their
patient care panels.
(d) Attribution.--The HHS Secretary shall ensure that PCPs electing
to receive a capitated payment have visibility and input into the
attribution model used to attribute patients to them. At a minimum, the
attribution methodology should--
(1) patient attribution to panels should be prospective;
(2) panels should be updated monthly or quarterly; and
(3) PCPs should have a mechanism and incentives to enroll
patients so they can influence who is attributed to their
panel.
SEC. 3. IMPROVING COVERAGE FOR MEDICARE HOME INFUSION.
(a) In General.--The HHS Secretary shall establish reimbursement
for home infusion services and associated equipment and items under
part B.
(b) Covered Services and Supplies.--Home Infusion Therapy (HIT) and
associated equipment are defined to include--
(1) equipment (e.g., mechanical pumps) for drug
administration of Eligible Infusion Drugs;
(2) items (other than drugs and equipment) used in
connection with the delivery of Eligible Infusion Drugs such as
disposable supplies for the drug administration (e.g., tubing,
elastomeric pumps) and for the routine maintenance of the
infusion access device;
(3) 24/7 availability of pharmacist professional services
such as assessments, drug preparation and compounding,
dispensing, clinical monitoring, administrative, and education;
and
(4) 24/7 availability of nursing services (when not
provided as part of a home health episode).
(c) Qualified Providers.--Provided by a qualified home infusion
therapy services supplier as defined in section 1861(iii)(3)(C) of this
Act.
(d) Eligible Infusion Drugs.--Eligible part B and part D Infusion
Drugs are defined as parenteral drugs or biologics administered through
intravenous, intrathecal, intra-arterial, or subcutaneous access
device, except--
(1) drugs and biologics on the self-administered drug list;
and
(2) drugs and biologics covered under Part B Durable
Medical Equipment, Prosthetics, Orthotics and Supplies
(DMEPOS).
(e) Current or Future Infusion Drugs.--Provided, nothing in this
section shall be construed to change the coverage status of any current
or future infusion drugs that meet the definition of a covered part D
drug as defined at section 1860D-2(e) and which are paid under Medicare
part D.
(f) Referring Providers.--Patients must be under the care of a
physician, nurse practitioner, or physician assistant.
(g) Safety and Quality.--Consistent with standards of care found
within commercial, Medicare Advantage, and State Medicaid programs with
regard to sterile preparation of the drug to a final, useable form;
timeliness of initiation of care; billing of drugs, items, and pharmacy
services by a single entity; performing periodic assessments of patient
satisfaction and collection and evaluation of quality outcome data; and
maintaining a consolidated patient record of services provided in
accordance with the plan of care.
(h)(1) Reimbursement.--A per infusion day payment is established
and defined as ``a payment for the date on which a drug was
administered to the individual at home (regardless of whether a skilled
professional was physically present in the home of such individual on
such date)''.
(2) Market Rates.--Such payment may be based on a market analysis
of rates paid for home infusion supplies and services by the commercial
sector and Medicare Advantage programs.
(3) Payment Eligibility.--Nothing shall prevent a home infusion
supplier from being paid a per infusion day payment when a qualified
home health agency provides the nursing services for the infusion
therapy under the part A home health benefit.
SEC. 4. ESTABLISHING PAYMENT FOR STAFF-ASSISTED HOME DIALYSIS.
(a) In General.--Section 1881(b)(14) of the Social Security Act (42
U.S.C. 1395rr(b)(14)) is amended by adding at the end the following new
subparagraph:
``(J)(i) For services furnished on or after the
date which is 1 year after the date of the enactment of
this subparagraph which are staff-assisted home
dialysis (as defined in clause (iv)(III)), the
Secretary shall increase the single payment that would
otherwise apply under this paragraph for renal dialysis
services furnished to new and respite individuals in
accordance with the payment system established under
clause (iii) by qualified providers.
``(ii)(I) Subject to subclause (II), staff-assisted
home dialysis may only be furnished during--
``(aa) with respect to an individual
described in subclause (iv)(I)(aa), one 90-day
period which may be renewed up to two 30-day
periods; and
``(bb) with respect to an individual
described in subclause (iv)(I)(bb) and
notwithstanding whether such an individual
receives any respite care under part A, any 30-
day period.
``(II) Notwithstanding the limits described in
subclause (I), staff-assisted home dialysis may be
furnished for as long as the Secretary determines
appropriate to an individual who--
``(aa) is blind;
``(bb) has a cognitive or neurological
impairment (including a stroke, Alzheimer's,
dementia amyotrophic lateral sclerosis, or any
other impairment determined by the Secretary);
or
``(cc) has any other illness or injury that
reduces mobility (including cerebral palsy,
spinal cord injuries, or any other illness or
injury determined by the Secretary).
``(iii) The Secretary shall establish a prospective
payment system through regulations to determine the
amounts payable to qualified providers for staff-
assisted home dialysis. In establishing such system,
the Secretary may consider--
``(I) the costs of furnishing staff-
assisted home dialysis;
``(II) consultations with dialysis
providers, dialysis patients, private payers,
and MA plans;
``(III) payment amounts for similar items
and services under parts A and B; and
``(IV) payment amounts established by MA
plans under part C, group health plans, and
health insurance coverage offered by health
insurance issuers.
``(iv) In this subparagraph:
``(I) The term `new and respite individual'
means an individual described in subsection (a)
who is either--
``(aa) initiating either peritoneal
or home hemodialysis; or
``(bb) receiving home dialysis and
is unable to self-dialyze due to
illness, injury, caregiver issues, or
other temporary circumstances.
``(II) The term `qualified provider' means
a trained professional (as determined by the
Secretary, including nurses and certified
patient technicians) who furnishes renal
dialysis services and--
``(aa) meets requirements (as
determined by the Secretary) that
ensures competency in patient care and
modality usage; and
``(bb) provides in-person
assistance to a patient for at least 75
percent of staff-assisted home dialysis
sessions during a period described in
clause (ii)(i).
``(III)(aa) The term `staff-assisted home
dialysis' means home dialysis using trained
professionals to assist individuals who have
been determined to have end stage renal
disease, and the frequency of such home
dialysis is determined by such professionals in
coordination with the patient and his or her
care partner, and outlined in a patient plan of
care.
``(bb) In this subclause, the term `care
partner' means anyone who is designated by the
patient who assists the individual with the
furnishing of home dialysis.
``(cc) In this subclause, the term `patient
plan of care' has the meaning given such term
in section 494.90 of title 42, Code of Federal
Regulations.''.
(b) Patient Education and Training Relating to Staff-Assisted Home
Dialysis.--Section 1881(b)(5) of the Social Security Act (42 U.S.C.
1395rr(b)(5)) is amended--
(1) in subparagraph (C), by striking at the end ``and'';
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(D) educate patients of the opportunity to
receive staff-assisted home dialysis (as defined in
paragraph (14)(J)(iv)(III)) during the period beginning
30 days after the first day such facility furnishes
renal dialysis services to an individual and ending 60
days after such day; and
``(E) provide for nurses, certified patient
technicians, or other professionals to train patients
and their care partners in skills and procedures needed
to perform home dialysis (as defined in paragraph
(14)(J)(iv)(III)) treatment--
``(i) regularly and independently;
``(ii) through telehealth services or
through group training (as described in the
interpretive guidance relating to tag number
V590 of `Advance Copy--End Stage Renal Disease
(ESRD) Program Interpretive Guidance Version
1.1' (published on October 3, 2008)) in
accordance with the Federal regulations
(concerning the privacy of individually
identifiable health information) promulgated
under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996; and
``(iii) in the home or resident of a
patient, in a dialysis facility, or the place
in which the patient intends to receive staff-
assisted home dialysis.''.
(c) Other Provisions.--
(1) Anti-kickback statute.--Section 1128B(b)(3) of the
Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(A) in subparagraph (J), by striking at the end
``and'';
(B) in subparagraph (K), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(L) any remuneration relating to
the furnishing of staff-assisted home
dialysis (as defined in section
1881(b)(14)(J)(iv)(III)).''.
(2) CMI model.--Section 1115A(b)(2)(B) of the Social
Security Act (42 U.S.C. 1320b-(b)(2)(B)) is amended by adding
at the end the following new clause:
``(xxviii) Making payment to anyone who is
designated by a patient who receives staff-
assisted home dialysis (as defined in section
1881(b)(14)(J)(iv)(III)) and otherwise meets
the requirements (as determined by the
Secretary), notwithstanding whether an
individual is a qualified provider (as defined
in section 1881(b)(14)(J)(iv)(II)) or otherwise
eligible for reimbursement under title
XVIII.''.
(3) Study.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Finance of
the Senate a report that examines racial disparities in the
utilization of the home dialysis defined in section
1881(b)(14)(J)(iv)(III) of the Social Security Act (42 U.S.C.
1395rr(b)(14)(J)(iv)(III)) and make recommendations on how to
improve access to such dialysis for communities of color.
(4) Patient decision tool.--Not later than December 31,
2023, for the purpose of section 1881(b)(14)(J) of the Social
Security Act (42 U.S.C. 1395rr(b)(14)(J)), the Secretary of
Health and Human Services shall convene a patient panel to
create a patient-centered decision tool for dialysis patients
to evaluate their lifestyle and goals and be assisted in
choosing the dialysis modality that best suits them. This tool
should include an acknowledgment that they are capable of home
dialysis and want home dialysis, if that is the modality they
choose.
(5) Patient quality of life metric.--Section 1115A(b)(2)(B)
of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)) is
amended by adding at the end the following new subparagraph:
``(i) A patient quality of life metric for
all patients utilizing dialysis regardless of
modality with the intent of measuring and
improving patient quality of life on
dialysis.''.
SEC. 5. ENSURING MEDICARE BENEFICIARIES HAVE ACCESS TO IN-HOME LABS.
(a) In General.--The Secretary shall establish reimbursements for
an add-on payment to cover travel costs and mailing costs associated
with specimen collection of at-home clinical laboratory tests for
eligible Medicare beneficiaries.
(b) Coverage.--The add-on payment shall apply to all at-home
clinical laboratory tests currently reimbursed under Part B as ordered
by an eligible Medicare provider.
(c) Eligible Beneficiaries.--The Secretary shall determine the
screening tool or utilization management that would trigger beneficiary
eligibility for at-home clinical laboratory tests. Eligibility shall be
more comprehensive than the homebound status as defined in sections
1835(a) and 1814(a) of the Social Security Act. The screening tool
shall consider other criteria such as chronic conditions, social needs,
barriers to accessing care, income level, or dual eligible status.
(d) Eligible Suppliers.--The Secretary shall determine eligible
suppliers for specimen collection of at-home clinical lab tests.
(e) Payment for Travel Allowance.--The Secretary shall establish
payment methodology for the travel allowance reimbursement. The
methodology shall account for geographic variation in costs of
transportation.
(f) Payment for Mailing Costs.--The Secretary shall establish
payment methodology for reimbursement of the cost for mailing completed
at-home clinical lab tests. The reimbursement structure shall be tiered
on shipping based upon the nature of the collection and processing
needs, for example cold chain requirements, time sensitively, and other
infectious disease protocols.
(g) Beneficiary Costs.--No provision in this section shall impact
the coinsurance applied to beneficiaries as currently reimbursed for
clinical laboratory tests.
SEC. 6. EXPANDING ADVANCED DIAGNOSTIC IMAGING IN THE HOME.
(a) General.--The Secretary shall conduct an evaluation of Medicare
reimbursable advanced diagnostic imaging as defined in subsection
(e)(1)(B) of section 1834 of the Social Security Act. The purpose of
the evaluation shall be to consider expansions to reimbursable at-home
advanced diagnostic imaging services, including costs of
transportation.
(b) Minimum Action.--At a minimum, the Secretary shall permit the
delivery and reimbursement of ultrasound imaging in the home, including
the cost of transportation.
(c) Eligibility.--The Secretary shall determine the screening tool
or utilization management that would trigger beneficiary eligibility
for at-home advanced diagnostic services. Eligibility shall be more
comprehensive than the homebound status as defined in sections 1835(a)
and 1814(a) of the Social Security Act. The screening tool shall
consider other criteria such as chronic conditions, social needs,
barriers to accessing care, income level, or dual eligible status.
(d) Authority.--The Secretary shall have the authority to expand
the types of at-home advanced diagnostic imaging services reimbursable
under Medicare, if medically appropriate and safe.
(e) Payment.--No provision in this section shall impact the payment
rates set annually through the physician fee schedule.
(f) Report to Congress.--The Secretary shall submit the findings
from the evaluation in section (a) in a report to Congress not later
than 90 days after enacted. The report should provide justification for
the Secretary's decision not to expand particular diagnostic services
in the home and recommendations to further expand advanced diagnostic
imaging in the home.
SEC. 7. DELIVERING PERSONAL CARE SERVICES TO MEDICARE BENEFICIARIES.
(a) General.--The Social Security Act is amended to establish
coverage for personal care assistance services as defined in subsection
(k) to eligible Medicare beneficiaries (``Benefit'' hereafter).
(b) Services.--Up to 12 hours per week of personal care assistance
services in increments of no less than four hours.
(c) Time Limited Benefit.--If prescribed by a qualified Medicare
provider, the eligible beneficiary is entitled to 30 days of personal
care services and eligible for two additional 30-day periods if the
provider deems it is appropriate. The Benefit shall be capped at 90
days per calendar year.
(d) Eligibility.--To be considered eligible for the Benefit, the
beneficiary--
(1) must be Medicare eligible;
(2) must not be Medicaid-eligible;
(3) must have an income at or below 400 percent of the
Federal Poverty Level (FPL);
(4) must be functionally disabled as defined in subsection
(l); and
(5) must have four or more chronic conditions as defined by
the Secretary or had a qualified hospitalization stay, as
defined by the Secretary, in the last 30 days.
(e) Other Eligibility Requirements.--The Secretary may consider
other eligibility requirements that are known to, based on evaluation
and research, improve value of care and coordination of care. For
example, the beneficiary could be required to attend an annual wellness
visit or be aligned with a primary care provider or specialist who
functions as a primary care provider.
(f) Benefit Determination Process.--The Secretary shall establish a
process to validate beneficiary eligibility for the Benefit through a
determination process. Additionally, the Secretary shall put in place
an appeals process to review possible wrongful determinations.
(g) Coinsurance.--After 30 days of personal care services, a 20
percent coinsurance shall apply for the remaining Benefit period.
(h) Reimbursement.--The Secretary will establish an hourly rate for
personal care services through the annual physician fee schedule. The
hourly rate should be based on a blend of the Department of Veterans
Affairs fee schedule for the homemaker/home health aide service (G0156)
and averages for private sector home care.
(i) Value-Based Care Reimbursement.--The Secretary should establish
a value-based component to the reimbursement of the Benefit that
focuses on reducing medical needs. For example, a portion of the fee-
for-service reimbursement could be withheld and if certain quality
measures (e.g., avoiding unnecessary hospitalizations) are achieved,
the remaining portion of the reimbursement would be paid.
(j) Oversight.--The Secretary shall establish a process to certify
personal care agencies, for example requirements for Federal background
checks, and other appropriate oversight. Personal care aides shall be
employed by an agency. To ensure sufficient number of providers,
Agencies providing solely personal care services as defined in this
section shall not be required to comply with Conditions of
Participation (CoPs).
(k) Overlap.--The Secretary shall develop criteria describing how
model overlap will be addressed when patients are eligible for the
Benefit and are otherwise participating in a payment and delivery
reform model under section 1899 or through the Center for Medicare and
Medicaid Innovation. The Secretary shall exclude costs of the Benefit
from reconciliation in these payment and delivery reform models as
appropriate to limit unintended consequences.
(l) Definitions.--
(1) Functionally disabled.--An individual is ``functionally
disabled'' if the individual--
(A) is unable to perform without substantial
assistance from another individual at least 2 of the
following 3 activities of daily living: toileting,
transferring, and eating; or
(B) has a primary or secondary diagnosis of
Alzheimer's disease and is--
(i) unable to perform without substantial
human assistance (including verbal reminding or
physical cueing) or supervision at least 2 of
the following 5 activities of daily living:
bathing, dressing, toileting, transferring, and
eating; or
(ii) cognitively impaired so as to require
substantial supervision from another individual
because he or she engages in inappropriate
behaviors that pose serious health or safety
hazards to himself or herself or others.
(2) Personal care assistance services.--Assistance with
activities of daily living, as defined at subsection III of
this section, which do not require the skills of qualified
technical or professional personnel.
(3) Activities of daily living.--As defined in 42 CFR Sec.
441.505, activities of daily living (ADLs) means basic personal
everyday activities including, but not limited to, tasks such
as eating, toileting, grooming, dressing, bathing, and
transferring.
SEC. 8. BUILDING THE FUTURE OF THE HOME-BASED CARE WORKFORCE.
(a) Creation of Grants to Communities To Foster Home-Based Care
Professionals.--
(1) General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may award grants to entities to invest in
developing the home-based care workforce.
(2) Eligible grantees.--The Secretary may award grants to
nonprofit hospital or health systems, community-based
organizations, non-profit home health agencies or personal care
organizations, State and local health agencies, and other
entities identified by the Secretary.
(3) Use of funds.--The grantee may use funds for the
following:
(A) Invest in transitioning facility-based medical
personnel to care models that are focused on delivering
care in the home.
(B) Establish career advancement training to
improve the unique needs of medical personnel entering
the home, for example training for cultural
sensitivity, use of digital technologies, and best
practices.
(C) Recruit new medical personnel that will be
responsible for delivering care or support services for
care models in the home.
(4) Application.--To be eligible to receive a grant, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(5) Priority.--In selecting grant recipients, the Secretary
shall prioritize entities that are able to provide evidence
that they primarily serve minority populations, operate in a
medically underserved community or a health professional
shortage area, or are heavily community-focused.
(6) Grantee reporting requirements.--Each entity awarded a
grant shall submit an annual report to the Secretary on the
activities conducted under such grant, and other information as
the Secretary may require.
(7) Report to congress.--Not later than 5 years after the
date of enactment of this section and every 5 years thereafter,
the Secretary shall submit a report to Congress that provides a
summary of the activities and outcomes associated with grants
made under this section.
(8) Appropriation.--To carry out this section, there is
authorized to be appropriated $50,000,000 to remain available
until expended.
(b) Establishment of Home-Based Nursing Task Force.--
(1) General.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a task
force on developing standards for a home-based nursing board
certification (in this section referred to as the ``Task
Force'').
(2) Duties.--Not later than 12 months after the
establishment of the Task Force, the Task Force shall develop
and submit to the Secretary recommendations and strategies for
the Department of Health and Human Services for the following:
(A) Identify key considerations and opportunities
for a potential registered nurse board certification in
home-based care.
(B) Develop the specifications and eligibility
requirements that would need to be met for a nursing
board certification in home-based care.
(C) Outline the benefits and potential issues that
would be associated with establishing a nursing board
certification in home-based care.
(3) Considerations.--In developing recommendations and
strategies, the Task Force shall consider the following:
(A) Current and future state of the in-home
registered nursing workforce, including projected job
needs.
(B) Factors influencing individuals to pursue
careers in home-based care nursing.
(C) Access and barriers to in-home nursing career
opportunities for vulnerable or underrepresented
populations into nursing.
(D) Unique role the in-home registered nursing
workforce plays in engaging with caregivers.
(E) Differences in facility-based care verses home-
based care from the perspective of the nurse, such as
clinical competency, burnout, level of experience
required, cultural sensitivities required, stressors,
and more.
(4) Public report.--Not later than 60 days after the
submission of the recommendations and strategies, the Secretary
shall submit to the Congress a report containing such
recommendations and strategies.
(5) Period of appointment.--Members shall be appointed to
the Task Force the duration of the existence of the Task Force.
(6) Compensation.--Task Force members shall serve without
compensation.
(7) Sunset.--The Task Force shall terminate upon the
submission of the report required.
(c) Expanding Emergency Medical Services Workforce Study.--
(1) General.--Not later than 90 days after the date of
enactment of Expanding Emergency Medical Services (EMS)
Workforce Program, the Secretary shall establish a council to
study the impacts of expanding the role of emergency medical
service (EMS) providers in the triage, treatment, and transfer
of patients in both emergency and non-emergency encounters and
associated impacts on the EMS workforce (in this section
referred to as the ``Council'').
(2) Duties.--Not later than 12 months after the
establishment of the Council, the Council shall develop and
submit a study to the Secretary of the Department of Health and
Human Services that--
(A) details barriers to EMS providers to treating
in-place;
(B) outlines the benefits and other considerations
associated with expanding the scope of services
delivered by EMS providers;
(C) examines the current EMS provider workforce's
ability to expand their role in healthcare encounters;
(D) evaluates best practices for nurse navigation
programs that assist in triage and dispatch of
appropriate level of EMS providers;
(E) evaluates best practices for community
paramedicine programs; and
(F) assesses the impacts of the Expanding Emergency
Medical Services (EMS) Workforce Program on medically
and socially underserved communities' access to care
and emergency department utilization.
(3) Considerations.--In developing the study, the Council
shall consider the following:
(A) Previous and existing community paramedicine
programs.
(B) Previous and existing nurse navigation
programs.
(C) Access to EMS services in rural communities.
(D) Current and future state of the EMS provider
workforce, including projected job needs.
(E) Unique role the EMS workforce plays in engaging
with the community.
(F) Training of EMS providers.
(G) Varying roles and capabilities of different
levels of EMS professionals, including Emergency
Medical Responder, Emergency Medical Technician,
Advanced--EMT, Paramedic, Community Paramedic.
(4) Public report.--Not later than 60 days after the
submission of the study, the Secretary shall submit to the
Congress a report containing recommendations and strategies for
utilizing the EMS workforce beyond the scope of their current
role in healthcare encounters.
(5) Period of appointment.--Members shall be appointed to
the Council the duration of the existence of the Council.
(6) Compensation.--Council members shall serve without
compensation.
(7) Sunset.--The Council shall terminate upon the
submission of the report required.
(8) FACA applicability.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
(9) Council procedures.--The Secretary, in consultation
with the Comptroller General of the United States and the
Director of the Office of Management and Budget, shall
establish procedures for the Council to--
(A) ensure that adequate resources are available to
effectively execute the responsibilities of the
Council;
(B) effectively coordinate with other relevant
advisory bodies and working groups to avoid unnecessary
duplication;
(C) create transparency to the public and Congress
with regard to Council membership, costs, and
activities, including through use of modern technology
and social media to disseminate information; and
(D) avoid conflicts of interest that would
jeopardize the ability of the Council to make decisions
and provide recommendations.
<all>
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118HR2854 | To require the Administrator of the United States Agency for International Development to submit a report on progress relating to malaria reduction, and for other purposes. | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2854 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2854
To require the Administrator of the United States Agency for
International Development to submit a report on progress relating to
malaria reduction, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Smith of New Jersey (for himself, Mr. Meeks, Mr. Hill, and Ms.
Wild) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To require the Administrator of the United States Agency for
International Development to submit a report on progress relating to
malaria reduction, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) April 25 of each year is recognized internationally as
``World Malaria Day''.
(2) Malaria is a leading cause of death and disease in many
developing countries, with nearly half of all cases globally
occurring in only 4 countries, despite being preventable and
treatable.
(3) At the end of 2021, there were an estimated 247,000,000
malaria cases in 84 endemic countries and 619,000 deaths from
malaria.
(4) Between 2019 and 2021, an estimated additional
13,400,000 cases and 63,000 deaths were attributed to
disruptions during that period of the COVID-19 pandemic.
(5) Young children and pregnant women are particularly
vulnerable to, and disproportionately affected by, malaria,
with children under the age of 5 accounting for 76 percent of
malaria deaths each year.
(6) Malaria was once a leading cause of death in the United
States.
(7) Fighting malaria is in the national interest of the
United States because reducing the risk of malaria protects
members of the Armed Forces and other people of the United
States serving overseas in malaria-endemic regions, and
reducing malaria deaths helps to lower risks of instability in
less developed countries.
(8) United States support for efforts to fight malaria--
(A) is in the diplomatic and moral interests of the
United States;
(B) generates goodwill toward the United States;
and
(C) highlights the values of the people of the
United States through the work of governmental,
nongovernmental, and faith-based organizations of the
United States.
(9) Global investments made in malaria intervention
programs have averted an estimated 2,000,000,000 malaria cases
and 11,700,000 malaria deaths between 2000 and 2021.
(10) The United States Government has played a leading role
in the recent progress made toward reducing the global burden
of malaria, particularly through the President's Malaria
Initiative and the contribution of the United States to the
Global Fund to Fight AIDS, Tuberculosis and Malaria.
(11) In fiscal year 2021, the President's Malaria
Initiative protected nearly 100,000,000 people with
insecticide-treated bed nets, more than 21,000,000 people with
indoor insecticide spraying, more than 8,000,000 children with
seasonal preventive treatments, and more than 5,000,000 women
with preventive treatments in pregnancy.
(12) The United States is the largest donor to the Global
Fund to Fight AIDS, Tuberculosis and Malaria, and every $1
contributed by the United States leverages an additional $2
from other donors, as required by law.
(13) The United States Government is pursuing a
comprehensive approach to ending malaria deaths through the
President's Malaria Initiative, led by the Administrator of the
United States Agency for International Development and
implemented with assistance from the Director of the Centers
for Disease Control and Prevention, the Secretary of State, the
Secretary of Health and Human Services, the Director of the
National Institutes of Health, the Secretary of Defense, and
private sector entities.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress to--
(1) support the goals and ideals of ``World Malaria Day'';
(2) recognize the importance of reducing malaria prevalence
and deaths to improve overall child and maternal health in all
endemic regions, especially in sub-Saharan Africa;
(3) commend the recent progress made toward reducing global
malaria morbidity, mortality, and prevalence, particularly
through the efforts of the President's Malaria Initiative and
the Global Fund to Fight AIDS, Tuberculosis and Malaria;
(4) commend the efforts and achievements in preventing and
treating malaria by endemic countries through the national
malaria control programs of such countries;
(5) welcome ongoing public-private partnerships to research
and develop more effective and affordable tools for malaria
prevention, diagnosis, treatment, and vaccination;
(6) recognize the goals, priorities, and authorities to
combat malaria set forth in the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act of 2008 (Public Law 110-293;
122 Stat. 2918);
(7) support efforts to reduce malaria case incidence and
malaria mortality rates by at least 90 percent by 2030;
(8) support continued leadership by the United States in
bilateral, multilateral, and private sector efforts to combat
malaria and to work with developing countries to create long-
term strategies to increase ownership over malaria programs;
and
(9) encourage other members of the international community
to sustain and increase their support for, and financial
contributions to, efforts to combat malaria worldwide.
SEC. 3. REPORTING REQUIREMENT.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the United States Agency for International
Development shall submit to Congress a report on the cumulative
progress toward 90 percent malaria reduction by 2030, including by
providing incidence and mortality rates of malaria.
<all>
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118HR2855 | Sinkhole Mapping Act of 2023 | [
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"G00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2855 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2855
To direct the Director of the United States Geological Survey to
establish a program to map zones that are at greater risk of sinkhole
formation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Soto (for himself and Mr. Bilirakis) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To direct the Director of the United States Geological Survey to
establish a program to map zones that are at greater risk of sinkhole
formation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sinkhole Mapping Act of 2023''.
SEC. 2. SINKHOLE HAZARD IDENTIFICATION.
(a) In General.--The Director of the United States Geological
Survey shall establish a program to--
(1) study the short-term and long-term mechanisms that
cause sinkholes, including extreme storm events, prolonged
droughts causing shifts in water management practices, aquifer
depletion, and other major changes in water use; and
(2) develop maps that depict zones that are at greater risk
of sinkhole formation.
(b) Review of Maps.--Once during each 5-year period, or more often
as the Director of the United States Geological Survey determines is
necessary, the Director shall assess the need to revise and update the
maps developed under this section.
(c) Website.--The Director of the United States Geological Survey
shall establish and maintain a public website that displays the maps
developed under this section and other relevant information critical
for use by community planners and emergency managers.
(d) Authorization of Appropriations.--There are hereby authorized
$40,000,000 for each of fiscal years 2024 through 2028 to be
appropriated to the Director of the United States Geological Survey for
purposes of carrying out this section.
<all>
</pre></body></html>
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118HR2856 | Combatting Hospital Monopolies Act | [
[
"S000929",
"Rep. Spartz, Victoria [R-IN-5]",
"sponsor"
],
[
"J000298",
"Rep. Jayapal, Pramila [D-WA-7]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2856 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2856
To give the Federal Trade Commission authority over certain tax-exempt
organizations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To give the Federal Trade Commission authority over certain tax-exempt
organizations.
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 ``Combatting Hospital Monopolies
Act''.
SEC. 2. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX-EXEMPT
ORGANIZATIONS.
Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is
amended, in the undesignated paragraph relating to the definition of
the term ``Corporation''--
(1) by striking ``, and any'' and inserting ``, any''; and
(2) by inserting before the period at the end the
following: ``, and any hospital organization or cooperative
hospital service organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code''.
<all>
</pre></body></html>
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118HR2857 | Measuring State Healthcare Freedom Act | [
[
"S000929",
"Rep. Spartz, Victoria [R-IN-5]",
"sponsor"
]
] | <p><strong>Measuring State Healthcare Freedom Act</strong></p> <p>This bill temporarily requires studies on licensing of health care professionals, mergers and acquisitions of health care entities (e.g., hospitals and health insurance companies), and other matters affecting health care competition and consolidation at the state level.</p> <p>For 10 years following the bill's enactment, the Office of the Assistant Secretary for Planning and Evaluation within the Department of Health and Human Services must annually carry out the studies. The office must consult with the Antitrust Division of the Department of Justice and the Federal Trade Commission on the studies.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2857 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2857
To direct the Assistant Secretary for Planning and Evaluation of the
Department of Health and Human Services to conduct an annual study on
health care competition and consolidation at the State level.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Assistant Secretary for Planning and Evaluation of the
Department of Health and Human Services to conduct an annual study on
health care competition and consolidation at the State level.
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 ``Measuring State Healthcare Freedom
Act''.
SEC. 2. ANNUAL STUDY ON HEALTH CARE COMPETITION AND CONSOLIDATION AT
STATE LEVEL.
(a) In General.--Over each of the 10 years following the date of
enactment of this Act, the Assistant Secretary for Planning and
Evaluation of the Department of Health and Human Services (in this
section referred to as the ``Assistant Secretary'') shall conduct a
study on health care competition and consolidation at the State level.
(b) Consultation.--In conducting the study under this section, the
Assistant Secretary shall consult with the Chair of the Federal Trade
Commission and the Assistant Attorney General in charge of the
Antitrust Division of the Department of Justice.
(c) Obtaining Data.--The Assistant Secretary may secure from the
Federal Trade Commission information necessary to enable the Assistant
Secretary to carry out subsection (d)(2). Upon request of the Assistant
Secretary, the Chair of the Federal Trade Commission shall furnish that
information to the Assistant Secretary.
(d) Metrics.--The study under this section shall include data
collection on each of the following:
(1) Licensing requirements for doctors, nurses, and other
health care practitioners, including requirements with respect
to--
(A) initial licensure;
(B) ongoing maintenance of licensure;
(C) specific training and postgraduate and
continuing medical education;
(D) residency supervisory requirements; and
(E) board certification.
(2) Mergers and acquisitions (both vertical and
horizontal), involving--
(A) hospitals;
(B) ambulatory or outpatient practices;
(C) ambulatory surgical centers;
(D) health insurance providers;
(E) habilitative service providers (such as
providers of physical therapy or occupational therapy);
and
(F) telehealth.
(3) The number of--
(A) State laws establishing a legal mechanism by
which a State approves mergers between or among two or
more hospitals (commonly referred to as ``certificates
of public advantage''); and
(B) State laws establishing a legal mechanism for
regulating the growth of construction of new health
care facilities (commonly referred to as ``certificates
of need'').
(4) The availability of alternative forms of health
insurance coverage, including--
(A) short-term limited duration insurance (as
defined for purposes of section 2791(b)(5) of the
Public Health Service Act (42 U.S.C. 300gg-91(b)(5)));
and
(B) association health plans (including plans
offered through the American Farm Bureau Federation).
(5) The number of each of the following in operation at the
start and the end of each year covered by the 10-year study
period:
(A) Hospitals.
(B) Medical practices.
(C) Ambulatory or outpatient practices.
(D) Ambulatory surgical centers.
(E) Health insurance providers.
(F) Habilitative service providers.
(6) The Herfindahl-Hirschman Index, within geographic areas
defined by the Assistant Secretary in consultation with the
Bureau of Competition of the Federal Trade Commission, for the
following health care services:
(A) General acute care hospital services.
(B) Ambulatory or outpatient medical services,
disaggregated by medical specialty.
(C) Habilitative services.
(e) Annual Reports.--
(1) In general.--Not later than the end of each of the 10
years referred to in subsection (a), the Assistant Secretary
shall submit to the Committee on Energy and Commerce and the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
status and results of the study under this section.
(2) Publication; publicly accessible datasets.--Not later
than the end of each of the 10 years referred to in subsection
(a), the Assistant Secretary shall--
(A) publish on the website of the Office of the
Assistant Secretary the report submitted under
paragraph (1) for the respective year; and
(B) make the data collected through the study under
this section available to the public on such website in
a manner that is publicly accessible and interactive.
<all>
</pre></body></html>
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118HR2858 | Restoring Rights of Medical Residents Act | [
[
"S000929",
"Rep. Spartz, Victoria [R-IN-5]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2858 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2858
To amend the Pension Funding Equity Act of 2004 to repeal the antitrust
exemption applicable to graduate medical resident matching programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Pension Funding Equity Act of 2004 to repeal the antitrust
exemption applicable to graduate medical resident matching 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 ``Restoring Rights of Medical
Residents Act''.
SEC. 2. REPEALER.
Section 207 of the Pension Funding Equity Act of 2004 (15 U.S.C.
37B) is repealed.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on the March 18 that 1st occurs after
the date of the enactment of this Act.
<all>
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118HR2859 | Holding Nonprofit Hospitals Accountable Act | [
[
"S000929",
"Rep. Spartz, Victoria [R-IN-5]",
"sponsor"
]
] | <p> <strong>Holding Nonprofit Hospitals Accountable Act</strong></p> <p>The bill imposes additional community benefit standards for tax-exempt hospital organizations. A hospital organization must have a board of directors drawn from the community in which it is located and must provide medical care for patients who pay their bills through public programs, including Medicare and Medicaid.</p> <p>The organization may not limit the number of patients served at any clinical site it owns or controls and must spend specified amounts on (1) training, education, or research designed to improve patient care; (2) improvements to facilities and equipment; and (3) free or discounted care. </p> <p>The Inspector General for Tax Administration of the Department of the Treasury must conduct a review of the financial assistance policies of tax-exempt hospital organizations. </p> <p>The Government Accountability Office must review and report on the effectiveness of the Internal Revenue Service in enforcing compliance of tax-exempt hospitals with the new community benefit standards.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2859 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2859
To amend the Internal Revenue Code of 1986 to establish new community
benefit standards for tax-exempt hospital organizations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz 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 establish new community
benefit standards for tax-exempt hospital organizations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holding Nonprofit Hospitals
Accountable Act''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR CERTAIN HOSPITALS.
(a) In General.--Section 501(r) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1), by striking ``and'' in subparagraph
(C), by striking the period at the end of subparagraph (D) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(E) meets the community benefit standard
described in paragraph (7).'',
(2) by redesignating paragraph (7) as paragraph (8), and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) Community benefit standard.--
``(A) In general.--A hospital organization meets
the requirements of this paragraph if such
organization--
``(i) has a board of directors drawn from
the community in which such organization is
located,
``(ii) both--
``(I) treats patients who pay their
bills through public programs,
including under the Medicare program
under title XVIII of the Social
Security Act or under the Medicaid
program under title XIX of such Act,
and
``(II) does not limit the number of
such patients served at any clinical
site owned or controlled by such
organization, and
``(iii) spends an amount which meets or
exceeds the expenditure threshold for the
taxable year on any combination of--
``(I) training, education, or
research designed to improve patient
care,
``(II) improvements to facilities
and equipment except as provided in
subparagraph (C), and
``(III) free or discounted care
pursuant to a financial assistance
policy.
``(B) Expenditure threshold.--For purposes of this
paragraph, the term `expenditure threshold' means 100
percent of the value of the Federal, State, and local
tax exemptions of the hospital organization for the
taxable year.
``(C) Special rules for improvements to facilities
and equipment.--
``(i) In general.--For purposes of clause
(iii)(II) of subparagraph (A)--
``(I) expenditures under such
clause may not be used to account for
more than 50 percent of the minimum
spending requirement under such
subparagraph, and
``(II) expenditures for the
acquisition of a physician practice,
hospital, ambulatory surgical center,
or any other care delivery organization
shall not be taken into account as an
improvement to facilities or equipment
under such clause.
``(ii) Care delivery organization.--For
purposes of clause (i), the term `care delivery
organization' means an organization of people,
institutions, and resources whose primary
mission is to deliver health care services to
meet the health needs of a target
population.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2024.
SEC. 3. HOSPITAL ORGANIZATION FINANCIAL ASSISTANCE POLICY COMPLIANCE
REQUIREMENTS.
(a) In General.--Section 501(r) of the Internal Revenue Code of
1986, as amended by the preceding provision of this Act, is further
amended in paragraph (5)(A) by inserting ``according to Medicare rates
with respect'' after ``billed''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2024.
SEC. 4. FINANCIAL ASSISTANCE POLICY REVIEW AND REPORT.
(a) Review.--The Treasury Inspector General for Tax Administration
shall conduct a review of financial assistance policies of hospital
organizations under section 501(r)(4) of the Internal Revenue Code of
1986.
(b) Report.--Not later than 365 days after the date of the
enactment of this Act and annually thereafter, the Treasury Inspector
General for Tax Administration shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate a report on the results of the review conducted under
subsection (a), including--
(1) the content of financial assistance policies of
hospital organizations,
(2) compliance of hospital organizations with the financial
assistance policy requirements of section 501(r)(4) of the
Internal Revenue Code of 1986, and
(3) such other topics as are determined by the Treasury
Inspector General for Tax Administration to be relevant to
financial assistance policies.
SEC. 5. INTERNAL REVENUE SERVICE ENFORCEMENT REVIEW AND REPORT.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the effectiveness of the Internal Revenue Service
in enforcing compliance with the community benefit standard for
hospital organizations under section 501(r)(7) of the Internal Revenue
Code of 1986.
(b) Report.--Not later than 365 days after the date of the
enactment of this Act and no later than every three years thereafter,
the Comptroller General of the United States shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the results of the
review conducted under subsection (a).
<all>
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118HR286 | Health Care Providers Safety Act of 2023 | [
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... | <p><strong>Health Care Providers Safety Act of 2023</strong></p> <p>This bill authorizes the Department of Health and Human Services to award grants to health care providers for security services and other expenses related to physical security and cybersecurity.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 286 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 286
To amend the Public Health Service Act to authorize grants to health
care providers to enhance the physical and cyber security of their
facilities, personnel, and patients.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Escobar (for herself, Ms. Bonamici, Ms. Castor of Florida, Ms.
Schakowsky, Mr. Foster, Ms. Jacobs, Mr. Allred, Mr. Moulton, Mrs.
Napolitano, Mr. Espaillat, Mr. Evans, Mr. Thompson of California, Ms.
Velazquez, Ms. Pressley, Mr. Raskin, Ms. Garcia of Texas, Mr. Panetta,
Mr. Doggett, Ms. Lois Frankel of Florida, Ms. Kelly of Illinois, Ms.
Wasserman Schultz, Mr. Himes, Ms. Brownley, Ms. Ross, Ms. Barragan, Mr.
Auchincloss, Ms. Jayapal, Mr. Nadler, Mr. Blumenauer, Ms. Wild, Ms.
Blunt Rochester, Mrs. Watson Coleman, Mr. Morelle, Ms. Wilson of
Florida, Mr. Kilmer, Ms. Norton, Mr. Garcia of Illinois, Ms. Moore of
Wisconsin, Mr. Payne, Ms. Chu, Ms. Williams of Georgia, Mr. Gallego,
Mr. Connolly, Ms. Plaskett, Mrs. Torres of California, Mr. Davis of
Illinois, Mr. Swalwell, Mr. Ruppersberger, Mr. Casten, Mr. Soto, Mr.
Larson of Connecticut, Mrs. Cherfilus-McCormick, Mr. Lynch, Ms. Meng,
Mr. Smith of Washington, Mrs. Trahan, Ms. Balint, Mr. Schneider, Mr.
Cicilline, Ms. Clarke of New York, Mr. Lieu, Mr. Khanna, Mr. Johnson of
Georgia, Mr. Grijalva, Ms. Bush, Mrs. Hayes, Mr. Horsford, Mr. Takano,
Ms. Tlaib, Mr. Bowman, Ms. Stevens, Ms. Wexton, Mr. Keating, Mr.
Carbajal, Ms. Dean of Pennsylvania, Mr. McGovern, Ms. Leger Fernandez,
Ms. Stansbury, Ms. Tokuda, Mr. Gomez, Ms. Sherrill, Ms. Adams, Ms.
McCollum, Ms. Ocasio-Cortez, Mrs. Fletcher, Mr. Boyle of Pennsylvania,
Mr. Robert Garcia of California, Mr. Nickel, Mr. Tonko, Ms. Jackson
Lee, Ms. Scanlon, Ms. Lee of California, Mr. Vargas, Mr. Cohen, Ms.
Sewell, Mrs. Beatty, Mr. Bishop of Georgia, Mr. Green of Texas, Mr.
Cleaver, Mr. Beyer, Mr. Peters, Mr. Gottheimer, Mr. Trone, Ms. DeGette,
Mrs. Sykes, Ms. Sanchez, Mr. Sarbanes, and Mr. Carson) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to authorize grants to health
care providers to enhance the physical and cyber security of their
facilities, personnel, and patients.
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 Care Providers Safety Act of
2023''.
SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) (as amended by Public Law 117-328) is amended by adding
at the end the following:
``SEC. 399V-8. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY.
``(a) In General.--The Secretary may award grants to health care
providers to pay for security services and otherwise enhance the
physical and cyber security of their facilities, personnel, and
patients to ensure safe access.
``(b) Use of Funds.--A health care provider receiving a grant under
this section may use the grant to pay the costs of necessary security
services and enhancements to physical access and cyber security,
including video surveillance camera systems, data privacy enhancements,
and structural improvements.''.
<all>
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118HR2860 | Restoring Rights of Physicians to Own Hospitals Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2860 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2860
To amend title XVIII of the Social Security Act to repeal the Obamacare
ban on provider-owned hospitals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to repeal the Obamacare
ban on provider-owned hospitals, 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 Rights of Physicians to
Own Hospitals Act''.
SEC. 2. REPEALING REQUIREMENTS FOR HOSPITALS TO QUALIFY FOR RURAL
PROVIDER AND HOSPITAL EXCEPTION TO OWNERSHIP OR
INVESTMENT PROHIBITION.
Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is
amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A), at the end, by inserting
``and'';
(B) in subparagraph (B), at the end, by striking
``; and'' and inserting a period; and
(C) by striking subparagraph (C);
(2) in subsection (d)(3)--
(A) in subparagraph (B), at the end, by inserting
``and'';
(B) in subparagraph (C), at the end, by striking
``; and'' and inserting a period; and
(C) by striking subparagraph (D); and
(3) by striking subsection (i).
<all>
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118HR2861 | To require the Government Accountability Office to evaluate the effects of anticompetitive contracting clauses in contracts between health insurers and health care providers and to determine actions taken by the Federal Trade Commission and the Department of Justice relating to the use of such clauses in such contracts and to assess their ability to effectively enforce the Federal antitrust laws with respect to such use. | [
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118HR2863 | Preventing Hospital Overbilling of Medicare Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2863 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2863
To amend title XVIII of the Social Security Act and title XXVII of the
Public Health Service Act to address incorrect billing by off-campus
hospital locations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mrs. Spartz introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act and title XXVII of the
Public Health Service Act to address incorrect billing by off-campus
hospital 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 ``Preventing Hospital Overbilling of
Medicare Act''.
SEC. 2. ADDRESSING INCORRECT BILLING BY OFF-CAMPUS HOSPITAL LOCATIONS.
(a) Promoting Medicare Site-Neutral Payments.--
(1) Removing certain exceptions to the definition of an
off-campus outpatient department of a provider.--
(A) In general.--Section 1833(t)(21)(B) of the
Social Security Act (42 U.S.C. 1395l(t)(21)(B)) is
amended to read as follows:
``(B) Off-campus outpatient department of a
provider.--For purposes of paragraph (1)(B)(v) and this
paragraph, the term `off-campus outpatient department
of a provider' means a department of a provider (as
defined in section 413.65(a)(2) of title 42 of the Code
of Federal Regulations, as in effect as of the date of
the enactment of the Bipartisan Budget Act of 2015)
that is not located--
``(i) on the campus (as defined in such
section 413.65(a)(2)) of such provider; or
``(ii) within the distance (described in
such definition of campus) from a remote
location of a hospital facility (as defined in
such section 413.65(a)(2)).''.
(B) Effective date.--The amendment made by
subparagraph (A) shall apply with respect to items and
services furnished on or after January 1, 2024.
(2) Removing site-neutral exception for off-campus
emergency departments.--Section 1833(t)(21)(A) of the Social
Security Act (42 U.S.C. 1395l(t)(21)(A)) is amended by
inserting ``before January 1, 2024'' after ``furnished''.
(3) Clarifying secretarial authority to promote site-
neutral payments.--Section 1833(t)(2)(F) of the Social Security
Act (42 U.S.C. 1395l(t)(2)(F)) is amended by adding at the end
the following new sentence: ``Such method may include actions
determined appropriate by the Secretary to promote site-neutral
payment policies to reduce expenditures attributable to items
and services furnished under this part, such as actions to
prevent hospitals from billing for items and services furnished
at an off-campus outpatient department of a provider as if such
items and services were furnished at such hospital.''.
(b) Ensuring Separate NPIs for Off-Campus Outpatient Departments of
a Provider.--
(1) In general.--Section 1173(b) of the Social Security Act
(42 U.S.C. 1320d-2(b)) is amended by adding at the end the
following new paragraph:
``(3) Ensuring separate npis for off-campus outpatient
departments of a provider.--The standards specified under
paragraph (1) shall ensure that, not later than January 1,
2024, each off-campus outpatient department of a provider (as
defined in section 1833(t)(21)(B)) is assigned a separate
unique health identifier from such provider.''.
(2) Treatment of certain departments as subparts of a
hospital.--Not later than January 1, 2024, the Secretary of
Health and Human Services shall revise sections 162.408 and
162.410 of title 45, Code of Federal Regulations, to ensure
that each off-campus outpatient department of a provider (as
defined in section 1833(t)(21)(B) of the Social Security Act
(42 U.S.C. 1395l(t)(21)(B))) is treated as a subpart (as
described in such sections) of such provider and assigned a
unique health identifier pursuant to section 1173(b)(3) of such
Act (as added by paragraph (1)).
(c) Off-Campus Departments of a Provider Billing Requirements.--
(1) Medicare.--Section 1866(a)(1) of the Social Security
Act (42 U.S.C. 1395cc(a)(1)) is amended--
(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) in the case of a hospital with an off-campus
outpatient department of a provider (as defined in section
1833(t)(21)(B)), with respect to items and services furnished
at such department of a provider on or after January 1, 2024,
to bill under this title (including under part C of this title)
for such items and services using the unique health identifier
established for such department of a provider pursuant to
section 1173(b)(3) on a HIPAA X12 837P transaction or CMS 1500
form (or a successor transaction or form).''.
(2) Other providers.--Part E of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-131 et seq.) is amended by
adding at the end the following new section:
``SEC. 2799B-10. BILLING REQUIREMENTS FOR OFF-CAMPUS DEPARTMENTS OF A
PROVIDER.
``A health care provider may not, with respect to items and
services furnished to an individual at an off-campus outpatient
department of a provider (as defined in section 1833(t)(21)(B) of the
Social Security Act), submit a claim for such items and services to a
group health plan or health insurance issuer, and may not hold such
individual liable for such items and services, unless such items and
services are billed--
``(1) using the separate unique health identifier
established for such department pursuant to section 1173(b)(3)
of such Act; and
``(2) on a HIPAA X12 837P transaction or CMS 1500 form (or
a successor transaction or form).''.
(3) Effective date.--The amendment made by paragraph (1)
shall apply with respect to claims submitted for items and
services furnished on or after January 1, 2024.
(d) NAIC Model Act or Regulation.--The Secretary of Health and
Human Services shall request that, not later than 6 months after the
date of the enactment of this Act, the National Association of
Insurance Commissioners establish a model Act or regulation designed to
address the issue of hospitals inappropriately billing for items and
services furnished at off-campus outpatient departments of a provider
(as defined in section 1833(t)(21)(B) of the Social Security Act (42
U.S.C. 1935l(t)(21)(B))) by allowing health insurance issuers and group
health plans (as such terms are defined in section 2791 of the Public
Health Service Act (42 U.S.C. 300gg-91)) to reject such claims unless
such department of a provider bills in accordance with the provisions
of section 2799B-10 of such Act. The Secretary shall request that such
model Act or regulation include requirements similar to those found in
Colorado House Bill 18-1282.
<all>
</pre></body></html>
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118HR2864 | Countering CCP Drones Act | [
[
"S001196",
"Rep. Stefanik, Elise M. [R-NY-21]",
"sponsor"
],
[
"G000579",
"Rep. Gallagher, Mike [R-WI-8]",
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]
] | <p><strong>Countering CCP Drones Act</strong></p> <p>This bill requires the inclusion of telecommunications and video surveillance equipment or services produced or provided by Shenzhen Da-Jiang Innovations Sciences and Technologies Company Limited (a Chinese drone maker commonly known as DJI Technologies) on a list of communications equipment or services determined by the Federal Communications Commission (FCC) to pose an unacceptable risk to U.S. national security. Current law prohibits the use of federal funding available through specified FCC programs for purchasing or maintaining listed equipment or services.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2864 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2864
To amend the Secure and Trusted Communications Networks Act of 2019 to
provide for the addition of certain equipment and services produced or
provided by DJI Technologies to the list of covered communications
equipment or services published under such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Stefanik (for herself and Mr. Gallagher) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Secure and Trusted Communications Networks Act of 2019 to
provide for the addition of certain equipment and services produced or
provided by DJI Technologies to the list of covered communications
equipment or services published under such 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 ``Countering CCP Drones Act''.
SEC. 2. ADDITION OF CERTAIN EQUIPMENT AND SERVICES OF DJI TECHNOLOGIES
TO COVERED LIST.
(a) In General.--Section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601(c)) is amended by
adding at the end the following:
``(5) The communications equipment or service being--
``(A) telecommunications or video surveillance
equipment produced by Shenzhen Da-Jiang Innovations
Sciences and Technologies Company Limited (commonly
known as `DJI Technologies') (or any subsidiary or
affiliate thereof); or
``(B) telecommunications or video surveillance
services provided by an entity described in
subparagraph (A) or using equipment described in such
subparagraph.''.
(b) Conforming Amendments.--Section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601) is amended by
striking ``paragraphs (1) through (4)'' each place it appears and
inserting ``paragraphs (1) through (5)''.
<all>
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118HR2865 | To provide for the closure of the Consulate General of the People's Republic of China and the Hong Kong Economic and Trade Office located in New York City, and for other purposes. | [
[
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"Rep. Tiffany, Thomas P. [R-WI-7]",
"sponsor"
],
[
"G000589",
"Rep. Gooden, Lance [R-TX-5]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2865 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2865
To provide for the closure of the Consulate General of the People's
Republic of China and the Hong Kong Economic and Trade Office located
in New York City, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Tiffany (for himself and Mr. Gooden of Texas) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the closure of the Consulate General of the People's
Republic of China and the Hong Kong Economic and Trade Office located
in New York City, 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. CLOSURE OF THE CONSULATE GENERAL OF THE PEOPLE'S REPUBLIC OF
CHINA AND THE HONG KONG ECONOMIC AND TRADE OFFICE LOCATED
IN NEW YORK CITY.
The President shall, notwithstanding any other provision of law,
take such actions as may be necessary to--
(1) provide for the closure of the Consulate General of the
People's Republic of China located in New York City and the
expulsion of all diplomatic personnel assigned to that mission
by not later than 72 hours after the date of the enactment of
this Act; and
(2) notwithstanding section 1 of Public Law 105-22 (``an
Act to extend certain privileges, exemptions, and immunities to
the Hong Kong Economic and Trade Offices''), provide for the
closure of the Hong Kong Economic and Trade Office located in
New York City and the cancellation of the visas or other entry
documentation of all personnel assigned to that Office who are
citizens of the People's Republic of China by not later than 72
hours after the date of the enactment of this Act.
<all>
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118HR2866 | Critical Technology Security Centers Act of 2023 | [
[
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"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
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[
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"Rep. Krishnamoorthi, Raja [D-IL-8]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2866 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2866
To amend the Homeland Security Act of 2002 to establish Critical
Technology Security Centers in the Department of Homeland Security to
evaluate and test the security of critical technology, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Torres of New York 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 Critical
Technology Security Centers in the Department of Homeland Security to
evaluate and test the security of critical technology, 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 ``Critical Technology Security Centers
Act of 2023''.
SEC. 2. CRITICAL TECHNOLOGY SECURITY CENTERS.
(a) Critical Technology Security Centers.--Title III of the
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by
adding at the end the following new section:
``SEC. 324. CRITICAL TECHNOLOGY SECURITY CENTERS.
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Director, shall award grants, contracts, or cooperative agreements to
covered entities for the establishment of not fewer than two
cybersecurity-focused Critical Technology Security Centers (in this
section referred to as `Centers') to evaluate and test the security of
critical technology.
``(b) Evaluation and Testing.--In carrying out the evaluation and
testing of the security of critical technology pursuant to subsection
(a), the Centers shall address the following technologies:
``(1) The security of information and communications
technology that underpins national critical functions related
to communications.
``(2) The security of networked industrial equipment, such
as connected programmable data logic controllers and
supervisory control and data acquisition servers.
``(3) The security of open source software that underpins
national critical functions.
``(4) The security of critical software used by the Federal
Government.
``(c) Addition or Termination of Centers.--
``(1) In general.--The Under Secretary for Science and
Technology may, in coordination with the Director, award or
terminate grants, contracts, or cooperative agreements to
covered entities for the establishment of additional or
termination of existing Centers to evaluate and test the
security of critical technologies.
``(2) Limitation.--The authority provided under paragraph
(1) may be exercised except if such exercise would result in
the operation at any time of fewer than two Centers.
``(d) Selection of Critical Technologies.--
``(1) In general.--Before awarding a grant, contract, or
cooperative agreement to a covered entity to establish a
Center, the Under Secretary for Science and Technology shall
coordinate with the Director, who shall provide the Under
Secretary a list of critical technologies or guidance on such
technologies that would be within the remit of any such Center.
``(2) Expansion and modification.--The Under Secretary for
Science and Technology, in coordination with the Director, is
authorized to expand or modify at any time the list of critical
technologies or guidance on technologies referred to in
paragraph (1) that is within the remit of a proposed or
established Center.
``(e) Responsibilities.--In carrying out the evaluation and testing
of the security of critical technology pursuant to subsection (a), the
Centers shall each have the following responsibilities:
``(1) Conducting rigorous security testing to identify
vulnerabilities in such technologies.
``(2) Utilizing the coordinated vulnerability disclosure
processes established under subsection (g) to report to the
developers of such technologies and, as appropriate, to the
Director, information relating to vulnerabilities discovered
and any information necessary to reproduce such
vulnerabilities.
``(3) Developing new capabilities for improving the
security of such technologies, including vulnerability
discovery, management, mitigation, and remediation.
``(4) Assessing the security of software, firmware, and
hardware that underpin national critical functions.
``(5) Supporting existing communities of interest,
including through grant making, in mitigating and remediating
vulnerabilities discovered within such technologies.
``(6) Sharing findings to inform and support the future
work of the Cybersecurity and Infrastructure Security Agency.
``(f) Risk-Based Evaluations.--Unless otherwise directed pursuant
to guidance issued by the Under Secretary for Science and Technology or
Director under subsection (d), to the greatest extent practicable
activities carried out pursuant to the responsibilities specified in
subsection (e) shall leverage risk-based evaluations to focus on
activities that have the greatest effect on the security of the
critical technologies within each Center's remit, such as the
following:
``(1) Developing capabilities that can detect or eliminate
entire classes of vulnerabilities.
``(2) Testing for vulnerabilities in the most widely used
critical technologies, or vulnerabilities that affect many such
critical technologies.
``(g) Coordinated Vulnerability Disclosure Processes.--Each Center
shall establish, in coordination with the Director, coordinated
vulnerability disclosure processes regarding the disclosure of
vulnerabilities that--
``(1) are adhered to when a vulnerability is discovered or
disclosed by each such Center, consistent with international
standards and coordinated vulnerability disclosure best
practices; and
``(2) are published on the website of each such Center.
``(h) Application.--To be eligible for an award of a grant,
contract, or cooperative agreement as a Center, a covered entity shall
submit to the Secretary an application at such time, in such manner,
and including such information as the Secretary may require.
``(i) Public Reporting of Vulnerabilities.--The Under Secretary for
Science and Technology shall ensure that vulnerabilities discovered by
a Center are reported to the National Vulnerability Database of the
National Institute of Standards and Technology, as appropriate and
using the coordinated vulnerability disclosure processes established
under subsection (g).
``(j) Additional Guidance.--The Under Secretary for Science and
Technology, in coordination with the Director, shall develop, and
periodically update, guidance, including eligibility and any additional
requirements, relating to how Centers may award grants to communities
of interest pursuant to subsection (e)(5) to mitigate and remediate
vulnerabilities and take other actions under such subsection and
subsection (k).
``(k) Open Source Software Security Grants.--
``(1) In general.--Any Center addressing open source
software security may, in consultation with the Under Secretary
for Science and Technology and Director, award grants to
individual open source software developers and maintainers,
nonprofit organizations, and other non-Federal entities as
determined appropriate by any such Center, to fund improvements
in the security of the open source software ecosystem.
``(2) Improvements.--A grant awarded under paragraph (1)
may include improvements such as the following:
``(A) Security audits.
``(B) Funding for developers to patch
vulnerabilities.
``(C) Addressing code, infrastructure, and
structural weaknesses, including rewrites of open
source software components in memory-safe programming
languages.
``(D) Research and tools to assess and improve the
overall security of the open source software ecosystem,
such as improved software fault isolation techniques.
``(E) Training and other tools to aid open source
software developers in the secure development of open
source software, including secure coding practices and
secure systems architecture.
``(3) Priority.--In awarding grants under paragraph (1), a
Center shall prioritize, to the greatest extent practicable,
the following:
``(A) Where applicable, open source software
components identified in guidance from the Director, or
if no such guidance is so provided, utilizing the risk-
based evaluation described in subsection (f).
``(B) Activities that most promote the long-term
security of the open source software ecosystem.
``(l) Biennial Reports to Under Secretary.--Not later than one year
after the date of the enactment of this section and every two years
thereafter, each Center shall submit to the Under Secretary for Science
and Technology, Director, and the appropriate congressional committees
a report that includes the following:
``(1) A summary of the work performed by such Center.
``(2) Information relating to the allocation of Federal
funds at such Center.
``(3) A list of critical technologies studied by such
Center.
``(4) A description of each vulnerability that has been
publicly disclosed pursuant to subsection (g), including
information relating to the corresponding software weakness.
``(5) An assessment of the criticality of each such
vulnerability.
``(6) An overview of the methodologies used by such Center,
such as tactics, techniques, and procedures.
``(7) A description of such Center's development of
capabilities for vulnerability discovery, management, and
mitigation.
``(8) A summary of such Center's support to existing
communities of interest, including an accounting of dispersed
grant funds.
``(9) For such Center, if applicable, a summary of any
grants awarded during the period covered by the report that
includes the following:
``(A) An identification of the entity to which each
such grant was awarded.
``(B) The amount of each such grant.
``(C) The purpose of each such grant.
``(D) The expected impact of each such grant.
``(10) The coordinated vulnerability disclosure processes
established by such Center.
``(m) Reports to Congress.--Upon receiving the reports required
under subsection (l), the Under Secretary for Science and Technology
shall submit to the appropriate congressional committees a summary of
such reports, and, where applicable, an explanation for any deviations
in the list of critical technologies studied by a Center from the list
of critical technologies or guidance relating to such technologies
provided by the Director pursuant to subsection (d).
``(n) Consultation With Relevant Agencies.--In carrying out this
section, the Under Secretary shall consult with the heads of other
Federal agencies conducting cybersecurity research, including the
following:
``(1) The National Institute of Standards and Technology.
``(2) The National Science Foundation.
``(3) Relevant agencies of the Department of Energy.
``(4) Relevant agencies of the Department of Defense.
``(o) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section the following:
``(1) $42,000,000 for fiscal year 2024.
``(2) $44,000,000 for fiscal year 2025.
``(3) $46,000,000 for fiscal year 2026.
``(4) $49,000,000 for fiscal year 2027.
``(5) $52,000,000 for fiscal year 2028.
``(p) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security of the
House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) Covered entity.--The term `covered entity' means a
university or federally-funded research and development center,
including a national laboratory, or a consortia thereof.
``(3) Critical technology.--The term `critical technology'
means technology that underpins one or more national critical
functions.
``(4) Critical software.--The term `critical software' has
the meaning given such term by the National Institute of
Standards and Technology pursuant to Executive Order 14028 or
any successor provision.
``(5) Open source software.--The term `open source
software' means software for which the human-readable source
code is made available to the public for use, study, re-use,
modification, enhancement, and redistribution.
``(6) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.''.
(b) Identification of Certain Technology.--Paragraph (1) of section
2202(e) of the Homeland Security Act of 2002 (6 U.S.C. 652(e)) is
amended by adding at the end the following new subparagraph:
``(S) To identify the critical technologies (as
such term is defined in section 324) or develop
guidance relating to such technologies within the
remits of the Critical Technology Security Centers as
described in such section.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 323 the following new item:
``Sec. 324. Critical Technology Security Centers.''.
<all>
</pre></body></html>
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2867 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2867
To establish an awareness campaign related to the lethality of fentanyl
and fentanyl-contaminated drugs, to establish a Federal Interagency
Work Group on Fentanyl Contamination of Drugs, and to provide
community-based coalition enhancement grants to mitigate the effects of
drug use.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Trone (for himself, Mr. Rogers of Kentucky, Mr. Lamborn, and Mrs.
Peltola) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To establish an awareness campaign related to the lethality of fentanyl
and fentanyl-contaminated drugs, to establish a Federal Interagency
Work Group on Fentanyl Contamination of Drugs, and to provide
community-based coalition enhancement grants to mitigate the effects of
drug use.
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 ``Bruce's Law''.
SEC. 2. AWARENESS CAMPAIGNS.
(a) Opioid Program.--Section 102 of the Comprehensive Addiction and
Recovery Act of 2016 (Public Law 114-198) is amended--
(1) in the section heading, by inserting ``relating to
opioids'' after ``campaigns''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' after
the semicolon;
(B) in paragraph (2)(B), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(b) Additional Campaign.--Title I of the Comprehensive Addiction
and Recovery Act of 2016 (Public Law 114-198) is amended by inserting
after section 102 the following:
``SEC. 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND
FENTANYL-CONTAMINATED DRUGS.
``(a) In General.--The Secretary of Health and Human Services, in
coordination with the heads of other Federal departments and agencies,
shall, as appropriate, through a public awareness campaign, advance the
education and awareness of the public (including school-aged children,
youth, parents, first responders, and providers) and other appropriate
entities regarding the risk of counterfeit drugs being contaminated
with fentanyl or other synthetic opioids and the lethality and other
dangers of synthetic opioids.
``(b) Topics.--The education and awareness campaign under
subsection (a) shall address--
``(1) the dangers of using drugs which may be contaminated
with fentanyl or other synthetic opioids;
``(2) the prevention of substance use disorder and use of
prescription drugs other than as prescribed, including through
safe disposal of prescription medications and other safety
precautions; and
``(3) the detection of early warning signs of substance use
disorder and addiction in school-aged children and youth.
``(c) Other Requirements.--The education and awareness campaign
under subsection (a) shall, as appropriate, take into account any
association between the use of prescription drugs other than as
prescribed and the use of drugs that can be contaminated by fentanyl or
other opioids, including heroin.
``(d) Drug Defined.--In this section, the term `drug' means--
``(1) an illicit drug, such as marijuana, hashish, cocaine
(including crack cocaine), inhalants, hallucinogens, heroin, a
synthetic opioid, methamphetamine or other stimulant;
``(2) a counterfeit prescription drug; or
``(3) a prescription drug that is sold illegally.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 2024 through 2028 such sums as may be
necessary to carry out this section.''.
SEC. 3. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF
DRUGS.
Title I of the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198), as amended by section 2(b), is further amended by
inserting after section 102A the following:
``SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION
OF DRUGS.
``(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the `Secretary') shall establish the
Federal Interagency Work Group on Fentanyl Contamination of Drugs
(referred to in this section as the `Work Group').
``(b) Membership; Consultation.--
``(1) Composition.--Not later than 120 days after the date
of enactment of Bruce's Law, the heads of the Office of
National Drug Control Policy, the Substance Abuse and Mental
Health Services Administration, the Administration for Children
and Families, the Centers for Disease Control and Prevention,
the Department of Justice, the Drug Enforcement Administration,
the Department of State, the Department of Education, and other
Federal agencies (as determined by the Secretary) shall
designate representatives of the respective agency or office to
the Work Group.
``(2) Consultation.--The Work Group shall consult with--
``(A) experts at the State, Tribal, and local
levels with relevant backgrounds in reducing,
preventing, and responding to drug overdose by fentanyl
contamination of drugs;
``(B) individuals in recovery from use of fentanyl
other than as prescribed or use of other synthetic
opioids;
``(C) family members of adults who have overdosed
by fentanyl-contaminated drugs;
``(D) family members of school-aged children and
youth who have overdosed by fentanyl-contaminated
drugs;
``(E) researchers and other experts in the design
and implementation of effective drug-related messaging
and prevention campaigns; and
``(F) technology companies.
``(c) Duties.--The Work Group shall--
``(1) examine all Federal efforts directed towards reducing
and preventing drug overdose by fentanyl- or other synthetic
opioid-contaminated drugs;
``(2) identify strategies, resources, and supports to
improve State, Tribal, and local responses to overdose by
fentanyl- or other synthetic opioid-contaminated drugs;
``(3) make recommendations to Congress for improving
Federal programs and efforts and coordination across such
programs and efforts to reduce and prevent drug overdose by
fentanyl- or other synthetic opioid-contaminated drugs; and
``(4) make recommendations for educating youth on the
dangers of drugs contaminated by fentanyl or other synthetic
opioids.
``(d) Annual Report to Secretary.--The Work Group shall annually
prepare and submit to the Secretary, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee on
Education and the Workforce and the Committee on Energy and Commerce of
the House of Representatives, a report on the activities carried out by
the Work Group under subsection (c), including recommendations to
reduce and prevent drug overdose by fentanyl or other synthetic opioid
contamination of drugs, in all populations, and specifically among
youth at risk for substance use disorder and use of drugs other than as
prescribed.''.
SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL
DRUG CRISES.
Section 103(i) of the Comprehensive Addiction and Recovery Act of
2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021''
and inserting ``2024 through 2028''.
SEC. 5. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH
ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER
SYNTHETIC OPIOIDS.
Title I of the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114-198) is amended by inserting after section 103 (21
U.S.C. 1536) the following:
``SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE
YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR
OTHER SYNTHETIC OPIOIDS.
``(a) Program Authorized.--The Director of the Office of National
Drug Control Policy (referred to in this section as the `Director'), in
coordination with the Director of the Centers for Disease Control and
Prevention, may make grants to eligible entities to implement education
of the public on the dangers of contamination of drugs with fentanyl or
other synthetic opioids.
``(b) Application.--
``(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Director at
such time, in such manner, and accompanied by such information
as the Director may require.
``(2) Criteria.--As part of an application for a grant
under this section, the Director shall require an eligible
entity to submit a detailed, comprehensive, multisector plan
for addressing the implementation of an evidence-based public
education campaign on the dangers of drugs contaminated with
fentanyl or other synthetic opioids, with a specific
consideration given to education focused on youth at increased
risk for developing a substance use disorder.
``(3) Eligible entities.--For purposes of this section, the
term `eligible entity' means an entity that--
``(A) has documented, using local data, rates of
drug overdose related to fentanyl or other synthetic
opioids at levels that are significant, as determined
by the Director; and
``(B) has received a grant under the Drug-Free
Communities Act of 1997.
``(c) Use of Funds.--An eligible entity shall use a grant received
under this section--
``(1) for programs designed to implement comprehensive
community-wide prevention strategies to address the dangers of
drugs contaminated with fentanyl or other synthetic opioids, in
the area served by the eligible entity, in accordance with the
plan submitted under subsection (b)(2);
``(2) to obtain specialized training and technical
assistance from the organization funded under section 4 of
Public Law 107-82 (21 U.S.C. 1521 note); and
``(3) for programs designed to implement comprehensive
community-wide strategies to address the dangers of drugs
contaminated with fentanyl or other synthetic opioids in the
community.
``(d) Supplement Not Supplant.--An eligible entity shall use
Federal funds received under this section only to supplement the funds
that would, in the absence of those Federal funds, be made available
from other Federal and non-Federal sources for the activities described
in this section, and not to supplant those funds.
``(e) Evaluation.--A grant under this section shall be subject to
the same evaluation requirements and procedures as the evaluation
requirements and procedures imposed on the recipient of a grant under
the Drug-Free Communities Act of 1997, and shall also include an
evaluation of the effectiveness at reducing the use of illicit fentanyl
or other synthetic opioids.
``(f) Limitation on Administrative Expenses.--Not more than 12
percent of the amounts made available to carry out this section for a
fiscal year may be used to pay for administrative expenses.
``(g) Delegation Authority.--The Director may enter into an
interagency agreement with the Director of the Centers for Disease
Control and Prevention to delegate authority for the execution of
grants and for such other activities, as the Director determines
necessary to carry out this section.
``(h) Definition.--In this section, the term `drug' has the meaning
given such term in section 102A.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2024 through 2028.''.
<all>
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118HR2868 | Association Health Plans Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2868 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2868
To amend the Employee Retirement Income Security Act of 1974 to clarify
the treatment of certain association health plans as employers, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Mr. Walberg (for himself, Ms. Foxx, Mr. Good of Virginia, Mr. Allen,
Mr. Crenshaw, and Mr. Burgess) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Employee Retirement Income Security Act of 1974 to clarify
the treatment of certain association health plans as employers, 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 ``Association Health Plans Act''.
SEC. 2. TREATMENT OF GROUP OR ASSOCIATION OF EMPLOYERS.
(a) In General.--Section 3(5) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(5)) is amended--
(1) by striking ``The term'' and inserting ``(A) The
term''; and
(2) by adding at the end the following:
``(B) For purposes of subparagraph (A), a group or association of
employers shall be treated as an `employer', regardless of whether the
employers composing such group or association are in the same industry,
trade, or profession, if such group or association--
``(i)(I) has established and maintains an employee welfare
benefit plan that is a group health plan (as defined in section
733(a)(1));
``(II) provides coverage under such plan to at least 51
employees after all of the employees employed by all of the
employer members of such group or association have been
aggregated and counted together as described in subparagraph
(D);
``(III) has been actively in existence for at least 2
years;
``(IV) has been formed and maintained in good faith for
purposes other than providing medical care (as defined in
section 733(a)(2)) through the purchase of insurance or
otherwise;
``(V) does not condition membership in the group or
association on any health status-related factor (as described
in section 702(a)(1)) relating to any individual;
``(VI) makes coverage under such plan available to all
employer members of such group or association regardless of any
health status-related factor (as described in section
702(a)(1)) relating to such employer members;
``(VII) does not provide coverage under such plan to any
individual other than an employee of an employer member of such
group or association;
``(VIII) has established a governing board with by-laws or
other similar indications of formality to manage and operate
such plan in both form and substance, of which at least 75
percent of the board members shall be made up of employer
members of such group or association participating in the plan
that are duly elected by each participating employer member
casting 1 vote during a scheduled election; and
``(IX) is not a health insurance issuer (as defined in
section 733(b)(2)), and is not owned or controlled by such a
health insurance issuer or by a subsidiary or affiliate of such
a health insurance issuer, other than to the extent such a
health insurance issuer--
``(aa) may participate in the group or association
as a member; and
``(bb) may provide services such as assistance with
plan development, marketing, and administrative
services to such group or association;
``(ii) meets any set of criteria to qualify for such
treatment in an advisory opinion issued by the Secretary prior
to the date of enactment of the Association Health Plans Act;
or
``(iii) meets any other set of criteria to qualify for such
treatment that the Secretary by regulation may provide.
``(C)(i) For purposes of subparagraph (B), a self-employed
individual shall be treated as--
``(I) an employer who may become a member of a group or
association of employers;
``(II) an employee who may participate in an employee
welfare benefit plan established and maintained by such group
or association; and
``(III) a participant of such plan subject to the
eligibility determination and monitoring requirements set forth
in clause (iii).
``(ii) For purposes of this subparagraph, the term `self-employed
individual' means an individual who--
``(I) does not have any common law employees;
``(II) has an ownership right in a trade or business,
regardless of whether such trade or business is incorporated or
unincorporated;
``(III) earns wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986) or self-employment income (as
defined in section 1402(b) of such Code) from such trade or
business; and
``(IV) works at least 10 hours per week or 40 hours per
month providing personal services to such trade or business.
``(iii) The board of a group or association of employers shall--
``(I) initially determine whether an individual meets the
requirements under clause (ii) to be considered a self-employed
individual for the purposes of being treated as an--
``(aa) employer member of such group or association
(in accordance with clause (i)(I)); and
``(bb) employee who may participate in the employee
welfare benefit plan established and maintained by such
group or association (in accordance with clause
(i)(II));
``(II) through reasonable monitoring procedures,
periodically determine whether the individual continues to meet
such requirements; and
``(III) if the board determines that an individual no
longer meets such requirements, not make such plan coverage
available to such individual (or dependents thereof) for any
plan year following the plan year during which the board makes
such determination. If, subsequent to a determination that an
individual no longer meets such requirements, such individual
furnishes evidence of satisfying such requirements, such
individual (and dependents thereof) shall be eligible to
receive plan coverage.
``(D) For purposes of subparagraph (B), all of the employees
(including self-employed individuals) employed by all of the employer
members (including self-employed individuals) of a group or association
of employers shall be--
``(i) treated as employed by a single employer; and
``(ii) aggregated and counted together for purposes of any
regulation of an employee welfare benefit plan established and
maintained by such group or association.''.
(b) Determination of Employer or Joint Employer Status.--The
provision of employee welfare benefit plan coverage by a group or
association of employers shall not be construed as evidence for
establishing an employer or joint employer relationship under any
Federal or State law.
SEC. 3. RULES APPLICABLE TO EMPLOYEE WELFARE BENEFIT PLANS ESTABLISHED
AND MAINTAINED BY A GROUP OR ASSOCIATION OF EMPLOYERS.
Part 7 of subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181, et seq.) is amended by adding at
the end the following:
``SEC. 736. RULES APPLICABLE TO EMPLOYEE WELFARE BENEFIT PLANS
ESTABLISHED AND MAINTAINED BY A GROUP OR ASSOCIATION OF
EMPLOYERS.
``(a) Premium Rates for a Group or Association of Employers.--
``(1)(A) In the case of an employee welfare benefit plan
established and maintained by a group or association of
employers described in section 3(5)(B), such plan may--
``(i) establish base premium rates formed on an
actuarially sound, modified community rating
methodology that considers the pooling of all plan
participant claims; and
``(ii) utilize the specific risk profile of each
employer member of such group or association to
determine contribution rates for each such employer
member's share of a premium by actuarially adjusting
above or below the established base premium rates.
``(B) For purposes of paragraph (1), the term `employer
member' means--
``(i) an employer who is a member of such group or
association of employers and employs at least 1 common
law employee; or
``(ii) a group made up solely of self-employed
individuals, within which all of the self-employed
individual members of such group or association are
aggregated together as a single employer member group,
provided the group includes at least 20 self-employed
individual members.
``(2) In the event a group or association is made up solely
of self-employed individuals (and no employers with at least 1
common law employee are members of such group or association),
the employee welfare benefit plan established by such group or
association shall--
``(A) treat all self-employed individuals who are
members of such group or association as a single risk
pool;
``(B) pool all plan participant claims; and
``(C) charge each plan participant the same premium
rate.
``(b) Discrimination and Pre-Existing Condition Protections.--An
employee welfare benefit plan established and maintained by a group or
association of employers described in section 3(5)(B) shall be
prohibited from--
``(1) establishing any rule for eligibility (including
continued eligibility) of any individual (including an employee
of an employer member or a self-employed individual, or a
dependent of such employee or self-employed individual) to
enroll for benefits under the terms of the plan that
discriminates based on any health status-related factor that
relates to such individual (consistent with the rules under
section 702(a)(1));
``(2) requiring an individual (including an employee of an
employer member or a self-employed individual, or a dependent
of such employee or self-employed individual), as a condition
of enrollment or continued enrollment under the plan, to pay a
premium or contribution that is greater than the premium or
contribution for a similarly situated individual enrolled in
the plan based on any health status-related factor that relates
to such individual (consistent with the rules under section
702(b)(1)); and
``(3) denying coverage under such plan on the basis of a
pre-existing condition (consistent with the rules under section
2704 of the Public Health Service Act).''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to exempt a group health
plan which is an employee welfare benefit plan offered through a group
or association of employers from the requirements of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1181 et seq.), including the provisions of part A of title XXVII
of the Public Health Service Act as incorporated by reference into this
Act through section 715.
<all>
</pre></body></html>
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118HR2869 | School Shooting Safety and Preparedness Act | [
[
"W000797",
"Rep. Wasserman Schultz, Debbie [D-FL-25]",
"sponsor"
],
[
"H001081",
"Rep. Hayes, Jahana [D-CT-5]",
"cosponsor"
],
[
"M001208",
"Rep. McBath, Lucy [D-GA-7]",
"cosponsor"
]
] | <p><b>School Shooting Safety and Preparedness Act</b></p> <p>This bill requires the Department of Education (ED) to publish an annual report on indicators of school crime and safety.</p> <p>The report must collect specified information, including </p> <ul> <li> the number of school shootings that have taken place nationwide and the number of those that were mass shootings;</li> <li>the number of people killed or injured in each school shooting;</li> <li>the age, gender, race, ethnicity, and nationality of each victim; </li> <li>the motivation of the shooter;</li> <li> how the shooting was stopped; </li> <li>the number and type of firearms and ammunition used in each shooting; and</li> <li>the response time of law enforcement.</li> </ul> <p>ED must direct the National Center for Education Statistics to collect and publish specified data on school shootings.</p> <p> The center must collect information on the existence or absence of specified measures at the time of the shooting, including physical and other types of security measures, a communication plan with local law enforcement, a response plan that includes coordination with local agencies, an active shooter response plan, and a trauma response plan.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2869 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2869
To require the Secretary of Education, in consultation with the
Attorney General and the Secretary of Health and Human Services, to
publish an annual report on indicators of school crime and safety that
includes data on school shootings, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2023
Ms. Wasserman Schultz (for herself, Mrs. Hayes, and Mrs. McBath)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To require the Secretary of Education, in consultation with the
Attorney General and the Secretary of Health and Human Services, to
publish an annual report on indicators of school crime and safety that
includes data on school shootings, 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 Shooting Safety and
Preparedness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Title 18 definitions.--The terms ``firearm'' and
``ammunition'' have the meanings given such terms in section
921 of title 18, United States Code. The term ``large capacity
ammunition feeding device'' has the meaning given such term in
section 921 of title 18, Unites States Code, as in effect on
September 1, 2004.
(2) Mass shooting.--The term ``mass shooting'' means a
shooting during which three or more individuals, not including
the shooter, were injured or killed in one location or in
multiple locations in close proximity.
(3) School.--The term ``school'' means--
(A) an early childhood education program (as
defined in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003));
(B) an elementary school (as defined in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
(C) a secondary school (as defined in section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)); and
(D) an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)).
(4) School shooting.--The term ``school shooting'' means an
event or occurrence--
(A) during which one or more individuals were
injured or killed by a firearm; and
(B) that occurred--
(i) in, or on the grounds of, a school,
even if before or after school hours;
(ii) while the victim was traveling to or
from a regular session at school; or
(iii) while the victim was attending or
traveling to or from an official school
sponsored event.
SEC. 3. ANNUAL REPORT ON INDICATORS OF SCHOOL CRIME AND SAFETY.
(a) In General.--The Secretary of Education, in consultation with
the Attorney General and the Secretary of Health and Human Services,
shall publish not less frequently than on an annual basis a report on
indicators of school crime and safety. Such report shall be produced by
the National Center for Education Statistics of the Department of
Education in consultation with the Bureau of Justice Statistics of the
Department of Justice. Such report shall include, at a minimum, an
updated version of the information provided in the National Center for
Education Statistics report NCES 2022-144 issued in May 2022, and the
data described in subsections (b) and (d).
(b) Statistics on School Shootings.--In collecting data on school
shootings to be compiled in the annual report described in subsection
(a), the National Center for Education Statistics shall collect at a
minimum the following data annually:
(1) The number of school shootings that have taken place
nationwide.
(2) Of the school shootings described in paragraph (1), the
number that were mass shootings.
(3) Of the school shootings described in paragraph (1), the
number that were suicides.
(4) Of the school shootings described in paragraph (1), the
number that were accidents.
(5) The number of people killed in each school shooting,
including--
(A) the number of people whose cause of death was
attributable to wound by firearm; and
(B) the number of people having some other cause of
death.
(6) The number of people injured in each school shooting,
including--
(A) the number of people wounded by firearm; and
(B) the number of people injured in some other
manner.
(7) The time of the shooting and whether it occurred during
school hours.
(8) The demographics of each school, including--
(A) the locale code of the school, as determined by
the Secretary of Education; and
(B) student demographic data disaggregated by--
(i) economically disadvantaged students as
compared to students who are not economically
disadvantaged;
(ii) each major racial and ethnic group;
(iii) children with disabilities as
compared to children without disabilities; and
(iv) English proficiency status.
(9) The personal characteristics of each victim in the
shooting, including, at a minimum, the victim's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity; and
(E) nationality.
(10) The personal characteristics of the shooter,
including, at a minimum the shooter's--
(A) age;
(B) gender;
(C) race;
(D) ethnicity;
(E) nationality; and
(F) relationship to the school.
(11) Whether the shooting was determined to be an accident,
and if not, the motivation of the shooter, including any real
or perceived bias based on race, religion, ethnicity,
nationality, or sex (including sexual orientation or gender
identity).
(12) How the shooting was stopped, including--
(A) whether the shooter was injured or killed, and
if so, by whom; and
(B) if not, what was the other outcome of the
incident (such as escape, arrest, or suicide).
(13) The number and type of firearms and ammunition that
were used in each shooting, including--
(A) the make and model of the firearm;
(B) the manufacturer of the firearm;
(C) the make and model of the ammunition;
(D) the manufacturer of the ammunition;
(E) whether a large capacity ammunition feeding
device was present at the scene or used during the
shooting; and
(F) the number of rounds of ammunition fired by the
shooter over the course of the shooting.
(14) Where each of the firearms used in each shooting was
obtained and how, including--
(A) whether the firearm was registered where
required;
(B) whether the firearm was purchased from a
licensed gun dealer or an unlicensed sale; and
(C) the geographic location from where the shooter
obtained the firearm.
(15) If the original purchaser was not the shooter, what
was, if any, the original purchaser's relationship to the
shooter.
(16) If the original purchaser was not the shooter and the
firearm was obtained from the shooter's home, the gun storage
practices being used in the home, and whether the gun owner was
charged with failing to properly secure his or her firearm.
(17) Whether the school had one or more teachers, as that
term is defined in section 8553 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7943), who were armed, and if
so, whether such armed teacher or teachers stopped the incident
by shooting the shooter.
(18) How long did the shooting last (the approximate
elapsed time between the first and last shots fired).
(19) What was the response time of law enforcement.
(c) Historic Statistics on School Shootings.--The Secretary of
Education shall direct the National Center for Education Statistics--
(1) to collect, to the extent practicable, the data
required in subsection (b) for shootings that occurred before
the date of the enactment of this Act; and
(2) to publish such data as revisions to the most
applicable annual reports on indicators of school crime and
safety issued by the National Center for Education Statistics
before the date of the enactment of this Act.
(d) Safety and Prevention.--In collecting data on school shootings
to be compiled in the annual report described in subsection (a), the
National Center for Education Statistics shall collect, at a minimum,
information on the existence or absence of the following measures at
the time of the shooting at schools where a school shooting occurred in
the previous year:
(1) Physical security measures, including--
(A) building envelopes and interiors designed to
protect occupants from human threats; and
(B) other physical security measures designed to
avert and restrict violence.
(2) Other types of security measures, including measures
designed to preserve open learning environments that positively
influence student behavior.
(3) A communication plan with local law enforcement.
(4) A response plan that includes coordination with local
agencies (law enforcement, fire department, hospitals, etc.).
(5) An active shooter response plan (including the use of
an alert system to notify students, faculty, and parents or
guardians).
(6) A trauma response plan to address trauma resulting from
the shooting, including coordination with school-based
counselors, other school mental health professionals, and
appropriate community partners and organizations, such as
community action programs or agencies.
(7) Any other similar type of safety or prevention measure
in place at the time of the school shooting.
(e) Rule of Construction.--In collecting data on school shootings
to be compiled in the annual report described in subsection (a), any
data disaggregation required by subsection (b) shall not be required in
the case where such disaggregation would reveal personally identifiable
information about any individual.
<all>
</pre></body></html>
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118HR287 | CRT Transparency Act | [
[
"F000471",
"Rep. Fitzgerald, Scott [R-WI-5]",
"sponsor"
],
[
"F000450",
"Rep. Foxx, Virginia [R-NC-5]",
"cosponsor"
],
[
"D000615",
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"cosponsor"
],
[
"W000823",
"Rep. Waltz, Michael [R-FL-6]",
"cosponsor"
],
[
"P00059... | <p><strong>Curriculum Review of Teachings Transparency Act or the CRT Transparency Act</strong></p> <p>This bill requires a local educational agency, in order to receive certain federal education grants, to post on a publicly accessible website the curriculum for each grade level of its elementary and secondary schools.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 287 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 287
To amend the Elementary and Secondary Education Act of 1965 to ensure
that local educational agencies applying for certain Federal education
funds post the curriculum for elementary and secondary schools online,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Fitzgerald (for himself, Ms. Foxx, Mr. Duncan, Mr. Waltz, Mr.
Posey, Mr. Tiffany, Mr. Gimenez, Mr. Issa, Mr. Guest, Mr. Bishop of
North Carolina, Mr. Steil, Mr. Carey, Mr. Clyde, Ms. Salazar, Mr. Bost,
Mr. Perry, Mr. Smith of New Jersey, Mr. Jackson of Texas, Mr. Hunt, and
Mr. Gaetz) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to ensure
that local educational agencies applying for certain Federal education
funds post the curriculum for elementary and secondary schools online,
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 ``Curriculum Review of Teachings
Transparency Act'' or the ``CRT Transparency Act''.
SEC. 2. STATE AND LOCAL EDUCATIONAL AGENCY PLANS.
(a) Assurances From States.--Section 1111(g)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amended--
(1) in subparagraph (M), by striking ``and'' at the end;
(2) in subparagraph (N), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(O) the State will ensure that each local
educational agency in the State posts the curriculum
for each elementary school and secondary school grade
level on a publicly accessible website of the
agency.''.
(b) Assurances From Local Educational Agencies.--Section 1112(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(c))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) post the curriculum for each elementary school and
secondary school grade level on a publicly accessible website
of the agency.''.
<all>
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118HR2870 | Raise the Age Act of 2023 | [
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"B001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2870 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2870
To amend title 18, United States Code, to prohibit a Federal firearms
licensee from selling or delivering certain semiautomatic centerfire
rifles or semiautomatic centerfire shotguns to a person under 21 years
of age, with exceptions for active duty military personnel and full-
time law enforcement officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Ivey (for himself, Ms. Adams, Mr. Auchincloss, Mr. Blumenauer, Ms.
Blunt Rochester, Ms. Bonamici, Mr. Boyle of Pennsylvania, Ms. Brown,
Ms. Castor of Florida, Mr. Cleaver, Mr. Crow, Mr. Correa, Mr. Davis of
Illinois, Ms. Dean of Pennsylvania, Ms. DeGette, Mr. DeSaulnier, Mr.
Evans, Mr. Green of Texas, Mr. Higgins of New York, Ms. Norton, Ms.
Jackson Lee, Mr. Kildee, Ms. Lee of California, Ms. Lee of
Pennsylvania, Ms. Matsui, Mr. Mfume, Mr. Morelle, Mr. Payne, Mr. Pocan,
Mr. Quigley, Ms. Salinas, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky,
Mr. Schiff, Mr. David Scott of Georgia, Ms. Titus, Ms. Tlaib, Mr.
Trone, Ms. Velazquez, Mrs. Watson Coleman, Ms. Wilson of Florida, Mr.
Casten, Mr. Robert Garcia of California, Ms. Porter, Mr. Allred, Mr.
Moskowitz, Ms. Crockett, Mrs. Foushee, Ms. DelBene, Ms. Tokuda, Mr.
Raskin, Mr. Peters, Mr. Johnson of Georgia, Ms. Stevens, Mr. Costa, Ms.
Balint, Ms. Pettersen, Mr. Pallone, Ms. Chu, Ms. Meng, and Ms.
Kamlager-Dove) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit a Federal firearms
licensee from selling or delivering certain semiautomatic centerfire
rifles or semiautomatic centerfire shotguns to a person under 21 years
of age, with exceptions for active duty military personnel and full-
time law enforcement officers, 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 ``Raise the Age Act of 2023''.
SEC. 2. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR DELIVERING
CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES OR SEMIAUTOMATIC
CENTERFIRE SHOTGUNS TO A PERSON UNDER 21 YEARS OF AGE,
WITH EXCEPTIONS.
(a) In General.--Section 922(b)(1) of title 18, United States Code,
is amended to read as follows:
``(1)(A) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe has not
attained 18 years of age;
``(B) any semiautomatic centerfire rifle or semiautomatic
centerfire shotgun that has, or has the capacity to accept, an
ammunition feeding device with a capacity exceeding 5 rounds,
to any individual who the licensee knows or has reasonable
cause to believe has not attained 21 years of age and is not a
qualified individual; or
``(C) if the firearm or ammunition is not a semiautomatic
centerfire rifle or semiautomatic centerfire shotgun described
in subparagraph (B) and is other than a shotgun or rifle, or
ammunition for a shotgun or rifle, to any individual who the
licensee knows or has reasonable cause to believe has not
attained 21 years of age;''.
(b) Conforming Amendment.--Section 922(c)(1) of such title is
amended by striking ``in the case of any firearm'' and all that follows
through ``eighteen years or more of age'' and inserting ``(1) in the
case of a semiautomatic centerfire rifle or semiautomatic centerfire
shotgun that has, or has the capacity to accept, an ammunition feeding
device with a capacity exceeding 5 rounds, I am at least 21 years of
age or a qualified individual (as defined in section 921(a)(30) of
title 18, United States Code), (2) in the case of a firearm other than
a shotgun, a rifle, or such a semiautomatic centerfire rifle or
semiautomatic centerfire shotgun, I am at least 21 years of age, or (3)
in the case of any other shotgun or rifle, I am at least 18 years of
age.''.
(c) Qualified Individual Defined.--Section 921(a) of such title is
amended by adding at the end the following:
``(38) The term `qualified individual' means--
``(A) a member of the Armed Forces on active duty; and
``(B) a full-time employee of the United States, a State,
or a political subdivision of a State who in the course of his
or her official duties is authorized to carry a firearm.
``(39) The term `ammunition feeding device' means a magazine, belt,
drum, feed strip, or similar device, but does not include an attached
tubular device which is only capable of operating with .22 caliber
rimfire ammunition.''.
SEC. 3. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC
ACCESS LINE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigation (in
this section referred to as the ``FBI'') shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report regarding operation of the FBI's
public access line.
(b) Matters Included.--The report required by subsection (a) shall,
at a minimum, include the following:
(1) A description of the protocols and procedures in effect
with respect to information-sharing between the public access
line and the field offices of the FBI.
(2) Recommendations for improving the protocols and
procedures to improve the information-sharing.
<all>
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118HR2871 | Performing Artist Tax Parity Act of 2023 | [
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"... | <p><b>Performing Artist Tax Parity Act of 2023</b></p> <p>This bill modifies the above-the-line tax deduction for the expenses of performing artists (including commissions paid to managers or agents) to provide for a phaseout of such deduction for taxpayers whose adjusted gross income exceeds $100,000 ($200,000 for joint return filers). The $100,000 phaseout threshold is adjusted for inflation annually for taxable years beginning after 2023.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2871 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2871
To amend the Internal Revenue Code of 1986 to increase the adjusted
gross income limitation for above-the-line deduction of expenses of
performing artist employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Buchanan (for himself and Ms. Chu) introduced the following bill;
which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to increase the adjusted
gross income limitation for above-the-line deduction of expenses of
performing artist employees, 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 ``Performing Artist Tax Parity Act of
2023''.
SEC. 2. ABOVE-THE-LINE DEDUCTION OF EXPENSES OF PERFORMING ARTISTS.
(a) In General.--Section 62(a)(2)(B) of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``performing artists.--The deductions'' and
inserting the following: ``performing artists.--
``(i) In general.--The deductions'', and
(2) by adding at the end the following new clauses:
``(ii) Phaseout.--The amount of expenses
taken into account under clause (i) shall be
reduced (but not below zero) by 10 percentage
points for each $2,000 ($4,000 in the case of a
joint return), or fraction thereof, by which
the taxpayer's gross income for the taxable
year exceeds $100,000 (200 percent of such
amount in the case of a joint return).
``(iii) Cost-of-living adjustment.--In the
case of any taxable year beginning in a
calendar year after 2023, the $100,000 amount
under clause (ii) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2022' for
`calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount after adjustment under the
preceding sentence is not a multiple of $1,000,
such amount shall be rounded to the nearest
multiple of $1,000.''.
(b) Clarification Regarding Commission Paid to Performing Artist's
Manager or Agent.--Section 62(a)(2)(B)(i) of such Code, as amended by
subsection (a), is amended by inserting before the period at the end
the following: ``, including any commission paid to the performing
artist's manager or agent''.
(c) Increase in Threshold for Determining Nominal Employers.--
Section 62(b)(2) of such Code is amended--
(1) by striking ``An individual'' and inserting the
following:
``(A) In general.--An individual'';
(2) by striking ``$200'' and inserting ``$500'', and
(3) by adding at the end the following new subparagraph:
``(B) Cost-of-living adjustment.--In the case of
any taxable year beginning in a calendar year after
2023, the $500 amount under subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph
(A)(ii) thereof.
If any amount after adjustment under the preceding
sentence is not a multiple of $50, such amount shall be
rounded to the nearest multiple of $50.''.
(d) Conforming Amendments.--
(1) Section 62(a)(2)(B)(i) of such Code, as amended by the
preceding provisions of this Act, is amended by striking ``by
him'' and inserting ``by the performing artist''.
(2) Section 62(b)(1) of such Code is amended by inserting
``and'' at the end of subparagraph (A), by striking ``, and''
at the end of subparagraph (B) and inserting a period, and by
striking subparagraph (C).
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
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118HR2872 | To amend the Permanent Electronic Duck Stamp Act of 2013 to allow States to issue electronic stamps under such Act, and for other purposes. | [
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2872
To amend the Permanent Electronic Duck Stamp Act of 2013 to allow
States to issue electronic stamps under such Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Graves of Louisiana (for himself and Mr. Thompson of California)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the Permanent Electronic Duck Stamp Act of 2013 to allow
States to issue electronic stamps under such 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. AUTHORIZING FULLY ELECTRONIC STAMPS.
(a) In General.--Section 5 of the Permanent Electronic Duck Stamp
Act of 2013 (16 U.S.C. 718r) is amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Actual Stamp''
and inserting ``Electronic Stamp'';
(B) by striking ``actual stamp'' and inserting
``electronic stamp''; and
(C) by amending paragraph (1) to read as follows:
``(1) upon the date of purchase; and'';
(2) in subsection (c), by inserting ``under subsection
(e)'' before the period at the end; and
(3) by redesignating subsection (e) as subsection (f) and
inserting after subsection (d) the following new subsection:
``(e) Delivery of Actual Stamps.--A State shall issue an actual
stamp after March 10 of each year to each individual that purchased an
electronic stamp from such State during the 1-year period preceding
such date.''.
(b) Stamp Valid Through Close of Hunting Season.--Section 6 of the
Permanent Electronic Duck Stamp Act of 2013 (16 U.S.C. 718s(c)) is
amended--
(1) in subsection (b), by striking ``shall, during the
effective period of the electronic stamp--'' and inserting
``shall--''; and
(2) in subsection (c), by striking ``for a period agreed to
by the State and the Secretary, which shall not exceed 45
days'' and inserting ``until the first June 30 that occurs
after the date of issuance of such stamp''.
(c) Electronic Stamps as Permit.--Section 1(a)(1) of the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a(a)(1)) is
amended--
(1) by inserting ``as an electronic stamp or'' after
``Conservation Stamp,''; and
(2) by inserting ``actual'' after ``face of the''.
(d) Contents of Electronic Stamp.--Section 2(3) of the Permanent
Electronic Duck Stamp Act of 2013 (16 U.S.C. 718o(3)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) may contain an image of the actual stamp.''.
<all>
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118HR2873 | Tribal Gaming Regulatory Compliance Act | [
[
"L000603",
"Rep. Luttrell, Morgan [R-TX-8]",
"sponsor"
],
[
"B001291",
"Rep. Babin, Brian [R-TX-36]",
"cosponsor"
],
[
"E000299",
"Rep. Escobar, Veronica [D-TX-16]",
"cosponsor"
],
[
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],
[
"V... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2873 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2873
To ensure all federally recognized Tribes that are eligible for gaming
in the United States are regulated under the Indian Gaming Regulatory
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Luttrell (for himself, Mr. Babin, Ms. Escobar, Mr. Edwards, Mr.
Veasey, Ms. Stansbury, and Mr. LaMalfa) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To ensure all federally recognized Tribes that are eligible for gaming
in the United States are regulated under the Indian Gaming Regulatory
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 ``Tribal Gaming Regulatory Compliance
Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In 1987, the United States Supreme Court ruled in
California v. Cabazon Band of Mission Indians that if
California regulated rather than prohibited gaming in the
State, then a Tribe could offer similar forms of gaming on its
land.
(2) In response to the Cabazon decision, the Indian Gaming
Regulatory Act (Public Law 100-497) was enacted, which has
since supported and promoted Tribal economic development and
self-sufficiency, and continues to provide a regulatory
structure for gaming on Tribal lands.
(3) Over 200 Tribes in 28 States are currently regulated
under the Indian Gaming Regulatory Act.
(4) On June 15, 2022, the United States Supreme Court ruled
that the Ysleta del Sur Pueblo and Alabama and Coushatta Indian
Tribes of Texas Restoration Act (Public Law 100-89; 101 Stat.
666) allows the Ysleta del Sur Pueblo and the Alabama-Coushatta
Tribe to offer gaming activities on Tribal lands that are not
fully prohibited by Texas law and without regard to any Texas
regulations over such gaming activities.
(5) The Ysleta del Sur Pueblo and the Alabama-Coushatta
Tribe are currently the only Tribes in the United States that
are eligible to game on Tribal lands, but not regulated under
the Indian Gaming Regulatory Act.
SEC. 3. AMENDMENT.
The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes
of Texas Restoration Act (Public Law 100-89; 101 Stat. 666 et seq.) is
amended--
(1) by inserting after section 2, the following:
``SEC. 3. RULE OF CONSTRUCTION.
``This Act shall be construed to ensure the full applicability of
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) to gaming
activities on Indian lands of the Ysleta del Sur Pueblo and Indian
lands of the Alabama-Coushatta Tribe.'';
(2) by striking section 107; and
(3) by striking section 207.
<all>
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118HR2874 | Flight Education Access Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2874 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2874
To amend the Higher Education Act of 1965 to increase the Federal
student loan limits for students in flight education and training
programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Allred (for himself, Mr. Cohen, and Mrs. Chavez-DeRemer) 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 increase the Federal
student loan limits for students in flight education and training
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 ``Flight Education Access Act''.
SEC. 2. INCREASE IN FEDERAL STUDENT LOAN LIMITS FOR STUDENTS IN FLIGHT
EDUCATION AND TRAINING PROGRAMS.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)
is amended--
(1) in subsection (p)--
(A) by striking ``Each institution'' and inserting
the following:
``(1) In general.--Each institution'';
(B) in paragraph (1) (as designated by subparagraph
(A)), by inserting before the period at the end the
following: ``and, shall, with respect to Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans made after the date of enactment of the Flight
Education Access Act to an eligible student (as defined
in subsection (r)), comply with the requirements of
paragraph (2)''; and
(C) by adding at the end the following:
``(2) Additional disclosures.--At or prior to the
disbursement of a Federal Direct Stafford Loan or Federal
Direct Unsubsidized Stafford Loan after the date of enactment
of the Flight Education Access Act to an eligible student (as
defined in subsection (r)), the following shall be disclosed:
``(A) The principal amount of the loan, the stated
interest rate on the loan, the number of required
monthly payments to be made on the loan (which shall be
based on a standard repayment plan), and the estimated
number of months before the start of the repayment
period for the loan (based on the expected date on
which the repayment period is to begin or the deferment
period is to end, as applicable).
``(B) The estimated balance to be owed by the
borrower on such loan (including, if applicable, the
estimated amount of interest to be capitalized) as of
the scheduled date on which the repayment period is to
begin or the deferment period is to end, as applicable,
and an estimate of the projected monthly payment.
``(C) An estimate of the aggregate amount the
borrower will pay for the loan, including the total
amount of monthly payments made over the life of the
loan plus the amount of any charges for the loan, such
as an origination fee.''; and
(2) by adding at the end the following:
``(r) Increase in Loan Limits for Students in Flight Education and
Training Programs.--
``(1) In general.--Notwithstanding any other provision of
this Act, the loan limits for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made after the date
of enactment of the Flight Education Access Act with respect to
eligible students shall be subject to this subsection.
``(2) Definitions.--In this section:
``(A) Eligible student.--The term `eligible
student' means a student who is enrolled in an eligible
undergraduate flight education and training program.
``(B) Eligible undergraduate flight education and
training program.--The term `eligible undergraduate
flight education and training program' means an
undergraduate flight education and training program
that offers training for applicants seeking a
commercial pilot certificate and--
``(i) during the period beginning on the
date of enactment of the Flight Education
Access Act and ending on the date on which 3
years of data has been collected pursuant to
paragraph (3)(D), that meets all the applicable
requirements of this Act; and
``(ii) beginning on the date on which 3
years of data has been collected pursuant to
paragraph (3)(D), that meets all the applicable
requirements of this Act and has a completion
rate averaged over a 3-year period, as
calculated under paragraph (3)(D) that is equal
to or greater than 70 percent.
``(C) Undergraduate flight education and training
program.--The term `undergraduate flight education and
training program'--
``(i) has the meaning given the term by the
Secretary, in consultation with the
Administrator of the Federal Aviation
Administration;
``(ii) shall include a flight education and
training program offered by an eligible
institution that is accredited by an
accrediting agency recognized by the Secretary,
that--
``(I) awards undergraduate
certificates or associate or bachelor
degrees; and
``(II) provides pilot training in
accordance with part 141 of title 14,
Code of Federal Regulations, or any
successor regulation; and
``(iii) shall not include a flight
education and training program certified under
part 61 of title 14, Code of Federal
Regulations, or any successor regulation.
``(3) Loan limits for eligible undergraduate flight
education and training programs.--
``(A) Limits for eligible students who are
dependent students.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Unsubsidized Stafford
Loans an eligible student who is a dependent
student may borrow in any academic year (as
defined in section 481(a)(2)) or its equivalent
shall be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $20,500, if such
student is enrolled in such a
program whose length is at
least one academic year in
length; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $31,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $32,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $22,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Unsubsidized
Stafford Loans an eligible student who is a
dependent student may borrow shall be $111,000.
``(B) Limits for eligible students who are
independent students.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Unsubsidized Stafford
Loans an eligible student who is an independent
student may borrow in any academic year (as
defined in section 481(a)(2)) or its equivalent
shall be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $24,500, if such
student is enrolled in such a
program whose length is at
least one academic year in
length; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $35,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $37,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $27,500; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Unsubsidized
Stafford Loans an eligible student who is an
independent student may borrow shall be
$137,500.
``(C) Limits for eligible students receiving
federal direct stafford loans.--
``(i) Annual limits.--The maximum annual
amount of Federal Direct Stafford Loans an
eligible student may borrow in any academic
year (as defined in section 481(a)(2)) or its
equivalent shall, subject to subsection (q)(1),
be--
``(I) in the case of an eligible
student at an eligible institution who
has not successfully completed the
first year of an eligible undergraduate
flight education and training program--
``(aa) $11,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(II) in the case of an eligible
student at an eligible institution who
has successfully completed the first
year of an eligible undergraduate
flight education and training program
but has not yet successfully completed
the remainder of such program--
``(aa) $18,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year;
``(III) in the case of a student at
an eligible institution who has
successfully completed the first year
and second years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $19,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year; and
``(IV) in the case of a student at
an eligible institution who has
successfully completed the first,
second, and third years of an eligible
undergraduate flight education and
training program but has not yet
successfully completed the remainder of
such program--
``(aa) $13,000; or
``(bb) if such student is
enrolled in such a program that
is less than one academic year,
the maximum annual loan amount
that such student may receive
may not exceed the amount that
bears the same ratio to the
amount specified in item (aa)
as the length of such program
measured in semester,
trimester, quarter, or clock
hours bears to one academic
year.
``(ii) Aggregate limits.--The maximum
aggregate amount of Federal Direct Stafford
Loans an eligible student may borrow shall be
$65,000.
``(D) Data collection on, and calculation of,
completion rates.--
``(i) In general.--The Secretary shall
annually calculate the completion rate of each
undergraduate flight education and training
program at each eligible institution based on
the information collected under clause (ii).
``(ii) Collection of information.--The
Secretary shall annually collect information,
for each academic year, on--
``(I) the total number of students
enrolled in an undergraduate flight
education and training program at an
eligible institution; and
``(II) those students who complete
such program--
``(aa) who earn a private
pilot's certificate for an
airplane category rating with a
single-engine class rating
while enrolled in such program;
or
``(bb) who at the time of
enrollment, possess such a
certificate.
``(iii) Calculation of completion rate.--To
calculate the completion rate described in
clause (i), the Secretary shall--
``(I) consider as having completed,
those students who earn a private
pilot's certificate for an airplane
category rating with a single-engine
class rating, or who at the time of
enrollment possess such a certificate,
and complete the undergraduate flight
education and training program at an
eligible institution--
``(aa) that predominantly
awards associate degrees,
within 200 percent of the
normal time for completion;
``(bb) that predominantly
awards bachelor degrees, within
150 percent of the normal time
for completion; and
``(cc) that predominantly
awards undergraduate
certificates, within 200
percent of the normal time for
completion;
``(II) consider as not having
completed, those students who earn a
private pilot's certificate for an
airplane category rating with a single-
engine class rating, or who at the time
of enrollment possess such a
certificate, and who transfer out of
the undergraduate flight education and
training program to another program at
the eligible institution that is not an
undergraduate flight education and
training program or to a program that
is not an undergraduate flight
education and training program at
another eligible institution; and
``(III) not include in the
calculation, any student who--
``(aa) is a foreign
national;
``(bb) earns a private
pilot's certificate for an
airplane category rating with a
single-engine class rating and
transfers out of the
undergraduate flight education
and training program to another
undergraduate flight education
and training program at a
different eligible institution;
or
``(cc) is enrolled in an
undergraduate flight education
and training program and never
earns a private pilot's
certificate for an airplane
category rating with a single-
engine class rating.
``(E) Reporting requirements.--
``(i) In general.--The Secretary shall
require each undergraduate flight education and
training program that enrolls students who
receive assistance under this part to provide
the data described in this subparagraph that is
necessary for the completion of the reporting
requirements described in this subparagraph.
``(ii) Form of data collection.--The
Secretary shall prescribe the form and format
of the data required to be provided under this
subparagraph and include, at a minimum, the
following data elements:
``(I) Student data elements
necessary to calculate student
enrollment, persistence, retention,
transfer, and completion rates.
``(II) Information disaggregated by
gender, race, ethnicity, and
socioeconomic status.
``(iii) Report to congress.--Not later than
9 months after the date of enactment of the
Flight Education Access Act and biennially
thereafter, the Secretary shall submit a report
to the Committee on Health, Education, Labor,
and Pensions of the Senate, the Committee on
Commerce, Science, and Transportation of the
Senate, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Transportation and
Infrastructure of the House of Representatives,
analyzing and assessing the data collected
pursuant to this subparagraph and conforming to
the requirements of this subparagraph that
shall include the following:
``(I) An assessment of the
effectiveness of the requirements under
this subsection.
``(II) Information on enrollment,
persistence, retention, transfer,
completion, utilization of Federal
financial aid, and unmet financial
need, including information on
applicable institutions.
``(III) Information on the gender,
race, ethnicity, and socioeconomic
status of students enrolled in an
undergraduate flight education and
training program.''.
SEC. 3. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) examine and review the implementation of this Act and
the amendments made by this Act, which review shall include--
(A) the number of participating institutions
offering undergraduate flight education and training
programs (as defined in section 455(r) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(r)), as amended
by this Act);
(B) the number of students enrolled in such
undergraduate flight education and training programs,
and demographic data regarding such students;
(C) the level of such students' participation in
the loan program under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.),
including demographic data as appropriate; and
(D) feedback from participating institutions
regarding the implementation of this Act and the
amendments made by this Act;
(2) develop recommendations to the Department of Education
on any changes that should be made to improve the
implementation of this Act and the amendments made by this Act;
and
(3) prepare and submit a report on the findings and
recommendations under paragraphs (1) and (2) to--
(A) the Committee on Health, Education, Labor, and
Pensions and the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Education and the Workforce
and the Committee on Transportation and Infrastructure
of the House of Representatives.
SEC. 4. FLIGHT EDUCATION PUBLIC-PRIVATE PARTNERSHIP GRANT.
(a) Definitions.--In this section:
(1) Educational partner.--The term ``educational partner''
means--
(A) a local educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(B) a State educational agency (as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(C) an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)) with an eligible undergraduate flight
education and training program or looking to establish
such a program;
(D) the Bureau of Indian Education;
(E) an Alaska Native Corporation;
(F) a nonprofit organization; or
(G) a consortium of at least 2 of the entities
described in subparagraphs (A) through (F).
(2) Eligible partnership.--The term ``eligible
partnership'' means a collaboration between at least 1
workforce partner and at least 1 educational partner.
(3) Eligible undergraduate flight education and training
program.--The term ``eligible undergraduate flight education
and training program'' has the meaning given the term in
section 455(r) Higher Education Act of 1965 (20 U.S.C.
1087e(r)).
(4) High-need local educational agency.--The term ``high-
need local educational agency'' has the meaning given the term
in section 200 of the Higher Education Act of 1965 (20 U.S.C.
1021).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Education.
(7) Workforce partner.--The term ``workforce partner''
means--
(A) a labor organization representing aircraft
pilots;
(B) an entity that trains pilots;
(C) an entity that employs pilots;
(D) a trade association, nonprofit organization, or
other entity representing the interests of an entity
described in subparagraph (A), (B), or (C); or
(E) a consortium of at least 2 of the entities
described in subparagraphs (A) through (D).
(b) Grant Program Authorized.--The Secretary, in consultation with
Secretary of Transportation, shall award grants to eligible
partnerships to--
(1) support the education of future airline and commercial
pilots;
(2) diversify the pilot training workforce by increasing
the number and percentage of pilots from underrepresented or
non-traditional populations, low-income populations, and rural
populations; and
(3) generate interest and support for a career as an
airline and commercial pilot.
(c) Applications.--An eligible partnership that desires to receive
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
(d) Priorities.--
(1) In general.--In awarding grants under this section, the
Secretary shall ensure that not less than 25 percent of the
funds made available to carry out this section for any fiscal
year are awarded to eligible partnerships that consist of--
(A) a minority-serving institution with an eligible
undergraduate flight education and training program or
looking to establish such a program;
(B) a high-need local educational agency; or
(C) a consortium of entities described in
subparagraphs (A) and (B).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary shall reduce the amount of funds made available under
such paragraph if the Secretary does not receive a sufficient
number of applications of sufficient quality.
(e) Uses of Funds.--An eligible partnership that receives a grant
under this section shall use the grant funds for 1 or more of the
following activities:
(1) A scholarship program for current or prospective flight
education students at an eligible undergraduate flight
education and training program.
(2) Operating an outreach or development program in a local
educational agency, particularly a high-need local educational
agency, for elementary school, middle school, and high school
students to--
(A) introduce such students to the pilot profession
and aviation experiences; and
(B) recruit students from low-income, rural,
underrepresented, or non-traditional populations to the
aviation profession.
(3) Provide startup grants to institutions of higher
education, particularly minority-serving institutions, to start
or expand aviation programs that serve underrepresented
communities.
(f) Matching Funds.--
(1) Match.--In order to receive a grant under this section,
an eligible partnership shall demonstrate that the workforce
partner in the partnership will provide matching funds, in cash
or through an in-kind contribution, from Federal, State, local,
or private sources, in an amount equal to 25 percent of the
funds provided under such grant.
(2) Exception.--The Secretary may waive the matching funds
requirement under paragraph (1), on a case-by-case basis, upon
a showing of exceptional circumstances or financial
difficulties in the eligible partnership.
(g) Technical Assistance.--The Secretary, in consultation with the
Secretary of Transportation, shall reserve not more than 5 percent of
the funds made available to carry out this section to provide technical
assistance to--
(1) applicants seeing to become an eligible partnership;
and
(2) eligible partnerships that have been awarded grants
under this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of the
fiscal years 2023 through 2027.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to repeal, amend, supersede, or affect any pilot training or
qualification provision under existing law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Education, in addition to any amounts otherwise available, to carry out
the amendments made by this Act $3,000,000 for each of fiscal years
2023 through 2033. Such funds shall be available until expended.
<all>
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118HR2875 | Grid Reliability and Resiliency Improvements Act | [
[
"B001306",
"Rep. Balderson, Troy [R-OH-12]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2875 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2875
To direct the North American Electric Reliability Corporation, in
consultation with the Secretary of Energy, the Federal Energy
Regulatory Commission, Regional Transmission Organizations, and
Independent System Operators, to submit a report to Congress on the
reliability of the electric grid.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Balderson introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the North American Electric Reliability Corporation, in
consultation with the Secretary of Energy, the Federal Energy
Regulatory Commission, Regional Transmission Organizations, and
Independent System Operators, to submit a report to Congress on the
reliability of the electric grid.
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 ``Grid Reliability and Resiliency
Improvements Act''.
SEC. 2. IDENTIFYING AND PREVENTING RISKS TO THE LONG TERM RELIABILITY
OF ELECTRIC GRID AND ELECTRICITY GENERATION.
Not later than 180 days after the date of enactment of this Act,
and every two years thereafter, the Electric Reliability Organization
(as defined in section 215(a)(2) of the Federal Power Act (16 U.S.C.
824o(a)(2))), in consultation with the Secretary of Energy, the Federal
Energy Regulatory Commission, Regional Transmission Organizations, and
Independent System Operators, shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that--
(1) identifies State and Federal policies that affect, or
could affect, the retirement of facilities that generate
electricity, including retirement of such facilities that may
occur because the costs of compliance with such policies
economically disadvantages such facilities;
(2) describes the impact of electric utility-level
environmental, social, and governance (ESG) commitments and
policies on electric grid reliability and whether such
commitments and policies contribute to the retirement of
facilities that generate electricity;
(3) identifies the estimated number of facilities that
generate electricity in the United States that will be retired,
per calendar year, until 2030;
(4) describes the estimated increase in demand for
electricity until calendar year 2030, taking into consideration
State and Federal economy-wide electrification efforts, and
whether the estimated level of new electricity generation that
will connect to the bulk-power system, including facilities and
control facilities and control systems necessary for operating
an interconnected electricity transmission network and
electricity from generation facilities needed to maintain
transmission system reliability, will meet such estimated
increase in demand for electricity by calendar year 2030;
(5) outlines whether the current pace of facilities that
generate electricity from non-dispatchable variable energy
resources connecting to the bulk-power system is sufficient--
(A) to exceed the pace of retirement of facilities
that generate electricity from dispatchable, firm, or
flexible resources; and
(B) to meet the estimated increase in demand for
electricity by calendar year 2030;
(6) provides recommendations to improve the reliability of
the electric grid and to ensure that electricity generation can
meet estimated demand for electricity by calendar year 2030, as
well as anticipated reserve margins;
(7) identifies whether increased electricity generation
from natural gas and increased natural gas transportation is
essential to the reliability of the electric grid by calendar
year 2030 and the importance of natural gas for electricity
generation as a balancing, flexible resource; and
(8) quantifies the benefits of generation of electricity
using flexible resources that can dispatch on demand, are able
to counter variations in electricity generation and demand, and
balance generation of electricity using intermittent and non-
dispatchable resources.
<all>
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118HR2876 | To cancel certain proposed changes to loan level price adjustments by the Federal National Mortgage Association and credit fees charged by the Federal Home Loan Mortgage Corporation. | [
[
"B000740",
"Rep. Bice, Stephanie I. [R-OK-5]",
"sponsor"
],
[
"M001204",
"Rep. Meuser, Daniel [R-PA-9]",
"cosponsor"
],
[
"D000032",
"Rep. Donalds, Byron [R-FL-19]",
"cosponsor"
],
[
"M001216",
"Rep. Mills, Cory [R-FL-7]",
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],
[
"E0002... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2876 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2876
To cancel certain proposed changes to loan level price adjustments by
the Federal National Mortgage Association and credit fees charged by
the Federal Home Loan Mortgage Corporation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mrs. Bice (for herself, Mr. Meuser, Mr. Donalds, Mr. Mills, Mr.
Edwards, Mr. Alford, Mr. Fallon, Mr. Duncan, Mr. Kelly of Mississippi,
Mr. Norman, and Ms. Greene of Georgia) introduced the following bill;
which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To cancel certain proposed changes to loan level price adjustments by
the Federal National Mortgage Association and credit fees charged by
the Federal Home Loan Mortgage Corporation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CANCELLATION OF CHANGES.
The Federal Housing Finance Agency and the enterprises, as defined
in section 1303 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502), may not implement the changes
to the single-family pricing framework announced by the Federal Housing
Finance Agency on January 19, 2023, in an announcement entitled ``FHFA
Announces Updates to the Enterprises' Single-Family Pricing
Framework'', and set forth in Federal National Mortgage Association
Lender Letter LL-2023-01 and Federal Home Loan Mortgage Corporation
Bulletin 2023-1, and the changes, Lender Letter, and Bulletin shall
have no force or effect.
<all>
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118HR2877 | CREEPER Act 2.0 | [
[
"B001260",
"Rep. Buchanan, Vern [R-FL-16]",
"sponsor"
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[
"M001217",
"Rep. Moskowitz, Jared [D-FL-23]",
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] | <p><b>Curbing Realistic Exploitative Electronic Pedophilic Robots Act 2.0 or the CREEPER Act 2.0</b></p> <p>This bill establishes new federal criminal offenses for conduct involving child sex dolls. </p> <p>Specifically, it makes it a crime to import, transport, buy, sell, distribute, or possess a child sex doll. A violator is subject to criminal penalties—a fine, a prison term, or both. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2877 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2877
To amend title 18, United States Code, to prohibit the importation or
transportation of child sex dolls, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Buchanan (for himself and Mr. Moskowitz) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the importation or
transportation of child sex dolls, 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 ``Curbing Realistic Exploitative
Electronic Pedophilic Robots Act 2.0'' or as the ``CREEPER Act 2.0''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) There is a correlation between possession of the
obscene dolls, and robots, and possession of and participation
in child pornography.
(2) The physical features, and potentially the
``personalities'' of the robots are customizable or morphable
and can resemble actual children.
(3) Some owners and makers of the robots have made their
children interact with the robots as if the robots are members
of the family.
(4) The robots can have settings that simulate rape.
(5) The dolls and robots not only lead to rape, but they
make rape easier by teaching the rapist about how to overcome
resistance and subdue the victim.
(6) For users and children exposed to their use, the dolls
and robots normalize submissiveness and normalize sex between
adults and minors.
(7) As the Supreme Court has recognized, obscene material
is often used as part of a method of seducing child victims.
(8) The dolls and robots are intrinsically related to abuse
of minors, and they cause the exploitation, objectification,
abuse, and rape of minors.
SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX
DOLLS.
Section 1462 of title 18, United States Code, is amended--
(1) in paragraph (a), by striking ``or'' at the end;
(2) in paragraph (b), by striking ``or'' at the end;
(3) by inserting after paragraph (c) the following:
``(d) any child sex doll; or''; and
(4) by adding at the end the following:
``In this section, the term `child sex doll' means an anatomically
correct doll, mannequin, or robot, with the features of, or with
features that resemble those of, a minor, intended for use in sexual
acts.''.
SEC. 4. TRAFFICKING IN CHILD SEX DOLLS.
(a) In General.--Chapter 71 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1471. Trafficking in child sex dolls
``Whoever knowingly--
``(1) buys, sells, delivers, or distributes in interstate
or foreign commerce any child sex doll,
``(2) possesses a child sex doll that has been so bought,
sold, delivered, or distributed, or
``(3) possesses such a child sex doll with the intent to
engage in any conduct prohibited by paragraph (1),
shall be fined under this title or imprisoned not more than five years,
or both, for the first such offense and shall be fined under this title
or imprisoned not more than ten years, or both, for each such offense
thereafter. For purposes of this section, the term `child sex doll' has
the meaning given such term in section 1462.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``1471. Trafficking in child sex dolls.''.
<all>
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118HR2878 | CARE Act of 2023 | [
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... | <p><b>Companion Animal Release from Experiments Act of 2023 or the CARE Act of 2023</b></p> <p>This bill requires, as a condition of receiving funding from the National Institutes of Health, entities that carry out animal-based research to establish adoption policies for dogs, cats, and rabbits when they are no longer used for research. It also limits, under certain conditions, an entity's liability related to these adoptions.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2878 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2878
To require research facilities that use companion dogs, cats, or
rabbits for research purposes and receive funding from the National
Institutes of Health to offer such animals for adoption after
completion of such research, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Cardenas (for himself, Mr. Calvert, Mr. Payne, Ms. Sanchez, and Mr.
Posey) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require research facilities that use companion dogs, cats, or
rabbits for research purposes and receive funding from the National
Institutes of Health to offer such animals for adoption after
completion of such 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 ``Companion Animal Release from
Experiments Act of 2023'' or the ``CARE Act of 2023''.
SEC. 2. FINDINGS.
Congress the finds the following:
(1) The use of animals in research has been an issue of
public concern since the mid-20th century, because animals used
in research will, in most cases, experience fear, pain,
confinement, and premature death.
(2) Section 495 of the Health Research Extension Act is the
statutory basis for the public health service policy of the
Federal Government with respect to humane care and use of
laboratory animals.
(3) Currently, the public health service policy of the
Surgeon General does not cover the post research treatment of
such animals.
(4) Animals used in research include animals commonly kept
as companion animals by the public.
(5) More than 64,000 dogs, 18,000 cats, and 145,000 rabbits
are used in experiments in the United States each year and much
of the research is conducted at facilities that receive public
funding through the National Institutes of Health.
(6) Due to an absence of Federal requirements, 15 States
have enacted laws governing the post research placement for
dogs and cats used in publicly funded research institutions.
(7) A national requirement is needed to ensure that
research institutions that receive tax payer funding establish
adoption policies for companion animals that are no longer used
for research, including finding such animals a home and
adopting transparent policies concerning the success of such
requirement.
SEC. 3. OFFERING DOGS, CATS, OR RABBITS USED IN RESEARCH FACILITIES FOR
ADOPTION.
(a) Adoption Guidelines for Research Facilities.--Section 495(b)(3)
of the Public Health Service Act (42 U.S.C. 289d(b)(3)) is amended--
(1) by striking the ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) develop and implement policies for the adoption of
dogs, cats, or rabbits no longer needed for biomedical and
behavioral research, including--
``(i) developing and making publicly available on
the website of such research entity a policy for
offering for adoption a dog, cat, or rabbit no longer
needed for biomedical and behavioral research;
``(ii) assessing the health of such dog, cat, or
rabbit to determine whether such animal is suitable for
adoption; and
``(iii) making reasonable efforts to offer for
adoption any dog, cat, or rabbit deemed suitable for
adoption, either through--
``(I) private placement;
``(II) an animal shelter; or
``(III) an animal adoption organization;
and
``(E) maintain records on dogs, cats, or rabbits used by
the research entity and make such records publicly available on
the website of such research entity, including records on--
``(i) the number of dogs, cats, or rabbits used for
research;
``(ii) the number of dogs, cats, or rabbits placed
for adoption through private placement, animal shelter,
or through an animal adoption organization; and
``(iii) the number of dogs, cats, or rabbits
destroyed.''.
(b) Immunity and Animal Adoption Organization Defined.--Section 495
of the Public Health Service Act (42 U.S.C. 289d) is amended by adding
at the end the following:
``(f) Immunity.--A research facility that places a dog, cat, or
rabbit for adoption consistent with the policies under subsection
(b)(3)(D) is immune from any civil liability in any Federal or State
judicial or administrative proceeding arising out of any act or
omission with respect to such dog, cat, or rabbit following the
adoption of such dog, cat, or rabbit, except for willful or wanton
misconduct.
``(g) Definitions.--For purposes of this section, the following
terms apply:
``(1) Animal adoption organization.--The term `animal
adoption organization' means an organization that--
``(A) rescues animals in need and finds permanent,
adoptive homes for such animals;
``(B) is described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
``(C) is exempt from tax under section 501(a) of
such Code.
``(2) Animal shelter.--The term `animal shelter' means a
facility that--
``(A) accepts or seizes animals to care for such
animals; and
``(B) places such animals in a permanent adoptive
home.
``(3) Private placement.--The term `private placement'
means an arrangement between the research entity and an
individual seeking to provide a permanent adoptive home for the
animal pursuant to the adoption policy of such entity.''.
(c) Effective Date.--The amendments made by this Act shall take
effect 1 year after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR2879 | National Center for the Advancement of Aviation Act of 2023 | [
[
"C001072",
"Rep. Carson, Andre [D-IN-7]",
"sponsor"
],
[
"S001212",
"Rep. Stauber, Pete [R-MN-8]",
"cosponsor"
],
[
"A000376",
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],
[
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[
"B001295",... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2879 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2879
To establish the National Center for the Advancement of Aviation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Carson (for himself, Mr. Stauber, Mr. Allred, Mr. Bean of Florida,
Mr. Bost, Ms. Brownley, Mr. Boyle of Pennsylvania, Mr. Carbajal, Mr.
Cardenas, Mr. Cartwright, Mrs. Cherfilus-McCormick, Mr. Cohen, Ms.
Craig, Mr. Crow, Mr. Davis of Illinois, Ms. DelBene, Mr. DeSaulnier,
Ms. Escobar, Mr. Fitzpatrick, Mr. Gallagher, Mr. Guest, Mr. Higgins of
New York, Ms. Norton, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr.
Keating, Mr. LaMalfa, Mr. Lynch, Mr. Mann, Mr. Molinaro, Mr. Nehls, Mr.
Obernolte, Mr. Payne, Ms. Pingree, Ms. Porter, Mr. Reschenthaler, Mr.
Rouzer, Ms. Salazar, Mr. Sarbanes, Ms. Scholten, Mr. Stanton, Mr.
Swalwell, Ms. Titus, Mr. Turner, Mr. Veasey, Ms. Williams of Georgia,
and Ms. Wilson of Florida) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, 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 establish the National Center for the Advancement of Aviation.
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 Center for the Advancement
of Aviation Act of 2023''.
SEC. 2. FEDERAL CHARTER FOR THE NATIONAL CENTER FOR THE ADVANCEMENT OF
AVIATION.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 120. National Center for the Advancement of Aviation
``(a) Federal Charter and Status.--
``(1) In general.--The National Center for the Advancement
of Aviation (in this section referred to as the `Center') is a
federally chartered entity. The Center is a private independent
entity, not a department, agency, or instrumentality of the
United States Government or a component thereof. Except as
provided in subsection (f)(1), an officer or employee of the
Center is not an officer or employee of the Federal Government.
``(2) Perpetual existence.--Except as otherwise provided,
the Center shall have perpetual existence.
``(b) Governing Body.--
``(1) In general.--The Board of Directors (in this section
referred to as the `Board') is the governing body of the
Center.
``(2) Authority of powers.--
``(A) In general.--The Board shall adopt a
constitution, bylaws, regulations, policies, and
procedures to carry out the purpose of the Center and
may take any other action that it considers necessary
(in accordance with the duties and powers of the
Center) for the management and operation of the Center.
The Board is responsible for the general policies and
management of the Center and for the control of all
funds of the Center.
``(B) Powers of board.--The Board shall have the
power to do the following:
``(i) Adopt and alter a corporate seal.
``(ii) Establish and maintain offices to
conduct its activities.
``(iii) Enter into contracts or agreements
as a private entity not subject to the
requirements of title 41.
``(iv) Acquire, own, lease, encumber, and
transfer property as necessary and appropriate
to carry out the purposes of the Center.
``(v) Publish documents and other
publications in a publicly accessible manner.
``(vi) Incur and pay obligations as a
private entity not subject to the requirements
of title 31.
``(vii) Make or issue grants and include
any conditions on such grants in furtherance of
the purpose and duties of the Center.
``(viii) Perform any other act necessary
and proper to carry out the purposes of the
Center as described in its constitution and
bylaws or duties outlined in this section.
``(3) Membership of the board.--
``(A) In general.--The Board shall have 11
Directors as follows:
``(i) Ex-officio membership.--The following
individuals, or their designees, shall be
considered ex-officio members of the Board:
``(I) The Administrator of the
Federal Aviation Administration.
``(II) The Executive Director,
pursuant to paragraph (5)(D).
``(ii) Appointments.--
``(I) In general.--From among those
members of the public who are highly
respected and have knowledge and
experience in the fields of aviation,
finance, or academia--
``(aa) the Secretary of
Transportation shall appoint 5
members to the Board;
``(bb) the Secretary of
Defense shall appoint 1 member
to the Board;
``(cc) the Secretary of
Veterans Affairs shall appoint
1 member to the Board;
``(dd) the Secretary of
Education shall appoint 1
member to the Board; and
``(ee) the Administrator of
the National Aeronautics and
Space Administration shall
appoint 1 member to the Board.
``(II) Terms.--
``(aa) In general.--The
members appointed under
subclause (I) shall serve for a
term of 3 years and may be
reappointed.
``(bb) Staggering terms.--
To ensure subsequent
appointments to the Board are
staggered, of the 9 members
first appointed under subclause
(I), 3 shall be appointed for a
term of 1 year, 3 shall be
appointed for a term of 2
years, and 3 shall be appointed
for a term of 3 years.
``(III) Consideration.--In
considering whom to appoint to the
Board, the Secretaries and
Administrator referenced in subclause
(I) shall, to the maximum extent
practicable, ensure the overall
composition of the Board adequately
represents the fields of aviation and
academia.
``(B) Vacancies.--A vacancy on the Board shall be
filled in the same manner as the initial appointment.
``(C) Status.--All Members of the Board shall have
equal voting powers, regardless if they are ex-officio
members or appointed.
``(4) Chair of the board.--The Board shall choose a Chair
of the Board from among the members of the Board that are not
ex-officio members under paragraph (3)(A)(i).
``(5) Administrative matters.--
``(A) Meetings.--
``(i) In general.--The Board shall meet at
the call of the Chair but not less than 2 times
each year and may, as appropriate, conduct
business by telephone or other electronic
means.
``(ii) Open.--
``(I) In general.--Except as
provided in subclause (II), a meeting
of the Board shall be open to the
public.
``(II) Exception.--A meeting, or
any portion of a meeting, may be closed
if the Board, in public session, votes
to close the meeting because the
matters to be discussed--
``(aa) relate solely to the
internal personnel rules and
practices of the Center;
``(bb) may result in
disclosure of commercial or
financial information obtained
from a person that is
privileged or confidential;
``(cc) may disclose
information of a personal
nature where disclosure would
constitute a clearly
unwarranted invasion of
personal privacy; or
``(dd) are matters that are
specifically exempted from
disclosure by Federal or State
law.
``(iii) Public announcement.--At least 1
week before a meeting of the Board, and as soon
as practicable thereafter if there are any
changes to the information described in
subclauses (I) through (III), the Board shall
make a public announcement of the meeting that
describes--
``(I) the time, place, and subject
matter of the meeting;
``(II) whether the meeting is to be
open or closed to the public; and
``(III) the name and appropriate
contact information of a person who can
respond to requests for information
about the meeting.
``(iv) Record.--The Board shall keep a
transcript of minutes from each Board meeting.
Such transcript shall be made available to the
public in an accessible format, except for
portions of the meeting that are closed
pursuant to subparagraph (A)(ii)(II).
``(B) Quorum.--A majority of members of the Board
shall constitute a quorum.
``(C) Restriction.--No member of the Board shall
participate in any proceeding, application, ruling or
other determination, contract claim, scholarship award,
controversy, or other matter in which the member, the
member's employer or prospective employer, or the
member's spouse, partner, or minor child has a direct
financial interest. Any person who violates this
subparagraph may be fined not more than $10,000,
imprisoned for not more than 2 years, or both.
``(D) Executive director.--The Board shall appoint
and fix the pay of an Executive Director of the Center
(in this section referred to as the `Executive
Director') who shall--
``(i) serve as a Member of the Board;
``(ii) serve at the pleasure of the Board,
under such terms and conditions as the Board
shall establish;
``(iii) is subject to removal by the Board
at the discretion of the Board; and
``(iv) be responsible for the daily
management and operation of the Center and for
carrying out the purposes and duties of the
Center.
``(E) Appointment of personnel.--The Board shall
designate to the Executive Director the authority to
appoint additional personnel as the Board considers
appropriate and necessary to carry out the purposes and
duties of the Center.
``(F) Public information.--Nothing in this section
may be construed to withhold disclosure of information
or records that are subject to disclosure under section
552 of title 5.
``(c) Purpose of the Center.--The purpose of the Center is to--
``(1) develop a skilled and robust U.S. aviation and
aerospace workforce;
``(2) provide a forum to support collaboration and
cooperation between governmental, non-governmental, and private
aviation and aerospace sector stakeholders regarding the
advancement of the U.S. aviation and aerospace workforce,
including general, business, and commercial aviation,
education, labor, manufacturing and international
organizations; and
``(3) serve as a repository for research conducted by
institutions of higher education, research institutions, or
other stakeholders regarding the aviation and aerospace
workforce, or related technical and skill development.
``(d) Duties of the Center.--In order to accomplish the purpose
described in subsection (c), the Center shall perform the following
duties:
``(1) Improve access to aviation and aerospace education
and related skills training to help grow the U.S. aviation and
aerospace workforce, including--
``(A) assessing the current U.S. aviation and
aerospace workforce challenges and identifying actions
to address these challenges, including by developing a
comprehensive workforce strategy;
``(B) establishing scholarship, apprenticeship,
internship or mentorship programs for individuals who
wish to pursue a career in an aviation- or aerospace-
related field, including individuals in economically
disadvantaged areas or individuals who are members of
underrepresented groups in the aviation and aerospace
sector;
``(C) supporting the development of aviation and
aerospace education curricula, including syllabi,
training materials, and lesson plans, for use by middle
schools and high schools, institutions of higher
education, secondary education institutions, or
technical training and vocational schools; and
``(D) building awareness of youth-oriented aviation
and aerospace programs and other outreach programs.
``(2) Support the personnel or veterans of the Armed Forces
seeking to transition to a career in civil aviation or
aerospace through outreach, training, apprenticeships, or other
means.
``(3) Amplify and support the research and development
efforts conducted as part of the National Aviation Research
Plan, as required under section 44501(c), and work done at the
Centers of Excellence and Technical Centers of the Federal
Aviation Administration regarding the aviation and aerospace
workforce, or related technical and skills development,
including organizing and hosting symposiums, conferences, and
other forums as appropriate, between the Federal Aviation
Administration, aviation and aerospace stakeholders, and other
interested parties, to discuss current and future research
efforts and technical work.
``(e) Grants.--
``(1) In general.--In order to accomplish the purpose under
subsection (c) and duties under subsection (d), the Center may
issue grants to eligible entities to--
``(A) create, develop, deliver, or update--
``(i) middle and high school aviation
curricula, including syllabi, training
materials, equipment and lesson plans, that are
designed to prepare individuals to become
aircraft pilots, aerospace engineers, unmanned
aircraft system operators, aviation maintenance
technicians, or other aviation maintenance
professionals, or to support the continuing
education of any of the aforementioned
individuals; or
``(ii) aviation curricula, including
syllabi, training materials, equipment and
lesson plans, used at institutions of higher
education, secondary education institutions, or
by technical training and vocational schools,
that are designed to prepare individuals to
become aircraft pilots, aerospace engineers,
unmanned aircraft system operators, aviation
maintenance technicians, or other aviation
maintenance professionals, or to refresh the
knowledge of any of the aforementioned
individuals; or
``(B) support the professional development of
educators using the curriculum in subparagraph (A);
``(C) establish new education programs that teach
technical skills used in aviation maintenance,
including purchasing equipment, or to improve existing
programs;
``(D) establish scholarships, internships or
apprenticeships for individuals pursuing employment in
the aviation maintenance industry;
``(E) support outreach about educational
opportunities and careers in the aviation maintenance
industry, including in economically disadvantaged
areas; or
``(F) support the transition to careers in aviation
maintenance, including for members of the Armed Forces.
``(2) Eligible entities.--An eligible entity under this
subsection includes--
``(A) an air carrier, as defined in section 40102,
an air carrier engaged in intrastate or intra-U.S.
territorial operations, an air carrier engaged in
commercial operations covered by part 135 or part 91 of
title 14, Code of Federal Regulations, operations, or a
labor organization representing aircraft pilots;
``(B) an accredited institution of higher education
or a high school or secondary school (as defined in
section 8101 of the Higher Education Act of 1965 (20
U.S.C. 7801));
``(C) a flight school that provides flight
training, as defined in part 61 of title 14, Code of
Federal Regulations, or that holds a pilot school
certificate under part 141 of title 14, Code of Federal
Regulations;
``(D) a State or local governmental entity;
``(E) an organization representing aircraft users,
aircraft owners, or aircraft pilots;
``(F) a holder of a certificate issued under part
21, 121, 135, or 145 of title 14, Code of Federal
Regulations or a labor organization representing
aviation maintenance workers; or
``(G) other organizations at the discretion of the
Board.
``(3) Limitation.--No organization that receives a grant
under this section may sell or make a profit from the creation,
development, delivery, or updating of high school aviation
curricula.
``(f) Administrative Matters of the Center.--
``(1) Detailees.--
``(A) In general.--At the request of the Center,
the head of any Federal agency or department may, at
the discretion of such agency or department, detail to
the Center, on a reimbursable basis, any employee of
the agency or department.
``(B) Civil servant status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
``(2) Names and symbols.--The Center may accept, retain,
and use proceeds derived from the Center's use of the exclusive
right to use its name and seal, emblems, and badges
incorporating such name as lawfully adopted by the Board in
furtherance of the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, retain, use, and dispose of gifts, grants, bequests, or
devises of money, services, or property from any public or
private source for the purpose of covering the costs incurred
by the Center in furtherance of the purpose and duties of the
Center.
``(4) Voluntary services.--The Center may accept from any
person voluntary services to be provided in furtherance of the
purpose and duties of the Center.
``(g) Restrictions of the Center.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue any
shares of stock or declare or pay any dividends.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise contribute to or promote the candidacy of, any
individual seeking elective public office or political party.
The Center may not engage in activities that are, directly, or
indirectly, intended to be or likely to be perceived as
advocating or influencing the legislative process.
``(4) Distribution of income or assets.--The assets of the
Center may not inure to the benefit of any member of the Board,
or any officer or employee of the Center or be distributed to
any person. This subsection does not prevent the payment of
reasonable compensation to any officer, employee, or other
person or reimbursement for actual and necessary expenses in
amounts approved by the Board.
``(5) Loans.--The Center may not make a loan to any member
of the Board or any officer or employee of the Center.
``(6) No claim of governmental approval or authority.--The
Center may not claim approval of Congress or of the authority
of the United States for any of its activities.
``(h) Advisory Committee.--
``(1) In general.--The Executive Director shall appoint
members to an advisory committee subject to approval by the
Board. Members of the Board may not sit on the advisory
committee.
``(2) Membership.--The advisory committee shall consist of
15 members who represent various aviation industry and labor
stakeholders, stakeholder associations, and others as
determined appropriate by the Board. The advisory committee
shall select a Chair and Vice Chair from among its members by
majority vote. Members of the advisory committee shall be
appointed for a term of 5 years.
``(3) Duties.--The advisory committee shall--
``(A) provide recommendations to the Board on an
annual basis regarding the priorities for the
activities of the Center;
``(B) consult with the Board on an ongoing basis
regarding the appropriate powers of the Board to
accomplish the purposes and duties of the Center;
``(C) provide relevant data and information to the
Center in order to carry out the duties set forth in
subsection (d); and
``(D) nominate United States citizens for
consideration by the Board to be honored annually by
the Center for such citizens' efforts in promoting U.S.
aviation or aviation education and enhancing the
aviation workforce in the United States.
``(4) Meetings.--The provisions for meetings of the Board
under subsection (b)(5) shall apply as similarly as is
practicable to meetings of the advisory committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish and appoint the
membership of the working groups as determined necessary and
appropriate to achieve the purpose of the Center under
subsection (c).
``(2) Membership.--Any working group established by the
Board shall have members representing various aviation industry
and labor stakeholders, stakeholder associations, and others,
as determined appropriate by the Board. Once established, the
membership of such working group shall choose a Chair from
among the members of the working group by majority vote.
``(3) Termination.--Unless determined otherwise by the
Board, any working group established by the Board under this
subsection shall be constituted for a time period of not more
than 3 years.
``(j) Records of Accounts.--The Center shall keep correct and
complete records of accounts.
``(k) Duty To Maintain Tax-Exempt Status.--The Center shall be
operated in a manner and for purposes that qualify the Center for
exemption from taxation under the Internal Revenue Code as an
organization described in section 501(c)(3) of such Code.
``(l) Annual Report.--The Board shall submit an annual report to
the appropriate committees of Congress that, at minimum,--
``(1) includes a review and examination of--
``(A) the activities performed as set forth in
subsections (d) and (e) during the prior fiscal year;
``(B) the advisory committee as described under
subsection (h); and
``(C) the working groups as described under
subsection (i); and
``(2) provides recommendations to improve the role,
responsibilities, and functions of the Center to achieve the
purpose set forth in subsection (c).
``(m) Audit by the Department of Transportation Inspector
General.--
``(1) In general.--Not later than 2 years after the date on
which the Center is established under subsection (a), the
inspector general of the Department of Transportation shall
conduct a review of the Center.
``(2) Contents.--The review shall--
``(A) include, at a minimum--
``(i) an evaluation of the efforts taken at
the Center to achieve the purpose set forth in
subsection (c); and
``(ii) the recommendations provided by the
Board in subsection (l)(2); and
``(B) provide any other information that the
inspector general determines is appropriate.
``(3) Report on audit.--
``(A) Report to secretary.--Not later than 30 days
after the date of completion of the audit, the
inspector general shall submit to the Secretary a
report on the results of the audit.
``(B) Report to congress.--Not later than 60 days
after the date of receipt of the report under
subparagraph (A), the Secretary shall submit to the
appropriate committees of Congress a copy of the
report, together with, if appropriate, a description of
any actions taken or to be taken to address the results
of the audit.
``(n) Authorization of Appropriations.--In order to carry out this
section, there is authorized to be appropriated for fiscal year 2024
and each fiscal year thereafter an amount equal to 3 percent of the
interest from investment credited to the Airport and Airway Trust Fund.
``(o) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by inserting after the item relating to
section 119 the following:
``120. National Center for the Advancement of Aviation.''.
SEC. 3. PREVENTION OF DUPLICATIVE PROGRAMS.
The Board of Directors of the National Center for the Advancement
of Aviation established under section 120 of title 49, United States
Code (as added by this Act), shall coordinate with the Administrator of
the Federal Aviation Administration to prevent any programs of the
Center from duplicating programs established under section 625 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
<all>
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118HR288 | SOPRA | [
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"F000471",
"Rep. Fitzgerald, Scott [R-WI-5]",
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"Rep. Miller, Mary E. [R-IL-15]",
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"B00... | <p><strong>Separation of Powers Restoration Act</strong> <b>of 2023 or SOPRA</b></p> <p>This bill modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (i.e., without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of (1) constitutional and statutory provisions, and (2) rules made by agencies. </p> <p>No law may exempt a civil action from the standard of review required by this bill except by specific reference to such provision.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 288
To amend title 5, United States Code, to clarify the nature of judicial
review of agency interpretations of statutory and regulatory
provisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Fitzgerald (for himself, Mrs. Miller of Illinois, Mr. Duncan, Mr.
McClintock, Mr. Burgess, Mr. Buck, Mr. Tiffany, Mr. Bishop of North
Carolina, Mr. Jackson of Texas, and Mr. Cline) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to clarify the nature of judicial
review of agency interpretations of statutory and regulatory
provisions.
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 ``Separation of Powers Restoration Act
of 2023''.
SEC. 2. JUDICIAL REVIEW OF STATUTORY AND REGULATORY INTERPRETATIONS.
Section 706 of title 5, United States Code, is amended--
(1) by striking ``To the extent necessary'' and inserting
``(a) To the extent necessary'';
(2) by striking ``decide all relevant questions of law,
interpret constitutional and statutory provisions, and'';
(3) by inserting after ``of the terms of an agency action''
the following ``and decide de novo all relevant questions of
law, including the interpretation of constitutional and
statutory provisions, and rules made by agencies.
Notwithstanding any other provision of law, this subsection
shall apply in any action for judicial review of agency action
authorized under any provision of law. No law may exempt any
such civil action from the application of this section except
by specific reference to this section''; and
(4) by striking ``The reviewing court shall--'' and
inserting the following:
``(b) The reviewing court shall--''.
<all>
</pre></body></html>
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118HR2880 | Protecting Patients Against PBM Abuses Act | [
[
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"Rep. Carter, Earl L. \"Buddy\" [R-GA-1]",
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2880
To amend title XVIII of the Social Security Act to establish certain
requirements for pharmacy benefit managers under part D of the Medicare
program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Carter of Georgia (for himself, Ms. Blunt Rochester, Ms.
Malliotakis, and Mr. Auchincloss) introduced the following bill; which
was referred to the Committee on Energy and Commerce, and in addition
to the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to establish certain
requirements for pharmacy benefit managers under part D of the Medicare
program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Patients Against PBM
Abuses Act''.
SEC. 2. ESTABLISHING CERTAIN REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS
UNDER PART D OF THE MEDICARE PROGRAM.
(a) Prescription Drug Plans.--Section 1860D-12(b) of the Social
Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end
the following new paragraph:
``(9) Responsibility of pharmacy benefit managers.--
``(A) In general.--Each contract entered into with
a PDP sponsor under this part with respect to a
prescription drug plan offered by such sponsor shall
provide that any pharmacy benefit manager acting on
behalf of such sponsor complies with the following
provisions:
``(i) The pharmacy benefit manager derives
no income with respect to any services provided
in connection with covered part D drugs
furnished under such plan from any entity other
than flat dollar amount service fees.
``(ii) The pharmacy benefit manager
receives such service fees only pursuant to a
written agreement between the manager and such
sponsor that sets forth the amount of any such
fees. Any such fee may not be directly or
indirectly based on, or contingent upon--
``(I) the price of any covered part
D drug;
``(II) discounts, rebates, fees, or
other remuneration with respect to such
drugs; or
``(III) any other circumstance
specified by the Secretary.
``(iii) With respect to a covered part D
drug dispensed by a pharmacy, the pharmacy
benefit manager may not charge such sponsor a
different amount for such drug's ingredient
cost or dispensing fee than the amount the
pharmacy benefit manager reimburses such
pharmacy for such drug's ingredient cost or
dispensing fee.
``(iv) With respect to a covered part D
drug dispensed by a network pharmacy, the
pharmacy benefit manager may not reimburse such
pharmacy an amount less than the amount the
pharmacy benefit manager would reimburse an
affiliated pharmacy for such drug.
``(v) With respect to each covered part D
drug included on the formulary of such plan for
which there is a drug that is not included on
such formulary with a therapeutic equivalence
rating of AB (as established pursuant to
section 505(j)(7) of the Federal Food, Drug,
and Cosmetic Act) in the same therapeutic class
or category of such covered part D drug, the
pharmacy benefit manager shall submit to such
plan a report specifying the difference between
the national average drug acquisition cost (as
published by the Secretary) for such drug not
included in such formulary and the negotiated
prices for such drug that is included in such
formulary.
``(B) Certification.--Each PDP sponsor (and each
pharmacy benefit manager providing services under a
prescription drug plan furnished by such sponsor) shall
furnish to the Secretary (in a time and manner
specified by the Secretary) an annual certification of
compliance with this paragraph, as well as such
information as the Secretary determines necessary to
carry out this paragraph.
``(C) Disgorgement of prohibited payments.--A
pharmacy benefit manager shall disgorge to the
Secretary any payment, remuneration, or other amount
received in violation of this paragraph or the contract
entered into with a PDP sponsor under this part with
respect to a prescription drug plan. A PDP sponsor
shall suspend payments to a pharmacy benefit manager
for failure to disgorge such amounts pursuant to the
preceding sentence or for other violations of this
paragraph.
``(D) Clarification.--The requirements of this
paragraph shall apply regardless of whether a PDP
sponsor is acting as its own pharmacy benefit manager
and regardless of whether a pharmacy benefit manager is
under common ownership or control of the PDP sponsor
with respect to which the manager is furnishing
services.
``(E) Definitions.--For purposes of this paragraph:
``(i) Affiliated pharmacy.--The term
`affiliated pharmacy' means, with respect to a
pharmacy benefit manager, a pharmacy that
directly or indirectly through one or more
intermediaries is owned by, controlled by, or
is under common ownership or control of such
manager, or a pharmacy in which such manager
has a financial interest.
``(ii) Pharmacy benefit manager.--The term
`pharmacy benefit manager' means any entity
(and any affiliate, subsidiary, or agent of
such entity) that, pursuant to an agreement
with a PDP sponsor either directly or through
an intermediary acts as a price negotiator or
group purchaser on behalf of such sponsor, or
manages the prescription drug benefits provided
by such sponsor, including by processing and
paying claims for covered part D drugs,
performing drug utilization review, processing
drug prior authorization requests, adjudicating
appeals or grievances related to covered part D
drugs, contracting with network pharmacies,
controlling the cost of such drugs, or
providing any related services.
``(F) Nondisclosure of certain information.--
Nothing in this paragraph shall be construed to require
public disclosure of any information that is a trade
secret or confidential information (as described in
section 552(b)(4) of title 5, United States Code).''.
(b) MA-PD Plans.--Section 1857(f)(3) of the Social Security Act (42
U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following
new subparagraph:
``(F) Responsibility of pharmacy benefit
managers.--Section 1860D-12(b)(9).''.
SEC. 3. CONFLICT OF INTEREST.
Section 1860D-4(b)(3)(A)(ii)(I) of the Social Security Act (42
U.S.C. 1395w-104(b)(3)(A)(ii)(I)) is amended by striking ``with respect
to the sponsor and plan'' and replacing it with ``with respect to the
sponsor, plan, and any pharmacy benefit manager furnishing services to
such sponsor or plan''.
SEC. 4. PBM TRANSPARENCY.
Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) In the case of the provision of information by a PBM
that manages prescription drug coverage under a contract with a
sponsor described in subsection (a)(1) for a plan so
described--
``(A) the aggregate dollar amount of all rebates
that the PBM received with respect to drugs furnished
under such plan from drug manufacturers;
``(B) the aggregate dollar amount of all
administrative fees that the PBM received with respect
to drugs furnished under such plan from drug
manufacturers;
``(C) the aggregate dollar amount of all rebates
described in subparagraph (A) that the PBM did not pass
through to such sponsor;
``(D) the percentage of the aggregate dollar amount
of all rebates described in subparagraph (A) that the
PBM did not pass through to such sponsor; and
``(E) with respect to all plans described in
subsection (a)(1) for which the PBM manages
prescription drug coverage, the highest percentage
calculated under subparagraph (D) and the lowest such
percentage.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b), the following new
subsection:
``(c) Publication of Part D Information.--The Secretary shall
publish, not less frequently than annually, the information reported
under subsection (b) by or on behalf of sponsors described in
subsection (a)(1) on a publicly available website, provided that such
information shall be made available in a form that does not disclose
the identity of a specific plan, the prices charged for specific drugs
or classes of drugs, or the amount of any rebates provided for specific
drugs or classes of drugs.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect January 1, 2024.
SEC. 6. REGULATIONS.
Notwithstanding any other provision of law, the Secretary shall
initially implement the amendments made by this Act through interim
final regulations.
<all>
</pre></body></html>
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