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118HR2971 | Veterans Claims Education Act of 2023 | [
[
"P000608",
"Rep. Peters, Scott H. [D-CA-50]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2971 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2971
To amend title 38, United States Code, to promote assistance from
persons recognized by the Secretary of Veterans Affairs for individuals
who file certain claims under laws administered by the Secretary.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Peters introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to promote assistance from
persons recognized by the Secretary of Veterans Affairs for individuals
who file certain claims under laws administered by the Secretary.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Education Act of
2023''.
SEC. 2. PROMOTION OF ASSISTANCE FROM PERSONS RECOGNIZED BY THE
SECRETARY OF VETERANS AFFAIRS FOR INDIVIDUALS WHO FILE
CERTAIN CLAIMS UNDER LAWS ADMINISTERED BY THE SECRETARY.
(a) Notice to Claimants of Available Assistance From Recognized
Persons.--Section 5103A of title 38, United States Code, is amended--
(1) by redesignating subsections (g) through (i) as
subsections (i) through (k), respectively;
(2) by inserting after subsection (f) the following new
subsections:
``(g) Upon receipt of an initial claim by a claimant not
represented by an accredited person, the Secretary shall provide notice
to the claimant that--
``(1) an accredited person may be able to represent the
claimant;
``(2) a veterans service organization recognized under
section 5902 of this title may represent the claimant at no
charge to the claimant;
``(3) provides the web address of the online tool
maintained under subsection (h); and
``(4) provides the web address of an appropriate and
publicly accessible website of the Department through which a
claimant may report--
``(A) a person, who is not an accredited person,
who represented the claimant; and
``(B) any fee charged by such person for such
representation.
``(h)(1) The Secretary shall maintain an online tool that allows a
claimant to search a list of accredited persons who represent
claimants.
``(2) The Secretary shall ensure that such list is current at least
once each calendar quarter.
``(3) The Secretary shall ensure that such tool is easily
accessible to a claimant.''; and
(3) by adding at the end the following new subsection:
``(l) In this section:
``(1) The term `accredited person' means--
``(A) a veterans service organization recognized
under section 5902 of this title; or
``(B) an attorney, agent, or other person
recognized under section 5904 of this title.
``(2) The term `represent' means to prepare, present, or
prosecute a claim under a law administered by the Secretary on
behalf of a claimant.''.
(b) Online Information Regarding Persons That Assist Claimants.--
The Secretary of Veterans Affairs shall include, in each web portal of
the Department of Veterans Affairs, through which an individual may
file a claim for a benefit administered by the Under Secretary for
Benefits or the Under Secretary for Health, a warning regarding fees an
agent or attorney may charge such individual for assistance in filing
such claim. Such warning shall include the following:
(1) A link to the online maintained under subsection (h) of
section 5103A of such title, as amended by subsection (a).
(2) A link to the website of the Department described in
subparagraph (D) of section 5103A(f)(1) of such title, as
amended by subsection (a).
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall--
(1) complete a review the regulations, processes, and
procedures of the Department of Veterans Affairs that pertain
to recognition under section 5904 of title 38, United States
Code;
(2) develop recommendations for legislative or
administrative action to improve such regulations, processes,
and procedures; and
(3) submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report containing the
findings of the Secretary with respect to the review completed
under paragraph (1) and the recommendations developed under
paragraph (2).
<all>
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118HR2972 | Failed Bank Executives Clawback Act | [
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
"sponsor"
],
[
"S000929",
"Rep. Spartz, Victoria [R-IN-5]",
"cosponsor"
],
[
"G000574",
"Rep. Gallego, Ruben [D-AZ-3]",
"cosponsor"
],
[
"B001297",
"Rep. Buck, Ken [R-CO-4]",
"cosponsor"
],
[
"G000600",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2972 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2972
To amend the Federal Deposit Insurance Act to clarify that the Federal
Deposit Insurance Corporation and appropriate Federal regulators have
the authority to claw back certain compensation paid to executives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Porter (for herself, Mrs. Spartz, Mr. Gallego, Mr. Buck, and Ms.
Perez) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Federal Deposit Insurance Act to clarify that the Federal
Deposit Insurance Corporation and appropriate Federal regulators have
the authority to claw back certain compensation paid to executives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Failed Bank Executives Clawback
Act''.
SEC. 2. CLAW BACK.
Section 8(b) of the Federal Deposit Insurance Act (12 U.S.C.
1818(b)) is amended by inserting after paragraph (8) the following:
``(9) Clawback.--
``(A) Definition.--In this paragraph, the term
`covered compensation' means--
``(i) salary;
``(ii) bonuses;
``(iii) any compensation that is granted,
earned, or vested based wholly or in part upon
the attainment of any financial reporting
measure or other performance metric;
``(iv) equity-based compensation;
``(v) time- or service-based awards;
``(vi) awards based on nonfinancial
metrics; and
``(vii) any profits realized from the
buying or selling of securities.
``(B) Clawback.--
``(i) Liability of institution-affiliated
party.--An institution-affiliated party that is
substantially responsible for the condition of
the insured depository institution is liable to
the Corporation for any covered compensation
clawed back under clause (ii).
``(ii) Required clawbacks.--In the case of
insolvency or resolution of any insured
depository institution, the Corporation shall
claw back all or part of the covered
compensation received by an institution-
affiliated party during the preceding 5 years
as is necessary to prevent unjust enrichment
and assure that the party bears losses
consistent with the responsibility of the
party.
``(iii) Deposit.--Any covered compensation
clawed back under this subparagraph shall be
deposited into the Deposit Insurance Fund or
into the general fund of the Treasury.''.
SEC. 3. ORDERLY LIQUIDATION OF COVERED FINANCIAL COMPANIES.
Section 204 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5384) is amended by adding at the end the
following:
``(e) Clawback.--
``(1) Definition.--In this subsection, the term `covered
compensation' means--
``(A) salary;
``(B) bonuses;
``(C) any compensation that is granted, earned, or
vested based wholly or in part upon the attainment of
any financial reporting measure or other performance
metric;
``(D) equity-based compensation;
``(E) time- or service-based awards;
``(F) awards based on nonfinancial metrics; and
``(G) any profits realized from the buying or
selling of securities.
``(2) Clawback.--
``(A) Liability of institution-affiliated party.--
An institution-affiliated party that is substantially
responsible for the condition of a covered financial
company is liable to the Corporation for any covered
compensation clawed back under subparagraph (B).
``(B) Required clawbacks.--In the case of
insolvency or resolution of any covered financial
company, the Corporation shall claw back all or part of
the covered compensation received by an institution-
affiliated party during the preceding 5 years as is
necessary to prevent unjust enrichment and assure that
the party bears losses consistent with the
responsibility of the party.
``(C) Deposit.--Any covered compensation clawed
back under this subparagraph shall be deposited into
the Deposit Insurance Fund or into the general fund of
the Treasury.''.
SEC. 4. LIABILITY TO THE FEDERAL DEPOSIT INSURANCE CORPORATION.
The Bank Holding Company Act (12 U.S.C. 1841 et seq.) is amended by
adding at the end the following:
``SEC. 15. LIABILITY TO THE FEDERAL DEPOSIT INSURANCE CORPORATION.
``(a) In General.--Any bank holding company that has control over
an insured depository institution for which the Corporation is
appointed and acts as receiver under section 11 of the Federal Deposit
Insurance Corporation Act shall be liable to the Corporation for--
``(1) any payments from the Deposit Insurance Fund
established under section 11 of the Federal Deposit Insurance
Act to insured depositors of such insured depository
institution;
``(2) any costs incurred by the Corporation as receiver of
such insured depository institution; and
``(3) any interest on the amounts described in paragraphs
(1) and (2).
``(b) Lien Against All Assets.--
``(1) In general.--Any liability of a bank holding company
to the Corporation under subsection (a) shall be secured by a
lien on all assets of such bank holding company.
``(2) Specifications.--Any lien arising under this
subsection--
``(A) shall be deemed to be automatically
perfected;
``(B) shall have priority over all other liens,
irrespective of their date of creation or perfection;
and
``(C) may not be avoided in a proceeding under
title 11, United States Code.
``(c) Priority of Liability.--
``(1) In general.--Any liability of a bank holding company
to the Corporation under subsection (a) shall have payment
priority over all other liabilities of and interests in the
bank holding company.
``(2) Clarifying rule.--No payment shall be made to any
other creditor or shareholder of the bank holding company until
the liability to the Corporation under this section has been
paid in full.
``(d) Definitions.--In this section:
``(1) Insured depository institution.--The term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act.
``(2) Corporation.--The term `Corporation' means the
Federal Deposit Insurance Corporation.''.
<all>
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118HR2973 | MARITIME Act of 2023 | [
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]... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2973 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2973
To require the Secretary of Defense to develop, in cooperation with
allies and partners in the Middle East, an integrated maritime domain
awareness and interdiction capability, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mrs. Rodgers of Washington (for herself, Mr. Schneider, Mr. Trone, Mrs.
Wagner, Mr. Bacon, and Mr. Panetta) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Defense to develop, in cooperation with
allies and partners in the Middle East, an integrated maritime domain
awareness and interdiction capability, 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 ``Maritime Architecture and Response
to International Terrorism In the Middle East Act of 2023'' or the
``MARITIME Act of 2023''.
SEC. 2. MIDDLE EAST INTEGRATED MARITIME DOMAIN AWARENESS AND
INTERDICTION CAPABILITY.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, shall seek to build upon the historic opportunities
created by the Abraham Accords and the incorporation of Israel into the
area of responsibility of the United States Central Command to develop
a Middle East integrated maritime domain awareness and interdiction
capability for the purpose of protecting the people, infrastructure,
and territory of such countries from--
(1) manned and unmanned naval systems, undersea warfare
capabilities, and anti-ship missiles of Iran and groups
affiliated with Iran; and
(2) violent extremist organizations, criminal networks, and
piracy activities that threaten lawful commerce in the
waterways within the area of responsibility of the United
States Naval Forces Central Command.
(b) Strategy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a strategy for the
cooperation described in subsection (a).
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) An assessment of the threats posed to ally or
partner countries in the Middle East by--
(i) manned and unmanned naval systems,
undersea warfare capabilities, and anti-ship
missiles of Iran and groups affiliated with
Iran; and
(ii) violent extremist organizations,
criminal networks, and piracy activities that
threaten lawful commerce in the waterways
within the area of responsibility of the United
States Naval Forces Central Command.
(B) A description of existing multilateral maritime
partnerships currently led by the United States Naval
Forces Central Command, including the Combined Maritime
Forces (including its associated Task Forces 150, 151,
152, and 153), the International Maritime Security
Construct, and the Navy's Task Force 59, and a
discussion of the role of such partnerships in building
an integrated maritime security capability.
(C) A description of progress made in advancing the
integration of Israel into the existing multilateral
maritime partnerships described in subparagraph (B).
(D) A description of efforts among countries in the
Middle East to coordinate intelligence, reconnaissance,
and surveillance capabilities and indicators and
warnings with respect to the threats described in
subparagraph (A), and a description of any impediment
to optimizing such efforts.
(E) A description of the current Department of
Defense systems that, in coordination with ally and
partner countries in the Middle East--
(i) provide awareness of and defend against
such threats; and
(ii) address current capability gaps.
(F) An explanation of the manner in which an
integrated maritime domain awareness and interdiction
architecture would improve collective security in the
Middle East.
(G) A description of existing and planned efforts
to engage ally and partner countries in the Middle East
in establishing such an architecture.
(H) An identification of the elements of such an
architecture that may be acquired and operated by ally
and partner countries in the Middle East, and a list of
such elements for each such ally and partner.
(I) An identification of the elements of such an
architecture that may only be provided and operated by
members of the United States Armed Forces.
(J) An identification of any challenge to
optimizing such an architecture in the Middle East.
(K) An assessment of progress and key challenges in
the implementation of the strategy required by
paragraph (1) using the metrics identified in
accordance with paragraph (3).
(L) Recommendations for improvements in the
implementation of such strategy based on such metrics.
(M) An assessment of any capabilities or lessons
from the Navy's Task Force 59 that may be leveraged to
support an integrated maritime domain awareness and
interdiction capability in the Middle East.
(N) Any other matter the Secretary of Defense
considers relevant.
(3) Metrics.--The Secretary of Defense shall identify
metrics to assess progress in the implementation of the
strategy required by paragraph (1).
(4) Format.--The strategy required by paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
(c) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of establishing a
fund for an integrated maritime domain awareness and
interdiction capability to protect the people, infrastructure,
and territory of ally and partner countries in the Middle East
from--
(A) manned and unmanned naval systems, undersea
warfare capabilities, and anti-ship missiles of Iran
and groups affiliated with Iran; and
(B) violent extremist organizations, criminal
networks, and piracy activities that threaten lawful
commerce in the waterways of the Middle East.
(2) Element.--The study required by paragraph (1) shall
include an assessment of funds that could be contributed by
ally and partner countries of the United States.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate committees of Congress a report on the results
of the study conducted under paragraph (1).
(d) Protection of Sensitive Information.--Any activity carried out
under this section shall be conducted in a manner that appropriately
protects sensitive information and the national security interests of
the United States.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
<all>
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118HR2974 | Interagency Council on Affordable Housing Act of 2023 | [
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"E0002... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2974 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2974
To establish a Federal Interagency Council on Housing Affordability and
Preservation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Schiff (for himself, Ms. Clarke of New York, Mr. Carson, Mr. Carter
of Louisiana, Mr. Evans, Mr. Grijalva, Ms. Norton, and Ms. Ross)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To establish a Federal Interagency Council on Housing Affordability and
Preservation, 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 ``Interagency Council on Affordable
Housing Act of 2023''.
SEC. 2. ESTABLISHMENT.
There is established in the executive branch an independent
establishment to be known as the United States Interagency Council on
Housing Affordability and Preservation, whose mission shall be to
develop Federal policy designed to preserve and increase affordable
housing supply and increase fairness in the rental market and further
the principles of fair housing and create a national partnership at
every level of government and with the private sector to carry out such
purposes.
SEC. 3. MEMBERSHIP.
(a) Members.--The Council shall be composed of the heads of the
following agencies or offices, or the designee of such agency or office
head:
(1) Department of Housing and Urban Development.
(2) Department of Justice.
(3) Department of Labor.
(4) Department of the Treasury.
(5) Bureau of Consumer Financial Protection.
(6) Department of Health and Human Services.
(7) Department of Education.
(8) Department of Veterans Affairs.
(9) Department of Agriculture.
(10) Department of Commerce.
(11) Department of Defense.
(12) Department of Energy.
(13) Department of Homeland Security.
(14) Department of Interior.
(15) Department of Transportation.
(16) Corporation for National and Community Service.
(17) General Services Administration.
(18) Office of Management and Budget.
(19) Social Security Administration.
(20) United States Postal Service.
(21) White House Office on Faith-Based and Neighborhood
Partnerships.
(b) Chairperson.--The Council shall elect a Chairperson and a Vice
Chairperson from among its members. The positions of Chairperson and
Vice Chairperson shall rotate among its members on an annual basis.
(c) Meetings.--The Council shall meet at the call of its
Chairperson or a majority of its members, but not less often than four
times each year, and the rotation of the positions of Chairperson and
Vice Chairperson required under subsection (b) shall occur at the first
meeting of each year.
(d) Prohibition of Additional Pay.--Members of the Council shall
receive no additional pay, allowances, or benefits by reason of their
service on the Council.
(e) Administration.--The Executive Director of the Council shall
report to the Chairman of the Council.
SEC. 4. FUNCTIONS.
(a) Duties.--The Council shall--
(1) not later than 12 months after the date of the
enactment of this Act, develop, make available for public
comment, and submit to the President and to the Congress a
National Strategic Plan to Preserve Affordable Housing, and
shall update such plan annually;
(2) review all Federal activities and programs relating to
public housing, affordable housing production, affordable
housing programs, and housing voucher programs;
(3) monitor, evaluate, and recommend improvements in
programs and activities to assist affordable housing production
conducted by Federal agencies, State and local governments, and
private voluntary organizations;
(4) provide professional and technical assistance (by not
less than 5, but in no case more than 10, regional coordinators
employed by the Council, each having responsibility for
interaction and coordination of the activities of the Council
within the 10 standard Federal regions) to States, local
governments, and other public and private nonprofit
organizations, in order to enable such governments and
organizations to--
(A) interpret regulations and assist in the
application process for Federal assistance, including
grants;
(B) provide assistance on the ways in which Federal
programs may best be coordinated to complement the
objectives of this Act;
(C) develop recommendations and program ideas based
on regional specific issues in serving homeless and
low-income populations; and
(D) establish a schedule for biennial regional
workshops to be held by the Council in each of the 10
standard Federal regions to further carry out and
provide the assistance described in subparagraphs (A),
(B), and (C) and other appropriate assistance as
necessary;
(5) encourage the creation of State Interagency Councils on
Affordable Housing and the formulation of jurisdictional 10-
year plans to end homelessness at State, city, and county
levels;
(6) annually obtain from Federal agencies their
identification of consumer-oriented entitlement and other
resources for which individuals may be eligible and the
agencies' identification of improvements to ensure access;
develop mechanisms to ensure access by persons and families to
all Federal, State, and local programs for which the persons
are eligible, and to verify collaboration among entities within
a community that receive Federal funding under programs
targeted for persons experiencing homelessness, and other
affordable housing programs for which persons and families are
eligible;
(7) conduct research and evaluation related to its
functions as defined in this section;
(8) develop joint Federal agency and other initiatives to
fulfill the goals of the agency;
(9) collect and disseminate information relating to low-
income individuals;
(10) prepare the annual reports required in subsection
(c)(2);
(11) prepare and distribute to States (including State
contact persons described in section 7(a)), local governments,
and other public and private nonprofit organizations, a
bimonthly bulletin that describes the Federal resources
available to them to assist with affordable housing; and
(12) not later than 6 months after completion of the
report, convene a meeting of representatives of all Federal
agencies and committees of the House of Representatives and the
Senate having jurisdiction over any Federal program to assist
affordable housing programs or production, local and State
governments, academic researchers who specialize in
homelessness, nonprofit housing and service providers that
receive funding under any Federal program to assist homeless
individuals or families, organizations advocating on behalf of
such nonprofit providers and persons receiving housing or
services under any such Federal affordable housing program, and
persons receiving housing or services under any such Federal
program, at which meeting such representatives shall discuss
all issues relevant to the council's jurisdiction.
(b) Authority.--In carrying out subsection (a), the Council may--
(1) arrange national, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to assist in carrying out the
mission described in section 2 and pay for expenses of
attendance at meetings which are concerned with the functions
or activities for which the appropriation is made; and
(2) publish a newsletter concerning Federal, State, and
local programs that are effective in carrying out such mission.
(c) Reports.--
(1) By agencies.--Within 90 days after the date of the
enactment of this Act, and annually thereafter, the head of
each Federal agency that is a member of the Council shall
prepare and transmit to the Congress and the Council a report
that describes--
(A) each affordable housing program administered by
such agency and the number of individuals served by
such program;
(B) impediments, including any statutory and
regulatory restrictions, to the use by individuals of
each such program and to obtaining services or benefits
under each such program; and
(C) efforts made by such agency to increase the
opportunities for individuals to obtain permanent
housing, supportive services, and access to legal
services in regards to housing matters.
(2) By council.--The Council shall prepare and transmit to
the President and the Congress an annual report that--
(A) assesses the nature and extent of the problems
relating to affordable housing and the needs of low-
income individuals;
(B) provides a comprehensive and detailed
description of the activities and accomplishments of
the Federal Government in resolving the problems and
meeting the needs assessed pursuant to subparagraph
(A);
(C) describes the accomplishments and activities of
the Council, in working with Federal, State, and local
agencies and public and private organizations in order
to preserve and expand affordable housing;
(D) assesses the level of Federal assistance
necessary to adequately resolve the problems and meet
the needs assessed pursuant to subparagraph (A); and
(E) specifies any recommendations of the Council
for appropriate and necessary legislative and
administrative actions to resolve such problems and
meet such needs.
(d) Notification of Other Federal Agencies.--If, in monitoring and
evaluating programs and activities to assist in carrying out the
mission described in section 2 conducted by other Federal agencies, the
Council determines that any significant problem, abuse, or deficiency
exists in the administration of the program or activity of any Federal
agency, the Council shall submit a notice of the determination of the
Council to the Inspector General of the Federal agency (or the head of
the Federal agency, in the case of a Federal agency that has no
Inspector General).
(e) Program Timetables.-- Not later than 90 days after the date of
the enactment of this Act, the head of each Federal agency or office
that is a member of the Council and responsible for administering a
program to assist in carrying out the mission described in section 2
shall provide to the Council a timetable regarding program funding
availability and application deadlines. The Council shall furnish such
information to each State (including the State contact person described
in section 7(a)).
SEC. 5. DIRECTOR AND STAFF.
(a) Director.--The Council shall appoint an Executive Director, who
shall be compensated at a rate not to exceed the rate of basic pay
payable for level V of the Executive Schedule under section 5316 of
title 5, United States Code. The Council shall appoint an Executive
Director at the first meeting of the Council held under section 3(c).
(b) Additional Personnel.--With the approval of the Council, the
Executive Director of the Council may appoint and fix the compensation
of such additional personnel as the Executive Director considers
necessary to carry out the duties of the Council.
(c) Details From Other Agencies.--Upon request of the Council, the
head of any Federal agency may detail, on a reimbursable basis, any of
the personnel of such agency to the Council to assist the Council in
carrying out its duties under this Act.
(d) Administrative Support.--The Secretary of Housing and Urban
Development shall provide the Council with such administrative and
support services as are necessary to ensure that the Council carries
out its functions under this Act in an efficient and expeditious
manner.
(e) Experts and Consultants.--With the approval of the Council, the
Executive Director of the Council may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
SEC. 6. POWERS.
(a) Meetings.--For the purpose of carrying out this Act, the
Council may hold such meetings, and sit and act at such times and
places, as the Council considers appropriate.
(b) Delegation.--Any member or employee of the Council may, if
authorized by the Council, take any action that the Council is
authorized to take in this Act.
(c) Information.--The Council may secure directly from any Federal
agency such information as may be necessary to enable the Council to
carry out this Act. Upon request of the Chairperson of the Council, the
head of such agency shall furnish such information to the Council.
(d) Donations.--The Council may accept, use, and dispose of gifts
or donations of services or property, both real and personal, public
and private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Council.
(e) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other Federal agencies.
SEC. 7. ENCOURAGEMENT OF STATE INVOLVEMENT.
(a) State Contact Persons.--Each State shall designate an
individual to serve as a State contact person for the purpose of
receiving and disseminating information and communications received
from the Council.
(b) State Interagency Councils and Lead Agencies.--Each State is
encouraged to establish a State interagency council on housing
affordability and preservation or designate a lead agency for the State
for the purpose of assuming primary responsibility for coordinating and
interacting with the Council and State and local agencies as necessary.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Council.--The term ``Council'' means the United States
Interagency Council on Housing Affordability and Preservation
established in section 2.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551(1) of title 5,
United States Code.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$4,800,000 for each of fiscal years 2024 through 2028. Any amounts
appropriated to carry out this Act shall remain available until
expended.
<all>
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118HR2975 | ENABLE Conservation Act of 2023 | [
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"sponsor"
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"cosponsor"
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2975 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2975
To amend the Food Security Act of 1985 with respect to the conservation
reserve program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Schrier (for herself and Mr. Newhouse) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 with respect to the conservation
reserve program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Needless Administrative
Barriers Lessening Efficiency for Conservation Act of 2023'' or the
``ENABLE Conservation Act of 2023''.
SEC. 2. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985.
(a) State Acres for Wildlife Enhancement Continuous Enrollment.--
Section 1231(d)(6)(A)(i) of the Food Security Act of 1985 (16 U.S.C.
3831(d)(6)(A)(i)) is amended--
(1) in subclause (II), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(IV) land that will be enrolled
under the State acres for wildlife
enhancement initiative established by
the Secretary; and''.
(b) Acreage Limitations.--Section 1244(f)(3) of the Food Security
Act of 1985 (16 U.S.C. 3844(f)(3)) is amended by striking ``section
1231A'' and inserting ``section 1231(d)(6)''.
<all>
</pre></body></html>
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118HR2976 | Child Care for Working Families Act | [
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2976 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2976
To increase the quality and supply of child care and lower child care
costs for families.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Scott of Virginia (for himself, Ms. Wild, Ms. Bonamici, Mr. Mullin,
Mr. Sarbanes, Mrs. Watson Coleman, Ms. Pingree, Mr. Castro of Texas,
Mr. Garcia of Illinois, Mr. Casten, Ms. Brownley, Mr. Johnson of
Georgia, Mr. Swalwell, Mr. Carter of Louisiana, Ms. Schakowsky, Ms.
Norton, Mr. Landsman, Ms. Williams of Georgia, Ms. Stevens, Mr. Cohen,
Ms. Kaptur, Ms. Garcia of Texas, Mr. Keating, Ms. Titus, Ms. Underwood,
Mr. Goldman of New York, Mr. Blumenauer, Mr. Sablan, Ms. DeLauro, Mr.
Gallego, Mr. Norcross, Ms. Salinas, Ms. Velazquez, Ms. Barragan, Ms.
Jacobs, Ms. Moore of Wisconsin, Ms. DelBene, Ms. Castor of Florida, Mr.
Moulton, Ms. Leger Fernandez, Mr. Kilmer, Ms. Sewell, Mr. Gottheimer,
Mr. Allred, and Ms. Clark of Massachusetts) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To increase the quality and supply of child care and lower child care
costs for families.
Be it enacted by the Senate 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 Care for Working Families
Act''.
TITLE I--CHILD CARE AND EARLY LEARNING PROGRAM
SEC. 101. BIRTH THROUGH FIVE CHILD CARE AND EARLY LEARNING PROGRAM.
(a) Child Care Definitions.--The definitions in section 658P of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)
shall apply to this section, except as provided in subsection (b) and
as otherwise specified.
(b) Additional Definitions.--In this section:
(1) Child care certificate.--
(A) In general.--The term ``child care
certificate'' means a certificate (that may be a check
or other disbursement) that is issued by a State,
Tribal, territorial, or local government under this
section directly to a parent who shall use such
certificate only as payment for child care services or
as a deposit for child care services if such a deposit
is required of other children being cared for by the
provider.
(B) Rule.--Nothing in this section shall preclude
the use of such certificates for sectarian child care
services if freely chosen by the parent. For the
purposes of this section, child care certificates shall
be considered indirect Federal financial assistance to
the provider.
(2) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(3) Eligible activity.--The term ``eligible activity'',
with respect to a parent, shall include, at minimum, activities
consisting of--
(A) full-time or part-time employment;
(B) self-employment;
(C) job search activities;
(D) job training;
(E) secondary, postsecondary, or adult education,
including education through a program of high school
classes, a course of study at an institution of higher
education, classes towards an equivalent of a high
school diploma recognized by State law, or English as a
second language classes;
(F) health treatment (including mental health and
substance use treatment) for a condition that prevents
the parent from participating in other eligible
activities;
(G) activities to prevent child abuse and neglect,
or family violence prevention or intervention
activities;
(H) employment and training activities under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.); and
(I) taking leave under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.) (or equivalent
provisions for Federal employees), a State or local
paid or unpaid leave law, or a program of employer-
provided leave.
(4) Eligible child.--
(A) In general.--The term ``eligible child'' means
an individual--
(i) who is less than 6 years of age;
(ii) who is not yet in kindergarten; and
(iii) who--
(I) resides with a parent or
parents who are participating in an
eligible activity;
(II) is included in a population of
vulnerable children identified by the
lead agency involved, which at a
minimum shall include children with
disabilities, infants and toddlers with
disabilities, children experiencing
homelessness, children in foster care,
children in kinship care, children in a
family that is eligible for assistance
through the special supplemental
nutrition program for women, infants,
and children established by section 17
of the Child Nutrition Act of 1966 (42
U.S.C. 1786), a household that is
eligible to receive assistance through
the supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), or a family that is eligible to
receive assistance through the program
of block grants to States for temporary
assistance for needy families
established under part A of title IV of
the Social Security Act (42 U.S.C. 601
et seq.), and children who are
receiving, or need to receive, child
protective services; or
(III) resides with--
(aa) a parent who is more
than 65 years of age;
(bb) a parent who is
employed by an eligible child
care provider; or
(cc) a parent who is
enrolled in high school and has
not exceeded the maximum age of
enrollment in high school.
(B) Longer-term period eligibility.--An individual
who is determined to be an eligible child, and is a
child in foster care or a child experiencing
homelessness, shall not be required to reverify
eligibility for purposes of this title during the
period after the determination and before the
individual becomes 6 years of age or enters
kindergarten, whichever occurs earlier.
(5) Eligible child care provider.--
(A) In general.--The term ``eligible child care
provider'' means a center-based child care provider, a
family child care provider, or other provider of child
care services for compensation that--
(i) is licensed to provide child care
services under State law applicable to the
child care services it provides or, in the case
of an Indian Tribe or Tribal organization,
meets the rules set by the Secretary;
(ii) participates in the State's tiered
system for recognizing and supporting the
quality of child care services described in
subsection (f)(3)(B), or, in the case of an
Indian Tribe or Tribal organization, meets the
rules set by the Secretary--
(I) not later than 4 years after
the State first receives funds under
this section; and
(II) for the remainder of the
period for which the provider receives
funds under this section; and
(iii) satisfies the State and local
requirements, including those requirements
described in section 658E(c)(2)(I) of the Child
Care and Development Block Grant Act of 1990
(42 U.S.C. 9858c(c)(2)(I)), applicable to the
child care services it provides.
(B) Special rule.--A child care provider who is
eligible to provide child care services in a State for
children receiving assistance under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et
seq.) on the date the State submits an application for
funds under this section, and remains in compliance
with any licensing or registration standards, or
regulations, of the State, shall be deemed to be an
eligible child care provider under this section for 3.5
years after the State first receives funding under this
section.
(6) FMAP.--The term ``FMAP'' has the meaning given the term
``Federal medical assistance percentage'' in the first sentence
of section 1905(b) of the Social Security Act (42 U.S.C.
1396d(b)).
(7) Family child care provider.--The term ``family child
care provider'' means one or more individuals who provide child
care services, in a private residence other than the residences
of the children involved, for less than 24 hours per day per
child, or for 24 hours per day per child due to the nature of
the work of the parent involved.
(8) Inclusive care.--The term ``inclusive'', with respect
to care (including child care), means care provided by an
eligible child care provider--
(A) for whom the percentage of children served by
the provider who are children with disabilities or
infants or toddlers with disabilities reflects the
prevalence of children with disabilities and infants
and toddlers with disabilities (whichever the provider
serves) among children within the State involved; and
(B) that provides care and full participation for
children with disabilities and infants and toddlers
with disabilities (whichever the provider serves)
alongside children who are--
(i) not children with disabilities; and
(ii) not infants and toddlers with
disabilities.
(9) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(10) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(11) Lead agency.--The term ``lead agency'' means the
agency designated under subsection (e).
(12) Provider type.--The term ``provider type'' means a
type that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
(13) Staffed family child care network.--The term ``staffed
family child care network'' means a nonprofit organization--
(A) that may be a component of a child care
resource and referral organization;
(B) that has at least one paid staff member; and
(C) that offers evidence-based professional
development, quality improvement support, business
support, and technical assistance, including on
achieving licensure as a child care provider, to family
child care providers.
(14) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(15) Territory.--The term ``territory'' means the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(c) Appropriations.--
(1) Entitlement.--In addition to amounts otherwise
available, there is appropriated to the Department of Health
and Human Services, out of any money in the Treasury not
otherwise appropriated, such sums as may be necessary for each
of fiscal years 2024 through 2029, for payments to States,
territories, and Indian Tribes and Tribal organizations, and
for carrying out this section (other than carrying out
activities described in paragraph (2) or (3)).
(2) Grants to localities; awards to head start agencies.--
In addition to amounts otherwise available, there is
appropriated to the Department of Health and Human Services for
fiscal year 2024, out of any money in the Treasury not
otherwise appropriated, $20,000,000,000, to remain available
until September 30, 2029, to carry out the programs of grants
to localities and awards to Head Start agencies described in
subsection (i).
(3) Federal administration.--In addition to amounts
otherwise available, there is appropriated to the Department of
Health and Human Services for fiscal year 2024, out of any
money in the Treasury not otherwise appropriated,
$1,300,000,000, to remain available until September 30, 2029,
to carry out subsections (k) and (l).
(d) Establishment of Birth Through Five Child Care and Early
Learning Entitlement Program.--
(1) In general.--The Secretary is authorized to administer
a child care and early learning entitlement program under which
an eligible child, in a State, territory, or Indian Tribe, or
served by a Tribal organization with an approved application
under subsection (f) or (g), shall be provided an opportunity
to obtain high-quality child care services, subject to the
requirements of this section.
(2) Assistance for every eligible child.--Beginning on
October 1, 2024, every child who applies for assistance under
this section, who is in a State with an approved application
under subsection (f), or in a territory or Indian Tribe or
served by a Tribal organization with an approved application
under subsection (g), and who is determined, by a lead agency
(or other entity designated by a lead agency) for the State,
territory, Indian Tribe, or Tribal organization involved,
following standards and procedures established by the Secretary
by rule, to be an eligible child, shall be offered and shall be
entitled to receive assistance for direct child care services
in accordance with and subject to the requirements and
limitations of this section.
(e) Lead Agency.--The Governor of a State or the head of a
territory or Indian Tribe, desiring for the State, territory, or Indian
tribe or a related tribal organization to receive a payment under this
section, shall designate a lead agency (such as a State agency or joint
interagency office) to administer the child care program carried out
under this section.
(f) Applications and State Plans.--
(1) Application.--To be eligible to receive assistance
under this section, a State shall prepare and submit to the
Secretary for approval an application containing a State plan
that meets the requirements under paragraph (3) and contains
that information.
(2) Period covered by plan.--A State plan contained in the
application shall be designed to be implemented during a period
of not more than 3 years.
(3) Requirements for state plans.--The Secretary shall
award funds under this section to States with an approved
application that contains a State plan, submitted under
paragraph (1), at such time, in such manner, and containing
such information as the Secretary shall by rule require,
including, at a minimum, the following:
(A) Payment rates and cost estimation.--
(i) Payment rates.--The State plan shall
certify that payment rates for the provision of
direct child care services for which assistance
is provided in accordance with this section for
the period covered by the plan, within 3 years
after the State first receives funds under this
section--
(I) will be sufficient to meet the
cost of child care (including fixed
costs such as rent or mortgage and
salaries), and set (with pay being
paid) in accordance with a cost
estimation model or cost study
described in clause (ii) that is
approved by the Secretary; and
(II) will correspond to differences
in quality (including improved quality)
based on the State's tiered system for
recognizing and supporting the quality
of child care services described in
subparagraph (B).
(ii) Cost estimation.--Such State plan
shall--
(I) demonstrate that the State has,
after consulting with the entities and
administrators described in subclause
(II), developed and uses a
statistically valid and reliable cost
estimation model or cost study for the
payment rates for direct child care
services in the State (that are
sufficient to cover providers' fixed
costs and take into account payments
made through BASE grants under title
II), for the cost of child care at each
of the tiers of the State's tiered
system for recognizing and supporting
the quality of child care services
described in subparagraph (B), and for
variations in the cost of direct child
care services by geographic area,
provider type, and age of child, and
the additional costs associated with
providing inclusive care;
(II) certify that the entities and
administrators consulted included the
State Advisory Council on Early
Childhood Education and Care designated
or established in section
642B(b)(1)(A)(i) of the Head Start Act
(42 U.S.C. 9837b(b)(1)(A)(i))
(including State Head Start
collaboration office directors),
administrators of local child care
programs and Head Start agencies,
organizations representing child care
directors, teachers, and other staff,
local child care resource and referral
organizations, organizations
representing parents of children with
disabilities and parents of infants and
toddlers with disabilities, the State
interagency coordinating council
established under section 641 of the
Individuals with Disabilities Education
Act (20 U.S.C. 1441), the State
advisory panel established under
section 612(a)(21) of the Individuals
with Disabilities Education Act (20
U.S.C. 1412(a)(21)), and other
appropriate entities;
(III) certify that the State--
(aa) not later than 30 days
after finalizing the cost
estimation model or cost study,
published a detailed report
containing the child care costs
estimated with the cost
estimation model or cost study,
and including an explanation
detailing how the wage
requirements described in
subclause (IV)(cc) were applied
in the estimation of such
costs; and
(bb) not later than 60 days
after publishing the report,
established a system to receive
public comment on the report
about making changes to the
cost estimation model or cost
study, provided an opportunity
for the public to comment on
the report through that system,
and submitted the report to the
Secretary; and
(IV) certify that the State's
payment rates for direct child care
services for which assistance is
provided in accordance with this
section--
(aa) are set (with pay
being paid) in accordance with
the most recent estimates from
the most recent cost estimation
model or cost study under
subclause (I), so that
providers at each tier of the
tiered system for recognizing
and supporting the quality of
child care services described
in subparagraph (B) receive a
payment that is sufficient to
fully meet the requirements of
such tier;
(bb) are set so as to
provide payments to providers
not at the top tier of the
tiered system that are
sufficient to enable the
providers to increase quality
to meet the requirements for
the next tier;
(cc) ensure adequate wages
for staff of child care
providers providing such direct
child care services that--
(AA) at a minimum,
provide a living wage
for all staff of such
child care providers;
and
(BB) are equivalent
to wages for elementary
educators with similar
credentials and
experience in the
State; and
(dd) are adjusted on an
annual basis for cost-of-living
increases to ensure those
payment rates remain sufficient
to meet the requirements of
this section;
(V) certify that the State will
update, not less often than once every
3 years, the cost estimation model or
cost study, following the process and
in accordance with the requirements of
this subparagraph; and
(VI) certify that the State has
established a system for appeals of the
child care costs estimated with the
cost estimation model or cost study.
(iii) Payment practices.--Such State plan
shall include an assurance that the State will
implement payment practices that support the
fixed costs of providing direct child care
services.
(B) Tiered system for recognizing and supporting
the quality of child care services.--Such State plan
shall certify that the State has implemented, or assure
that the State will develop or revise within 3 years
after first receiving funds under this section, with
input (from early childhood education and development
experts, from a diverse group of child care providers
of a variety of provider types, from families, and from
organizations representing child care directors,
teachers, and other staff), a tiered system for
recognizing and supporting the quality of child care
services for which assistance is made available under
this section, and that are inclusive and appropriate
for such child care providers. Such tiered system
shall--
(i) include a set of standards, for
determining the tier of quality of a child care
provider, that--
(I) uses standards for a highest
tier that at a minimum are equivalent
to Head Start program performance
standards described in section
641A(a)(1)(B) of the Head Start Act (42
U.S.C. 9836a(a)(1)(B)) or other
equivalent evidence-based standards
approved by the Secretary;
(II) includes quality indicators
and thresholds that are appropriate for
child development for different types
of provider types, including center-
based child care providers and family
child care providers, and are
appropriate for providers serving
different age groups (including mixed
age groups) of children; and
(III) aligns standards for the
lowest tier with State licensing
requirements for child care providers
described in subparagraph (K);
(ii) include a different set of standards
that includes indicators, when appropriate, for
care during nontraditional hours of operation;
and
(iii) provide for sufficient resources and
supports for child care providers at tiers
lower than the highest tier to facilitate
progression toward meeting higher quality
standards.
(C) Achieving high quality for all children.--Such
State plan shall certify the State has implemented, or
will implement within 3 years after first receiving
funds under this section, policies and financing
practices that will ensure all eligible children can
choose to attend child care with services at the
highest quality tier within 10 years after the date of
enactment of this Act.
(D) Number and percentage of providers at each
tier.--Such plan shall provide information on the
number and percentage of eligible child care providers
with services at each tier of the State's tiered system
for recognizing and supporting the quality of child
care services described in subparagraph (B), in total
and disaggregated by geographic area, by provider race
and ethnicity, and by race and ethnicity and age of the
children served, unless the disaggregation involved
would reveal personally identifiable information about
an individual provider or child.
(E) Compensation.--Such plan shall provide a
certification that the State has or will have within 3
years after first receiving funds under this section, a
wage ladder for staff of eligible child care providers
receiving assistance under this section, including a
certification that wages for such staff, at a minimum,
will meet the requirements of subparagraph
(A)(ii)(IV)(cc).
(F) Sliding fee scale for copayments.--
(i) In general.--Except as provided in
clause (ii)(I), the State plan shall provide an
assurance that the State will for the period
covered by the plan use a sliding fee scale,
which shall gradually increase copayments as a
percentage of family income for families with
greater family incomes as described in clause
(ii), to determine a copayment for a family
receiving assistance under this section (or,
for a family receiving part-time care, a
reduced copayment that is the proportionate
amount of the full copayment).
(ii) Sliding fee scale.--A full copayment
described in clause (i) shall be determined
using a sliding fee scale that provides that,
for a family with a family income--
(I) of not more than 85 percent of
State median income for a family of the
same size, the family shall not pay a
copayment, toward the cost of the child
care involved for all eligible children
in the family;
(II) of more than 85 percent but
not more than 100 percent of State
median income for a family of the same
size, the copayment shall be more than
0 but not more than 2 percent of that
family income, toward such cost for all
such children;
(III) of more than 100 percent but
not more than 125 percent of State
median income for a family of the same
size, the copayment shall be more than
2 but not more than 4 percent of that
family income, toward such cost for all
such children;
(IV) of more than 125 percent but
not more than 150 percent of State
median income for a family of the same
size, the copayment shall be more than
4 but not more than 7 percent of that
family income, toward such cost for all
such children; and
(V) of more than 150 percent of the
State median income for a family of the
same size, the copayment shall be 7
percent of that family income, toward
such cost for all such children.
(G) Prohibition on charging more than copayment.--
The State plan shall certify that, after the State
develops and uses the cost estimation model or cost
study described in subparagraph (A)(ii), the State will
not permit a child care provider receiving financial
assistance under this section to charge, for direct
child care services for an eligible child, more than
the total of--
(i) the financial assistance provided for
the child under this section; and
(ii) any applicable copayment pursuant to
subparagraph (F).
(H) Reduction of barriers.--The State plan shall
assure that each child who receives assistance under
this section will be considered to meet all eligibility
requirements for such assistance, and will receive such
assistance, for not less than 12 months unless the
child has aged out of the program, and the child's
eligibility determination and redetermination,
including any determination based on the State's
definition of eligible activities, shall be implemented
in a manner that supports child well-being and reduces
barriers to enrollment, including continuity of
services.
(I) Policies to support access to child care for
underserved populations.--The State plan shall
demonstrate that the State will prioritize increasing
access to, and the quality and the supply of, child
care in the State for underserved populations,
including at a minimum, children from low-income
families, children in underserved areas, infants and
toddlers, children with disabilities and infants and
toddlers with disabilities, children who are dual
language learners, children experiencing homelessness,
children in foster or kinship care, children who
receive care during nontraditional hours, and
vulnerable children as defined by the lead agency
pursuant to subsection (b)(4)(A)(iii)(II).
(J) Policies.--The State plan shall include a
certification that the State will apply, under this
section, the policies and procedures described in
subparagraphs (A), (B), (I), (J), (K)(i), (R), and (U)
of section 658E(c)(2) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)), and
the policies and procedures described in section 658H
of such Act (42 U.S.C. 9858f), to child care services
provided under this section.
(K) Licensing.--
(i) Consultation.--The State plan shall
demonstrate that the State has consulted or
will consult with organizations (including
labor organizations and child care and early
learning organizations) representing eligible
child care providers (including family child
care providers), child care associations, child
care directors, teachers, or other staff
(including directors, teachers, or staff from
child care providers serving higher proportions
of underserved populations as identified under
subparagraph (I)), early childhood education
and development experts, maternal and child
health experts, and families in the development
of licensing standards described in this
subparagraph, including identifying barriers to
such licensing for child care providers who are
exempt from such licensing under the Child Care
and Development Block Grant of 1990 (42 U.S.C.
9857 et seq.).
(ii) Licensing standards.--
(I) In general.--The State plan
shall certify that the State will
develop or revise, within 2.5 years
after first receiving funds under this
section, licensing standards
appropriate for child care providers of
a variety of provider types and
provider sizes (which may, when
appropriate, include a different set of
licensing standards with respect to
care during nontraditional hours of
operation) and a pathway to licensure
described in this clause that is
available to and appropriate for such
child care providers, that will offer
providers eligible under the Child Care
and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.) a reasonable
pathway to become eligible providers
under this section, and that will
assure an adequate supply of child
care.
(II) Determination.--For purposes
of subclause (I), provider size shall
be determined by measuring the number
of children served by the provider.
(iii) Timeline.--Such plan shall describe
the timeline the State will use to ensure
sufficient time for providers described in
subsection (b)(5)(B) to comply with such
licensing standards in order to remain eligible
providers after 3.5 years after the State first
receives funding under this section.
(iv) Financial support for providers.--Such
plan shall describe how the State will use
funds reserved under subsection (h)(3)(A) to
enable a variety of provider types to achieve
licensure, including paying for the costs of
required background checks, health screening,
and initial and ongoing training, and other
costs associated with achieving licensure.
(L) Prohibition on suspensions, expulsions, and
aversive behavioral interventions.--The State plan
shall provide an assurance that the State will--
(i) provide assistance to carry out this
section only to eligible child care providers
that prohibit--
(I) the use of suspension and
expulsion of children; and
(II) the use of aversive behavioral
interventions; and
(ii) provide training resources to eligible
child care providers and information to
families to support the prohibition of
practices described in subclauses (I) and (II)
of clause (i).
(M) Multitiered systems of support.--The State plan
shall provide an assurance that the State will provide
assistance to eligible child care providers to
implement multitiered systems of support such as
systems with positive behavioral interventions and
supports, infant and early childhood mental health
consultation and trauma-informed care that promote
positive social and emotional development and reduce
challenging behaviors.
(N) Enrollment practices.--
(i) In general.--The State plan shall
describe how the lead agency will ensure that
families have access to a low-barrier
enrollment (including re-enrollment) process
that is accessible to and minimizes burdens for
families with diverse characteristics, by
implementing activities such as allowing for
simplified enrollment for siblings,
coordinating with other State agencies to
streamline enrollment processes across public
assistance programs, requiring minimal
paperwork, allowing for enrollment through a
State or local website, and providing flexible
submission deadlines.
(ii) Definition.--In this subparagraph, the
term ``family with diverse characteristics''
includes families with adults with
disabilities, with children with disabilities,
or with infants and toddlers with disabilities,
families experiencing homelessness, families
with limited access to internet connectivity,
families living in rural areas, families of
dual language learners, and families with
children in underserved populations identified
under subparagraph (I).
(O) Implementation for low-income families.--The
State plan shall include a certification that the
applicant, not later than October 1, 2024, will provide
assistance described in subsection (d)(2) to every
child in the State who is described in that subsection,
and is from a family with a family income of not more
than 85 percent of the State median income for a family
of the same size, before the applicant expands the
program involved to provide such assistance to children
from additional families.
(g) Payments.--
(1) In general.--For each of fiscal years 2024 through
2029:
(A) Child care assistance for eligible children.--
(i) In general.--The Secretary shall pay to
each State with an approved application under
subsection (f), and that State shall be
entitled to, an amount for each quarter equal
to 90 percent of expenditures (which shall be
the Federal share of such expenditures) in the
quarter for direct child care services
described under subsection (h)(2) for eligible
children.
(ii) Exception.--Funds reserved from the
total under subsection (h)(3) shall be subject
to subparagraph (B).
(iii) Prohibition.--Activities described in
subparagraph (B) or (C) may not be included in
the cost of direct child care services
described in this subparagraph.
(B) Activities to improve the quality and supply of
child care services.--The Secretary shall pay to each
State with such an approved application, and that State
shall be entitled to, the FMAP of expenditures (which
shall be the Federal share of such expenditures) to
carry out activities to improve the quality and supply
of child care services under subsection (h)(3) subject
to the limit specified in subparagraph (A) of such
subsection.
(C) Administration.--The Secretary shall pay to
each State with such an approved application, and that
State shall be entitled to, an amount equal to 50
percent of expenditures (which shall be the Federal
share of such expenditures) for the costs of
administration incurred by the State--
(i) which shall include costs incurred by
the State in carrying out the child care
program established in this section; and
(ii) which may include, at the option of
the State, costs associated with carrying out
requirements, policies, and procedures
described in section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858f).
(2) Advance payment; retrospective adjustment.--For each of
fiscal years 2024 through 2029, the Secretary shall make
payments under this subsection for a period on the basis of
advance estimates of expenditures submitted by the State and
such other investigation as the Secretary may find necessary,
and shall reduce or increase the payments as necessary to
adjust for any overpayment or underpayment for previous
periods. No interest shall be charged or paid on any amount due
because of an overpayment or underpayment for previous periods.
(3) Territories and tribes.--
(A) In general.--For each of fiscal years 2024
through 2029, from amounts appropriated under
subsection (c)(1) the Secretary shall make payments to
territories, and Indian Tribes and Tribal
organizations, as the case may be, with applications
submitted as described in subparagraph (B), and
approved by the Secretary for the purpose of carrying
out the child care program described in this section,
consistent, to the extent practicable as determined by
the Secretary (subject to subsection (d)(2)), with the
requirements applicable to States.
(B) Applications.--
(i) Tribal applications.--An Indian Tribe
or Tribal organization seeking a payment under
this paragraph shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary
may specify, including--
(I) a certification described in
subsection (f)(3)(O), except that each
reference in the subsection to ``child
in the State'' shall be considered to
be a reference to ``child served by the
Indian Tribe or Tribal organization, as
the case may be,''; and
(II) an agreement to collect data
and provide reports under subsection
(n).
(ii) Territorial applications.--A territory
seeking a payment under this paragraph shall
submit an application to the Secretary at such
time, in such manner, and containing such
information as the Secretary may specify,
including--
(I) a certification described in
subsection (f)(3)(O), except that each
reference in the subsection to ``child
in the State'' shall be considered to
be a reference to ``child in the
territory''; and
(II) an agreement to collect data
and provide reports under subsection
(n).
(C) Amount.--The Secretary shall make the payments
to the territories, Indian Tribes, and Tribal
organizations described in subparagraph (A) on the
basis of their relative need. Each entity that is such
a territory, Indian Tribe, or Tribal organization shall
be entitled to such a payment as may be necessary to
carry out the activities described in subsection (h),
and to pay for the costs of administration incurred by
the entity, which shall include costs incurred by the
entity in carrying out the child care program, and
which may include, at the option of the entity, costs
associated with carrying out requirements, policies,
and procedures described in section 658H of the Child
Care and Development Block Grant Act of 1990.
(h) Use of Funds.--
(1) In general.--Starting on October 1, 2024, a State shall
use amounts provided to the State under subsection (g) for
direct child care services (provided on a sliding fee scale
basis), activities to improve the quality and supply of child
care services consistent with paragraph (3), and State
administration consistent with subsection (g)(1)(C).
(2) Child care assistance for eligible children.--
(A) In general.--For each of fiscal years 2024
through 2029, from payments made to the State under
subsection (g) for that particular fiscal year, the
State shall ensure that parents of eligible children
can access direct child care services provided by an
eligible child care provider under this section through
a grant or contract as described in subparagraph (B) or
a certificate as described in subparagraph (C).
(B) Grants and contracts.--The State shall award
grants or contracts to eligible child care providers,
consistent with the requirements under this section,
for the provision of child care services for eligible
children under this section that, at a minimum, support
providers' operating expenses to meet and sustain
health, safety, quality, and wage standards required
under this section.
(C) Certificates.--The State shall issue a child
care certificate directly to a parent who shall use
such certificate only as payment for direct child care
services or as a deposit for direct child care services
if such a deposit is required of other children being
cared for by the provider, consistent with the
requirements under this section.
(3) Activities to improve the quality and supply of child
care services.--
(A) Quality child care activities.--
(i) Amount.--For each of fiscal years 2024
through 2029, from the total of the payments
made to the State for a particular fiscal year,
the State shall reserve and use a quality child
care amount equal to not less than 5 percent
and not more than 10 percent of the amount made
available to the State through such payments
for the previous fiscal year.
(ii) Use of quality child care amount.--
Each State shall use the quality child care
amount described in clause (i) to implement
activities described in this paragraph to
improve the quality and supply of child care
services by eligible child care providers, and
increase the number of available slots in the
State for child care services funded under this
section, prioritizing assistance for child care
providers who are in underserved communities
and who are providing, or are seeking to
provide, child care services for underserved
populations identified under subsection
(f)(3)(I).
(iii) Administration.--Activities funded
under this paragraph may be administered--
(I) directly by the lead agency; or
(II) through other State government
agencies, local or regional child care
resource and referral organizations,
community development financial
institutions, other intermediaries with
experience supporting child care
providers, or other appropriate
entities that enter into a contract
with the State to provide such
assistance.
(B) Quality and supply activities.--Activities
funded under the quality child care amount described in
subparagraph (A) shall include each of the following:
(i) Startup grants and supply expansion
grants.--
(I) In general.--From a portion of
the quality child care amount, a State
shall make startup and supply expansion
grants to support child care providers
who are providing, or seeking to
provide, child care services to
children receiving assistance under
this section, with priority for
providers providing or seeking to
provide child care in underserved
communities and for underserved
populations identified under subsection
(f)(3)(I), to--
(aa) support startup and
expansion costs; and
(bb) assist such providers
in meeting health and safety
requirements, achieving
licensure, conducting
background checks, and meeting
requirements in the State's
tiered system for recognizing
and supporting the quality of
child care services described
in subsection (f)(3)(B).
(II) Requirement.--As a condition
of receiving a startup or supply
expansion grant under this clause, a
child care provider shall commit to
meeting the requirements of an eligible
provider under this section, and
providing child care services to
children receiving assistance under
this section on an ongoing basis.
(ii) Quality grants.--From a portion of the
quality child care amount, a State shall
provide quality grants to support eligible
child care providers in providing child care
services to children receiving assistance under
this section to improve the quality of such
providers, including--
(I) supporting such providers in
meeting or making progress toward the
requirements for the highest tier of
the State's tiered system for
recognizing and supporting the quality
of child care services described in
subsection (f)(3)(B); and
(II) supporting such providers in
sustaining child care quality,
including supporting increased wages
for staff and supporting payment of
fixed costs.
(iii) Facilities grants.--From a portion of
the quality child care amount, a State shall
provide support, including through awarding
facilities grants, for an activity (referred to
in this subparagraph as a ``covered activity'')
consisting of remodeling, renovation, or repair
of a building or facility, or for construction,
permanent improvement, or major renovation of a
building or facility primarily used for
providing direct child care services, in
accordance with the following:
(I) Recipients.--The facilities
grants shall be awarded to eligible
child care providers with submitted or
approved applications under subsection
(f) or (g) or to intermediaries with
experience supporting child care
providers in order to enable the
intermediaries to assist such eligible
child care providers with covered
activities.
(II) Eligibility.--To be eligible
to receive funds through a facilities
grant under this clause, a child care
provider shall enter into an agreement
with the State in which the provider
commits to use the funds only after
obtaining approval of an application
under subsection (f) or (g) and commits
to provide child care services to
children receiving assistance under
this section on an ongoing basis.
(III) Federal interest
application.--Provisions of Federal law
relating to a Federal interest in a
building or facility shall not apply to
a covered activity for privately owned
family child care homes under this
clause.
(IV) Federal interest duration.--
The Secretary shall not retain a
Federal interest after a period of 10
years in any building, or facility, at
which a covered activity was carried
out with funds awarded under this
clause.
(V) Religious buildings and
facilities.--Eligible child care
providers may not use funds for
buildings or facilities that are used
primarily for sectarian instruction or
religious worship.
(VI) Family child care homes.--The
Secretary shall develop parameters on
the use of funds under this clause for
family child care homes.
(iv) State activities to improve the
quality of child care services.--A State shall
use a portion of the quality child care amount
to improve the quality of child care services
available under this section, which shall
include--
(I) supporting the training and
professional development of the early
childhood workforce, including
supporting degree attainment and
credentialing for early childhood
educators;
(II) developing, implementing, or
revising the State's tiered system for
recognizing and supporting the quality
of child care services described in
subsection (f)(3)(B);
(III) improving the supply and
quality of developmentally appropriate
and inclusive child care programs and
services for underserved populations
identified under subsection (f)(3)(I);
(IV) improving access to child care
services for vulnerable children as
defined by the lead agency pursuant to
subsection (b)(4)(A)(iii)(II);
(V) providing outreach and
enrollment support for families of
eligible children;
(VI) supporting eligible child care
providers to eliminate use of
suspensions, expulsions, and aversive
behavioral interventions, including
through adaptations and interventions
by special educators, mental health
consultants, and other community
resource personnel, such as behavior
coaches, psychologists, and other
appropriate specialists, and through
the provision of mental health services
for the providers;
(VII) promoting multitiered systems
of support such as systems with
positive behavioral interventions and
supports and trauma-informed care that
promote positive social and emotional
development and reduce challenging
behaviors;
(VIII) offering training, coaching,
or professional development
opportunities for eligible child care
providers that relate to the use of
evidence-based, developmentally
appropriate and age-appropriate
strategies to promote the social,
emotional, physical, adaptive,
communication, and cognitive
development of children;
(IX) improving coordination between
States and local governments with
respect to licensing and other
regulatory requirements for eligible
child care providers;
(X) increasing interrater
reliability concerning licensing
inspections or other evaluations of
eligible child care providers by
training licensing inspectors of the
providers and providing such inspectors
with additional professional
development;
(XI) identifying and eliminating
barriers to licensure of eligible child
care providers, such as through
reducing fees for background checks,
translating licensing regulations into
languages other than English, and
collaborating with housing agencies or
local governments; and
(XII) establishing or supporting a
system of local or regional child care
resource and referral organizations
that is coordinated, to the extent
determined appropriate by the State, by
a statewide public or private
nonprofit, community-based or
regionally based, lead child care
resource and referral organization, as
described in section 658E(c)(3)(B)(iii)
of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C.
9858c(c)(3)(B)(iii)).
(v) Technical assistance.--From a portion
of the quality child care amount described in
subparagraph (A), the State, in coordination
with local governments and staffed family child
care networks as appropriate, shall provide
technical assistance to increase the supply of
eligible child care providers in the State,
such as--
(I) providing business startup
support;
(II) conducting outreach to recruit
new child care providers and inform
such providers about the opportunities
provided under this title, including
support for participation in the tiered
system for recognizing and supporting
the quality of child care services
described in subsection (f)(3)(B);
(III) providing support to enable
providers to achieve licensure
(including providing support for child
care providers operating legally
without a child care license to obtain
such license, such as providing, for
individuals seeking a child care
license, pre-licensing orientation and
technical assistance throughout the
child care licensing process);
(IV) offering orientations for new
child care providers including
orientations explaining support under
programs such as the child and adult
care food program established under
section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1766); and
(V) supporting the development of
shared service models for child care
programs.
(i) Grants to Localities and Awards to Head Start Programs.--
(1) Eligible locality defined.--In this subsection, the
term ``eligible locality'' means a city, county, or other unit
of general local government.
(2) Grants to localities.--
(A) In general.--The Secretary shall use funds
appropriated under subsection (c)(2) to award local
Birth Through Five Child Care and Early Learning
Grants, as determined by the Secretary, to eligible
localities located in States that have not received
payments under subsection (g). The Secretary shall
award the grants to eligible localities in such a State
from the allotment made for that State under
subparagraph (B).
(B) Allotments.--
(i) Poverty line defined.--In this
subparagraph, the term ``poverty line'' means
the poverty line defined and revised as
described in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(ii) General authority.--For each State
described in subparagraph (A), the Secretary
shall allot for the State for a fiscal year an
amount that bears the same relationship to the
funds appropriated under subsection (c)(2) and
available to carry out this paragraph for the
fiscal year as the number of children from
families with family incomes that are at or
below 200 percent of the poverty line, and who
are under the age of 6, in the State bears to
the total number of all such children in all
States described in subparagraph (A).
(C) Application.--To receive a grant from the
corresponding State allotment under subparagraph (B),
an eligible locality shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may require. The
requirements for the application shall, to the greatest
extent practicable, be consistent with the State plan
requirements applicable to States under subsection (f).
(D) Requirements.--The Secretary shall specify the
requirements for an eligible locality to provide access
to child care, which child care requirements shall, to
the greatest extent practicable, be consistent with the
requirements applicable to States under this section.
(E) Recoupment of unused funds.--Notwithstanding
any other provision of this section, for each of fiscal
years 2025 through 2029, the Secretary shall have the
authority to recoup any unused funds allotted under
subparagraph (B) for awards under paragraph (3)(A) to
Head Start agencies in accordance with paragraph (3).
(3) Head start expansion in nonparticipating states.--
(A) In general.--The Secretary shall use funds
appropriated under subsection (c)(2) or recouped under
paragraph (2) to make awards to Head Start agencies in
a State described in paragraph (2)(A) to carry out the
purposes of the Head Start Act (42 U.S.C. 9831 et seq.)
in such State.
(B) Rule.--For purposes of carrying out the Head
Start Act in circumstances not involving awards under
this paragraph, funds awarded under subparagraph (A)
shall not be included in the calculation of a ``base
grant'' as such term is defined in section 640(a)(7)(A)
of the Head Start Act (42 U.S.C. 9835(a)(7)(A)).
(C) Definition.--In this paragraph, the term ``Head
Start agency'' means an entity designated or eligible
to be designated as a Head Start agency under section
641(a)(1) of the Head Start Act (42 U.S.C. 9836(a)(1))
or as an Early Head Start agency (by receiving a grant)
under section 645A(a) of such Act (42 U.S.C. 9840a).
(4) Priority for serving underserved populations.--In
making determinations to award a grant or make an award under
this subsection, the Secretary shall give priority to entities
serving a high percentage of individuals from underserved
populations identified under subsection (f)(3)(I).
(j) Program Requirements.--
(1) Nondiscrimination.--The following provisions of law
shall apply to any program or activity that receives funds
provided under this section:
(A) Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.).
(B) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(C) Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794).
(D) The Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(2) Prohibition on additional eligibility requirements.--No
individual shall be determined, by the Secretary, a State, or
another recipient of funds under this section, to be ineligible
for child care services provided under this section, except on
the basis of eligibility requirements specified in or under
this section.
(3) Maintenance of effort.--
(A) In general.--A State that receives payments
under this section for a fiscal year, in using the
funds made available through the payments, shall
maintain the expenditures of the State for child care
services at the average level of such expenditures by
the State for the 3 preceding fiscal years.
(B) Counting rule.--State expenditures counted for
purposes of meeting the requirement in subparagraph (A)
may also be counted for purposes of meeting the
requirement to provide a non-Federal share under
subparagraph (A), (B), or (C), as appropriate, of
subsection (g)(1).
(4) Supplement not supplant.--Funds received under this
section shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
child care services in the State on the date of enactment of
this Act, calculated as the average amount of such Federal,
State, and local public funds expended for fiscal years 2021,
2022, and 2023.
(5) Allowable sources of non-federal share.--For purposes
of providing the non-Federal share required under subsection
(g)(1), a State's non-Federal share--
(A) for direct child care services described in
subsection (g)(1)(A)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award; and
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(B) for activities to improve the quality and
supply of child care services described in subsection
(g)(1)(B), and administration described in subsection
(g)(1)(C)--
(i) shall not include contributions being
used as a non-Federal share or match for
another Federal award;
(ii) shall be provided from State or local
sources, contributions from philanthropy or
other private organizations, or a combination
of such sources and contributions; and
(iii) may be in cash or in kind, fairly
evaluated, including facilities or property,
equipment, or services.
(k) Monitoring and Enforcement.--
(1) Review of compliance with requirements and state
plan.--The Secretary shall review and monitor compliance of
States, territories, Tribal entities, and local entities with
this section and State compliance with the State plan described
in subsection (f)(3).
(2) Issuance of rule.--The Secretary shall establish by
rule procedures for--
(A) receiving, processing, and determining the
validity of complaints or findings concerning any
failure of a State to comply with the State plan or any
other requirement of this section;
(B) notifying a State when the Secretary has
determined there has been a failure by the State to
comply with a requirement of this section; and
(C) imposing sanctions under this subsection for
such a failure.
(l) Federal Administration.--Using funds appropriated under
subsection (c)(3), the Secretary shall carry out administration of this
section, shall provide (including through the use of grants or
cooperative agreements) technical assistance to States, territories,
Indian Tribes, and Tribal organizations, and shall carry out research
and evaluations related to this section.
(m) Nonpostsecondary Education Program.--For purposes of section
401 of the Act entitled ``An Act to provide for reconciliation pursuant
to section 201(a)(1) of the concurrent resolution on the budget for
fiscal year 1997'', approved August 22, 1996, the program carried out
under this section shall be considered to be a program of
nonpostsecondary education.
(n) Reports.--
(1) Collection of information by states.--
(A) In general.--A State that receives funds to
carry out this section shall collect the information
described in subparagraph (B) on a monthly basis.
(B) Required information.--The information required
to be collected under this subparagraph shall consist
of, with respect to a family receiving assistance under
this section, information concerning--
(i) family income;
(ii) county (or comparable local
jurisdiction) of residence;
(iii) the gender, race and ethnicity, and
age of each child receiving such assistance;
(iv) whether the head of the family is a
single parent;
(v) the number of months the family has
received such assistance;
(vi) the provider type with which the child
was enrolled;
(vii) the amount of the copayment paid for
child care provided under this section;
(viii) the average hours per month of such
care, during the period for which such
information is required to be submitted; and
(ix) whether the children receiving
assistance under this section are either
children with disabilities or infants and
toddlers with disabilities.
(C) Submission to the secretary.--A State described
in subparagraph (A) shall, on a quarterly basis, submit
the information required to be collected under
subparagraph (B) to the Secretary.
(D) Use of samples.--
(i) Authority.--A State may comply with the
requirement to collect the information
described in subparagraph (B) through the use
of disaggregated case record information for a
sample of families selected through the use of
scientifically acceptable sampling methods
approved by the Secretary.
(ii) Sampling and other methods.--The
Secretary shall provide the States with such
case record sampling plans and data collection
procedures as the Secretary determines to be
necessary to produce statistically valid
samples of the information described in
subparagraph (B). The Secretary may develop and
implement procedures for verifying the quality
of the data submitted by the States.
(E) Prohibition.--Reports submitted to the
Secretary under subparagraph (C) shall not contain
personally identifiable information.
(2) Annual reports.--Not later than 1 year after the date
of enactment of the Child Care for Working Families Act, and
annually thereafter, a State shall prepare and submit to the
Secretary a report containing such information as the Secretary
may require, that includes at a minimum, the description and
analysis described in paragraph (3) and aggregate data
concerning--
(A) the number of child care providers that
received funding under this section and licensed
capacity of such providers, and such data disaggregated
by provider type, by the quality rating on the State's
tiered system for recognizing and supporting the
quality of child care services described in subsection
(f)(3)(B) (referred to in this subsection as the
``quality rating'') of such providers, and by the
geographic area of such providers;
(B)(i) the total number of children, and families
with children, receiving child care services funded
under this section;
(ii) the percentage of children, and families with
children, receiving child care services funded under
this section, among all children less than 6 years of
age, and all families with such children, respectively,
in all States; and
(iii) the data described in clause (i), and the
data described in clause (ii), disaggregated for
children, and families with children, by--
(I) race and ethnicity of the child
involved;
(II) family income of the child's family;
(III) age of the child;
(IV) the child's status as an infant or
toddler with a disability or child with a
disability;
(V) the child's status as a child
experiencing homelessness;
(VI) the child's status as a child in
foster care; and
(VII) the child's status (to the extent the
status is known) as a dual language learner;
(C) the monthly child care subsidy payment rate
paid to eligible child care providers for child care
services funded under this section, as determined by
the State's cost estimation model or cost study
described in subsection (f)(3)(A)(i), including any
variation in the rate by geographic area, provider
type, age of child, and costs associated with providing
inclusive care;
(D) the amount of the copayment paid by families
for such child care services, and such data
disaggregated by family income;
(E) the number and percentage of payments made by
the State for such services to eligible child care
providers through certificates, grants, and contracts,
and such data disaggregated by provider type;
(F) the manner in which consumer education
information was provided to parents and the number of
parents to whom such information was provided under
this section;
(G) the number of child fatalities occurring among
children while in the care or facility of child care
providers funded under this section, and such data
disaggregated by provider type;
(H) the geographic area of child care providers
funded under this section;
(I) the quality features of child care services
provided by providers funded under this section,
compared to the quality features of child care services
provided by other child care providers, to the extent
possible, including data on quality features such as--
(i) amount of staff wages and other
compensation (including benefits);
(ii) length of staff retention;
(iii) presence of coaching and professional
development activities;
(iv) number of providers remaining open
through the year covered;
(v) measured parent satisfaction; and
(vi) presence of provision of information
in languages other than English;
(J) the quality features of child care services
received by children and funded under this section, and
such data disaggregated by the children's--
(i) race and ethnicity;
(ii) family income;
(iii) age;
(iv) status as an infant or toddler with a
disability or child with a disability;
(v) status as a child experiencing
homelessness;
(vi) status as a child in foster care; and
(vii) status (to the extent the status is
known) as a dual language learner;
(K) the number of child care providers, listed by
provider type, geographic area, and provider quality
rating, that received--
(i) a startup or supply expansion grant
under subsection (h)(3)(B)(i);
(ii) a quality grant under subsection
(h)(3)(B)(ii); or
(iii) a facilities grant under subsection
(h)(3)(B)(iii); and
(L) the average wages (including salaries), or
other compensation for staff of eligible child care
providers funded under this section, and such data
disaggregated by provider type, job position type, and
to the extent possible, staff race and ethnicity.
(3) Description and analysis.--The State shall include in
each report described in paragraph (2)--
(A) a description of whether there are inequities
in how child care providers with quality features
described in paragraph (2)(I) are distributed among
children served under this section; and
(B) an analysis of the State's child care supply,
including an analysis of the number of child care slots
with licensed child care providers that were added or
lost by the State in the covered year, and trends in
such addition or loss by provider type and quality
rating of child care provider.
(4) Rule on disaggregation.--Nothing in this paragraph
shall require disaggregation of data if the disaggregation
involved would reveal personally identifiable information about
an individual provider or child.
(o) Reports to Congress.--The Secretary shall--
(1) submit an annual report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and
the Workforce and the Committee on Appropriations of the House
of Representatives, summarizing the findings from the reports
received under subsection (n)(2); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
(p) Transition Provisions.--
(1) Treatment of child care and development block grant
funds.--For each of fiscal years 2024 through 2029, a State
receiving assistance under this section shall not use more than
15 percent of any funds received under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) to
provide assistance for direct child care services to children
who are under the age of 6, are not yet in kindergarten, and
are eligible under that Act.
(2) Special rules regarding eligibility.--Any child who is
less than 6 years of age, is not yet in kindergarten, and is
receiving assistance under the Child Care and Development Block
Grant Act of 1990 on the date funding is first allocated to the
lead agency for the State, territory, Indian Tribe, or Tribal
organization involved under this section--
(A) shall be deemed immediately eligible to receive
assistance under this section; and
(B) may continue to use the child care provider of
the family's choice.
(3) Transition procedures.--The Secretary is authorized to
institute procedures for implementing this section, including
issuing guidance for States receiving funds under subsection
(g).
TITLE II--BUILDING AN AFFORDABLE SYSTEM FOR EARLY EDUCATION GRANTS
SEC. 201. PURPOSES.
The purposes of this title are to make child care services more
accessible for families and to support the stability and quality of
eligible child care providers by--
(1) promoting the stability of the child care sector by
providing a source of stable funding to eligible child care
providers to help offset their operating expenses;
(2) supporting sustained and increased wages for early
childhood educators or other staff of eligible child care
providers, in order to stabilize and grow the child care
workforce;
(3) expanding the supply and capacity of eligible child
care providers to ensure working families have a range of high-
quality, affordable child care options, in a variety of
settings, that meet their unique needs; and
(4) supporting access to child care services for
communities facing a particular shortage of child care options,
including child care services for infants and toddlers, child
care services during nontraditional or extended hours, and
inclusive child care services for children with disabilities.
SEC. 202. DEFINITIONS.
In this title:
(1) CCDBG terms.--The terms ``child care certificate'',
``child with a disability'', ``family child care provider'',
``lead agency'', ``Secretary'', and ``State'' have the meanings
given the terms in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n). The
terms ``Indian Tribe'' and ``Tribal organization'' have the
meanings given the terms ``Indian tribe'' and ``tribal
organization'' in section 658P of that Act.
(2) Eligible child care provider.--The term ``eligible
child care provider'' means--
(A) an eligible child care provider as defined in
section 658P of the Child Care and Development Block
Grant Act of 1990; and
(B) an eligible child care provider as defined in
title I.
(3) Infant or toddler.--The term ``infant or toddler''
means an individual who is less than 3 years of age.
(4) Infant or toddler with a disability.--The term ``infant
or toddler with a disability'' has the meaning given the term
in section 101(b).
(5) Provider type.--The term ``provider type'' means a type
that is--
(A) a center-based child care provider;
(B) a family child care provider; or
(C) another non-center-based child care provider.
SEC. 203. SECRETARIAL RESERVATION.
From the funds appropriated to carry out this title, the Secretary
shall reserve not more than 3 percent for the Federal administration of
grants described in section 204, which may include providing technical
assistance to the lead agencies.
SEC. 204. GRANTS.
(a) In General.--From the amounts appropriated to carry out this
title that remain after the Secretary makes the reservation required
under section 203, and under the authority of section 658O of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) and this
section, the Secretary shall award to each lead agency a BASE Grant,
without regard to the requirements in subparagraphs (C) and (E) of
section 658E(c)(3), and in section 658G, of that Act (42 U.S.C.
9858c(c)(3), 9858e). Such grant shall be made from an amount allotted
in accordance with section 658O of that Act (42 U.S.C. 9858m),
excluding paragraphs (3) through (5) of subsection (a) of that section.
(b) Payments for Indian Children.--In accordance with section 658O
of that Act, the Secretary may make BASE Grants to Indian Tribes or
Tribal organizations for the planning and carrying out of programs or
activities consistent with the objectives of this title.
SEC. 205. STATE APPLICATION.
To be eligible to receive a grant under section 204, a lead agency
shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require, including--
(1) a description of the process the lead agency will
establish to award subgrant funds to eligible child care
providers under this title;
(2) a description of how the lead agency will, in
determining the subgrant amount for an eligible child care
provider under this title--
(A) ensure such subgrant is sufficient to support
the ongoing operations and long-term sustainability of
the eligible child care provider;
(B) account for the cost of providing high-quality
child care services, including--
(i) variations in the cost of child care
services related to geographic area, provider
type, size of provider, and age of child
served;
(ii) costs associated with providing care
during nontraditional or extended hours;
(iii) costs associated with serving
children with disabilities, including infants
and toddlers with disabilities; and
(iv) costs associated with meeting group
sizes and ratios necessary to support high-
quality and inclusive child care services,
including for infants and toddlers;
(C) account for the cost of attracting, training,
and retaining a qualified and skilled workforce, which
shall include at a minimum, supporting increased wages
for all staff of the provider, as described in section
209(5); and
(D) if the lead agency uses a formula for awarding
such a subgrant that is based on general cost
estimates, base such estimates on the provider's
enrollment capacity rather than attendance;
(3) a description of how the lead agency will work with the
eligible child care providers to improve the quality of child
care services, which may include improving the State's tiered
system for recognizing and supporting the quality of child care
services described in section 101(f)(3)(B); and
(4) a description of how the lead agency will use funds
reserved under section 207(a)(1) to conduct widespread outreach
and provide technical assistance to eligible child care
providers (including family child care providers, providers
with limited administrative capacity, and providers whose
primary language is not English), either directly or through
child care resource and referral organizations, staffed family
child care networks, or local governments, to ensure such
providers are aware of the subgrants available under this title
and are able to apply for and manage the resources provided
through such subgrants.
SEC. 206. ADMINISTRATION.
Activities funded under a grant made for a State under section 204
may be administered--
(1) directly by the State's lead agency; or
(2) under a grant or contract to provide such
administration, through another State government agency, a
local or regional child care resource and referral
organization, a community development financial institution,
another nonprofit intermediary with experience supporting child
care providers, or another appropriate entity.
SEC. 207. STATE ACTIVITIES AND SUBGRANTS.
(a) In General.--A lead agency for a State that receives a BASE
Grant pursuant to section 204 shall--
(1) reserve not more than 10 percent of the grant funds to
administer subgrants, provide technical assistance and support
to enable all provider types to apply for, access, and manage
the resources provided through such subgrants and other sources
of public financial assistance available for the objectives of
this title, publicize the availability of the subgrants, and
carry out activities to increase the supply of child care
services, under this title; and
(2) with the remaining grant funds, make subgrants to
eligible child care providers to carry out the activities
described in section 210.
(b) Subgrant Period.--The lead agency shall make the subgrants for
a period of 5 years.
(c) Payment Practices.--The lead agency shall make the subgrant
payments in advance, with necessary adjustments on account of
overpayments or underpayments.
SEC. 208. PRIORITY FOR SUBGRANTS.
(a) In General.--In making subgrants under this title, the lead
agency shall give priority to eligible child care providers that--
(1) provide child care services during nontraditional or
extended hours;
(2) provide child care services to infants and toddlers;
(3) provide child care services to dual language learners,
children with disabilities, children experiencing homelessness,
children in foster care, or children from low-income families;
(4) provide child care services to children whose families
received subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under title I, as
applicable, for the child care services;
(5) operate in communities, including communities with a
high proportion of children in households with incomes below
the poverty line and rural communities, with a low supply of
child care services; or
(6) are small business concerns, as defined in section 3 of
the Small Business Act (15 U.S.C. 632), or nonprofit
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code.
(b) Definition.--In this section, the term ``poverty line'' means
the poverty line defined and revised as described in section 673 of the
Community Services Block Grant Act (42 U.S.C. 9902).
SEC. 209. ELIGIBLE CHILD CARE PROVIDER APPLICATION.
To be qualified to receive a subgrant under this title, an eligible
child care provider shall submit to the corresponding lead agency, at
such time and in such manner as the lead agency may reasonably require,
an application containing each of the following:
(1) A description of how the eligible child care provider
meets the priority requirements in section 208, if applicable.
(2) An assurance that the eligible child care provider
accepts child care subsidies in the form of certificates,
grants, or contracts as authorized under the Child Care
Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.),
or child care subsidies in the form of certificates, grants, or
contracts under title I, as an acceptable form of payment,
regardless of whether children who are the beneficiaries of the
child care subsidies are actually enrolled.
(3) An assurance that the eligible child care provider, for
the duration of the period of the grant under section 204, will
be open and available to serve children unless temporarily
closed due to or for a building safety issue or maintenance as
a result of a building safety issue, widespread illness or a
staff shortage, a routine closure or break due to a holiday or
scheduled staff professional development session, or a state of
emergency, major disaster, or emergency within the meaning of
section 658E(c)(2)(U) of the Child Care Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(2)(U)).
(4) A description of how the eligible child care provider
will use funds provided under the subgrant to improve the
quality of child care services and operations, such as through
participation in a State's tiered system for recognizing and
supporting the quality of child care services.
(5) A description of how the eligible child care provider
will pay staff increased wages over the course of the grant
period including, at a minimum, providing--
(A) annual cost-of-living adjustments; and
(B) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities.
SEC. 210. USE OF FUNDS.
(a) In General.--An eligible child care provider that receives a
subgrant under this title--
(1) shall use at least 70 percent of subgrant funds for
child care personnel costs, including--
(A) wages (including salaries) or similar
compensation for a person who is a staff member or any
sole proprietor or independent contractor, aligned with
wage standards; and
(B)(i) annual cost-of-living adjustments for staff;
and
(ii) graduated pay increases based on a staff
member's credentials, experience, and job
responsibilities, including, for a provider with 15 or
more staff, a wage ladder based on the credentials,
experience, and responsibilities; and
(2) may use the subgrant funds for costs of activities
related to the provider's program, consisting of--
(A) professional development and instructional
coaching for staff involved in the direct education and
care of children, and providing support for planning
and instruction;
(B) providing recruitment and retention bonuses for
staff;
(C) providing staff benefits, such as health
insurance, paid leave (including parental, family,
medical, sick, and bereavement leave, and including
personal leave or vacation), and funds for retirement
accounts;
(D) hiring staff, including conducting background
checks, and including hiring staff to reduce staff-to-
child ratios or substitute staff to support use of paid
leave;
(E) paying for occupancy, including making payments
for--
(i) rent (including rent under a lease), or
on any mortgage obligation; and
(ii) insurance, utilities, and maintenance;
(F) obtaining equipment, repairs, supplies,
services, and training necessary to ensure compliance
with applicable health, safety, educational, and
quality requirements and to support high-quality,
developmentally appropriate child care services, and
achieving licensure as a child care provider;
(G) providing comprehensive services to support the
health, including mental health, and well-being, of
children and families from underserved populations, as
described in section 101(f)(3)(I);
(H) improving the quality of child care services in
a way that is appropriate for child development by
provider type involved, and for the age group of the
children served; and
(I) providing inclusive and developmentally
appropriate care for children with disabilities,
including implementing reasonable accommodations,
making space more accessible, and providing additional
staffing and coordinating early intervention services
provided through the provider's program with early
intervention services provided through other early
childhood programs.
(b) Special Rule for States Participating in Title I Program.--
Notwithstanding subsection (a) and subject to the approval of the
Secretary, a lead agency of a State participating in the program
established in title I may make alternative uses of the funds received
through a grant made under section 204, if such funds support--
(1) the provision of high-quality, affordable child care
services, in accordance with title I;
(2) compensation for early childhood educators and staff of
child care programs, of eligible child care providers, that
meet the requirements of title I; or
(3) initiatives to expand the supply of eligible child care
providers or improve the quality of child care services
provided by eligible child care providers.
(c) Rule.--For purposes of subsection (a), the terms ``staff'' and
``staff member'' include a person described in subsection (a)(1)(A).
SEC. 211. REPORTING.
(a) Lead Agency Reports.--Not later than 1 year after a lead agency
has received a grant under section 204 and annually thereafter, the
lead agency shall submit to the Secretary, in such manner and
containing such information as the Secretary may require, a report that
includes, at a minimum--
(1) the total number of eligible child care providers who
applied for a subgrant under this title relative to the total
number of eligible child care providers in the State,
disaggregated by provider type, race and ethnicity of provider,
and geographic area;
(2) the total number of eligible child care providers that
received such a subgrant relative to the total number of
eligible child care providers in the State, disaggregated by
provider type, race and ethnicity of provider, and geographic
area;
(3) information stating the lead agency's methodology for
determining the amounts of subgrants under section 207(a)(2);
(4) the average and range of the subgrant amounts made
available by the lead agency, disaggregated by provider type,
race and ethnicity of provider, and geographic area;
(5) the percentages, of the eligible child care providers
that received such a subgrant, that--
(A) provided child care services during
nontraditional or extended hours;
(B) served dual language learners, children with
disabilities, children experiencing homelessness,
children in foster care, children from low-income
families, or infants and toddlers;
(C) served children whose families received
subsidies under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.) or under
title I, as applicable, for the child care services;
(D) operated in communities described in section
208(a)(5); and
(E) are concerns or organizations described in
section 208(a)(6);
(6) the enrollment capacity of and average monthly
attendance of children (by age) served by the eligible child
care providers that received a subgrant;
(7) the average family tuition for an eligible child care
provider that received such a subgrant, disaggregated by--
(A) age of the child served; and
(B) provider type;
(8) the average wages (including salaries), or similar
compensation specified in section 210(a)(1)(A) of staff of
eligible child care providers that received such a subgrant,
disaggregated by provider type;
(9) the percentages, of the eligible child care providers
that received such a subgrant, for each of the provider types;
(10) information about how the eligible child care
providers used the funds received under such a subgrant,
including how funds were used for child care personnel costs;
(11) information about how the lead agency used funds
reserved under section 207(a)(1); and
(12) a description of how the lead agency publicized the
availability of the subgrants, including through making
applications and materials available in multiple languages, and
provided technical assistance and support to ensure all
provider types were able to apply for and access the subgrants.
(b) Reports to Congress.--The Secretary shall--
(1) submit an annual report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and
the Workforce and the Committee on Appropriations of the House
of Representatives, summarizing the findings from the reports
received under subsection (a); and
(2) make such report publicly available on the website of
the Department of Health and Human Services.
SEC. 212. SUPPLEMENT NOT SUPPLANT.
Amounts made available to carry out this title shall be used to
supplement and not supplant other Federal, State, and local public
funds expended to provide child care services for eligible individuals.
SEC. 213. APPROPRIATIONS.
In addition to amounts otherwise available, there is appropriated
to the Department of Health and Human Services, out of any money in the
Treasury not otherwise appropriated to carry out this title,
$9,000,000,000 for each of fiscal years 2024 through 2029.
TITLE III--UNIVERSAL PRESCHOOL
SEC. 301. DEFINITIONS.
In this section:
(1) Child experiencing homelessness.--The term ``child
experiencing homelessness'' means an individual who is a
homeless child or youth under section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).
(2) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(3) Comprehensive services.--The term ``comprehensive
services'' means services that are provided to children and
their families, and that are health, educational, nutritional,
social, and other services that are determined, based on family
needs assessments, to be necessary, within the meaning of
section 636 of the Head Start Act (42 U.S.C. 9831).
(4) Dual language learner.--The term ``dual language
learner'' means a child who is learning 2 or more languages at
the same time, or a child who is learning a second language
while continuing to develop the child's first language.
(5) Eligible child.--The term ``eligible child'' means a
child who is age 3 or 4, on the date established by the
applicable local educational agency for kindergarten entry.
(6) Eligible provider.--The term ``eligible provider''
means--
(A) a local educational agency, acting alone or in
a consortium or in collaboration with an educational
service agency (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), that is licensed by the State or meets
comparable health and safety standards;
(B) a Head Start agency or delegate agency funded
under the Head Start Act (42 U.S.C. 9831 et seq.);
(C) a licensed center-based child care provider,
licensed family child care provider, or network of
licensed family child care providers; or
(D) a consortium of entities described in any of
subparagraphs (A), (B), and (C).
(7) Head start agency.--The term ``Head Start agency'', as
used in paragraph (6)(B), or section 303(e)(4) or 306(a), means
an entity designated as a Head Start agency under section
641(a)(1) of the Head Start Act (42 U.S.C. 9836(a)(1)) or as an
Early Head Start agency (by receiving a grant) under section
645A(a) of such Act (42 U.S.C. 9840a(a)).
(8) 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).
(9) 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).
(10) Poverty line.--The term ``poverty line'' means the
poverty line defined and revised as described in section 673 of
the Community Services Block Grant Act (42 U.S.C. 9902).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(12) State.--The term ``State'' means each of the several
States and the District of Columbia.
(13) Territory.--The term ``territory'' means each of the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term ``tribal organization'' in
section 658P of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858n).
SEC. 302. UNIVERSAL PRESCHOOL.
(a) Appropriations for States.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services, out of any money in the Treasury not otherwise appropriated,
such sums as may be necessary for each of fiscal years 2024 through
2029, for payments to States, for carrying out this title (except
provisions and activities covered by subsection (b)).
(b) Additional Appropriations.--In addition to amounts otherwise
available, there is appropriated to the Department of Health and Human
Services for fiscal year 2024, out of any money in the Treasury not
otherwise appropriated--
(1) $2,500,000,000, to remain available until September 30,
2029, for carrying out payments to Indian Tribes and Tribal
organizations for activities described in this title;
(2) $1,250,000,000, to remain available until September 30,
2029, for carrying out payments to the territories, to be
distributed among the territories on the basis of their
relative need, as determined by the Secretary in accordance
with the objectives of this title, for activities described in
this title;
(3) $300,000,000, to remain available until September 30,
2029, for carrying out payments to eligible local entities that
serve children in families who are engaged in migrant or
seasonal agricultural labor, for activities described in this
title;
(4) $995,000,000, to remain available until September 30,
2029, for carrying out Federal activities to support the
activities funded under this title, including administration,
monitoring, technical assistance, and research, in fiscal years
2024 through 2029; and
(5) $20,000,000,000, to remain available until September
30, 2029, to carry out the program of grants to localities
described in subsections (b) and (c) of section 306.
SEC. 303. PAYMENTS FOR STATE UNIVERSAL PRESCHOOL SERVICES.
(a) In General.--A State that has submitted, and had approved by
the Secretary in collaboration with the Secretary of Education, the
State plan described in subsection (e) is entitled to a payment under
this section.
(b) Payments for Fiscal Years 2024 Through 2029.--
(1) Preschool services.--For each of fiscal years 2024
through 2029, the Secretary shall pay to each State with an
approved State plan under subsection (e), an amount for that
year equal to--
(A) 90 percent of the State's expenditures in the
year for preschool services provided under section 304,
for fiscal year 2024;
(B) 90 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2025;
(C) 80 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2026;
(D) 75 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2027;
(E) 65 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2028;
and
(F) 60 percent of the State's expenditures in the
year for such preschool services, for fiscal year 2029.
(2) State activities.--The Secretary shall pay to each
State with an approved State plan under subsection (e) an
amount for a fiscal year equal to 50 percent of the amount of
the State's expenditures for the activities described in
subsection (c), and system-wide activities similar to those
described in subsection (c) for the State's entire birth
through 5 year old early childhood system, except that in no
case shall a payment for a fiscal year under this paragraph
exceed the amount equal to 10 percent of the State's
expenditures described in paragraph (1) for such fiscal year.
(3) Non-federal share.--The remainder of the cost paid by
the State for preschool services, that is not provided under
paragraph (1), shall be considered the non-Federal share of the
cost of those services. The remainder of the cost paid by the
State for State activities, that is not provided under
paragraph (2), shall be considered the non-Federal share of the
cost of those activities.
(4) Advance payment; retrospective adjustment.--The
Secretary shall make a payment under paragraph (1) or (2) for a
year on the basis of advance estimates of expenditures
submitted by the State and such other investigation as the
Secretary may find necessary, and shall reduce or increase the
payment as necessary to adjust for any overpayment or
underpayment for a previous year.
(c) State Activities.--A State that receives a payment under
subsection (b) shall carry out all of the following activities:
(1) State administration of the State preschool program
described in this section.
(2) Supporting a continuous quality improvement system for
providers of preschool services participating, or seeking to
participate, in the State preschool program, through the use of
data, research, monitoring, training, technical assistance,
professional development, and coaching.
(3) Providing outreach and enrollment support for families
of eligible children.
(4) Supporting data systems building.
(5) Supporting staff of eligible providers through
professional development and coaching, and supporting staff in
pursuing credentials and degrees, including baccalaureate
degrees.
(6) Supporting activities that ensure access to inclusive
preschool programs for children with disabilities.
(7) Providing age-appropriate transportation services for
children, which at a minimum shall include transportation
services for children experiencing homelessness and children in
foster care.
(8) Conducting or updating a statewide needs assessment of
access to high-quality preschool services.
(d) Lead Agency.--The Governor of a State desiring for the State to
receive a payment under this section shall designate a lead agency
(such as a State agency or joint interagency office) for the
administration of the State's preschool program under this section.
(e) State Plan.--In order to be eligible for payments under this
section, the Governor of a State shall submit a State plan to the
Secretary for approval by the Secretary, in collaboration with the
Secretary of Education, at such time, in such manner, and containing
such information as the Secretary shall by rule require, that includes
a plan for achieving universal, high-quality, free, inclusive, and
mixed-delivery preschool services. Such plan shall include, at a
minimum, each of the following:
(1) A certification that--
(A) the State has in place, or will have in place
no later than 1 year after the State first receives
funding under this section, developmentally
appropriate, evidence-based preschool education
standards that, at a minimum, are as rigorous as the
standards specified in subparagraph (B) of section
641A(a)(1) of the Head Start Act (42 U.S.C.
9836a(a)(1)) and include program standards for class
sizes and ratios; and
(B) the State will coordinate such standards with
other early learning standards in the State.
(2) An assurance that the State will ensure--
(A) all preschool services in the State funded
under this section will--
(i) be universally available to all
children in the State without any additional
eligibility requirements; and
(ii) be high-quality, free, and inclusive;
and
(B) that the local preschool programs in the State
funded under this section will--
(i) by not later than 18 months after the
program receives such funding, meet the State's
preschool education standards described in
paragraph (1);
(ii) offer programming that meets the
duration requirements of at least 1,020 annual
hours;
(iii) adopt policies and practices to
conduct outreach and provide expedited
enrollment, including prioritization, to--
(I) children experiencing
homelessness (which, in the case of a
child attending a program provided by
an eligible provider described in
section 301(6)(A), shall include
immediate enrollment for the child);
(II) children in foster care or
kinship care;
(III) children in families who are
engaged in migrant or seasonal
agricultural labor;
(IV) children with disabilities,
including eligible children who are
served under part C of the Individuals
with Disabilities Education Act (20
U.S.C. 1431 et seq.); and
(V) dual language learners;
(iv) provide for salaries, and set
schedules for salaries, for staff of providers
in the State preschool program, including staff
serving infants and toddlers employed by the
same provider, that are equivalent to salaries
of elementary school staff with similar
credentials and experience;
(v) at a minimum, provide a living wage for
all staff of such providers; and
(vi) require educational qualifications for
teachers in the preschool program including, at
a minimum, requiring that lead teachers in the
preschool program have a baccalaureate degree
in early childhood education or a related field
by not later than 6 years after the date on
which the State first receives funds under this
section, except that--
(I) subject to subclause (II), the
requirements under this clause shall
not apply to individuals who were
employed by an eligible provider or
early education program for a
cumulative 3 of the 5 years immediately
preceding the date of enactment of this
Act and have the necessary content
knowledge and teaching skills for early
childhood educators, as demonstrated
through measures determined by the
State; and
(II) nothing in this section shall
require the State to lessen State
requirements for educational
qualifications, in existence on the
date of enactment of this Act, to serve
as a teacher in a State preschool
program.
(3) For States with existing publicly funded State
preschool programs (as of the date of submission of the State
plan), a description of how the State plans to use funding
provided under this section to ensure that such existing
programs in the State meet the requirements of this title for a
State preschool program.
(4) A description of how the State, in establishing and
operating the State preschool program supported under this
section, will--
(A) support a mixed-delivery system for any new
slots funded under this section, including by
facilitating the participation of Head Start programs
and programs offered by licensed child care providers;
(B) ensure the State preschool program does not
disrupt the stability of infant and toddler child care
throughout the State;
(C) ensure adequate consultation with the State
Advisory Council on Early Childhood Education and Care
designated or established in section 642B(b)(1)(A)(i)
of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)) in
the development of its plan, including consultation in
how the State intends to distribute slots under
subparagraph (E);
(D) partner with Head Start agencies to ensure the
full utilization of Head Start programs within the
State; and
(E) distribute new preschool slots and resources
equitably among child care (including family child
care) providers, Head Start agencies, and schools
within the State.
(5) A certification that the State, in operating the
program described in this section for a fiscal year--
(A) will not reduce the total preschool slots
provided in State-funded preschool programs from the
number of such slots in the previous fiscal year; or
(B) if the number of eligible children identified
in the State declines from the previous fiscal year,
will maintain at least the previous year's ratio of the
total preschool slots described in subparagraph (A) to
eligible children so identified.
(6) An assurance that the State will use funding provided
under this section to ensure children with disabilities have
access to and participate in inclusive preschool programs
consistent with provisions in the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), and a description of
how the State will collaborate with entities carrying out
programs under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), to
support inclusive preschool programs.
(7) An assurance that the State will provide assistance
under this section only to eligible providers that prohibit the
use of suspension, expulsion, and aversive behavioral
interventions in the State preschool program described in this
section.
(8) An assurance that the State will coordinate services
provided under this title with services and supports provided
under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9857 et seq.), section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), the Head Start Act (42 U.S.C. 9831 et seq.), the
Preschool Development Grants program under section 9212 of the
Every Student Succeeds Act (Public Law 114-95), the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.), and the maternal, infant, and early childhood home
visiting programs under section 511 of the Social Security Act
(42 U.S.C. 711).
(9) A certification that the State will support the
continuous quality improvement of programs providing preschool
services under this title, including support through technical
assistance, monitoring, and research.
(10) A certification that the State will ensure a highly
qualified early childhood workforce to support the requirements
of this title.
(11) An assurance that the State will meet the requirements
of clauses (ii) and (iii) of section 658E(c)(2)(T) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858c(c)(2)(T)), with respect to funding and assessments under
this title.
(12) A certification that subgrant and contract amounts
provided as described in section 304 will be sufficient to
enable eligible providers to meet the requirements of this
title, and will provide for increased payment amounts based on
the criteria described in clauses (iv) and (v) of paragraph
(2)(B).
(13) An agreement to provide to the Secretary such periodic
reports, providing a detailed accounting of the uses of funding
received under this section, as the Secretary may require for
the administration of this section.
(f) Duration of the Plan.--Each State plan shall remain in effect
for a period of not more than 3 years. Amendments to the State plan
shall remain in effect for the duration of the plan.
SEC. 304. SUBGRANTS AND CONTRACTS FOR LOCAL PRESCHOOL PROGRAMS.
(a) Subgrants and Contracts.--
(1) In general.--A State that receives a payment under
section 303(b) for a fiscal year shall use amounts provided
through the payment to pay the costs of subgrants to, or
contracts with, eligible providers to operate universal, high-
quality, free, and inclusive preschool programs (which State-
funded programs may be referred to in this section as ``local
preschool programs'') through the State preschool program in
accordance with subsection (c). A State shall reduce or
increase the amounts provided under such subgrants or contracts
if needed to adjust for any overpayment or underpayment
described in section 303(b)(4).
(2) Amount.--A State shall award a subgrant or contract
under this section in a sufficient amount to enable the
eligible provider to operate a local preschool program that
meets the requirements of section 303(e)(2), which amount shall
reflect variations in the cost of preschool services by
geographic area, type of provider, and age of child, and the
additional costs associated with providing inclusive preschool
services for children with disabilities.
(3) Duration.--The State shall award a subgrant or contract
under this section for a period of not less than 3 years,
unless the subgrant or contract is terminated or suspended, or
the subgrant period is reduced, for cause.
(b) Enhanced Payments for Comprehensive Services.--In awarding
subgrants or contracts under this subsection and in addition to meeting
the requirements of subsection (a)(2), the State shall award subgrants
or contracts with enhanced payments to eligible providers that offer
local preschool programs funded under this section to a high percentage
of low-income children to support comprehensive services.
(c) Establishing and Expanding Universal Preschool Programs.--
(1) Establishing and expanding universal preschool programs
in high-need communities.--In awarding subgrants or contracts
under this section, the State shall first prioritize
establishing and expanding universal local preschool programs
within and across high-need communities by awarding subgrants
or contracts to eligible providers operating within and across,
or with capacity to operate within and across, such high-need
communities. The State shall--
(A) use a research-based methodology approved by
the Secretary to identify such high-need communities,
as determined by--
(i) the rate of poverty in the community;
(ii) rates of access to high-quality
preschool within the community; and
(iii) other indicators of community need as
required by the Secretary; and
(B) distribute funding for preschool services under
this section within such a high-need community so that
a majority of children in the community are offered
such preschool services before the State establishes
and expands preschool services in communities with
lower levels of need.
(2) Use of funds.--Subgrants or contracts awarded under
paragraph (1) shall be used to enroll and serve children in
such a local preschool program involved, including by paying
the costs--
(A) of personnel (including classroom and
administrative personnel), including compensation and
benefits;
(B) associated with implementing the State's
preschool standards, providing curriculum supports, and
meeting early learning and development standards;
(C) of professional development, teacher supports,
and training;
(D) of implementing and meeting developmentally
appropriate health and safety standards (including
licensure, where applicable), teacher to child ratios,
and group size maximums;
(E) of materials, equipment, and supplies; and
(F) of rent or a mortgage, utilities, building
security, indoor and outdoor maintenance, and
insurance.
(d) Establishing and Expanding Universal Preschool Programs in
Additional Communities.--Once a State that receives a payment under
section 303(b) meets the requirements of subsection (c) with respect to
establishing and expanding local preschool programs within and across
high-need communities, the State shall use funds from such payment to
enroll and serve children in local preschool programs, as described in
such subsection, in additional communities in accordance with the
metrics described in subsection (c)(1)(A). Such funds shall be used for
the activities described in subparagraphs (A) through (F) of subsection
(c)(2).
SEC. 305. PAYMENTS FOR UNIVERSAL PRESCHOOL SERVICES TO INDIAN TRIBES
AND TERRITORIES.
(a) Indian Tribes and Tribal Organizations.--
(1) In general.--For each of fiscal years 2024 through
2029, from the amount appropriated for Indian Tribes and Tribal
organizations under section 302(b)(1), the Secretary shall make
payments to Indian Tribes and Tribal organizations with an
application approved under paragraph (2), and the Tribes and
Tribal organizations shall be entitled to such payments for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--An Indian Tribe or Tribal organization
seeking a payment under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may specify.
(b) Territories.--
(1) In general.--For each of fiscal years 2024 through
2029, from the amount appropriated for territories under
section 302(b)(2), the Secretary shall make payments to the
territories with an application approved under paragraph (2),
and the territories shall be entitled to such payments, for the
purpose of carrying out the preschool program described in this
title, consistent, to the extent practicable as determined by
the Secretary, with the requirements applicable to States.
(2) Applications.--A territory seeking a payment under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may specify.
(c) Lead Agency.--The head of an Indian Tribe or territory desiring
for the Indian Tribe or a related Tribal organization, or territory, to
receive a payment under this section shall designate a lead agency
(such as a tribal or territorial agency or joint interagency office)
for the administration of the preschool program of the Indian Tribe or
territory, under this section.
SEC. 306. GRANTS TO LOCALITIES AND HEAD START EXPANSION IN
NONPARTICIPATING STATES.
(a) Eligible Locality Defined.--In this section, the term
``eligible locality'' means a city, county, or other unit of general
local government, a local educational agency, or a Head Start agency.
(b) Grants to Localities.--
(1) In general.--The Secretary, in consultation with the
Secretary of Education, shall use funds reserved in section
302(b)(5) to award local universal preschool grants, as
determined by the Secretary of Health and Human Services, to
eligible localities located in States that have not received
payments under section 303. The Secretary shall award the
grants to eligible localities in a State from the allotment
made for that State under paragraph (2). The Secretary shall
specify the requirements for an eligible locality to conduct a
preschool program under this section which shall, to the
greatest extent practicable, be consistent with the
requirements applicable to States under this title, for a
universal, high-quality, free, and inclusive preschool program.
(2) Allotments.--For each State described in paragraph (1),
the Secretary shall allot for the State for a fiscal year an
amount that bears the same relationship to the funds
appropriated under section 302(b)(5) for the fiscal year as the
number of children from families with family incomes at or
below 200 percent of the poverty line, and who are under the
age of 6, in the State bears to the total number of all such
children in all States described in paragraph (1).
(3) Application.--To receive a grant from the corresponding
State allotment under this section, an eligible locality shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. The requirements for the application shall, to the
greatest extent practicable, be consistent with the State plan
requirements applicable to States under this title.
(c) Head Start Expansion in Nonparticipating States.--
(1) In general.--The Secretary shall use funds appropriated
under section 302(b)(5), to make awards to Head Start agencies
in a State described in subsection (b)(1) to carry out the
purposes of the Head Start Act (42 U.S.C. 9831 et seq.) in such
State.
(2) Rule.--For purposes of carrying out the Head Start Act
in circumstances not involving awards under this subsection,
funds awarded under paragraph (1) shall not be included in the
calculation of a ``base grant'' as such term is defined in
section 640(a)(7)(A) of the Head Start Act (42 U.S.C.
9835(a)(7)(A)).
(3) Definition.--In this subsection, the term ``Head Start
agency'' means an entity designated or eligible to be
designated as a Head Start agency under section 641(a)(1) of
the Head Start Act (42 U.S.C. 9836(a)(1)) or as an Early Head
Start agency (by receiving a grant) under section 645A(a) of
such Act (42 U.S.C. 9840a(a)).
(d) Priority for Serving Underserved Communities.--In making
determinations to award a grant or make an award under this section,
the Secretary shall give priority to entities serving communities with
a high percentage of children from families with family incomes at or
below 200 percent of the poverty line.
SEC. 307. ALLOWABLE SOURCES OF NON-FEDERAL SHARE.
For purposes of calculating the amount of the non-Federal share, as
determined under section 303(b)(3), relating to a payment under section
303(b), a State's non-Federal share--
(1) may be in cash or in kind, fairly evaluated, including
facilities or property, equipment, or services;
(2) shall include any increase in amounts spent by the
State to expand half-day kindergarten programs in the State, as
of the day before the date of enactment of this Act, into full-
day kindergarten programs;
(3) shall not include contributions being used as a non-
Federal share or match for another Federal award;
(4) shall be provided from State or local sources,
contributions from philanthropy or other private organizations,
or a combination of such sources and contributions; and
(5) shall count not more than 100 percent of the State's
current spending on prekindergarten programs, calculated as the
average amount of such spending by the State for fiscal years
2021, 2022, and 2023, toward the State's non-Federal share.
SEC. 308. MAINTENANCE OF EFFORT.
(a) In General.--If a State reduces its combined fiscal effort per
child for the State preschool program (whether a publicly funded
preschool program or a program under this title) or through State
supplemental assistance funds for Head Start programs assisted under
the Head Start Act, or through any State spending on early childhood
programs or preschool services for any fiscal year that a State
receives payments under section 303(b) (referred to in this paragraph
as the ``reduction fiscal year'') relative to the previous fiscal year,
the Secretary, in collaboration with the Secretary of Education, shall
reduce support for such State under such subsection by the same amount
as the total reduction in that State fiscal effort for such reduction
fiscal year.
(b) Waiver.--The Secretary, in collaboration with the Secretary of
Education, may waive the requirements of subsection (a) if--
(1) the Secretaries determine that a waiver would be
appropriate due to a precipitous decline in the financial
resources of a State as a result of unforeseen economic
hardship, or a natural disaster, that has necessitated across-
the-board reductions in State services during the 5-year period
preceding the date of the determination, including for early
childhood education programs; or
(2) due to the circumstance of a State requiring reductions
in specific programs, including early childhood education
programs, the State presents to the Secretaries a justification
and demonstration why other programs could not be reduced and
how early childhood education programs in the State will not be
disproportionately harmed by such State reductions.
SEC. 309. SUPPLEMENT NOT SUPPLANT.
Funds received under this title shall be used to supplement and not
supplant other Federal, State, and local public funds expended on
prekindergarten programs in the State on the date of enactment of this
Act, calculated as the average amount of such Federal, State, and local
public funds expended for fiscal years 2021, 2022, and 2023.
SEC. 310. NONDISCRIMINATION PROVISIONS.
The following provisions of law shall apply to any program or
activity that receives funds provided under this title:
(1) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.).
(2) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(3) Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(4) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
SEC. 311. MONITORING AND ENFORCEMENT.
(a) Review of Compliance With Requirements and State Plan.--The
Secretary shall review and monitor compliance of States, territories,
Tribal entities, and local entities with this title and State
compliance with the State plan described in section 303(e), including a
process for progress updates on the requirements described in section
303(e)(1).
(b) Issuance of Rule.--The Secretary shall establish by rule
procedures for--
(1) receiving, processing, and determining the validity of
complaints or findings concerning any failure of a State to
comply with the State plan or any other requirement of this
title;
(2) notifying a State when the Secretary has determined
there has been a failure by the State to comply with a
requirement of this title; and
(3) imposing sanctions under this section for such a
failure.
SEC. 312. REPORTING.
(a) In General.--Each State that receives a payment under section
303 shall prepare an annual report, in such manner and containing such
information as the Secretary of Health and Human Services may
reasonably require.
(b) Contents.--A report prepared under subparagraph (a) shall
contain, at a minimum--
(1) a description of the manner in which the State has used
the funds made available through the payment and a report of
the expenditures made with the funds;
(2) a summary of the State's progress toward providing
access to high-quality preschool programs for eligible
children;
(3) the number and percentage of children in the State
participating in eligible preschool programs, disaggregated by
race, ethnicity, family income, child age, disability, and
whether the children are homeless children, children in foster
care, or dual language learners;
(4) data on the number and percentage of children in the
State participating in public kindergarten programs,
disaggregated by race, family income, child age, disability,
and whether the children are homeless children, children in
foster care, or dual language learners, with information on
whether such programs are offered--
(A) for a full day; and
(B) at no cost to families;
(5) data on the kindergarten readiness of children across
the State;
(6) data on recruitment and retention of early childhood
staff disaggregated by provider type, and age of children
served; and
(7) data regarding coordination efforts with other child
care and early childhood education programs, including those
funded under the Head Start Act (42 U.S.C. 9831 et seq.).
TITLE IV--HEAD START EXTENDED DURATION
SEC. 401. EXTENDED DURATION.
(a) In General.--The Head Start Act (42 U.S.C. 9801 et seq.) is
amended--
(1) by redesignating section 657C (42 U.S.C. 9852c) as
section 657D; and
(2) by inserting after section 657B (42 U.S.C. 9852b) the
following:
``SEC. 657C. EXTENDED DURATION.
``(a) In General.--The Secretary shall make grants to Head Start
agencies (including Early Head Start agencies) funded under this
subchapter to enable such agencies--
``(1) to provide access to a full school year and a full
school day of services;
``(2) in the case of a migrant and seasonal Head Start
agency, to provide access to additional service hours to ensure
continuous Head Start services as determined by the Secretary;
or
``(3) in the case of a Head Start agency (including an
Early Head Start agency) that already meets the full-day, full-
year services needs within its community, to enhance the
quality of Head Start services (including Early Head Start
services) provided to children served by such agency.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, a Head Start agency shall submit an application
at such time and in such manner as the Secretary may require.
Such application shall include--
``(A) evidence of--
``(i) the number and percentage of slots--
``(I) in the agency's Head Start
center-based programs (that are not
Early Head Start programs)--
``(aa) that are currently
funded (as of the date of
submission of the application);
and
``(bb) in which services
are provided for at least the
equivalent of 1,020 hours per
year; and
``(II) in the agency's Early Head
Start center-based programs--
``(aa) that are currently
funded (as of that date); and
``(bb) in which services
are provided for at least the
equivalent of 1,380 hours per
year; and
``(ii) the number and percentage of slots,
in the agency's Head Start family child care
programs--
``(I) that are currently funded (as
of that date); and
``(II) in which services are
provided for at least the equivalent of
1380 hours per year;
``(B) a description of an approach, using the
current community-wide strategic planning and needs
assessment described in section 640(g)(1)(C) and
current program schedule (current as of the date of
submission of the application), that transitions all of
the agency's Head Start programs to a full school day,
full school year program schedule; and
``(C) a budget justification that estimates the
supplemental funding necessary to provide for
incremental ongoing operating costs for the extended
hours of service under such a program schedule for the
current enrollment in the agency's Head Start programs.
``(2) Exceptions.--
``(A) Migrant and seasonal head start.--
``(i) In general.--A migrant and seasonal
Head Start agency may apply for a grant
described in subsection (a) without meeting the
requirements specified in paragraph (1) to
ensure continuous Head Start services are
provided to children enrolled in a migrant and
seasonal Head Start program. To be eligible to
receive the grant, the agency shall submit an
application at such time and in such manner as
the Secretary may require.
``(ii) Priority.--In making grants to
applicants described in clause (i), the
Secretary shall give priority to a migrant and
seasonal Head Start agency operating for fewer
than 8 months per year.
``(B) Full-day, full-year head start agencies.--
``(i) In general.--A Head Start agency
(including an Early Head Start agency) that
certifies to the Secretary that it is meeting
the full-day, full-year need within its
community may apply for a grant to enhance the
quality of services provided to children
enrolled in its Head Start program (including
its Early Head Start program) in accordance
with subsection (c)(2).
``(ii) Application.--A Head Start agency
(including Early Head Start agency) that meets
the requirements of clause (i) shall submit an
application, which shall include--
``(I) the proposed uses of funds in
accordance with subsection (c)(2); and
``(II) how such uses of funds
relate to the community-wide strategic
planning and needs assessment described
under section 640(g)(1)(C).
``(c) Use of Funds.--
``(1) Extended duration.--A Head Start agency that meets
the requirements of paragraph (1) or (2) of subsection (a)
receiving a grant under this section shall use the grant funds
to cover the costs associated with extending those hours of
service for the current enrollment, such as additional costs
for--
``(A) the purchase, rental, renovation, and
maintenance of additional facilities;
``(B) ongoing purchases of classroom supplies;
``(C) staff providing services during the extended
hours; and
``(D) professional development to staff
transitioning to providing services during the extended
hours.
``(2) Enhancing program quality.--A Head Start agency
(including an Early Head Start agency) that meets the
requirements of subsection (a)(3) shall use funds for the
activities authorized under section 640(a)(5)(B).
``(3) Exception.--The Head Start agency shall not use the
grant funds to expand the number of children served in the Head
Start program (including the Early Head Start program) of the
agency.
``(d) Reservations.--
``(1) Activities.--From the total amount appropriated to
carry out this section, the Secretary shall--
``(A) for making grants for the activities
described in subsection (c)(1)(A), reserve
$4,000,000,000 of the funds appropriated for fiscal
year 2024; and
``(B) for making grants for the activities
described in any of subparagraphs (B) through (D) of
subsection (c)(1), reserve--
``(i) $833,000,000 of the funds
appropriated for fiscal year 2024;
``(ii) $852,000,000 of the funds
appropriated for fiscal year 2025; and
``(iii) $872,000,000 of the funds
appropriated for fiscal year 2026.
``(2) Priority.--The Secretary shall prioritize Head Start
agencies (including Early Head Start agencies) that are
applying to use funds to carry out the activities described in
subsection (a)(1).
``(3) Migrant or seasonal head start programs.--From the
amount appropriated to carry out this section for a fiscal year
and reserved under paragraph (1)(B), the Secretary shall
reserve 4.5 percent for migrant or seasonal Head Start
programs.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $4,833,000,000 for fiscal year 2024;
``(2) $852,000,000 for fiscal year 2025; and
``(3) $872,000,000 for fiscal year 2026.
``(f) Definitions.--In this section:
``(1) Full school day; full school year.--The terms `full
school day' and `full school year' mean such a day and year,
respectively, within the meaning of the Head Start Program
Performance standards issued under section 641A(a).
``(2) Migrant and seasonal head start agency.--The term
`migrant and seasonal Head Start agency' means an agency that
is funded under this subchapter to provide a migrant and
seasonal Head Start program.''.
(b) Conforming Amendments.--Section 640 of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in subsection (a)(6), by striking ``appropriated under
this subchapter'' each place it appears and inserting
``appropriated under section 639''; and
(2) in subsection (g)(3)(A)--
(A) by striking ``amount appropriated'' each place
it appears and inserting ``amount appropriated under
section 639'';
(B) by striking ``services provided under this
subchapter'' and inserting ``services provided under
this subchapter (other than section 657C)''; and
(C) by striking ``agency under this subchapter''
and inserting ``agency under this subchapter (other
than section 657C)''.
SEC. 402. APPROPRIATION FOR WAGES.
(a) Appropriation.--There is authorized to be appropriated, and
there is appropriated, out of any funds in the Treasury not otherwise
appropriated, $2,700,000,000 for fiscal year 2024 and each subsequent
fiscal year, to carry out subsection (b).
(b) Use of Funds.--Using funds made available under subsection (a),
the Secretary of Health and Human Services shall assist Head Start
agencies (including Early Head Start agencies) funded under the Head
Start Act (42 U.S.C. 9831 et seq.), to the extent needed to ensure that
their teachers and staff--
(1) receive wages that are comparable to wages for
elementary educators with similar credentials and experience in
the State; or
(2) at a minimum, receive a living wage.
(c) Application.--In carrying out subsection (b), the Secretary
shall apply the Head Start Act, except to the extent that subsection
(b) is inconsistent with that Act.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 71 (Thursday, April 27, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Mr. SCOTT of Virginia:\nH.R. 2976.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle I, Section 8 of the Constitution of the United\nStates.\nThe single subject of this legislation is:\nchild care.\n[Page H2088]\n</pre>",
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118HR2977 | Behavioral Health Crisis Care Centers Act of 2023 | [
[
"S000510",
"Rep. Smith, Adam [D-WA-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2977 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2977
To direct the Secretary of Health and Human Services to award grants
for the purpose of establishing, operating, or expanding one-stop
crisis facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Smith of Washington introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Financial Services, 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 direct the Secretary of Health and Human Services to award grants
for the purpose of establishing, operating, or expanding one-stop
crisis 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 ``Behavioral Health Crisis Care
Centers Act of 2023''.
SEC. 2. GRANT PROGRAM FOR ONE-STOP CRISIS FACILITIES.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), in consultation with
the Secretary of Housing and Urban Development, the Attorney General,
the Secretary of the Interior, and the heads of any other relevant
Federal agencies, shall award grants to eligible entities in the
amounts determined pursuant to subsection (d) for the purpose of
establishing, operating, or expanding one-stop crisis facilities.
(b) Eligible Activities.--Activities funded through a grant under
this section for establishing, operating, or expanding a one-stop
crisis facility may include--
(1) acquiring, constructing, or developing facilities;
(2) acquiring supplies or equipment;
(3) training, hiring, and retaining staff;
(4) establishing, operating, or expanding services provided
at a one-stop crisis facility, including--
(A) health care services, including behavioral
health and substance use disorder treatment, including
medication for opioid use disorder;
(B) counseling;
(C) case management services and recovery oriented
supports;
(D) housing assistance, including financial
assistance for housing;
(E) legal services; and
(F) other wrap-around services, not limited to
services that are clinical in nature, provided as part
of a one-stop crisis facility;
(5) coordinating with governmental and nongovernmental
partners (including local crisis response, law enforcement,
fire services, emergency medical services, health care
entities, workforce development programs, aging, disability,
and senior services, community-based organizations, faith-based
organizations, civic organizations, housing authorities,
continuum of care programs, immigrant and refugee assistance
organizations, veteran service organizations, deflection
initiatives led by first responders, evidence-based jail
diversion programs, such as law enforcement-assisted diversion
programs, children and family organizations, and other entities
involved in the provision of wrap-around services, not limited
to clinical services);
(6) conducting outreach services to engage with vulnerable
and high-need communities, including individuals living at
public or federally assisted housing facilities or receiving
Federal housing assistance, youths, and unhoused individuals;
and
(7) planning system-wide coordination with other entities
involved in crisis response.
(c) Subgrants.--A recipient of a grant under this section may use
such grant to award subgrants to nongovernmental entities for the
purpose of providing one-stop crisis facility services, including those
described in paragraphs (3), (4), (5), and (6) of subsection (b).
(d) Determination of Amounts.--
(1) Metropolitan cities.--Of the total amount made
available for a fiscal year pursuant to subsection (g)(2)(A),
the Secretary shall award to each metropolitan city receiving a
grant under this section an amount that bears the same
proportion to such total amount as the population of such
metropolitan city bears to the total population of all
metropolitan cities receiving grants under this section.
(2) Nonentitlement units of local government.--Of the total
amount made available for a fiscal year pursuant to subsection
(g)(2)(B), the Secretary shall award to each nonentitlement
unit of local government receiving a grant under this section
an amount that bears the same proportion to such total amount
as the population of such nonentitlement unit of local
government bears to the total population of all nonentitlement
units of local government receiving grants under this section.
(3) Counties.--The Secretary shall award to each county
receiving a grant under this section--
(A) of half of the amount made available for a
fiscal year pursuant to subsection (g)(2)(C), an amount
that is equal for each such county; and
(B) of the remaining half of the amount made
available for a fiscal year pursuant to subsection
(g)(2)(C), an amount that bears the same proportion to
such remaining half as the population of such county
bears to the total population of all counties receiving
grants under this section.
(4) States.--The Secretary shall award to each State
receiving a grant under this section--
(A) of half of the amount made available for a
fiscal year pursuant to subsection (g)(2)(D), an amount
that is equal for each such State; and
(B) of the remaining half of the amount made
available for a fiscal year pursuant to subsection
(g)(2)(D), an amount that bears the same proportion to
such remaining half as the population of such State
bears to the total population of all States receiving
grants under this section.
(5) Indian tribes.--The Secretary shall award to each
Indian Tribe receiving a grant under this section--
(A) of 25 percent of the amount made available for
a fiscal year pursuant to subsection (g)(2)(E), an
amount that is equal for each such Indian Tribe; and
(B) of 75 percent of the amount made available for
a fiscal year pursuant to subsection (g)(2)(E), an
amount determined by the Secretary of the Interior.
(6) Territories.--Of the total amount made available for a
fiscal year pursuant to subsection (g)(2)(F), the Secretary
shall award to each territory receiving a grant under this
section an amount that bears the same proportion to such total
amount as the population of such territory bears to the total
population of all territories receiving grants under this
section.
(e) Application.--
(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may require.
(2) Plan.--Such an application shall include a plan for how
the grant funds will be used, including--
(A) how such plan is informed by stakeholders in
the community, especially people with lived experiences
with a behavioral health crisis, people with
disabilities, and community organizations that work
with these communities;
(B) how the recipient will collaborate with
community-based organizations to connect individuals
with appropriate services in a timely and direct
manner;
(C) how the recipient will establish a housing
first policy strategy for adults experiencing
homelessness and a transitional housing, wrap around
services strategy for youth in crisis;
(D) how the recipient will prioritize equitable
access for people facing language, cultural,
disability-related, and other barriers, including how
staff will be trained in cultural competency and
trauma-informed care;
(E) how the recipient will work in conjunction with
crisis response systems, law enforcement, fire
services, emergency medical services, homeless
outreach, community health workers, and emergency
departments to divert individuals experiencing a
behavioral health or substance use crisis to the one-
stop crisis facility;
(F) how the recipient will consult with people with
lived experience with a behavioral health crisis to
design centers that have a ``home-like'' environment
that is accessible;
(G) how the recipient will work in conjunction with
continuum of care programs and housing providers to
connect individuals at assisted housing facilities with
the one-stop crisis facility to receive supportive
services; and
(H) how the recipient intends to create programming
and services specific to the needs of youth.
(f) Nondiscrimination.--No person in the United States shall, on
the basis of actual or perceived race, color, religion, national
origin, sex (including sexual orientation and gender identity), or
disability, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
funded, in whole or in part, with funds made available under this Act.
(g) Definitions.--In this section:
(1) The terms ``county'', ``metropolitan city'', and
``nonentitlement unit of local government'' have the meanings
given to such terms in section 603(g) of the Social Security
Act (42 U.S.C. 803(g)).
(2) The term ``eligible entity'' means a metropolitan city,
a nonentitlement unit of local government, a county, a State,
an Indian Tribe, or a territory.
(3) The term ``Indian Tribe'' has the meaning given to the
term ``Indian tribe'' in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(4) The term ``one-stop crisis facility'' means a facility
that provides, at a single location--
(A) on-site services for behavioral health and
substance use disorder;
(B) housing services; and
(C) coordination with health care services, housing
services, legal aid, or other case management or wrap-
around services available in the community.
(5) The term ``State'' means each State of the United
States and the District of Columbia.
(6) The term ``territory'' means the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $11,500,000,000 for each of fiscal years
2024 through 2028.
(2) Reservation.--Of the amounts authorized to be
appropriated by paragraph (1)--
(A) $3,000,000,000 shall be for grants to
metropolitan cities;
(B) $1,000,000,000 shall be for grants to
nonentitlement units of local government;
(C) $3,000,000,000 shall be for grants to counties;
(D) $2,000,000,000 shall be for grants to States;
(E) $2,000,000,000 shall be for grants to Indian
Tribes; and
(F) $500,000,000 shall be for grants to
territories.
<all>
</pre></body></html>
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118HR2978 | Cutting Paperwork for Taxpayers Act | [
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"Rep. Spanberger, Abigail Davis [D-VA-7]",
"sponsor"
],
[
"K000397",
"Rep. Kim, Young [R-CA-40]",
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]
] | <p><strong>Cutting Paperwork for Taxpayers Act </strong></p> <p>This bill excludes from the gross income of individual taxpayers and eligible small businesses, for income tax purposes, any interest allowed and paid upon a tax refund amount.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2978 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2978
To amend the Internal Revenue Code of 1986 to exclude from gross income
any interest paid on an overpayment of tax in the case of an individual
or small business.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Spanberger (for herself and Mrs. Kim of California) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to exclude from gross income
any interest paid on an overpayment of tax in the case of an individual
or small business.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cutting Paperwork for Taxpayers
Act''.
SEC. 2. INTEREST RECEIVED ON OVERPAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139J. INTEREST RECEIVED ON TAX OVERPAYMENTS.
``In the case of an individual or an eligible small business
described in section 44(b)(1), gross income shall not include any
interest allowed and paid upon an overpayment of tax pursuant to
section 6611.''.
(b) Clerical Amendment.--The table of contents for Part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting before the item relating to section 140 the
following new item:
``139J. Interest received on tax overpayments.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this section.
<all>
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118HR2979 | Border Airport Enhancement Act of 2023 | [
[
"S001196",
"Rep. Stefanik, Elise M. [R-NY-21]",
"sponsor"
],
[
"G000581",
"Rep. Gonzalez, Vicente [D-TX-34]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2979 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2979
To require the designation of certain airports as ports of entry, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Stefanik introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To require the designation of certain airports as ports of entry, 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 Airport Enhancement Act of
2023''.
SEC. 2. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF ENTRY; CERTAIN
HIRING ENHANCEMENTS FOR U.S. CUSTOMS AND BORDER
PROTECTION.
The President shall--
(1) pursuant to the Act of August 1, 1914 (38 Stat. 623,
chapter 223; 19 U.S.C. 2), designate the Valley International
Airport in Harlingen, Texas, and the Plattsburgh International
Airport in Plattsburgh, New York, as ports of entry; and
(2) terminate, if applicable, the application of the user
fee requirement under section 236 of the Trade and Tariff Act
of 1984 (19 U.S.C. 58b) with respect to each such airport.
<all>
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118HR298 | Expanding Access to Capital for Rural Job Creators Act | [
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... | <p><b>Expanding Access to Capital for Rural Job Creators Act</b></p> <p>This bill requires the Advocate for Small Business Capital Formation within the Securities and Exchange Commission to report on issues encountered by rural-area small businesses.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 298 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 298
To amend the Securities Exchange Act of 1934 to expand access to
capital for rural-area small businesses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Mooney (for himself, Mr. Cuellar, Mr. Pappas, and Ms. Leger
Fernandez) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to expand access to
capital for rural-area 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 ``Expanding Access to Capital for
Rural Job Creators Act''.
SEC. 2. ACCESS TO CAPITAL FOR RURAL-AREA SMALL BUSINESSES.
Section 4(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78d(j)) is amended--
(1) in paragraph (4)(C), by inserting ``rural-area small
businesses,'' after ``women-owned small businesses,''; and
(2) in paragraph (6)(B)(iii), by inserting ``rural-area
small businesses,'' after ``women-owned small businesses,''.
<all>
</pre></body></html>
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118HR2980 | DOE and NSF Interagency Research Act | [
[
"S001215",
"Rep. Stevens, Haley M. [D-MI-11]",
"sponsor"
],
[
"B001307",
"Rep. Baird, James R. [R-IN-4]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2980 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2980
To provide for Department of Energy and National Science Foundation
research and development coordination, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Stevens (for herself and Mr. Baird) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To provide for Department of Energy and National Science Foundation
research and development coordination, 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 ``DOE and NSF Interagency Research
Act''.
SEC. 2. DEPARTMENT OF ENERGY AND NATIONAL SCIENCE FOUNDATION RESEARCH
AND DEVELOPMENT COORDINATION.
(a) In General.--The Secretary of Energy (in this section referred
to as the ``Secretary'') and the Director of the National Science
Foundation (in this section referred to as the ``Director'') shall
carry out cross-cutting and collaborative research and development
activities focused on the joint advancement of Department of Energy and
National Science Foundation mission requirements and priorities.
(b) Memorandum of Understanding.--The Secretary and the Director
shall coordinate the activities under subsection (a) through the
establishment of a memorandum of understanding, or other appropriate
interagency agreement. Such memorandum or agreement, as the case may
be, shall require the use of a competitive, merit-reviewed process,
which considers applications from Federal agencies, National
Laboratories, institutions of higher education, non-profit
institutions, and other appropriate entities.
(c) Coordination.--In carrying out the activities under subsection
(a), the Secretary and the Director may--
(1) conduct collaborative research in a variety of focus
areas, such as--
(A) basic plasma science and engineering, including
applications in astrophysics, materials science, fusion
science, and accelerator science;
(B) fundamental biological and computational
science and engineering, including computational
neuroscience and neuromorphic computing, including in
collaboration with the program authorized under section
306 of the Department of Energy Research and Innovation
Act (42 U.S.C. 18644);
(C) modeling and simulation, machine learning,
artificial intelligence, data assimilation, large-scale
data analytics, and predictive analysis in order to
optimize algorithms for purposes related to energy and
climate;
(D) quantum information sciences, including quantum
computing and quantum network infrastructure, including
in collaboration with the programs authorized under
sections 403 and 404 of the National Quantum Initiative
Act (15 U.S.C. 8853 and 8854);
(E) energy and materials science and engineering,
including artificial photosynthesis, plasma, solar
fuels, and fusion, including in collaboration with the
programs authorized under sections 303 and 307 of the
Department of Energy Research and Innovation Act (42
U.S.C. 18641 and 18645), and section 973 of the Energy
Policy Act of 2005 (42 U.S.C. 16313);
(F) advanced manufacturing technologies, including
efficient storage systems and alternatives to high-
temperature processing, for the purposes of optimizing
energy consumption, including in collaboration with the
program authorized under section 975 of the Department
of Energy Research and Innovation Act (42 U.S.C.
16315);
(G) microelectronics, including novel chip
architectures, memory systems, and interconnects; and
(H) advanced physics, including high energy and
particle physics, accelerator research and development,
and high performance computational tools, including in
collaboration with the programs authorized under
section 303 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18641);
(2) promote collaboration, open community-based
development, and data and information sharing between Federal
agencies, National Laboratories, institutions of higher
education, nonprofit institutions, and other appropriate
entities by providing the necessary access and secure data and
information transfer capabilities;
(3) support research infrastructure, including new
facilities and equipment, as the Secretary and Director
determine necessary; and
(4) organize education, training, and research initiatives
relating to STEM education and workforce development.
(d) Agreements.--In carrying out the activities under subsection
(a), the Secretary and the Director are authorized to--
(1) carry out reimbursable agreements between the
Department of Energy, the National Science Foundation, and
other entities in order to maximize the effectiveness of
research and development; and
(2) collaborate with other Federal agencies, as
appropriate.
(e) Report.--Not later than two years after the date of the
enactment of this section, the Secretary and the Director shall submit
to the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the following:
(1) Interagency coordination between each Federal agency
involved in the research and development activities carried out
under this section.
(2) Potential opportunities to expand the technical
capabilities of the Department of Energy and the National
Science Foundation.
(3) Collaborative research achievements.
(4) Areas of future mutually beneficial successes.
(5) Continuation of coordination activities between the
Department of Energy and the National Science Foundation.
(f) Research Security.--The activities authorized under this
section shall be applied in a manner consistent with subtitle D of
title VI of the Research and Development, Competition, and Innovation
Act (enacted as division B of the CHIPS Act of 2022 (Public Law 117-
167; 42 U.S.C. 19231 et seq.)).
<all>
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118HR2981 | AID Act | [
[
"S001215",
"Rep. Stevens, Haley M. [D-MI-11]",
"sponsor"
],
[
"B001315",
"Rep. Budzinski, Nikki [D-IL-13]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2981 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2981
To amend the Higher Education Act of 1965 to provide a student loan
allowance calculation for purposes of determining the student aid
index.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Stevens introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide a student loan
allowance calculation for purposes of determining the student aid
index.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alleviating Intergenerational Debt
Act'' or the ``AID Act''.
SEC. 2. STUDENT LOAN ALLOWANCE CALCULATION FOR AWARD YEAR 2025-2026 AND
EACH SUCCEEDING AWARD YEAR.
(a) In General.--Section 475(c) of the Higher Education Act of 1965
(20 U.S.C. 1087oo(c)), as amended by title VII of division FF of the
FAFSA Simplification Act (Public Law 116-260), is further amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following:
``(E) beginning with award year 2025-2026, a
student loan allowance, determined in accordance with
paragraph (5).''; and
(2) by adding at the end the following:
``(5) Student loan allowance.--
``(A) In general.--The student loan allowance is
equal to the lesser of $4,000 or 15 percent of the
single parent's outstanding student loan debt or
married parents' combined outstanding student loan debt
(as adjusted under section 478(i)).
``(B) Exceptions.--A single parent with an adjusted
gross income of more than $200,000 (as adjusted under
section 478(i)), or married parents with a combined
adjusted gross income of more than $400,000 (as so
adjusted), may not receive a student loan allowance
under this paragraph.
``(C) Definitions.--In this paragraph:
``(i) Federal student loan.--The term
`Federal student loan' means any loan made,
insured, or guaranteed under this title.
``(ii) Outstanding student loan debt.--The
term `outstanding student loan debt', used with
respect to a parent, means the total amount of
principal, interest, and fees owed by such
parent, as of the date of determination of the
allowance under this paragraph, on Federal
student loans.''.
(b) Adjustment.--Section 478 of the Higher Education Act of 1965
(20 U.S.C. 1087rr), as amended by title VII of division FF of the FAFSA
Simplification Act (Public Law 116-260), is further amended by adding
at the end the following:
``(i) Student Loan Expense Allowance.--For award year 2026-2027 and
each succeeding award year, the Secretary shall publish in the Federal
Register a revised table of student loan allowances for the purpose of
section 475(c)(5). Such revised table shall be developed by increasing
the dollar amounts specified in subparagraphs (A) and (B) of section
475(c)(5) by a percentage equal to the percentage increase in the
Consumer Price Index, as defined in subsection (f), between April 2020
and the April in the year prior to the beginning of the award year and
rounding the result to the nearest $10.''.
SEC. 3. REPORT TO CONGRESS.
(a) In General.--Not later than July 1, 2026, and on an annual
basis thereafter, the Secretary of Education shall prepare and submit
to Congress a report on the impacts of the amendments made by this Act,
which shall include the following information with respect to the most
recent award year for which information is available:
(1) The number and percentage of dependent students whose
student aid index computations under subsection (a) of section
475 of the Higher Education Act of 1965 (20 U.S.C. 1087oo)
include the subtraction under subsection (c) of such section
475 of a student loan allowance determined under paragraph (5)
of such subsection (c), as added by section 2, from the
parents' total income, disaggregated--
(A) by students who are eligible for a Federal Pell
Grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a) for such award year; and
(B) by students who are not eligible for such a
Federal Pell Grant.
(2) The average amount of the student loan allowance
described in paragraph (1).
<all>
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118HR2982 | New York-New Jersey Watershed Protection Act | [
[
"T000469",
"Rep. Tonko, Paul [D-NY-20]",
"sponsor"
],
[
"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
"cosponsor"
],
[
"P000034",
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"cosponsor"
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[
"S000522",
"Rep. Smith, Christopher H. [R-NJ-4]",
"cosponsor"
],
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2982 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2982
To establish the New York-New Jersey Watershed Restoration Program, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Tonko (for himself, Ms. Malliotakis, Mr. Pallone, Mr. Smith of New
Jersey, Ms. Velazquez, Mr. Van Drew, Mr. Nadler, Mr. Lawler, Mr. Payne,
Mr. Molinaro, Ms. Ocasio-Cortez, and Mr. Kean of New Jersey) introduced
the following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To establish the New York-New Jersey Watershed Restoration Program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New York-New Jersey Watershed
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Approved plan.--
(A) In general.--The term ``approved plan'' means
any plan for management of the Watershed--
(i) that has been approved by a Federal,
regional, State, Tribal, or local governmental
entity, including State Wildlife Action Plans,
Comprehensive Conservation Management Plans,
and Watershed Improvement Plans; or
(ii) that is determined by the Secretary,
in consultation with the entities described in
clause (i), to contribute to the achievement of
the purposes of this Act.
(B) Inclusions.--The term ``approved plan''
includes--
(i) the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda;
(ii) the Hudson Raritan Comprehensive
Restoration Plan;
(iii) the Hudson River Comprehensive
Restoration Plan;
(iv) the Hudson River Estuary Program
Action Agenda;
(v) the Mohawk River Action Agenda;
(vi) the Sustainable Raritan River
Initiative Action Plan;
(vii) the Lower Passaic and Bronx & Harlem
Federal Urban Waters Partnership Workplans;
(viii) the New Jersey Sports and Exhibition
Authority Meadowlands Restoration Plan; and
(ix) such other conservation projects in
the region that achieve the purposes of this
Act, as determined by the Secretary.
(2) Environmental justice.--The term ``environmental
justice'', with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies,
means the fair treatment and meaningful involvement of all
people, regardless of race, color, national origin, or income.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(4) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 4(a).
(5) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under section
3(a).
(6) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife, including water
quality--
(A) to preserve and improve ecosystems and
ecological processes on which those fish and wildlife
depend; and
(B) for use and enjoyment by the public.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(8) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is composed of--
(A) all land area the surface water of which drains
into the New York-New Jersey Harbor;
(B) the waters contained within that land area; and
(C) the estuaries associated with those watersheds.
SEC. 3. NEW YORK-NEW JERSEY WATERSHED RESTORATION PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a nonregulatory
program, to be known as the ``New York-New Jersey Watershed Restoration
Program''.
(b) Purposes.--The purposes of the program shall include--
(1) coordinating restoration and protection activities
among Federal, State, Tribal, local, and regional entities and
conservation partners throughout the Watershed;
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance for those
activities, throughout the Watershed--
(A) to sustain and enhance fish and wildlife
habitat;
(B) to improve and maintain water quality to
support fish, wildlife, and their habitats, as well as
to improve opportunities for public access and
recreation in the Watershed consistent with the
ecological needs of fish and wildlife habitats;
(C) to advance the use of natural climate solutions
and natural infrastructure, including living shorelines
and other green infrastructure techniques, to maximize
the resilience of communities, natural systems, and
habitats experiencing the impacts of climate change;
(D) to engage the public, particularly communities
experiencing environmental injustice, through outreach,
education, and community involvement to increase
capacity, support, and workforce development for
coordinated restoration and protection activities in
the Watershed;
(E) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities in the Watershed;
(F) to provide for feasibility and planning studies
for green infrastructure projects that achieve habitat
restoration and stormwater management goals;
(G) to support land conservation and management
activities necessary to fulfill the Watershed-wide
strategy adopted under subsection (c)(3);
(H) to monitor environmental quality to assess
progress toward the purposes of this Act; and
(I) to improve fish and wildlife habitats, as well
as opportunities for personal recreation, along rivers
and shore fronts within communities experiencing
environmental injustice; and
(3) carrying out restoration and protection activities
necessary, as determined by the Secretary, for the
implementation of approved plans.
(c) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing and new approved plans for the
Watershed, or portions of the Watershed;
(2) work in consultation with applicable management
entities, including representatives of the New York-New Jersey
Harbor and Estuary Program (HEP), the Hudson River Estuary
Program, the Mohawk River Basin Program, the Sustainable
Raritan River Initiative, the Federal Government, other State
and local governments, and regional and nonprofit
organizations, including environmental justice organizations,
as appropriate, to identify, prioritize, and implement
restoration and protection activities within the Watershed; and
(3) adopt a Watershed-wide strategy that--
(A) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (2);
(B) targets cost-effective projects with measurable
results;
(C) maximizes conservation outcomes;
(D) prioritizes the needs of communities
experiencing environmental injustice; and
(E) implements the grant program.
(d) Consultation.--In establishing the program, the Secretary shall
consult with, as appropriate--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Secretary of Agriculture;
(D) the Director of the National Park Service; and
(E) the heads of such other Federal agencies as the
Secretary determines to be appropriate;
(2) the Governor of New York;
(3) the Governor of New Jersey;
(4) the Commissioner of the New York State Department of
Environmental Conservation;
(5) the Director of the New Jersey Division of Fish and
Wildlife;
(6) the New York-New Jersey Harbor & Estuary Program; and
(7) other public agencies, Indian Tribes, and organizations
with authority for the planning and implementation of
conservation strategies in the Watershed, as determined
appropriate by the Secretary.
SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a voluntary grant
and technical assistance program, to be known as the ``New York-New
Jersey Watershed Restoration Grant Program'', to provide competitive
matching grants to State, Tribal, and local governments, nonprofit
organizations, institutions of higher education, and other eligible
entities, as determined by the Secretary, to carry out the coordinated
restoration and protection activities described in section 3(b)(2).
(b) Criteria.--The Secretary, in consultation with the individuals
and entities referred to in section 3(d), shall develop criteria for
the grant program to ensure that activities funded under the grant
program--
(1) accomplish 1 or more of the purposes identified in
section 3(b)(2); and
(2) advance the implementation of priority actions or needs
identified in the Watershed-wide strategy adopted under section
3(c)(3).
(c) Capacity Building.--In carrying out the grant program, the
Secretary shall seek to increase the effectiveness of organizations
that carry out restoration and protection activities described in
section 3(b)(2) within the Watershed by addressing organizational
capacity needs.
(d) Cost-Share.--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the total cost of a
restoration and protection activity carried out under
the grant program shall be not more than 50 percent, as
determined by the Secretary.
(B) Small, rural, and disadvantaged communities.--
(i) In general.--Subject to clause (ii) the
Federal share of the total cost of a
restoration and protection activity carried out
under the grant program that serves a small,
rural, or disadvantaged community shall be 90
percent, as determined by the Secretary.
(ii) Waiver.--The Secretary may increase
the Federal share under clause (i) to 100
percent of the total cost of the restoration
and protection activity if the Secretary
determines that the grant recipient is unable
to pay, or would experience significant
financial hardship if required to pay, the non-
Federal share.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the total
cost of a restoration and protection activity carried
out under the grant program shall be not more than 50
percent, as determined by the Secretary.
(B) Form of payment.--The non-Federal share
described in subparagraph (A) may be provided--
(i) in cash; or
(ii) in the form of an in-kind contribution
of services or materials.
(e) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with--
(A) the Foundation; or
(B) a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the Foundation or similar organization
selected, as applicable, shall--
(A) receive the amounts made available to carry out
the grant program under section 7 for each applicable
fiscal year in an advance payment of the entire amount
on October 1 of that fiscal year, or as soon as
practicable thereafter;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) administer the grant program to support
partnerships between the public and private sectors in
accordance with this Act.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
SEC. 5. ANNUAL REPORT.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to Congress a
report on the implementation of this Act, including a description of
each activity that has received funding under this Act in the preceding
fiscal year.
SEC. 6. PROHIBITION ON FEDERAL LAND HOLDINGS.
The Federal Government may not maintain ownership of any land
acquired under this Act except for the purpose of promptly transferring
ownership to an entity described in section 4(a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $20,000,000 for each of fiscal years
2024 through 2029, of which not more than 5 percent shall be used for
administrative costs of carrying out this Act.
(b) Grant Program.--Of the amounts made available to carry out this
Act for each fiscal year, the Secretary shall use not less than 75
percent to carry out the grant program, including for technical
assistance relating to the grant program.
(c) Supplement, Not Supplant.--Amounts made available to carry out
this Act for each fiscal year shall supplement, and not supplant,
funding for other activities conducted by the Secretary in the
Watershed.
SEC. 8. SUNSET.
This Act shall cease to have force or effect on October 1, 2030.
<all>
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118HR2983 | Fresh Start Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2983 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2983
To amend the Brady Handgun Violence Prevention Act to establish grants
for States for purposes of modernizing criminal justice data
infrastructure to facilitate automated record sealing and expungement,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Trone (for himself, Ms. Mace, Ms. Blunt Rochester, Mr. Bacon, Mr.
Fitzpatrick, Mr. Armstrong, Mr. Crenshaw, Ms. Scanlon, Mr. Harder of
California, Mr. Meuser, Ms. Kuster, Mr. Wenstrup, and Ms. Norton)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Brady Handgun Violence Prevention Act to establish grants
for States for purposes of modernizing criminal justice data
infrastructure to facilitate automated record sealing and expungement,
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 ``Fresh Start Act of 2023''.
SEC. 2. IMPLEMENTATION OF EXPUNGEMENT LAWS.
Section 106(b) of the Brady Handgun Violence Prevention Act (34
U.S.C. 40302(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) to implement a covered expungement law.'';
and
(2) by adding at the end the following:
``(3) Covered expungement laws.--In this subsection:
``(A) The term `automatic' means, with regard to
the expungement or sealing of a criminal record, that
such expungement or sealing occurs without any action
required on the part of the State from an eligible
individual.
``(B) The term `covered expungement law' means a
law of a State providing for the automatic expungement
or sealing, subject to such requirements as the State
may impose (including provisions ensuring continued
access to the expunged or sealed material by courts and
law enforcement agencies), of a criminal record of an
individual, without delay by reason of a failure to pay
a fee or fine.
``(4) Reporting requirements.--
``(A) In general.--A State receiving a grant under
this section shall report to the Attorney General, each
year of the grant term, pursuant to guidelines
established by the Attorney General, information
regarding the following:
``(i) The number of individuals eligible
for automatic expungement or sealing under the
covered expungement law of that State,
disaggregated by race, ethnicity, and gender.
``(ii) The number of individuals whose
records have been expunged or sealed annually
since the enactment of such law, disaggregated
by race, ethnicity, and gender.
``(iii) The number of individuals whose
application for expungement or sealing under
such law are still pending, disaggregated by
race, ethnicity, and gender.
``(B) Inaccessibility of data for reporting.--In
the event that elements of the data on expungement and
sealing required to be reported under subparagraph
(A)(i) are not able to be compiled and reported, the
State shall develop and report a comprehensive plan to
obtain as much of the unavailable data as possible not
later than the date that is one year after the first
year of the grant being awarded.
``(C) Publication.--Not later than 1 year after the
date of enactment of this paragraph, and each year
thereafter, the Attorney General shall publish, and
make available to the public, a report containing the
data reported to the Attorney General under this
subparagraph.''.
<all>
</pre></body></html>
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118HR2984 | CLAIM Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2984 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2984
To create a safe harbor for insurers engaging in the business of
insurance in connection with a cannabis-related legitimate business,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Velazquez (for herself and Mr. Davidson) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To create a safe harbor for insurers engaging in the business of
insurance in connection with a cannabis-related legitimate business,
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 ``Clarifying Law Around Insurance of
Marijuana Act'' or the ``CLAIM Act''.
SEC. 2. SAFE HARBOR FOR INSURERS AND THE BUSINESS OF INSURANCE.
(a) Definitions.--In this Act:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article which
is a concentrate, an edible, a tincture, a cannabis-infused
product, or a topical.
(3) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a manufacturer,
producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
(4) Federal agency.--The term ``Federal agency''--
(A) has the meaning given the term ``Executive
agency'' in section 105 of title 5, United States Code;
and
(B) includes a private attorney described in
section 3002(1)(B) of title 28, United States Code.
(5) Financial service.--The term ``financial service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481);
and
(B) includes--
(i) the business of insurance;
(ii) whether performed directly or
indirectly, the authorizing, processing,
clearing, settling, billing, transferring for
deposit, transmitting, delivering, instructing
to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of
payments or funds, where such payments or funds
are made or transferred by any means, including
by the use of credit cards, debit cards, other
payment cards, or other access devices,
accounts, original or substitute checks, or
electronic funds transfers;
(iii) acting as a money transmitting
business which directly or indirectly makes use
of a depository institution in connection with
effectuating or facilitating a payment for a
cannabis-related legitimate business or service
provider in compliance with section 5330 of
title 31, United States Code, and any
applicable State law; and
(iv) acting as an armored car service for
processing and depositing with a depository
institution or a Federal reserve bank with
respect to any monetary instruments (as defined
under section 1956(c)(5) of title 18, United
States Code.
(6) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(8) Insurer.--The term ``insurer'' has the meaning given
the term in section 313(r) of title 31, United States Code.
(9) Manufacturer.--The term ``manufacturer'' means a person
or company who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(10) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
(b) Insurers.--A Federal agency may not--
(1) prohibit, penalize, or otherwise discourage an insurer
from engaging in the business of insurance in connection with--
(A) a cannabis-related legitimate business; or
(B) a State, political subdivision of a State, or
Indian Tribe that exercises jurisdiction over cannabis-
related legitimate businesses;
(2) terminate, cancel or otherwise limit the policies of an
insurer solely because the insurer has engaged in the business
of insurance in connection with a cannabis-related legitimate
business;
(3) recommend, incentivize, or encourage an insurer not to
engage in the business of insurance in connection with a
policyholder, or downgrade or cancel the insurance and
insurance services offered to a policyholder solely because--
(A) the policyholder is--
(i) a manufacturer or producer, or
(ii) the owner, operator, or employee of a
cannabis-related legitimate business;
(B) the policyholder later becomes an employee,
owner, or operator of a cannabis-related legitimate
business; or
(C) the insurer was not aware that the policyholder
is an employee, owner, or operator of a cannabis-
related legitimate business; or
(4) take any adverse or corrective supervisory action on a
policy to--
(A) a cannabis-related legitimate business, solely
because the owner or operator owns or operates a
cannabis-related legitimate business;
(B) an employee, owner, or operator of a cannabis-
related legitimate business or service provider, solely
because the employee, owner, or operator is employed
by, owns, or operates a cannabis-related legitimate
business, as applicable; or
(C) an owner or operator of real estate or
equipment that is leased to a cannabis-related
legitimate business, solely because the owner or
operator of the real estate or equipment leased the
equipment or real estate to a cannabis-related
legitimate business, as applicable.
(c) Protections Under Federal Law.--With respect to engaging in the
business of insurance within a State, political subdivision of a State,
or Indian country that allows the cultivation, production, manufacture,
sale, transportation, display, dispensing, distribution, or purchase of
cannabis pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the Indian
country, as applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or service
provider or who otherwise engages with a person in a transaction
permissible under State law related to cannabis, and the officers,
directors, and employees of that insurer may not be held liable
pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from such
business of insurance.
(d) Rule of Construction.--Nothing in this Act shall--
(1) require an insurer to engage in the business of
insurance in connection with a cannabis-related legitimate
business; or
(2) interfere with the regulation of the business of
insurance in accordance with the Act of March 9, 1945 (59 Stat.
33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the
``McCarran-Ferguson Act'') and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 3. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States shall
carry out a study on the barriers to marketplace entry, including in
the licensing process, and the access to financial services for
potential and existing minority-owned and women-owned cannabis-related
legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to the
Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
<all>
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118HR2985 | HEAR Act of 2023 | [
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"cos... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2985
To regulate firearm silencers and firearm mufflers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mrs. Watson Coleman (for herself, Ms. Crockett, Ms. Tlaib, Ms. Norton,
Mr. Nickel, Mr. Ivey, Ms. Lee of California, and Mr. Espaillat)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To regulate firearm silencers and firearm mufflers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Empower Americans to Respond
Act of 2023'' or the ``HEAR Act of 2023''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``(C) any firearm muffler
or firearm silencer; or (D)'' and inserting ``or (C)''; and
(2) by adding at the end the following:
``(38) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON FIREARM SILENCERS AND FIREARM MUFFLERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to import, sell, manufacture, transfer, or possess, in or
affecting interstate or foreign commerce, a firearm silencer or firearm
muffler.
``(2) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off-duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off-duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials; or
``(C) the importation for, manufacture for, sale to,
transfer to, or possession by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Attorney General.
``(3) For purposes of paragraph (2)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Seizure and Forfeiture of Firearm Silencers and Firearm
Mufflers.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``or (k)'' and inserting
``(k), or (v)''; and
(2) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR FIREARM SILENCERS
AND FIREARM MUFFLERS.
(a) In General.--Section 501(a)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended
by adding at the end the following:
``(J) Compensation for surrendered firearm
silencers and firearm mufflers, as those terms are
defined in section 921 of title 18, United States Code,
under the buy-back program for firearm silencers and
firearm mufflers required under section 5(b) of the
Help Empower Americans to Respond Act of 2023.''.
(b) Requirement.--During the 90-day period described in section 6,
the Attorney General shall establish and implement a buy-back program,
to be carried out across the United States, to purchase firearm
silencers and firearm mufflers (as defined in section 921(a) of title
18, United States Code) from individuals seeking to comply with the
requirements of this Act and the amendments made by this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 2, 3, and 4 shall take effect on
the date that is 90 days after the date of enactment of this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
<all>
</pre></body></html>
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118HR2986 | HEALTH Act | [
[
"W000806",
"Rep. Webster, Daniel [R-FL-11]",
"sponsor"
],
[
"D000616",
"Rep. DesJarlais, Scott [R-TN-4]",
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] | <p><strong>Helping Everyone Access Long Term Healthcare Act or the HEALTH Act</strong></p> <p>This bill allows a tax deduction for direct primary care physicians who provide charity care. The care must be provided without expectation of reimbursement and to an individual enrolled in Medicaid or the Children's Health Insurance Program (CHIP). </p> <p>A <em>direct primary care physician</em> is a physician who provides primary care (1) to individuals who have paid a periodic subscription fee, and (2) in exchange for a fee that is published on a publicly available website of the physician.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2986 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2986
To amend the Internal Revenue Code of 1986 to provide a deduction for
certain charity care furnished by physicians, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Webster of Florida (for himself and Mr. DesJarlais) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide a deduction for
certain charity care furnished by physicians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Everyone Access Long Term
Healthcare Act'' or the ``HEALTH Act''.
SEC. 2. DEDUCTION FOR QUALIFIED CHARITY CARE.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 199B. QUALIFIED CHARITY CARE.
``(a) In General.--There shall be allowed as a deduction for the
taxable year an amount equal to--
``(1) in the case of a direct primary care physician, an
amount equal to the sum of--
``(A) the fee (as published on a publicly available
website of such physician) for physicians' services
that are qualified charity care furnished by such
taxpayer during such year, and
``(B) for each visit by a patient to such physician
during which qualified charity care is furnished, half
of so much of the lowest subscription fee of such
physician that is attributable to a month, and
``(2) in the case of any other individual, the unreimbursed
Medicare-based value of qualified charity care furnished by
such taxpayer during such year.
``(b) Definitions.--For purposes of this section:
``(1) Unreimbursed medicare-based value.--The term
`unreimbursed Medicare-based value' means, with respect to
physicians' services, the amount payable for such services
under the physician fee schedule established under section 1848
of the Social Security Act.
``(2) Qualified charity care.--The term `qualified charity
care' means physicians' services that are furnished--
``(A) without expectation of reimbursement, and
``(B) to an individual enrolled--
``(i) under a State plan under title XIX of
the Social Security Act (or a waiver of such
plan), or
``(ii) under a State child health plan
under title XXI of the Social Security Act (or
a waiver of such plan).
``(3) Direct primary care physician.--The term `direct
primary care physician' means a physician (as defined in
section 1861(r) of the Social Security Act) who provides
primary care--
``(A) to individuals who have paid a periodic
subscription fee, and
``(B) in exchange for a fee that is published on a
publicly available website of such physician.
``(4) Physicians' services.--The term `physicians'
services' has the meaning given such term by section 1861(q) of
the Social Security Act.
``(c) Limitation.--The amount allowed as a deduction under
subsection (a) for a taxable year shall not exceed the gross receipts
attributable to physicians' services furnished by the taxpayer during
the taxable year.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 199B. Qualified charity care.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
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118HR2987 | Election Mail Act | [
[
"W000788",
"Rep. Williams, Nikema [D-GA-5]",
"sponsor"
],
[
"T000193",
"Rep. Thompson, Bennie G. [D-MS-2]",
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[
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"cosp... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2987 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2987
To amend title 39, United States Code, and the Help America Vote Act of
2002 to improve procedures and requirements related to election mail.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Ms. Williams of Georgia (for herself, Mr. Thompson of Mississippi, Mr.
Johnson of Georgia, Ms. Crockett, Ms. Jackson Lee, Mrs. Watson Coleman,
Ms. Norton, Mr. Moulton, Mr. Schiff, Ms. Sewell, Mr. Trone, Mr. Veasey,
Mr. Mullin, Ms. Lee of California, Ms. Tokuda, Ms. Barragan, Ms.
Brownley, Mr. Espaillat, and Mr. Landsman) introduced the following
bill; which was referred to the Committee on House Administration, and
in addition to the Committee on Oversight and Accountability, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title 39, United States Code, and the Help America Vote Act of
2002 to improve procedures and requirements related to election mail.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Mail Act''.
SEC. 2. SAME-DAY PROCESSING OF ABSENTEE BALLOTS.
(a) In General.--Chapter 34 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 3407. Same-day processing of ballots
``(a) In General.--The Postal Service shall ensure, to the maximum
extent practicable, that any ballot carried by the Postal Service is
processed by and cleared from any postal facility or post office on the
same day that the ballot is received by that postal facility or post
office.
``(b) Definitions.--As used in this section--
``(1) the term `ballot' means any ballot transmitted by a
voter by mail in an election for Federal office, but does not
include any ballot covered by section 3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(b) Technical and Conforming Amendments.--
(1) Chapter heading.--The heading for chapter 34 of title
39, United States Code, is amended by striking ``ARMED FORCES
AND FREE POSTAGE'' and inserting ``ARMED FORCES; FREE POSTAGE;
ELECTION MAIL''.
(2) Table of chapters.--The table of chapters for part IV
of title 39, United States Code, is amended by striking the
item relating to chapter 34 and inserting the following:
``34. Armed Forces; Free Postage; Election Mail............. 3401''.
(3) Table of sections.--The table of sections for chapter
34 of title 39, United States Code, is amended by adding at the
end the following:
``3407. Same-day processing of ballots.''.
(c) Effective Date.--The amendments made by this subsection shall
apply to absentee ballots relating to an election for Federal office
occurring on or after the date that is 60 days after the date of
enactment of this Act.
SEC. 3. INTELLIGENT MAIL BARCODES FOR BALLOTS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081) is amended--
(1) by redesignating section 311 and section 312 as
sections 321 and 322, respectively;
(2) by redesignating subtitle B as subtitle C; and
(3) by inserting after subtitle A the following new
subtitle:
``Subtitle B--Requirements Relating to Mailed Ballots
``SEC. 311. USE OF INTELLIGENT MAIL BARCODES.
``(a) In General.--Each State and jurisdiction shall provide with
each ballot for an election for Federal office that is sent by mail a
return envelope that contains an intelligent mail barcode, as
prescribed by the United States Postal Service.
``(b) Exception.--Subsection (a) shall not apply to any ballot for
which a State or jurisdiction uses an alternative system that enables
voters to track the ballot through the mail.
``(c) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(d) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on or after January 1,
2024.''.
(b) Enforcement.--Section 401 of the Help America Vote Act of 2002
(52 U.S.C. 21111) is amended by inserting ``or the requirements
relating to mailed ballots under subtitle B of title III'' before the
period at the end.
(c) Conforming Amendment.--Section 321(a) of such Act (52 U.S.C.
21101), as redesignated by subsection (a), is amended by striking
``section 312'' and inserting ``section 322''.
(d) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by striking ``Subtitle B--Voluntary'' and inserting
``Subtitle C--Voluntary'';
(2) by redesignating the items relating to sections 311 and
312 as relating to sections 321 and 322, respectively; and
(3) by inserting after the item relating to section 305 the
following:
``Subtitle B--Requirements Relating to Mailed Ballots
``Sec. 311. Use of intelligent mail barcodes.''.
SEC. 4. ELECTION MAIL AND DELIVERY IMPROVEMENTS.
(a) Postmark Required for Ballots.--
(1) In general.--Chapter 34 of title 39, United States
Code, as amended by section 2, is amended by adding at the end
the following:
``Sec. 3408. Postmark required for ballots
``(a) In General.--In the case of any absentee ballot carried by
the Postal Service, the Postal Service shall indicate on the ballot
envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(b) Definitions.--As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 34 of title 39, United States Code, as
amended by section 2, is amended by adding at the end the
following:
``3408. Postmark required for ballots.''.
(3) Effective date.--The amendments made by this subsection
shall apply to absentee ballots relating to an election for
Federal office occurring on or after the date that is 60 days
after the date of enactment of this Act.
(b) Greater Visibility for Ballots.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as added by
section 3, is amended by adding at the end the following new
section:
``SEC. 312. BALLOT VISIBILITY.
``(a) In General.--Each State or local election official shall--
``(1) affix Tag 191, Domestic and International Mail-In
Ballots (or any successor tag designated by the United States
Postal Service), to any tray or sack of official ballots
relating to an election for Federal office that is destined for
a domestic or international address;
``(2) use the Official Election Mail logo to designate
official ballots relating to an election for Federal office
that is destined for a domestic or international address; and
``(3) if an intelligent mail barcode (as described in
section 311) is utilized for any official ballot relating to an
election for Federal office that is destined for a domestic or
international address, ensure the specific ballot service type
identifier for such mail is visible.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office occurring on and after the date that is
60 days after the date of enactment of this section.''.
(2) Issuance of voluntary guidance by election assistance
commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)),
as redesignated by section 3, is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 312, the date described in section 312(b).''.
(3) Clerical amendment.--The table of contents of such Act,
as amended by section 3, is amended by inserting after the item
relating to section 311 the following new item:
``Sec. 312. Ballot visibility.''.
SEC. 5. CARRIAGE OF ELECTION MAIL.
(a) Treatment of Election Mail.--
(1) Treatment as first-class mail; free postage.--Chapter
34 of title 39, United States Code, as amended by section 4(a),
is amended by adding at the end the following:
``Sec. 3409. Domestic election mail; restriction of operational changes
prior to elections
``(a) Definitions.--In this section:
``(1) Election for federal office.--The term `election for
Federal office' means a general, special, primary, or runoff
election for the office of President or Vice President, or of
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.
``(2) Election mail.--The term `election mail' means--
``(A) a blank or completed voter registration
application form, voter registration card, or similar
materials, relating to an election for Federal office;
``(B) a blank or completed absentee and other mail-
in ballot application form, and a blank or completed
absentee or other mail-in ballot, relating to an
election for Federal office, and
``(C) other materials relating to an election for
Federal office that are mailed by a State or local
election official to an individual who is registered to
vote.
``(b) Carriage of Election Mail.--Election mail (other than
balloting materials covered under section 3406 (relating to the
Uniformed and Overseas Absentee Voting Act)), individually or in bulk,
shall be carried in accordance with the service standards established
for first-class mail under section 3691.
``(c) No Postage Required for Completed Ballots.--Completed
absentee or other mail-in ballots (other than balloting materials
covered under section 3406 (relating to the Uniformed and Overseas
Absentee Voting Act)) shall be carried free of postage.
``(d) Restriction of Operational Changes.--During the 120-day
period that ends on the date of an election for Federal office, the
Postal Service may not carry out any operational change that would
restrict the prompt and reliable delivery of election mail. This
subsection applies to operational changes which include--
``(1) removing or eliminating any mail collection box
without immediately replacing it; and
``(2) removing, decommissioning, or any other form of
stopping the operation of mail sorting machines, other than for
routine maintenance.
``(e) Election Mail Coordinator.--The Postal Service shall appoint
an Election Mail Coordinator at each area office and district office to
facilitate relevant information sharing with State, territorial, local,
and Tribal election officials in regards to the mailing of election
mail.''.
(2) Reimbursement of postal service for revenue forgone.--
Section 2401(c) of title 39, United States Code, is amended by
striking ``sections 3217 and 3403 through 3406'' and inserting
``sections 3217, 3403 through 3406, and 3409''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 34 of title 39, United States Code, as amended by section 4(a),
is amended by adding at the end the following:
``3409. Domestic election mail; restriction of operational changes
prior to elections.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period that begins on the
date of enactment of this section.
SEC. 6. UNITED STATES POSTAL SERVICE CONSULTATION.
(a) In General.--The Postmaster General shall consult with Indian
Tribes, on an annual basis, regarding issues relating to the United
States Postal Service that present barriers to voting for eligible
voters living on Indian lands.
(b) Definitions.--For purposes of this section--
(1) Indian lands.--The term ``Indian lands'' means--
(A) any Indian country, as such term is defined in
section 1151 of title 18, United States Code, of an
Indian Tribe;
(B) any land in Alaska that is owned, pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), by--
(i) an Indian Tribe that is a Native
village (as such term is defined in section 3
of such Act (43 U.S.C. 1602)); or
(ii) a Village Corporation (as such term is
defined in such section 3) that is associated
with an Indian Tribe described in clause (i);
(C) any land on which the seat of government of an
Indian Tribe is located; and
(D) any land that is part or all of a Tribal
designated statistical area associated with an Indian
Tribe, or is part or all of an Alaska Native village
statistical area associated with an Indian Tribe, as
defined by the Bureau of the Census for the purposes of
the most recent decennial census.
(2) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
SEC. 7. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.
(a) In General.--Subtitle C of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as added by section 3 and
amended by section 4, is amended by adding at the end the following new
section:
``SEC. 313. UNIFORM DEADLINE FOR ACCEPTANCE OF MAILED BALLOTS.
``(a) In General.--A State or local election official may not
refuse to accept or process a ballot submitted by an individual by mail
with respect to an election for Federal office in the State on the
grounds that the individual did not meet a deadline for returning the
ballot to the appropriate State or local election official if--
``(1) the ballot is postmarked or otherwise indicated by
the United States Postal Service to have been mailed on or
before the date of the election; and
``(2) the ballot is received by the appropriate election
official prior to the expiration of the 7-day period which
begins on the date of the election.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit a State from having a law that allows for
counting of ballots in an election for Federal office that are received
through the mail after the date that is 7 days after the date of the
election.
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2024 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 3 and 4, is amended by inserting after the item
relating to section 312 the following new item:
``Sec. 313. Uniform deadline for acceptance of mailed ballots.''.
<all>
</pre></body></html>
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118HR2988 | DOE and NASA Interagency Research Coordination Act | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2988 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2988
To provide for Department of Energy and National Aeronautics and Space
Administration research and development coordination, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Williams of New York (for himself and Mr. Sorensen) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
_______________________________________________________________________
A BILL
To provide for Department of Energy and National Aeronautics and Space
Administration research and development coordination, 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 ``DOE and NASA Interagency Research
Coordination Act''.
SEC. 2. DEPARTMENT OF ENERGY AND NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION RESEARCH AND DEVELOPMENT COORDINATION.
(a) In General.--The Secretary of Energy (in this section referred
to as the ``Secretary'') and the Administrator of the National
Aeronautics and Space Administration (in this section referred to as
the ``Administrator'') may carry out, as practicable, cross-cutting and
collaborative research and development activities to support the
advancement of Department of Energy and National Aeronautics and Space
Administration mission requirements and priorities. The Secretary and
Administrator, in accordance with subsection (e), may make competitive
awards to carry out such activities.
(b) Memoranda of Understanding.--The Secretary and the
Administrator shall coordinate the activities under subsection (a)
through memoranda of understanding, or other appropriate interagency
agreements.
(c) Coordination.--In carrying out the activities under subsection
(a), the Secretary and the Administrator may--
(1) conduct collaborative research and development
activities in a variety of focus areas that may include--
(A) propulsion systems and components, including
nuclear thermal and nuclear electric propulsion,
radioisotope power systems, thermoelectric generators,
advanced nuclear fuels, and heater units;
(B) modeling and simulation, machine learning, data
assimilation, large scale data analytics, and
predictive analysis in order to optimize algorithms for
mission-related purposes;
(C) fundamental high energy physics, astrophysics,
and cosmology, including the nature of dark energy and
dark matter, in accordance with section 305 of the
Department of Energy Research and Innovation Act (42
U.S.C. 18643);
(D) fundamental earth and environmental sciences,
in accordance with section 306 of the Department of
Energy Research and Innovation Act (42 U.S.C. 18644)
and section 60501 of title 51, United States Code;
(E) quantum information sciences, including quantum
computing and quantum network infrastructure, in
accordance with sections 403 and 404 of the National
Quantum Initiative Act (15 U.S.C. 8853 and 8854);
(F) radiation health effects, in accordance with
section 306 of the Department of Energy Research and
Innovation Act (42 U.S.C. 18644); and
(G) other areas of potential research and
development collaboration the Secretary and the
Administrator determine important to achieving agency
missions and objectives;
(2) develop methods to accommodate large voluntary data
sets on space and aeronautical information on high-performance
computing systems with variable quality and scale;
(3) promote collaboration and data and information sharing
between the Department of Energy, National Aeronautics and
Space Administration, the National Laboratories, and other
appropriate entities by providing the necessary access and
secure data and information transfer capabilities; and
(4) support the Administration's access to the Department's
research infrastructure and capabilities, as practicable.
(d) Agreements.--In carrying out the activities under subsection
(a), the Secretary and the Administrator are authorized to--
(1) carry out reimbursable and non-reimbursable agreements
between the Department of Energy and the National Aeronautics
and Space Administration; and
(2) collaborate with other Federal agencies, as
appropriate.
(e) Merit Review Process.--The Secretary and the Administrator
shall ensure any competitive awards made to carry out the activities
under section (a) shall follow all appropriate laws and agency
policies, including the following:
(1) Selection by merit-review-based processes.
(2) Consideration of applications from Federal agencies,
National Laboratories, institutions of higher education, non-
profit institutions, and other appropriate entities.
(f) Report.--Not later than two years after the date of the
enactment of this section, the Secretary and the Administrator shall
submit to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural Resources
and the Committee on Commerce, Science, and Transportation of the
Senate, a report detailing the following:
(1) Interagency research and development coordination
activities between the Department of Energy and the National
Aeronautics and Space Administration carried out under this
section.
(2) How such coordination activities expand the technical
capabilities of the Department and the Administration.
(3) Collaborative research and development achievements.
(4) Areas of future mutually beneficial activities.
(5) Continuation of coordination activities between the
Department of Energy and the National Aeronautics and Space
Administration.
(g) Research Security.--The activities authorized under this
section shall be applied in a manner consistent with subtitle D of
title VI of the Research and Development, Competition, and Innovation
Act (enacted as division B of the CHIPS Act of 2022 (Public Law 117-
167; 42 U.S.C. 19231 et seq.)).
<all>
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118HR2989 | Save Our Sequoias Act | [
[
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[
"V00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2989 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2989
To improve the health and resiliency of giant sequoias, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. McCarthy (for himself, Mr. Peters, Mr. Westerman, Mr. Costa, Mr.
Valadao, Mr. Panetta, Mr. McClintock, Mr. Garamendi, Mr. Kiley, Mr.
Harder of California, Mr. Obernolte, Mr. Bera, Mrs. Kim of California,
Mr. Thompson of California, Mr. Issa, Mr. Vargas, Mrs. Steel, Mr.
Correa, Mr. Calvert, Mr. Takano, Mr. LaMalfa, Mr. Mullin, Mr. Mike
Garcia of California, Mr. Cardenas, Mr. Duarte, Mr. Bishop of Georgia,
Mr. Thompson of Pennsylvania, Mrs. Lee of Nevada, Mrs. Rodgers of
Washington, Mr. Golden of Maine, Mr. Graves of Louisiana, Ms. Craig,
Mr. Tiffany, Ms. Kuster, Mr. Curtis, Mr. Phillips, Mr. Newhouse, Ms.
Ross, Mr. Stauber, Mr. Moulton, Mr. Bentz, Mr. Cuellar, Mr. Fulcher,
Mrs. Torres of California, Mr. Lamborn, Mrs. Peltola, Mrs. Miller-
Meeks, Mr. Guthrie, Mr. Bergman, Mr. Rutherford, and Mr. Moore of Utah)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve the health and resiliency of giant sequoias, 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 ``Save Our Sequoias
Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Shared stewardship agreement for giant sequoias.
Sec. 4. Giant sequoia lands coalition.
Sec. 5. Giant sequoia health and resiliency assessment.
Sec. 6. Giant sequoia emergency response.
Sec. 7. Giant sequoia reforestation and rehabilitation strategy.
Sec. 8. Giant sequoia strike teams.
Sec. 9. Giant sequoia collaborative restoration grants.
Sec. 10. Good neighbor authority for giant sequoias.
Sec. 11. Stewardship contracting for giant sequoias.
Sec. 12. Giant sequoia emergency protection program and fund.
Sec. 13. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``Assessment'' means the Giant
Sequoia Health and Resiliency Assessment required by section 5.
(2) Coalition.--The term ``Coalition'' means the Giant
Sequoia Lands Coalition certified under section 4.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with multiple
interested persons representing diverse interests.
(4) Covered national forest system lands.--The term
``covered National Forest System lands'' means the proclaimed
National Forest System lands reserved or withdrawn from the
public domain of the United States covering the Sequoia
National Forest and Giant Sequoia National Monument, Sierra
National Forest, and Tahoe National Forest.
(5) Giant sequoia.--The term ``giant sequoia'' means a tree
of the species Sequoiadendron giganteum.
(6) Grove-specific hazardous fuels reduction plan.--The
term ``grove-specific hazardous fuels reduction plan'' means a
plan developed by the applicable land management agency prior
to conducting an analysis under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) to address hazardous fuels
in 1 or more giant sequoia groves.
(7) Protection project.--The term ``Protection Project''
means a Giant Sequoia Protection Project carried out under
section 6.
(8) Public lands.--The term ``public lands'' means--
(A) the Case Mountain Extensive Recreation
Management Area in California managed by the Bureau of
Land Management; and
(B) Kings Canyon National Park, Sequoia National
Park, and Yosemite National Park in California managed
by the National Park Service.
(9) Reforestation.--The term ``reforestation'' means the
act of renewing tree cover by establishing young trees through
natural regeneration, artificial or natural regeneration with
site preparation, planting or direct seeding, or vegetation
competition control following artificial or natural
regeneration.
(10) Rehabilitation.--The term ``rehabilitation'' means any
action taken during the 5-year period beginning on the last day
of a wildland fire to repair or improve fire-impacted lands
which are unlikely to recover to management-approved
conditions.
(11) Relevant congressional committees.--The term
``relevant Congressional Committees'' means--
(A) the Committees on Natural Resources,
Agriculture, and Appropriations of the House of
Representatives; and
(B) the Committees on Energy and Natural Resources,
Agriculture, Nutrition, and Forestry, and
Appropriations of the Senate.
(12) Responsible official.--The term ``responsible
official'' means an employee of the Department of the Interior
or Forest Service who has the authority to make and implement a
decision on a proposed action.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
covered National Forest System lands, or their
designee; and
(B) the Secretary of the Interior, with respect to
public lands, or their designee.
(15) Strategy.--The term ``Strategy'' means the Giant
Sequoia Reforestation and Rehabilitation Strategy established
under section 7.
(16) Strike team.--The term ``Strike Team'' means a Giant
Sequoia Strike Team established under section 8.
(17) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California.
SEC. 3. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
(a) In General.--Not later than 90 days after receiving a request
from the Governor of the State of California or the Tribe, the
Secretary shall enter into an agreement with the Secretary of
Agriculture, the Governor of the State of California, and the Tribe to
jointly carry out the following:
(1) Not later than 30 days after entering into the
agreement, certify the Giant Sequoia Lands Coalition in
accordance with section 4(a).
(2) Not later than 30 days after entering into the
agreement, conduct Protection Projects under section 6.
(3) Not later than 120 days after entering into the
agreement, begin implementing the Giant Sequoia Reforestation
and Rehabilitation Strategy under section 7.
(b) Participation.--
(1) In general.--If the Secretary has not received a
request from the Governor of the State of California or the
Tribe under subsection (a) before the date that is 90 days
after the date of enactment of this Act, the Secretary shall
enter into the agreement under subsection (a) and jointly
implement such agreement with the Secretary of Agriculture.
(2) Future participation.--If the Secretary receives a
request from the Governor of the State of California or the
Tribe any time after entering into the agreement with the
Secretary of Agriculture under paragraph (1), the Secretary
shall accept the Governor of the State of California or the
Tribe as a party to such agreement.
SEC. 4. GIANT SEQUOIA LANDS COALITION.
(a) Establishment.--The Secretary, in consultation with the parties
to such agreement, shall certify the Giant Sequoia Lands Coalition in
accordance with the charter titled ``Giant Sequoia Lands Coalition
Charter'' (or successor charter) signed during the period beginning
June 2, 2022 and ending August 2, 2022 by each of the following:
(1) The National Park Service, representing Sequoia and
Kings Canyon National Parks.
(2) The National Park Service, representing Yosemite
National Park.
(3) The Forest Service, representing Sequoia National
Forest and Giant Sequoia National Monument.
(4) The Forest Service, representing Sierra National
Forest.
(5) The Forest Service, representing Tahoe National Forest.
(6) The Bureau of Land Management, representing Case
Mountain Extensive Recreation Management Area.
(7) The Tribe, representing the Tule River Indian
Reservation.
(8) The State of California, representing Calaveras Big
Trees State Park.
(9) The State of California, representing Mountain Home
Demonstration State Forest.
(10) The University of California, Berkeley, representing
Whitaker's Research Forest.
(11) The County of Tulare, California, representing Balch
Park.
(b) Duties.--In addition to the duties specified in the charter
referenced in subsection (a), the Coalition shall--
(1) carry out the Assessment under section 5;
(2) observe implementation, and provide policy
recommendations to the Secretary, with respect to--
(A) Protection Projects carried out under section
6; and
(B) the Strategy established under section 7;
(3) facilitate collaboration and coordination on Protection
Projects, particularly projects that cross jurisdictional
boundaries;
(4) facilitate information sharing, including best
available science as described in section 5(c) and mapping
resources; and
(5) support the development and dissemination of
educational materials and programs that inform the public about
the threats to the health and resiliency of giant sequoia
groves and actions being taken to reduce the risk to such
groves from high-severity wildfire, insects, and drought.
(c) Administrative Support, Technical Services, and Staff
Support.--The Secretary shall make personnel of the Department of the
Interior available to the Coalition for administrative support,
technical services, development and dissemination of educational
materials, and staff support that the Secretary determines necessary to
carry out this section.
SEC. 5. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
(a) In General.--Not later than 180 days after the first meeting of
the Coalition, the Coalition shall submit to the relevant Congressional
Committees a Giant Sequoia Health and Resiliency Assessment that, based
on the best available science--
(1) identifies--
(A) each giant sequoia grove that has experienced
a--
(i) stand-replacing disturbance; or
(ii) disturbance but continues to have
living giant sequoias within the grove,
including identifying the tree mortality and
regeneration of giant sequoias within such
grove;
(B) each giant sequoia grove that is at high risk
of experiencing a stand-replacing disturbance;
(C) lands located near giant sequoia groves that
are at risk of experiencing high-severity wildfires
that could adversely impact such giant sequoia groves;
and
(D) each giant sequoia grove that has experienced a
disturbance and is unlikely to naturally regenerate and
is in need of reforestation;
(2) analyzes the resiliency of each giant sequoia grove to
threats, such as--
(A) high-severity wildfire;
(B) insects, including beetle kill; and
(C) drought;
(3) with respect to Protection Projects, proposes a list of
highest priority Protection Projects to be carried out under
section 6, giving priority to projects located on lands
identified under subparagraphs (B) and (C) of subsection
(a)(1);
(4) examines how historical, Tribal, or current approaches
to wildland fire suppression and forest management activities
across various jurisdictions have impacted the health and
resiliency of giant sequoia groves with respect to--
(A) high-severity wildfires;
(B) insects, including beetle kill; and
(C) drought; and
(5) includes program and policy recommendations that
address--
(A) Federal and State policies that impede
activities to improve the health and resiliency of
giant sequoias and proposed policy changes to address
such impediments;
(B) new Federal and State policies necessary to
increase the pace and scale of treatments that improve
the health and resiliency of giant sequoias;
(C) options to enhance communication, coordination,
and collaboration, particularly for cross-boundary
projects, to improve the health and resiliency of giant
sequoias; and
(D) research gaps that should be addressed to
improve the best available science on the giant
sequoias.
(b) Annual Updates.--Not later than 1 year after the submission of
the Assessment under subsection (a), and annually thereafter, the
Coalition shall submit an updated Assessment to the relevant
Congressional Committees that--
(1) includes any new data, information, or best available
science that has changed or become available since the previous
Assessment was submitted;
(2) with respect to Protection Projects--
(A) includes information on the number of
Protection Projects initiated the previous year and the
estimated timeline for completing those projects;
(B) includes information on the number of
Protection Projects planned in the upcoming year and
the estimated timeline for completing those projects;
(C) provides status updates and long-term
monitoring reports on giant sequoia groves after the
completion of Protection Projects;
(D) if the Secretary concerned failed to initiate
at least 7 Protection Projects in the previous year, a
written explanation that includes--
(i) a detailed explanation of what
impediments resulted in failing to initiate at
least 7 Protection Projects;
(ii) a detailed explanation of what actions
the Secretary concerned is taking to ensure
that at least 7 Protection Projects are
initiated the following year; and
(iii) recommendations to Congress on any
policies that need to be changed to assist the
Secretary concerned in initiating Protection
Projects; and
(3) with respect to reforestation and rehabilitation of
giant sequoias--
(A) contains updates on the implementation of the
Strategy under section 7, including grove-level data on
reforestation and rehabilitation activities; and
(B) provides status updates and monitoring reports
on giant sequoia groves that have experienced natural
or artificial regeneration as part of the Strategy
under section 7.
(c) Dashboard.--
(1) Requirement to maintain.--The Coalition shall create
and maintain a website that--
(A) publishes the Assessment, annual updates to the
Assessment, and other educational materials developed
by the Coalition;
(B) contains searchable information about
individual giant sequoia groves, including the--
(i) resiliency of such groves to threats
described in paragraphs (1) and (2) of
subsection (a);
(ii) Protection Projects that have been
proposed, initiated, or completed in such
groves; and
(iii) reforestation and rehabilitation
activities that have been proposed, initiated,
or completed in such groves; and
(C) maintains a searchable database to track--
(i) the status of Federal environmental
reviews and authorizations for specific
Protection Projects and reforestation and
rehabilitation activities; and
(ii) the projected cost of Protection
Projects and reforestation and rehabilitation
activities.
(2) Searchable database.--The Coalition shall include
information on the status of Protection Projects in the
searchable database created under paragraph (1)(C), including--
(A) a comprehensive permitting timetable;
(B) the status of the compliance of each lead
agency, cooperating agency, and participating agency
with the permitting timetable;
(C) any modifications of the permitting timetable
required under subparagraph (A), including an
explanation as to why the permitting timetable was
modified; and
(D) information about project-related public
meetings, public hearings, and public comment periods,
which shall be presented in English and the predominant
language of the community or communities most affected
by the project, as that information becomes available.
(d) Best Available Science.--In utilizing the best available
science for the Assessment, the Coalition shall include--
(1) data and peer-reviewed research from academic
institutions with a demonstrated history of studying giant
sequoias and with experience analyzing distinct management
strategies to improve giant sequoia resiliency;
(2) traditional ecological knowledge from the Tribe related
to improving the health and resiliency of giant sequoia groves;
and
(3) data from Federal, State, Tribal, and local governments
or agencies.
(e) Technology Improvements.--In carrying out this section, the
Secretary may enter into memorandums of understanding or agreements
with other Federal agencies or departments, State or local governments,
Tribal governments, private entities, or academic institutions to
improve, with respect to the Assessment, the use and integration of--
(1) advanced remote sensing and geospatial technologies;
(2) statistical modeling and analysis; or
(3) any other technology the Secretary determines will
benefit the quality of information used in the Assessment.
(f) Planning.--The Coalition shall make information from this
Assessment available to the Secretary concerned and State of California
to integrate into the--
(1) State of California's Wildfire and Forest Resilience
Action Plan;
(2) Forest Service's 10-year Wildfire Crisis Strategy (or
successor plan); and
(3) Department of the Interior's Wildfire Risk Five-Year
Monitoring, Maintenance, and Treatment Plan (or successor
plan).
(g) Relation to the National Environmental Policy Act of 1969.--The
development and submission of the Assessment under subsection (a) shall
not be subject to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 6. GIANT SEQUOIA EMERGENCY RESPONSE.
(a) Emergency Response To Protect Giant Sequoias.--
(1) In general.--
(A) Emergency determination.--Congress determines
that--
(i) an emergency exists on public lands and
covered National Forest System lands that makes
it necessary to carry out Protection Projects
that take needed actions to respond to the
threat of wildfires, insects, and drought to
giant sequoias; and
(ii) Protection Projects are necessary to
control the immediate impacts of the emergency
described in clause (i) and are needed to
mitigate harm to life, property, or important
natural or cultural resources on public lands
and covered National Forest System lands.
(B) Application.--The emergency determination
established under subparagraph (A) shall apply to all
public lands and covered National Forest System lands.
(C) Expiration.--The emergency determination
established under subparagraph (A) shall expire on the
date that is 7 years after the date of the enactment of
this Act.
(2) Implementation.--While the emergency determination
established under subsection (a) is in effect--
(A) a responsible official may carry out a
Protection Project described by paragraph (4) before
initiating--
(i) an analysis under section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332);
(ii) consultation under section 7 of the
Endangered Species Act of 1973 (16 U.S.C.
1536); and
(iii) consultation under section 106 of the
National Historic Preservation Act (16 U.S.C.
470(f)); and
(B) the rules established under subsections (d) and
(e) section 40807 of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592c(d) and (e)) shall apply with
respect to Protection Projects by substituting
``Protection Projects'' for ``authorized emergency
action under this section'' each place it appears in
such subsections; and
(C) Protection Projects shall be subject to the
requirements of section 106 of title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et
seq.).
(3) Protection projects.--The responsible official shall
carry out the following forest management activities as
Protection Projects under the emergency determination under
this section:
(A) Activities recommended by the Assessment under
section 5.
(B) Conducting hazardous fuels management,
including mechanical thinning, mastication, and
prescribed burning.
(C) Removing hazard trees, dead trees, dying trees,
or trees at risk of dying, as determined by the
responsible official.
(D) Removing trees to address overstocking or
crowding in a forest stand, consistent with the
appropriate basal area of the forest stand as
determined by the responsible official.
(E) Activities included in the applicable grove-
specific hazardous fuels reduction plan.
(F) Using chemical treatments to address insects
and disease and control vegetation competition.
(G) Any combination of activities described in this
paragraph.
(4) Requirements.--
(A) In general.--Protection Projects carried out
under paragraph (3) and reforestation and
rehabilitation activities carried out under this Act
that are described by subparagraph (D) are a category
of actions hereby 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).
(B) Availability.--The Secretary concerned shall
use the categorical exclusion established under
subparagraph (A) in accordance with this section.
(C) Interagency cooperation.--
(i) Findings.--Congress finds that
Protection Projects carried out under this
section are consistent with improving the
health and resiliency of critical habitat for
threatened and endangered species, including
the pacific fisher and California spotted owl.
(ii) Consultation.--The informal
consultation requirements in sections 402.05 of
title 50 and 800.12 of title 36, Code of
Federal Regulations (or a successor
regulation), shall apply to Protection
Projects.
(D) Requirements.--A Protection Project or
reforestation or rehabilitation activity is described
by this subparagraph if such Protection Project or
reforestation or rehabilitation activity--
(i) covers an area of no more than--
(I) 2,000 acres within giant
sequoia groves where a grove-specific
hazardous fuels reduction plan has been
developed by the relevant land
management agency or on lands
identified under section 5(a)(1)(B);
and
(II) 3,000 acres on lands
identified under section 5(a)(1)(C);
and
(ii) was--
(I) proposed by the Assessment
under section 5(a)(3);
(II) developed through a
collaborative process; or
(III) proposed by a resource
advisory committee (as defined in
section 201 of the Secure Rural Schools
and Community Self-Determination Act of
2000 (16 U.S.C. 7121)); and
(iii) occurs on Federal land or non-Federal
land with the consent of the non-Federal
landowner.
(E) Use of other authorities.--To the maximum
extent practicable, the Secretary concerned shall use
the authorities provided under this section in
combination with other authorities to carry out
Protection Projects, including--
(i) good neighbor agreements entered into
under section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a); and
(ii) stewardship contracting projects
entered into under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c).
(F) Savings clause.--With respect to joint
Protection Projects and reforestation and
rehabilitation activities involving the Tribe, nothing
in this section shall be construed to add any
additional regulatory requirements onto the Tribe.
(b) Implementation.--To the maximum extent practicable, the
Secretary concerned shall initiate no fewer than 7 Protection Projects
each year.
SEC. 7. GIANT SEQUOIA REFORESTATION AND REHABILITATION STRATEGY.
(a) Reforestation and Rehabilitation Strategy.--
(1) In general.--In accordance with the timeline and
agreement established in section 3(a)(3), the Secretary, in
consultation with the parties to such agreement, shall develop
and implement a strategy, to be known as the Giant Sequoia
Reforestation and Rehabilitation Strategy, to enhance the
reforestation and rehabilitation of giant sequoia groves that--
(A) identifies giant sequoia groves in need of
natural or artificial regeneration, giving highest
priority to groves identified under section
5(a)(1)(A)(i);
(B) creates a priority list of reforestation and
rehabilitation activities;
(C) identifies and addresses--
(i) barriers to reforestation or
rehabilitation including--
(I) regulatory barriers;
(II) seedling shortages or related
nursery infrastructure capacity
constraints;
(III) labor and workforce
shortages;
(IV) technology and science gaps;
and
(V) site preparation challenges;
(ii) potential public-private partnership
opportunities to complete high-priority
reforestation or rehabilitation projects;
(iii) a timeline for addressing the backlog
of reforestation for giant sequoias in the 10-
year period after the agreement is entered into
under section 3; and
(iv) strategies to ensure genetic diversity
across giant sequoia groves; and
(D) includes program and policy recommendations
needed to improve the efficiency or effectiveness of
the Strategy.
(2) Assessment.--The Secretary may incorporate the Strategy
into the Assessment under section 5.
(b) Priority Reforestation Projects Amendment.--Section
3(e)(4)(C)(ii)(I) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1601(e)(4)(C)(ii)(I)) is amended--
(1) in item (bb), by striking ``and'';
(2) in item (cc), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(dd) shall include reforestation and rehabilitation activities
conducted under section 7 of the Save Our Sequoias Act.''.
(c) Implementation.--Section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)) is amended by inserting ``Nothing in this Act shall
restrict or prohibit the Secretary of the Interior or Secretary of
Agriculture from conducting reforestation (as such term is defined in
section 2 of the Save Our Sequoias Act) activities to reestablish giant
sequoias following a wildfire.'' after the period at the end.
SEC. 8. GIANT SEQUOIA STRIKE TEAMS.
(a) Giant Sequoia Strike Teams.--
(1) Establishment.--The Secretary concerned shall each
establish a Giant Sequoia Strike Team to assist the Secretary
concerned with the implementation of--
(A) primarily, section 6; and
(B) secondarily, section 7.
(2) Duties.--Each Strike Team shall--
(A) assist the Secretary concerned with any
reviews, including analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), consultations under the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.), and
consultations under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(B) implement any necessary site preparation work
in advance of or as part of a Protection Project or
reforestation or rehabilitation activity;
(C) implement Protection Projects under section 6;
and
(D) implement reforestation or rehabilitation
activities under section 7.
(3) Members.--The Secretary concerned may appoint no more
than 10 individuals each to serve on a Strike Team comprised
of--
(A) employees of the Department of the Interior;
(B) employees of the Forest Service;
(C) private contractors from any nonprofit
organization, State government, Tribal Government,
local government, academic institution, or private
organization; and
(D) volunteers from any nonprofit organization,
State government, Tribal Government, local government,
academic institution, or private organization.
SEC. 9. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
(a) In General.--The Secretary, in consultation with the parties to
the agreement under section 3, shall establish a program to award
grants to eligible entities to advance, facilitate, or improve giant
sequoia health and resiliency.
(b) Eligible Entity.--The Secretary may award grants under this
section to any nonprofit organization, Tribal Government, local
government, academic institution, or private organization to help
advance, facilitate, or improve giant sequoia health and resiliency.
(c) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) primarily, are likely to have the greatest impact on
giant sequoia health and resiliency; and
(2) secondarily--
(A) are small businesses, particularly in rural
areas; and
(B) create or support jobs, particularly in rural
areas.
(d) Use of Grant Funds.--Funds from grants awarded under this
section shall be used to--
(1) create, expand, or develop markets for hazardous fuels
removed under section 6, including markets for biomass and
biochar;
(2) facilitate hazardous fuel removal under section 6,
including by reducing the cost of transporting hazardous fuels
removed as part of a Protection Project;
(3) expand, enhance, develop, or create permanent or
temporary facilities or land that can store or process
hazardous fuels removed under section 6; and
(4) establish, develop, expand, enhance, or improve nursery
capacity or infrastructure necessary to facilitate the Strategy
established under section 7.
SEC. 10. GOOD NEIGHBOR AUTHORITY FOR GIANT SEQUOIAS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) by redesignating clause (iii) as
clause (iv);
(iii) by inserting after clause (ii) the
following:
``(iii) activities conducted under section
6 of the Save Our Sequoias Act;'';
(iv) in clause (iv), as so redesignated, by
striking the period at the end and inserting
``; or''; and
(v) by adding at the end the following:
``(v) any combination of activities
specified in clauses (i) through
(iv).'';
(B) in paragraph (6), by striking ``or Indian
tribe''; and
(C) in paragraph (10)(B) by striking ``land.'' and
inserting ``land, Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park.''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``, Indian
tribe,'' after ``Governor'';
(B) by amending paragraph (2)(C) to read as
follows:
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor, an Indian tribe, or a
county under a good neighbor agreement shall be
retained and used by the Governor, Indian tribe, or
county, as applicable--
``(i) to carry out authorized restoration
services under such good neighbor agreement;
and
``(ii) if there are funds remaining after
carrying out the services under clause (i), to
carry out authorized restoration services
within the State under other good neighbor
agreements.'';
(C) in paragraph (3), by inserting ``, Indian
tribe,'' after ``Governor''; and
(D) by striking paragraph (4).
(3) Conforming amendments.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(A) in paragraph (1)(B), by inserting ``, Indian
tribe,'' after ``Governor''; and
(B) in paragraph (5), by inserting ``, Indian
tribe,'' after ``Governor''.
SEC. 11. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
(a) National Park Service.--Section 604(a)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended to
read--
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management with respect to Bureau of Land
Management lands and the Director of the National Park Service
with respect to lands within Kings Canyon National Park,
Sequoia National Park, and Yosemite National Park.''.
(b) Giant Sequoia Stewardship Contracts.--Section 604(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(c)) is amended
by adding at the end the following:
``(8) Promoting the health and resiliency of giant
sequoias.''.
SEC. 12. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND FUND.
(a) In General.--Chapter 1011 of title 54, United States Code, is
amended by inserting at the end the following:
``Sec. 101123. Giant sequoia emergency protection program and fund
``(a) Giant Sequoia Emergency Protection Program.--The National
Park Foundation, in coordination with the National Forest Foundation,
shall design and implement a comprehensive program to assist and
promote philanthropic programs of support that benefit--
``(1) primarily, the management and conservation of giant
sequoias on National Park Service and covered National Forest
System lands to promote resiliency to wildfires, insects, and
drought; and
``(2) secondarily, the reforestation of giant sequoias on
National Park Service and covered National Forest System lands
impacted by wildfire.
``(b) Giant Sequoia Emergency Protection Fund.--The National Park
Foundation, in coordination with the National Forest Foundation, shall
establish a joint special account to be known as the Giant Sequoia
Emergency Protection Fund (referred to as `the Fund' in this section),
to be administered in support of the program established under
subsection (a).
``(1) Funds for giant sequoia emergency protection.--The
following shall apply to the Fund:
``(A) The Fund shall consist of any gifts, devises,
or bequests that are provided to the National Park
Foundation or National Forest Foundation for such
purpose.
``(B) The National Park Foundation and National
Forest Foundation shall deposit any funds received for
the Fund in a federally insured interest-bearing
account or may invest funds in appropriate security
obligations, as mutually agreed upon.
``(C) Any accrued interest or dividends earned on
funds received for the Fund shall be added to the
principal and form a part of the Fund.
``(2) Use of funds.--Funds shall be available to the
National Park Foundation and National Forest Foundation without
further appropriation, subject to the provisions in paragraph
(3), for projects and activities approved by the Chief of the
Forest Service or the Director of the National Park Service as
appropriate, or their designees, to--
``(A) primarily, support the management and
conservation of giant sequoias on National Park Service
and covered National Forest System lands to promote
resiliency to wildfires, insects, and drought; and
``(B) secondarily, support the reforestation of
giant sequoias on National Park Service and covered
National Forest System lands impacted by wildfire.
``(3) Tribal support.--Of the funds provided to the
National Park Foundation and National Forest Foundation under
paragraph (2), not less than 15 percent of such funds shall be
used to support tribal management and conservation of giant
sequoias.
``(c) Summary.--Beginning 1 year after the date of the enactment of
this Act, the National Park Foundation and National Forest Foundation
shall include with their annual reports a summary of the status of the
program and Fund created under this section that includes--
``(1) a statement of the amounts deposited in the Fund
during the fiscal year;
``(2) the amount of the balance remaining in the Fund at
the end of the fiscal year; and
``(3) a description of the program and projects funded
during the fiscal year.
``(d) Covered National Forest System Lands Defined.--In this
section, the term `covered National Forest System lands' has the
meaning given such term in section 2 of the Save Our Sequoias Act.''.
(b) Conforming Amendment.--The table of sections for chapter of
title 54, United States Code, is amended by inserting at the end the
following:
``Sec. 101123. Giant Sequoia Emergency Protection Program and Fund.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to the availability of appropriations made
in advance for such purposes, the Secretary concerned shall allocate up
to--
(1) $10,000,000 for fiscal year 2024;
(2) $25,000,000 for fiscal year 2025;
(3) $30,000,000 for each of fiscal years 2026 through 2028;
and
(4) $40,000,000 for each of fiscal years 2029 through 2030.
(b) Limitation.--Of the amounts authorized under subsection (a),
not less than 90 percent of funds shall be used to carry out section 6
and section 9 of this Act.
<all>
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118HR299 | Care Packages for Our Heroes Act of 2023 | [
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] | <p><b>Care Packages for Our Heroes Act of 2023</b></p> <p>This bill directs the U.S. Postal Service to establish rates of postage for packages shipped by priority mail from the United States to a foreign Army Post Office, Fleet Post Office, or Diplomatic Post Office address that limit the charge for distance traveled.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 299 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 299
To amend title 39, United States Code, to direct the United States
Postal Service to establish rates of postage for packages shipped by
priority mail from the United States to a foreign Army Post Office,
Fleet Post Office, or Diplomatic Post Office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Norcross (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to direct the United States
Postal Service to establish rates of postage for packages shipped by
priority mail from the United States to a foreign Army Post Office,
Fleet Post Office, or Diplomatic Post Office, 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 ``Care Packages for Our Heroes Act of
2023''.
SEC. 2. ESTABLISHMENT OF RATES OF POSTAGE FOR PACKAGES SHIPPED BY
PRIORITY MAIL FROM THE UNITED STATES TO A FOREIGN ARMY
POST OFFICE, FLEET POST OFFICE, OR DIPLOMATIC POST
OFFICE.
(a) In General.--Section 3632 of title 39, United States Code, is
amended by adding at the end the following:
``(d) Exemption.--Notwithstanding subsection (a), not later than
180 days after the date of the enactment of this subsection, the Postal
Service shall establish rates of postage for packages shipped by
priority mail from the United States to a foreign Army Post Office,
Fleet Post Office, or Diplomatic Post Office address whereby such
packages may not be charged a zoned rate greater than the zone 2 rate
(as that term is defined in section 608.9 of the Domestic Mail Manual,
or any successor manual).''.
(b) Authorization of Appropriations.--Section 2401 of title 39,
United States Code, is amended by adding at the end the following:
``(h) As reimbursement to the Postal Service for the costs of
carrying out subsection (d) of section 3632, there are authorized to be
appropriated to the Postal Service for any fiscal year an amount equal
to the revenue difference between the estimated revenue the Postal
Service would have received during such fiscal year if such subsection
had not been enacted and the estimated revenue the Postal Service would
receive during such fiscal year as a result of carrying out such
subsection.''.
<all>
</pre></body></html>
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118HR2990 | National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2023 | [
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[From the U.S. Government Publishing Office]
[H.R. 2990 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2990
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment involving National Oceanic and Atmospheric
Administration personnel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Bonamici (for herself, Mrs. Gonzalez-Colon, Mr. Huffman, and Ms.
Salazar) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the National Defense Authorization Act for Fiscal Year 2017 to
address sexual harassment involving National Oceanic and Atmospheric
Administration personnel, 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 Oceanic and Atmospheric
Administration Sexual Harassment and Assault Prevention Improvements
Act of 2023''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of subtitle C of title XXXV of Public Law 114-328 (33 U.S.C.
894 et seq.).
SEC. 3. POLICY ON THE PREVENTION OF AND RESPONSE TO SEXUAL HARASSMENT
INVOLVING NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
PERSONNEL.
Section 3541(f) (33 U.S.C. 894(f)) is amended--
(1) by inserting ``and equal employment'' after ``sexual
harassment'' each place it appears; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) A synopsis of each case and the disciplinary
action taken, if any, in each case.''.
SEC. 4. ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL HARASSMENT, AND EQUAL
EMPLOYMENT.
Section 3548 (33 U.S.C. 894e) is amended--
(1) by striking the section heading and inserting the
following: ``annual report on sexual assaults, sexual
harassment, and equal employment in the national oceanic and
atmospheric administration.'';
(2) in subsection (a), by striking ``the sexual assaults
involving'' and inserting ``sexual assault and sexual
harassment involving and the equal employment of''; and
(3) in subsection (b)--
(A) in paragraph (4), by inserting ``, including a
synopsis of each case and the disciplinary action
taken, if any, in each case'' before the period at the
end; and
(B) by adding at the end the following:
``(5) A summary of the number of change of station, unit
transfer, and change of work location requests submitted to the
Under Secretary under section 3544(a), including the number of
such requests that were denied.
``(6) A summary of the number of cases referred to the
Coast Guard under this section.
``(7) The number of alleged sexual assaults and sexual
harassment cases involving fisheries observers, protected
species observers, and endangered species observers,
including--
``(A) a synopsis of each case and the status of
such case;
``(B) the disposition of any investigation; and
``(C) a description of the fishery management
region and fishery or the geographic region and type of
permitted operation in which the sexual assault or
sexual harassment is alleged to have occurred, as
appropriate.''.
SEC. 5. INVESTIGATION AND CRIMINAL REFERRAL REQUIREMENTS.
(a) Technical Amendment.--Sections 3548 and 3549 (33 U.S.C. 894e
and 894f) are redesignated as sections 3551 and 3552, respectively.
(b) In General.--Subtitle C of title XXXV (33 U.S.C. 894 et seq.)
is amended by inserting after section 3547 (33 U.S.C. 894d-2) the
following:
``SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SURVIVORS IN CERTAIN
CASES.
``(a) In General.--In any case in which an employee, member of the
commissioned officer corps of the Administration, or covered personnel
elects restricted or unrestricted reporting under section 3541(b)(3)(B)
or 3542(b)(5)(B), disclosure of the personally identifying information
of such individual is authorized to the following persons or
organizations when disclosure would be for the following reasons:
``(1) To Administration staff or law enforcement personnel,
if authorized by the survivor in writing.
``(2) To Administration staff or law enforcement personnel
to prevent or lessen a serious or imminent threat to the health
or safety of the survivor or another person.
``(3) To a survivor advocate or healthcare provider, if
required for the provision of survivor services.
``(4) To a State or Federal court, if pursuant to a court
order or if disclosure is required by Federal or State statute.
``(b) Notice of Disclosure and Privacy Protection.--In any case in
which information is disclosed under subsection (a), the Secretary
shall--
``(1) make reasonable attempts to provide notice to the
individual whose personally identifying information is
disclosed; and
``(2) take such action as is necessary to protect the
privacy and safety of the individual.
``SEC. 3549. RESTRICTED REPORTING.
``(a) In General.--Not later than 3 years after the date of the
enactment of the National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Improvements Act of 2023, the
Secretary of Commerce, acting through the Under Secretary for Oceans
and Atmosphere, shall develop a mechanism to provide a system of
restricted reporting.
``(b) Restricted Reporting Defined.--In this section the term
`restricted reporting' means a system of reporting that allows
employees of the Administration, members of the commissioned officer
corps of the Administration, and covered personnel who allege that they
have been sexually harassed or sexually assaulted to confidentially
disclose the details of such sexual harassment or sexual assault to
specified individuals and receive the services outlined in this
subtitle--
``(1) without the dissemination of the personally
identifying information of such individual except as necessary
for the provision of such services and as provided by section
3548(a); and
``(2) without automatically triggering an investigative
process.
``SEC. 3550. MARINER REFERRAL.
``The Under Secretary of Commerce for Oceans and Atmosphere, acting
through the Director of the Office of Marine and Aviation Operations
and in consultation with the Commandant of the Coast Guard, shall, not
later than 180 days after the date of the enactment of the National
Oceanic and Atmospheric Administration Sexual Harassment and Assault
Prevention Improvements Act of 2023, develop and implement a policy to
report to the Commandant of the Coast Guard, in accordance with section
10104 of title 46, United States Code, the names of personnel of the
Administration who--
``(1) are the subject of a claim of an act or offense
detrimental to good discipline and safety at sea, such as
sexual harassment or sexual assault that is substantiated by an
investigation under section 3546, or any other substantiated
claim of an act or offense for which suspension or revocation
of a credential is either mandatory or sought pursuant to part
5 of title 46, Code of Federal Regulations; and
``(2) are--
``(A) employees or contractors of the
Administration required to hold a valid merchant
mariner credential as a condition of employment; or
``(B) crew of a vessel that, at the time of such
act or offense, was operating under a contract with the
Administration.''.
SEC. 6. DEFINITIONS.
Section 3552 is amended to read as follows:
``SEC. 3552. DEFINITIONS.
``In this subtitle:
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) Covered personnel.--The term `covered personnel'
means an individual who works with or conducts business on
behalf of the Administration and includes--
``(A) observers, at-sea monitors, and catch
monitors required by the National Marine Fisheries
Service to operate on or in commercial fishing vessels,
other privately owned vessels, barges, or platforms,
and shoreside processing facilities for--
``(i) commercial fisheries observation
required by the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.);
``(ii) protected species or endangered
species observation required by the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) or the Endangered Species Act of 1973
(16 U.S.C. 1351 et seq.); or
``(iii) platform removal observation; and
``(B) voting members and executive and
administrative staff of regional fishery management
councils established by section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1852).
``(3) Sexual assault.--The term `sexual assault' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).''.
SEC. 7. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendments.--Subtitle C of title XXXV (33 U.S.C. 894
et seq.) is amended--
(1) by striking ``individuals who work with or conduct
business on behalf of the Administration'' each place it
appears and inserting ``covered personnel'';
(2) by striking ``National Oceanic and Atmospheric'' each
place it appears, except--
(A) when it appears as ``National Oceanic and
Atmospheric Administration Sexual Harassment and
Assault Prevention Improvements Act of 2023'';
(B) in section 3551, in the section heading; and
(C) in section 3552(1);
(3) by striking the term ``victims'' each place it appears
and inserting ``survivors'';
(4) in section 3541(b)(2)(B), by striking ``victim'' and
inserting ``target of sexual harassment'';
(5) in section 3542--
(A) in subsection (b)(9)--
(i) by striking ``Victim'' and inserting
``Survivor''; and
(ii) by striking ``victim'' and inserting
``survivor''; and
(B) in subsection (c)--
(i) in the heading, by striking ``Victim''
and inserting ``Survivor'';
(ii) in paragraph (2), in the heading, by
striking ``Victim'' and inserting ``Survivor'';
and
(iii) by striking the term ``victim'' each
place it appears and inserting ``survivor'';
(6) in section 3543--
(A) in the heading, by striking ``victim'' and
inserting ``survivor''; and
(B) by striking ``victim'' and inserting
``survivor''; and
(7) in section 3544--
(A) in subsection (a)--
(i) by striking ``Victims'' and inserting
``Survivors''; and
(ii) in paragraph (1), by striking ``was''
each place it appears and inserting ``is''; and
(B) by striking ``victim'' each place it appears
and inserting ``survivor''.
(b) Clerical Amendment.--Each of the tables of contents in section
2(b) and at the beginning of title XXXV of Public Law 114-328 are
amended--
(1) by striking the item relating to section 3543 and
inserting the following:
``Sec. 3543. Rights of the survivor of a sexual assault.''; and
(2) by striking the items relating to sections 3548 and
3549 and inserting the following:
``Sec. 3548. Exceptions regarding anonymity of survivors in certain
cases.
``Sec. 3549. Restricted reporting.
``Sec. 3550. Mariner referral.
``Sec. 3551. Annual report on sexual assaults, sexual harassment, and
equal employment in the National Oceanic
and Atmospheric Administration.
``Sec. 3552. Definitions.''.
SEC. 8. PROHIBITED ACTS.
Section 307(1)(L) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(L)) is amended--
(1) by striking ``forcibly''; and
(2) by striking ``on a vessel''.
SEC. 9. PROHIBITION ON SERVICE IN THE COMMISSIONED OFFICER CORPS OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION BY
INDIVIDUALS CONVICTED OF CERTAIN SEXUAL OFFENSES.
Section 261(a) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3071(a)) is amended--
(1) by redesignating paragraph (26) as paragraph (27); and
(2) by inserting after paragraph (25) the following:
``(26) Section 657, relating to prohibition on service by
individuals convicted of certain sexual offenses.''.
SEC. 10. DEFINITION OF RESPONSIBLE ENTITY OF A VESSEL.
Section 10104(g) of title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the Director of the Office of Marine and Aviation
Operations, with respect to each vessel owned or operated by
the National Oceanic and Atmospheric Administration.''.
<all>
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118HR2991 | TEACH Act of 2023 | [
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"C00111... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2991 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2991
To eliminate the prohibition on training teachers with effective
defensive tools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Ogles (for himself, Mr. Gosar, Mr. Nehls, Mr. Jackson of Texas, Mr.
Cloud, Mrs. Boebert, Mr. Biggs, Mr. Mooney, Mr. Moore of Alabama, Mr.
Amodei, Ms. Greene of Georgia, and Mr. Clyde) 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 eliminate the prohibition on training teachers with effective
defensive tools, 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 ``Teachers Empowered Against
Classroom Harm Act of 2023'' or the ``TEACH Act of 2023''.
SEC. 2. ELIMINATING BARRIERS BETWEEN WILLING SCHOOL STAFF AND THEIR
RIGHT TO DEFEND THEIR STUDENTS.
(a) Eliminating Prohibition on Training Teachers With Effective
Defensive Tools.--Section 8526 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7906) is amended--
(1) in paragraph (5), by inserting ``or'' after the
semicolon;
(2) in paragraph (6), by striking ``; or'' at the end and
inserting a period; and
(3) by striking paragraph (7).
(b) Prioritizing Funding for Schools That Protect Students.--
(1) Prohibition.--
(A) In general.--The Secretary of Education may not
disburse to or obligate any funds for any State, local
government, or eligible entity (as defined in section
3) that restricts the possession of firearms in excess
of section 922(q) of title 18, United States Code,
within school zones as defined in section 921(a)(26) of
such title.
(B) Definitions.--In this paragraph:
(i) Local government.--The term ``local
government'' means any county, parish, city,
town, township, village or other general
purpose political subdivision of a State with
the power to levy taxes and expend Federal,
State, and local funds and exercise
governmental powers.
(ii) State.--The term ``State'' means each
of the 50 States and the District of Columbia.
(2) Conforming amendment.--Section 922(q) of title 18,
United States Code, is amended by striking paragraph (4).
(c) Respecting the Right to Constitutionally Carry a Firearm as
Protected by a Majority of These United States.--Section 922(q)(2)(B)
of title 18, United States Code, is amended--
(1) by redesignating clauses (iii) through (vii) as clauses
(iv) through (vii), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) if the individual possessing the firearm is
otherwise eligible or entitled to carry a firearm under the
laws of the State in which the school zone is located;''.
SEC. 3. HELPING WILLING STAFF AND SCHOOLS DEFEND STUDENTS FROM ARMED
INTRUDERS.
(a) Grants for School Safety.--Notwithstanding section 4103(a)(3)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7113(a)(3)) or any other provision of law, using the total amount of
the funds reserved under such section 4103(a)(3) for a fiscal year, the
Secretary of Education shall award grants, on a competitive basis, to
eligible entities to enable such eligible entities to participate in
defensive training programs designed to protect elementary schools and
secondary schools from armed intruders, including covering the cost
of--
(1) instructor and program fees;
(2) training supplies; and
(3) educational materials.
(b) Applications.--
(1) Announcement.--Not later than October 1, 2023, or 120
days after the date of enactment of this Act, whichever occurs
later, the Secretary of Education shall announce an application
process for grant funding under this section.
(2) Priority.--In approving grant applications under this
section, the Secretary shall give priority to eligible entities
with a commitment to protecting the right to keep and bear arms
for self-defense as protected by the Second Amendment to the
Constitution and affirmed by the Supreme Court's rulings in
District of Columbia v. Heller and NYSRPA v. Bruen.
(3) Requirement.--
(A) In general.--For each fiscal year for which the
Secretary reserves funds under section 4103(a)(3) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7113(a)(3)), the Secretary shall fully obligate
such funds by awarding grants to eligible entities
under this section in such fiscal year, except that the
funds reserved under such section 4103(a)(3) for the
first fiscal year that begins after the date of
enactment of this Act may be so fully obligated by not
later than the end of fiscal year that follows such
first fiscal year.
(B) Hiring freeze.--
(i) In general.--Subject to clause (ii), if
the Secretary fails to comply with the
requirements of subparagraph (A) for a fiscal
year, beginning on October 1 of the succeeding
fiscal year--
(I) no individual may be appointed
to any position within the Department
of Education;
(II) no new position may be
established at the Department;
(III) no officer or employee of the
Department may be assigned any duties
not assigned to that employee in the
preceding fiscal year; and
(IV) no officer or employee of the
Department may be transferred to a duty
station other than the duty station
applicable to such officer or employee
in the preceding fiscal year.
(ii) Exception for first year.--In a case
in which the Secretary fails to comply with the
requirements of subparagraph (A) in the first
fiscal year that begins after the date of
enactment of this Act, the hiring freeze
described in subclauses (I) through (IV) of
clause (i) shall take effect beginning on
October 1 of the second succeeding fiscal year.
(c) Termination of Hiring Freeze.--Any hiring freeze described in
subclauses (I) through (IV) of subsection (b)(3)(B)(i) for a fiscal
year shall be terminated on the date on which the Secretary of
Education notifies the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate that any unobligated funds that have been
reserved under section 4103(a)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7113(a)(3)) for the preceding fiscal
year have been awarded under this section to eligible entities.
(d) Reporting Requirements.--
(1) Report.--On the day when the Secretary establishes an
announcement of a grant application process under subsection
(b)(1), the Secretary of Education 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 an accompanying report on the
efforts of the Department of Education to--
(A) create a streamlined grant application process
under this section; and
(B) request the minimum amount of information from
grant applicants.
(2) Annual report.--The Secretary 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, on an annual basis, on the
following:
(A) The average amount of time between when a grant
applicant submits an application under this section and
the disbursement of funds to a grant applicant, and
efforts to reduce that average time.
(B) Any Department practices, procedures, and
rulemakings that could delay or limit accessibility to
grant disbursements.
(e) Definitions.--In this section:
(1) Defensive training program.--The term ``defensive
training program'' shall include any training or program that--
(A) instructs an individual on the best practices
for carrying a firearm on school property for defensive
purposes as approved by--
(i) a State or local government; or
(ii) school administrators, a school board,
or other governing body of a school;
(B) instructs an individual on the best practices
for using or carrying, or storing (if applicable) a
firearm on school property for defensive purposes,
including--
(i) the protection of students from a
violent criminal;
(ii) the interaction of armed citizens with
first responders;
(iii) denying an intruder entry into a
classroom or school facility; or
(iv) increasing an individual's accuracy
with a firearm while under duress; and
(C) instructs individuals on the use of emergency
medical response equipment and traumatic injury kits.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A local educational agency, or a consortium of
local educational agencies.
(B) The Bureau of Indian Education.
(C) A private elementary school or secondary
school.
(D) An entity described in subparagraph (A), (B),
or (C), in partnership with--
(i) a nonprofit organization that has
demonstrated experience in defensive training
programs;
(ii) a business; or
(iii) an educational service agency.
(E) A nonprofit organization that has demonstrated
experience in defensive training programs.
(3) ESEA terms.--The terms ``educational service agency'',
``elementary school'', ``local educational agency'',
``secondary school'', and ``Secretary'' have the meanings given
the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
<all>
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118HR2992 | EDUCATORS for America Act | [
[
"A000370",
"Rep. Adams, Alma S. [D-NC-12]",
"sponsor"
],
[
"G000574",
"Rep. Gallego, Ruben [D-AZ-3]",
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"Rep. Sykes, Emilia Strong [D-OH-13]",
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2992 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2992
To reauthorize title II of the Higher Education Act of 1965, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Adams (for herself, Mr. Gallego, Mrs. Sykes, Ms. Bonamici, Mr.
Bowman, Ms. Moore of Wisconsin, Mr. McGarvey, Ms. Tokuda, Ms. Leger
Fernandez, Mrs. Hayes, Mr. Soto, and Ms. Brown) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To reauthorize title II of the Higher Education Act of 1965, 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 ``EDUCATORS for America Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite an increased need for prekindergarten through
grade 12 teachers, the number of students completing bachelor's
degrees in education has been in decline over the last 2
decades.
(2) Pay is by far the reason that undergraduates cite most
often for not pursuing teaching as a career. Pay was named as
such a reason by 72 percent of respondents in a large 2018
survey of prospective college students.
(3) Because they earn less than other bachelor's degree
recipients, teachers face particular challenges repaying
student loans. Estimated payments on the average amount
education graduates have borrowed is equivalent to 9 percent of
the average starting teacher salary, well in excess of the 7
percent threshold recommended by economists as affordable for
borrowers at that income level.
(4) The number of students earning undergraduate and
graduate degrees in the high-demand specialties of mathematics,
science, and foreign language education are in decline and the
numbers earning degrees in special education and teaching
English as a second language are insufficient to meet demand in
many localities.
(5) Prior to COVID-19, the number of institutions offering
degrees in education was stable, but the number with small
programs was on the rise. One-third of the 1,500 institutions
that award bachelor's and master's degrees in education granted
30 or fewer such degrees in 2019.
(6) An October 2020 survey of American Association of
Colleges for Teacher Education members, which includes 700
schools, colleges, and departments of education at public and
private 4-year colleges and universities, revealed that nearly
60 percent have experienced a decline in undergraduate
enrollment due to COVID-19, 83 percent have had budget cuts,
and half have reduced staffing. The Association predicts that,
absent additional support, a sizable number of educator
preparation programs will close, eliminating needed capacity to
produce the profession-ready teachers that the Nation needs.
(7) A 2015 Government Accountability Office analysis showed
that only 19 percent of students who were eligible for the
Federal Teacher Education Assistance for College and Higher
Education Grant program (referred to as ``TEACH Grants'') in
the 2013-2014 academic year utilized this program, yet the cost
of college remains a barrier for many students who seek to
become teachers. Institutions like the University of Northern
Iowa have successfully utilized TEACH Grants for 57 percent of
its TEACH Grant-eligible teacher candidates, with over one
thousand moving into teaching positions in high-need fields in
high-need schools.
(8) Only 22 percent of educators feel they are ``very
prepared'' to teach social and emotional learning in
classrooms, and 51 percent report that the level of social and
emotional learning professional development offered at their
school is not sufficient.
(9) Our Nation's schools are experiencing a severe
diversity gap that negatively impacts student achievement and
school culture. Fifty percent of current students are from
minority groups while only 18 percent of teachers are from such
groups, according to a 2016 study by the Brookings Institution.
(10) A 2016 report conducted by the Department of Education
shows that teachers of color tend to provide more culturally
relevant teaching and better understand the situations that
students of color may face. These factors help develop trusting
teacher-student relationships. Researchers from Vanderbilt
University also found that greater racial and ethnic diversity
among school principals benefits students, especially students
of color.
(11) Research shows that increasing diversity in the
teaching profession can have positive impacts on student
educational experiences and outcomes. Students of color
demonstrate greater academic achievement and social-emotional
development in classes with teachers of color. Studies also
suggest that all students, including White students, benefit
from having teachers of color because they bring distinctive
knowledge, experiences, and role modeling to the student body
as a whole.
(12) Effective school leadership is second only to direct
classroom instruction among school-based factors in raising
student achievement, and principal impact is greatest in low-
achieving, high-poverty, and minority schools.
(13) Principals improve teaching and learning through their
ability--
(A) to shape a vision of academic success for all
students;
(B) to create a safe and supportive school climate;
(C) to cultivate leadership among teachers and
other school staff;
(D) to improve instruction; and
(E) to manage people, data, and processes to foster
school improvement.
(14) Recent research from the Wallace Foundation on
principals' impact on students and schools notes that it is
difficult to envision a higher return on investment in
kindergarten through grade 12 education than the cultivation of
high-quality school leadership.
(15) In the 2015-2016 school year, only 22 percent of
public school principals were individuals of color, including
11 percent who identified as Black and 8 percent who identified
as Hispanic.
(16) Minority teachers, school leaders, and other educators
can also serve as cultural ambassadors who help students feel
more welcome at school or as role models.
SEC. 3. EDUCATOR QUALITY ENHANCEMENT.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended to read as follows:
``TITLE II--EDUCATOR QUALITY ENHANCEMENT
``SEC. 200. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this title are to--
``(1) build the capacity of educator preparation programs
to ensure that all students have access to diverse, profession-
ready educators;
``(2) provide incentives to individuals to enroll in and
complete high-quality educator preparation programs in high-
need fields at the baccalaureate or graduate levels at
institutions of higher education, particularly to individuals
who belong to groups that are currently underrepresented in the
education profession;
``(3) authorize investments in higher education educator
preparation programs along with critical State and local
partners to support and expand promising and successful
practices; and
``(4) create mechanisms to integrate innovations in the
preparation of profession-ready educators to meet the ever
changing needs of students and schools.
``(b) Definitions.--In this title:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of
an institution of higher education, any academic unit
that offers one or more academic majors in disciplines
or content areas corresponding to the academic subject
matter areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) Certification or licensure.--The term `certification
or licensure' means State requirements for certification or
licensure to teach in that State, and may include the
following:
``(A) A regular or standard State certificate or
advanced professional certificate.
``(B) A probationary certificate.
``(C) A temporary or provisional certificate.
``(D) A waiver or emergency certificate.
``(3) Children from low-income families.--The term
`children from low-income families' means children counted
under section 1124(c)(1)(A) of the Elementary and Secondary
Education Act of 1965.
``(4) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(5) Early childhood education program.--The term `early
childhood education program' means a public education program
serving children from birth through age 8, and may include a
Head Start program or an Early Head Start program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.), including a
migrant or seasonal Head Start program, an Indian Head Start
program, or a Head Start program or an Early Head Start program
that also receives State funding or a public preschool program.
``(6) Educational service agency.--The term `educational
service agency' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
``(7) Educator.--The term `educator' means a teacher,
principal, school leader, specialized instructional support
personnel, or other staff member who provides or directly
supports instruction, such as a school librarian, or counselor.
``(8) Educator preparation program.--The term `educator
preparation program' means a program that leads to a regular or
standard State certificate or advanced professional certificate
for an educator.
``(9) Eligible partnership.--The term `eligible
partnership' means an entity that--
``(A) includes--
``(i) a high-need local educational agency;
``(ii)(I) a high-need school or a
consortium of high-need schools served by the
high-need local educational agency; or
``(II) as appropriate, a high-need early
childhood education program;
``(iii) a partner institution; and
``(iv) a school, department, or program of
education within such partner institution,
which may include an existing teacher
professional development program with
demonstrated outcomes within a four-year
institution of higher education that provides
intensive and sustained collaboration between
faculty and local educational agencies
consistent with the requirements of this title;
and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A public or private nonprofit
educational organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A school leader organization.
``(x) An organization representing
specialized instructional support personnel.
``(xi) A high-performing local educational
agency, or a consortium of such local
educational agencies, that can serve as a
resource to the partnership.
``(xii) A charter school (as defined in
section 4310 of the Elementary and Secondary
Education Act of 1965).
``(xiii) A school or department of arts and
sciences within the partner institution.
``(xiv) A school or department within the
partner institution that focuses on psychology
and human development.
``(xv) A school or department within the
partner institution with comparable expertise
in the disciplines of teaching, learning, and
child and adolescent development.
``(xvi) A public or nonprofit entity
operating a program that provides alternative
routes to State certification of teachers.
``(10) English learner.--The term `English learner' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Evidence-based.--The term `evidence-based' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(12) Evidence of student learning.--The term `evidence of
student learning' means multiple measures of student learning
that include the following:
``(A) Valid and reliable student assessment data,
which may include data--
``(i) based on--
``(I) student learning gains on
State student academic assessments
under section 1111(b)(2) of the
Elementary and Secondary Education Act
of 1965; or
``(II) student academic achievement
assessments used at the national,
State, or local educational agency
level, where available and appropriate
for the curriculum and students taught;
``(ii) from classroom-based formative
assessments;
``(iii) from classroom-based summative
assessments; and
``(iv) from objective performance-based
assessments.
``(B) Not less than one of the following additional
measures:
``(i) Student work, including measures of
performance criteria and evidence of student
growth.
``(ii) Teacher-generated information about
student goals and growth.
``(iii) Parent or caregiver feedback about
student goals and growth.
``(iv) Student feedback about learning and
teaching supports.
``(v) Assessments of effective engagement
and self-efficacy.
``(vi) Other appropriate measures, as
determined by the State.
``(13) High-need early childhood education program.--The
term `high-need early childhood education program' means an
early childhood education program serving children from low-
income families that is located within the geographic area
served by a high-need local educational agency.
``(14) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) that serves not fewer than 10,000 low-
income children;
``(ii) for which not less than 20 percent of the
children served by the agency are low-income children;
``(iii) that meets the eligibility requirements for
funding under the Small, Rural School Achievement
Program under section 5211(b) of the Elementary and
Secondary Education Act of 1965 or the Rural and Low-
Income School Program under section 5221(b) of such
Act; or
``(iv) that has a percentage of low-income children
that is in the highest quartile among such agencies in
the State; and
``(B)(i) for which a majority of schools are
identified for comprehensive support and improvement
under section 1111(c)(4)(D) of the Elementary and
Secondary Education Act of 1965, targeted support and
improvement under section 1111(d)(2) of the Elementary
and Secondary Education Act of 1965, or additional
targeted support under section 1111(d)(2)(C) of the
Elementary and Secondary Education Act of 1965;
``(ii) for which 1 or more schools served by the
agency has a high teacher turnover rate or a high
percentage of teachers with emergency, provisional, or
temporary certification or licensure; or
``(iii) for which there is a high percentage of
positions in State-identified areas of teacher or
school leader shortage, including in special education,
English language instruction, science, technology,
engineering, mathematics, and career and technical
education.
``(15) High-need school.--
``(A) In general.--The term `high-need school'
means a school that, based on the most recent data
available, meets one or both of the following:
``(i) The school is in the highest quartile
of schools in a ranking of all schools served
by a local educational agency, ranked in
descending order by percentage of students from
low-income families enrolled in such schools,
as determined by the local educational agency
based on one of the following measures of
poverty:
``(I) The percentage of students
aged 5 through 17 in poverty counted in
the most recent census data approved by
the Secretary.
``(II) The percentage of students
eligible for a free or reduced price
school lunch under the Richard B.
Russell National School Lunch Act.
``(III) The percentage of students
in families receiving assistance under
the State program funded under part A
of title IV of the Social Security Act.
``(IV) The percentage of students
eligible to receive medical assistance
under the Medicaid program.
``(V) A composite of two or more of
the measures described in subclauses
(I) through (IV).
``(ii) In the case of--
``(I) an elementary school, the
school serves students not less than 60
percent of whom are eligible for a free
or reduced price school lunch under the
Richard B. Russell National School
Lunch Act; or
``(II) any other school that is not
an elementary school, the other school
serves students not less than 45
percent of whom are eligible for a free
or reduced price school lunch under the
Richard B. Russell National School
Lunch Act.
``(B) Special rule.--
``(i) Designation by the secretary.--The
Secretary may, upon approval of an application
submitted by an eligible partnership seeking a
grant under this title, designate a school that
does not qualify as a high-need school under
subparagraph (A) as a high-need school for the
purpose of this title. The Secretary shall base
the approval of an application for designation
of a school under this clause on a
consideration of the information required under
clause (ii), and may also take into account
other information submitted by the eligible
partnership.
``(ii) Application requirements.--An
application for designation of a school under
clause (i) shall include--
``(I) the number and percentage of
students attending such school who
are--
``(aa) aged 5 through 17 in
poverty counted in the most
recent census data approved by
the Secretary;
``(bb) eligible for a free
or reduced price school lunch
under the Richard B. Russell
National School Lunch Act;
``(cc) in families
receiving assistance under the
State program funded under part
A of title IV of the Social
Security Act; or
``(dd) eligible to receive
medical assistance under the
Medicaid program;
``(II) information about the
student academic achievement of
students at such school; and
``(III) for a secondary school, the
graduation rate for such school.
``(16) Induction program.--The term `induction program'
means a formalized program for new educators during not less
than the educators' first 2 years in the profession that is
designed to provide support for, and improve the professional
performance and advance the retention in the field of,
beginning educators. Such program shall promote effective
teaching skills, instructional leadership skills, and
profession-readiness for educators and shall include the
following components:
``(A) High-quality mentoring.
``(B) Periodic, structured time for collaboration
with educators in the same department or field,
including mentor teachers, as well as time for
information-sharing among teachers, principals,
administrators, other appropriate instructional staff,
and participating faculty in the partner institution.
``(C) The application of evidence-based practice on
instructional practices.
``(D) Opportunities for new educators to draw
directly on the expertise of mentors, faculty, and
researchers to support the integration of evidence-
based practice and research with practice.
``(E) The development of skills in instructional
and behavioral interventions derived from evidence-
based practice and, where applicable, research.
``(F) Faculty who--
``(i) model the integration of research and
practice in instruction;
``(ii) model personalized instruction; and
``(iii) assist new educators with the
effective use and integration of technology in
instruction.
``(G) Interdisciplinary collaboration among
exemplary educators, faculty, researchers, and other
staff who prepare new educators with respect to the
learning process and the assessment of learning.
``(H) Assistance with the understanding of evidence
of student learning and the applicability of such
evidence in classroom instruction.
``(I) The development of skills to implement and
support evidence-based practices that create a positive
and inclusive school culture and climate.
``(J) Regular and structured observation and
evaluation of new educators by multiple evaluators,
using valid and reliable measures of teaching skills,
instructional leadership skills, and profession-
readiness.
``(17) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a).
``(18) Parent.--The term `parent' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act of 1965.
``(19) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a
2-year institution of higher education offering a dual program
with a 4-year institution of higher education, participating in
an eligible partnership that has a teacher preparation program
that--
``(A) has a record of preparing profession-ready
educators;
``(B) is approved by the State to offer an educator
preparation program; and
``(C) is not low-performing, as determined by the
State.
``(20) Professional development.--The term `professional
development' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.
``(21) Profession-ready.--The term `profession-ready'--
``(A) when used with respect to a principal, means
a principal who--
``(i) has an advanced degree, or other
appropriate credential;
``(ii) has completed a principal
preparation process and is fully certified and
licensed by the State in which the principal is
employed;
``(iii) has demonstrated instructional
leadership, including the ability to collect,
analyze, and use data on evidence of student
learning and evidence of classroom practice;
``(iv) has demonstrated proficiency in
professionally recognized leadership standards,
such as through--
``(I) a performance assessment;
``(II) completion of a residency
program; or
``(III) other measures of
leadership, as determined by the State;
``(v) has demonstrated the ability to work
with students who are culturally and
linguistically diverse;
``(vi) has demonstrated skill as an
instructional leader; and
``(vii) has demonstrated proficiency in the
use of instructional technology, assistive
technology, and the application of technology
to create equity and access for all students;
``(B) when used with respect to a teacher, means a
teacher who--
``(i) has completed a teacher preparation
program and has a certification or licensure
described in paragraph (2)(A) for the State in
which the teacher teaches;
``(ii) has demonstrated content knowledge
in the subject or subjects the teacher teaches;
``(iii) has demonstrated the ability to
work with students who are culturally and
linguistically diverse; and
``(iv) has demonstrated teaching skills,
such as through--
``(I) a teacher performance
assessment; or
``(II) other measures of teaching
skills, as determined by the State; and
``(C) when used with respect to any other educator
not described in subparagraphs (A) or (B), means an
educator who has completed an appropriate preparation
program and has a certification or licensure described
in paragraph (2)(A) for the State in which the educator
is employed.
``(22) School leader residency program.--The term `school
leader residency program' has the meaning given that term in
section 2002 of the Elementary and Secondary Education Act of
1965.
``(23) Social and emotional learning.--The term `social and
emotional learning' means the process through which all young
people and adults acquire and apply the knowledge, skills, and
attitudes to develop healthy identities, manage emotions,
achieve personal and collective goals, empathize with others,
establish and maintain supportive relationships, and make
responsible and caring decisions.
``(24) Specialized instructional support personnel.--The
term `specialized instructional support personnel' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(25) Teacher mentoring.--The term `teacher mentoring'
means the mentoring of new or prospective teachers through a
program that--
``(A) includes clear criteria for the selection of
teacher mentors who will provide role model
relationships for mentees, which criteria shall be
developed by the eligible partnership and based on
measures of teacher effectiveness;
``(B) provides evidence-based training for such
mentors, including instructional strategies for
literacy instruction and classroom management
(including approaches that improve the schoolwide
climate for learning, which may include positive
behavioral interventions and supports and social and
emotional learning);
``(C) provides regular and ongoing opportunities
for mentors and mentees to observe each other's
teaching methods in classroom settings during the day
in a high-need school in the high-need local
educational agency in the eligible partnership;
``(D) provides paid release time for mentors, as
applicable;
``(E) provides mentoring to each mentee by a
colleague who teaches in the same field, grade, or
subject as the mentee;
``(F) promotes evidence-based research on--
``(i) teaching and learning;
``(ii) assessment of student learning;
``(iii) the development of teaching skills
through the use of instructional and behavioral
interventions; and
``(iv) the improvement of the mentees'
capacity to measurably advance student
learning;
``(G) integrates technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning and technology to collect, manage, and analyze
data to improve teaching and learning for the purpose
of improving student learning outcomes; and
``(H) includes--
``(i) common planning time or regularly
scheduled collaboration for the mentor and
mentee; and
``(ii) joint professional development
opportunities.
``(26) Teacher residency program.--The term `teacher
residency program' has the meaning given that term in section
2002 of the Elementary and Secondary Education Act of 1965.
``(27) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and
the ability to apply knowledge;
``(B) convey and explain academic subject matter;
``(C) teach higher-order analytical, evaluation,
problem-solving, and communication skills;
``(D) employ strategies grounded in the disciplines
of teaching and learning that--
``(i) are based on evidence, practice, and
research, where applicable, related to teaching
and learning;
``(ii) are specific to academic subject
matter; and
``(iii) focus on the identification of
students' specific learning needs, particularly
students with disabilities, students who are
English learners, students who are gifted and
talented, and students with low literacy
levels, and the tailoring of academic
instruction to such needs;
``(E) design and conduct an ongoing assessment of
evidence of student learning, which may include the use
of formative or diagnostic assessments, performance-
based assessments, project-based assessments, or
portfolio assessments, that measures higher-order
thinking skills (including application, analysis,
synthesis, and evaluation) and use this information to
inform and personalize instruction;
``(F) support the social, emotional, and academic
achievement of all students, including by effectively
creating an inclusive classroom environment, and
implementing positive behavioral interventions, trauma-
informed care, and other support strategies that
enhance student motivation and engagement;
``(G) incorporate the principles of universal
design for learning;
``(H) integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning and technology to collect, manage, and analyze
data to improve teaching and learning for the purpose
of improving student learning outcomes;
``(I) communicate and work with parents, and
involve parents in their children's education; and
``(J) use, in the case of an early childhood
educator, age-appropriate and developmentally
appropriate strategies and practices for children in
early childhood education programs.
``(28) Teacher performance assessment.--The term `teacher
performance assessment' means a pre-service assessment used to
measure teacher performance that is approved by the State and
is--
``(A) based on professional teaching standards;
``(B) used to measure the effectiveness of a
teacher's--
``(i) curriculum planning;
``(ii) instruction of students, including
appropriate plans and modifications for
students who are English learners and students
who are children with disabilities;
``(iii) assessment of students, including
analysis of evidence of student learning; and
``(iv) ability to advance student learning;
``(C) validated based on professional assessment
standards;
``(D) reliably scored by trained evaluators, with
appropriate oversight of the process to ensure
consistency; and
``(E) used to support continuous improvement of
educator practice.
``(29) Teacher preparation entity.--The term `teacher
preparation entity' means an institution of higher education, a
nonprofit organization, or an organization that is approved by
the State to prepare teachers to be effective in the classroom.
``(30) Teacher preparation program.--The term `teacher
preparation program' means a program offered by a teacher
preparation entity that leads to a specific State teacher
certification.
``PART A--GRANTS TO STATES FOR STRENGTHENING EDUCATOR PREPARATION
``SEC. 201. ALLOTMENTS TO STATES.
``(a) Program Authorized.--
``(1) Reservation of funds.--From the total amount
appropriated to carry out this part for a fiscal year, the
Secretary shall reserve--
``(A) one-half of 1 percent for allotments for the
outlying areas (as defined in section 8101 of the
Elementary and Secondary Education Act of 1965) to
carry out this part, to be distributed among those
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(B) one-half of 1 percent for the Secretary of
the Interior to carry out this part for schools
operated or funded by the Bureau of Indian Education.
``(2) Formula.--From amounts made available to carry out
this part and not reserved under paragraph (1), the Secretary
shall allot funds to each State having an approved application
under this section to carry out this part in proportion to each
such State's share of funding under part A of title I of the
Elementary and Secondary Education Act of 1965, except that no
State shall receive less than 0.5 percent of the amounts made
available to carry out this paragraph.
``(3) State.--Notwithstanding section 103, in this section
the term `State' means the several States of the United States,
the Commonwealth of Puerto Rico, and the District of Columbia.
``(4) Uses of funds.--
``(A) Development of the strategic plan.--Each
State may use an amount equal to not more than 30
percent of the amount allotted to the State, for a
period not to exceed 1 year, to carry out activities
related to the development of the strategic plan, as
described in subsection (c).
``(B) Subsequent years.--For each year following
the first year after receiving an allotment under this
section, the State--
``(i) shall use not less than 95 percent of
the amount allotted to the State under this
section to carry out activities described in
subsection (d); and
``(ii) may use not more than 5 percent of
the amounts allotted to the State under this
section for administration and accountability
and reporting requirements.
``(b) Application.--Each State desiring an allotment 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. Each such application shall contain--
``(1) the identification of a State agency to lead the
grant, which shall be determined by the Governor in
consultation with the State educational agency;
``(2) a description of the certification or licensing
requirements with respect to each form of certification or
licensure described in section 200(b)(2) for early childhood,
elementary school, and secondary school teachers in the State
at the time of the application;
``(3) a description of the certification or licensing
requirements with respect to each form of certification or
licensure described in section 200(b)(2) for specialized
instructional support personnel;
``(4) a description of the State authorization requirements
for teacher preparation programs (including alternate and
traditional routes to certification) and the number of teacher
preparation programs authorized in the State (including
alternative and traditional routes to certification);
``(5) a description of the teacher preparation needs
assessment that the State will conduct, including how the State
will assess--
``(A) teacher workforce needs for public preschool,
elementary, and secondary schools in the State;
``(B) the number and percentage of teachers of
record who are not profession-ready as described in
section 200(b)(20)(B);
``(C) the demographics of the student population
and the demographics of the educator workforce, and the
extent to which the educator workforce reflects the
demographics of the student population;
``(D) high-need fields, high-need schools, and
high-need local educational agencies;
``(E) the State's educator equity plan described in
section 1111(g)(1)(B) of the Elementary and Secondary
Education Act of 1965;
``(F) the extent to which currently authorized
teacher preparation programs in the State are producing
profession-ready candidates; and
``(G) the capacity of programs that are authorized
in the State, as of the time of the application, to
meet the State's teacher workforce needs, including the
capacity of--
``(i) pipeline programs, such as associate
degree to baccalaureate transfer pathway
programs with community colleges;
``(ii) `grow your own' programs that
provide pathways to standard teacher
certification through partnerships between
local educational agencies, institutions of
higher education, and community-based
organizations to recruit and prepare community
members to become teachers in local schools;
``(iii) career awareness programs,
including career and technical education and
other pathways, in public schools; and
``(iv) programs to support the career
progression of educators, including retention,
leadership opportunities, and professional
development;
``(6) a description of the school leader, principal, and
other educator preparation needs assessment that the State will
conduct, including how the State will assess--
``(A) the principal and other educator workforce
needs for public preschools and elementary and
secondary schools in the State;
``(B) high-need positions, high-need schools, and
high-need local educational agencies;
``(C) the extent to which authorized educator
preparation programs in the State, as of the time of
the application, are producing profession-ready
candidates; and
``(D) the capacity of programs authorized in the
State, as of the time of the application, to meet the
State's principal and other educator needs, including
meeting nationally recognized ratios for specialized
instructional support personnel in schools, where
applicable; and
``(7) a timeline for the State's activities to develop a
strategic plan, including a timeline for stakeholder engagement
with administrators of institutions of higher education,
elementary school and secondary school principals and
administrators, educator preparation programs, teachers,
specialized instructional support personnel, parents, students,
civil rights organizations, community-based organizations, and
workforce development programs.
``(c) Development of a Strategic Plan.--During the first year after
receiving an allotment under this section, a State may use not more
than 30 percent of the funds allotted to conduct the needs assessments
described in paragraphs (5) and (6) of subsection (b) and develop a
strategic plan for the State to improve educator preparation programs
to address the needs identified in paragraphs (5) and (6) of subsection
(b).
``(d) Submission of Strategic Plan.--Not later than 1 year after
receiving an allotment under this section, each State shall submit a
strategic plan to the Secretary, which shall contain the following
information:
``(1) The State's goals relating to educator preparation,
supporting quantitative and qualitative evidence for those
goals, and intermediate and long-term implementation timelines.
``(2) The results of the needs assessments described in
paragraphs (5) and (6) of subsection (b).
``(3) The State's plan for meeting the educator workforce
needs in the State, including how the State will prioritize
institutions of higher education with the greatest share of
prospective educators, institutions that enroll the highest
percentage of prospective educators from underrepresented
groups, and institutions of higher education with the highest
placement of educators in the State.
``(4) The State's plan for removing barriers to an
inclusive and equitable workforce that supports the needs of
populations that are underrepresented in the field of
education, including teachers of color, first generation
college students, and teachers with disabilities, including
recruitment, preparation, and retention.
``(e) Authorized Activities.--A State shall use funds allotted
under this section to implement the strategic plan submitted under
subsection (d), which may include the following activities:
``(1) Strengthening and professionalizing educator
certification and licensure, and other credentialing, so that
it aligns with evidence-based practices and high professional
standards.
``(2) Developing and implementing an equitable and
evidence-based State approval system for alternative route
program providers and programs and traditional and alternative
route programs at institutions of higher education.
``(3) Supporting the implementation of evidence-based
performance assessments for teacher licensure or certification
in the State.
``(4) Regularly assessing the workforce needs of
prekindergarten through grade 12 educators across the State,
including the diversity of the workforce, and providing that
information to institutions of higher education that prepare
educators in the State.
``(5) Providing transparency to the public as to how
authorized educator preparation programs are meeting
professional standards and requirements.
``(6) Providing subgrants to partner institutions,
consortia of partner institutions, or eligible partnerships, to
enable those institutions and partnerships to carry out
activities related to the strategic plan described in
subsection (d), including--
``(A) developing and offering induction, mentoring,
or professional and leadership coaching for all novice
teachers and principals in a high-need local
educational agency, which shall be provided by faculty
or staff at the institution of higher education and
teachers and school leaders;
``(B) developing and offering professional
development that brings research to practice for
educators in schools of district partners;
``(C) developing and offering second endorsement
coursework;
``(D) creating and expanding dual certification
programs in special education and general education;
``(E) developing and offering `grow your own'
programs;
``(F) developing or strengthening career ladder
positions for educators, such as teacher leaders, with
certification requirements and coursework leading to
certification, which may include nationally recognized,
standards-based advanced certification;
``(G) designing and implementing statewide pre-
service residencies for teacher and principal
candidates using the model described in section 202(e)
of the Higher Education Act of 1965 as in effect on the
day before the date of enactment of the EDUCATORS for
America Act;
``(H) developing and implementing a statewide best
practices network for the preparation of profession-
ready educators; and
``(I) creating or expanding teaching fellows
programs whereby individuals preparing to be teachers
receive tuition waivers for use in comprehensive
preparation provided by a teacher preparation program
that includes extensive clinical experience that is
tightly aligned to coursework, before becoming the
teacher of record, in exchange for teaching in one of
the identified workforce need areas in the State for a
period of years.
``(f) Annual Report on the Implementation of the Strategic Plan.--
Each State receiving an allotment under this section shall make
publicly available a report, on an annual basis, on the implementation
of the strategic plan submitted under subsection (d).
``(g) Maintenance of Effort.--
``(1) In general.--A State shall provide for activities
described in this section in such State, an amount which is
equal to or greater than the average amount provided for such
activities by such State during the 3 most recent preceding
fiscal years for which satisfactory data are available.
``(2) Waiver.--Notwithstanding paragraph (1), the Secretary
may waive the requirements of this subsection if the Secretary
determines that a waiver would be equitable due to--
``(A) exceptional or uncontrollable circumstances,
such as a natural disaster or a change in the
organizational structure of the State; or
``(B) a precipitous decline in the financial
resources of the State.
``(h) State Maintenance of Equity.--As a condition of receiving an
allotment under this section, a State shall meet the maintenance of
equity requirements in section 2004(b) of the of the American Rescue
Plan Act of 2021 (Public Law 117-2).
``(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``SEC. 202. ACCOUNTABILITY FOR EQUITABLE ACCESS TO PROFESSION-READY
TEACHERS.
``(a) Institutional and Program Annual Reports.--
``(1) Annual reporting.--Each teacher preparation entity
approved to operate teacher preparation programs in the State
and that receives or enrolls students receiving Federal
assistance shall report annually to the State and the general
public, in a uniform and comprehensible manner that conforms
with the definitions and methods established by the Secretary,
the following:
``(A) Pass rates.--For the most recent year for
which the information is available for each teacher
preparation program offered by the teacher preparation
entity, the following:
``(i) Except as provided in clause (ii),
for those students who took the assessments
used for teacher certification or licensure by
the State in which the entity is located and
are enrolled in the teacher preparation
program, the percentage of such students who
passed such assessment.
``(ii) In the case of an entity that
requires a valid and reliable teacher
performance assessment in order to complete the
preparation program, the entity may submit in
lieu of the information described in clause (i)
the pass rate of students taking the teacher
performance assessment.
``(B) Entity information.--A description of the
following:
``(i) The number of students in the entity
(disaggregated by race, ethnicity, sex, and
disability status).
``(ii) The number of hours of supervised
clinical preparation required for each program.
``(iii) The total number of students who
have completed programs for certification or
licensure (disaggregated by subject area and by
race, ethnicity, sex, and disability status,
except that such disaggregation, consistent
with applicable privacy laws, shall not be
required in a case in which the result would
reveal personally identifiable information
about an individual student).
``(iv) The criteria for admission into the
program.
``(v) The number of full-time equivalent
faculty, adjunct faculty, and students in
supervised clinical experience.
``(C) Accreditation.--Whether the program or entity
is accredited by a specialized accrediting agency
recognized by the Secretary for accreditation of
professional teacher education programs.
``(D) Designation as low-performing.--Which
programs (if any) offered by the entity have been
designated as low-performing by the State under section
207(a).
``(b) Annual State Report on Teacher Preparation.--
``(1) In general.--Each State that receives funds under
this part shall provide to the Secretary, and make widely
available to the general public, in a uniform and
comprehensible manner that conforms with the definitions and
methods established by the Secretary, an annual State report on
educator preparation in the State, both for traditional teacher
preparation programs and for alternative routes to State
certification or licensure programs, which shall include not
less than the following:
``(A) A description of the teacher certification
and licensure assessments, including teacher
performance assessments, and any other certification
and licensure requirements, used by the State,
including evidence on validity and reliability of those
assessments and the methods used to determine
performance standards.
``(B) The standards and criteria that prospective
teachers must meet to--
``(i) attain certification or licensure
described under each of subparagraphs (A), (B),
(C), and (D) of section 200(b)(2); and
``(ii) be certified or licensed to teach
particular academic subjects, areas, or grades
within the State.
``(C)(i) The number of certifications or licensures
described under each of subparagraphs (A), (B), (C),
and (D) of section 200(b)(2) issued by the State,
disaggregated by grade and subject area.
``(ii) The number and percentage of teachers who
received a certification or licensure described in
section 200(b)(2)(A) and who did not complete any
formal teacher preparation program, but have received
such certification or licensure by alternative means
such as passing a test, disaggregated by field.
``(iii) The number and percentage of teachers of
record who are not profession-ready, disaggregated by
field.
``(D)(i) Except as provided in clause (ii), for
each of the assessments used by the State for teacher
certification or licensure, the pass rates of such
assessments for individuals having completed each
teacher preparation entity in the State and for all
such entities, disaggregated by subject area, race,
ethnicity, sex, and disability status, except that such
disaggregation shall not be required in a case in which
the result would reveal personally identifiable
information about an individual.
``(ii) In the case of a State that has implemented
a valid and reliable teacher performance assessment,
the State may submit in lieu of the information
described in clause (i) the pass rate of students
taking the teacher performance assessment,
disaggregated by subject area, race, ethnicity, sex,
and disability status, except that such disaggregation
shall not be required in a case in which the result
would reveal personally identifiable information about
an individual student.
``(E) For each teacher preparation program in the
State the following:
``(i) The number of students in the program
(disaggregated by race, ethnicity, sex, and
disability status).
``(ii) The number of hours of supervised
clinical preparation required.
``(iii) Whether such program has been
identified as low-performing and during which
years of operation.
``(F) A description of alternative routes to
teacher certification or licensure in the State
(including any such routes operated by entities that
are not institutions of higher education), if any,
including, for each of the assessments used by the
State for teacher certification or licensure, the
percentage of individuals participating in such routes,
or who have completed such routes during the two-year
period preceding the date for which the determination
is made, who passed each such assessment.
``(G) The percentage of candidates completing
programs in each field, including special education,
who use alternate routes compared to those who complete
traditional programs.
``(H) A description of the State's criteria for
assessing the performance of teacher preparation
programs within institutions of higher education in the
State. Such criteria shall include indicators of the
academic content knowledge and teaching skills of
students enrolled in such programs.
``(I) For each teacher preparation program in the
State--
``(i) the number of students in the
program, disaggregated by race, ethnicity, sex,
and disability status (except that such
disaggregation shall not be required in a case
in which the number of students in a category
would reveal personally identifiable
information about an individual student); and
``(ii) the range and average number of
hours of supervised clinical experience
required for those in the program.
``(J) For the State as a whole, and for each
teacher preparation entity in the State, the number of
teachers prepared, in the aggregate and reported
separately by the following:
``(i) Area of certification or licensure.
``(ii) Academic major.
``(iii) Subject area for which the teacher
has been prepared to teach.
``(iv) The relationship of the subject area
and grade span of teachers graduated by the
teacher preparation entity to the teacher
workforce needs of the State.
``(v) The percentage of teachers graduated
teaching in high-need schools.
``(vi) Race, ethnicity, sex, and disability
status.
``(K) A comparison of standard licenses and
certifications issued to the areas of identified
teacher shortage in the State.
``(L) The capacity of the statewide longitudinal
data system to report valid and reliable outcome data
on the graduates of teacher preparation entities in the
State and where available the results of such data on
the following:
``(i) Job placement of program completers
within 12 months of graduation.
``(ii) Retention of program completers in
teaching after 3 years.
``(iii) Other outcome indicators used by
the State, such as average results from teacher
evaluations.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the information provided
under this subsection.
``(3) No requirement for reporting on students not residing
in the state.--Nothing in this section shall require a State to
report data on program completers who do not reside in such
State.
``(c) Data Quality.--The Secretary shall prescribe regulations to
ensure the reliability, validity, integrity, accuracy, and consistency
of the data submitted pursuant to this section.
``(d) Report of the Secretary on Teacher Preparation.--
``(1) Report.--The Secretary shall, until 2025, annually
provide to the authorizing committees, and publish and make
widely available, a report on teacher qualifications and
preparation in the United States, including all the information
reported in subparagraphs (A) through (L) of subsection (b)(1).
``(2) Enhanced report.--
``(A) Recommendations.--The Secretary shall
instruct the National Center for Education Statistics
to convene an expert panel that includes researchers
and practitioners to study and make recommendations for
revised reporting of teacher qualifications and
preparation in the United States. The recommendations
shall include suggestions for how to--
``(i) consolidate and streamline reporting
across existing Federal and State requirements
and Federal data collections to provide a
concise and robust set of State and national
indicators on the size, diversity, and quality
of the teacher workforce and the equitable
distribution of profession-ready teachers; and
``(ii) reduce reporting burdens on educator
preparation entities, local educational
agencies, and States.
``(B) Revised reporting.--The Secretary shall
publish revised reporting requirements of teacher
qualifications and preparation in the United States in
the Federal Register with sufficient time for the new
reporting requirements to be in place for 2025.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than ten scores reported on any single
initial teacher certification or licensure assessment during an
academic year, the Secretary shall collect and publish, and
make publicly available, information with respect to an average
pass rate on each State certification or licensure assessment
taken over a three-year period.
``(e) Coordination.--The Secretary, to the extent practicable,
shall coordinate the information collected and published under this
part among States for individuals who took State teacher certification
or licensure assessments in a State other than the State in which the
individual received the individual's most recent degree.
``SEC. 203. STATE FUNCTIONS.
``(a) State Assessment.--
``(1) In general.--In order to receive funds under this
part, a State shall conduct an assessment to identify low-
performing teacher preparation programs in the State and to
assist such programs through the provision of technical
assistance.
``(2) Provision of low-performing list.--Each State
described in paragraph (1) shall--
``(A) provide the Secretary with an annual list of
low-performing teacher preparation programs;
``(B) report any teacher preparation program that
has been closed and the reasons for such closure; and
``(C) describe the criteria determined under
paragraph (3) for identifying low performing programs.
``(3) Determination of low-performing programs.--The levels
of performance and the criteria for meeting those levels for
purposes of the assessment under paragraph (1) shall be
determined by the State in consultation with a representative
group of community stakeholders, including, at a minimum,
representatives of leaders and faculty of traditional and
alternative route teacher preparation programs, prekindergarten
through 12th grade leaders and instructional staff, current
teacher candidates participating in traditional and alternative
route teacher preparation programs, the State's standards board
or other appropriate standards body, and other stakeholders
identified by the State. In making such determination, the
State shall consider multiple measures and the information
reported by teacher preparation entities under section 202.
``(b) Reporting and Improvement.--In order to receive funds under
this part, a State shall--
``(1) report any teacher preparation programs described in
subparagraphs (A) or (B) of subsection (a)(2) to the Secretary;
``(2) establish a period of improvement and redesign (as
established by the State) for programs identified as low-
performing under subsection (a);
``(3) provide programs identified as low-performing with
technical assistance for a period of not longer than 5 years;
and
``(4) subject low-performing programs that have not
improved to the provisions described in subsection (c) (as
determined by the State).
``(c) Termination of Eligibility.--Any teacher preparation program
that is low-performing and has not improved for a period of 5 years--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) may not be permitted to provide new awards under
subpart 9 of part A of title IV; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled in the
program in the year prior to such closure.
``(d) Application of the Requirements.--The requirements of this
section shall apply to both traditional teacher preparation programs
and alternative routes to State certification or licensure programs.
``SEC. 204. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 202 and 203, the
Secretary shall ensure that States and institutions of higher education
use fair and equitable methods in reporting and that the reporting
methods do not reveal personally identifiable information.
``(b) Special Rule.--For each State that does not use content
assessments as a means of ensuring that all teachers teaching within
the State meet the applicable State certification or licensure
requirements, including any requirements for certification obtained
through alternative routes to certification, in accordance with the
State plan submitted or revised under section 1111 of the Elementary
and Secondary Education Act of 1965, and that each person employed as a
special education teacher in the State who teaches elementary school or
secondary school meets the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act, the
Secretary shall--
``(1) to the extent practicable, collect data comparable to
the data required under this part from States, local
educational agencies, institutions of higher education, or
other entities that administer such assessments to teachers or
prospective teachers; and
``(2) notwithstanding any other provision of this part, use
such data to carry out requirements of this part related to
assessments, pass rates, and scaled scores.
``(c) Release of Information to Educator Preparation Programs.--
``(1) In general.--For the purpose of improving educator
preparation programs, a State that receives funds under this
part, or that participates as a member of a partnership,
consortium, or other entity that receives such funds, shall
provide to an educator preparation program, upon the request of
the educator preparation program, any and all pertinent
education-related information that--
``(A) may enable the educator preparation program
to evaluate the effectiveness of the program's
graduates or the program itself; and
``(B) is possessed, controlled, or accessible by
the State.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the educator preparation
program to enable the educator preparation program to
evaluate the information provided to the program from
the State with the program's own data about the
specific courses taken by, and field experiences of,
the individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12
academic achievement and demographic data,
without revealing personally identifiable
information about an individual student, for
students who have been taught by graduates of
the educator preparation program;
``(ii) teacher effectiveness evaluations
for teachers who graduated from the educator
preparation program; and
``(iii) survey data on program quality as
it relates to the preparedness on different
aspects of teaching or school leadership from
preparation program completers and principals
in schools or superintendents in local
educational agencies where completers are
placed.
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$500,000,000 for fiscal year 2024 and each of the 5 succeeding fiscal
years.
``PART B--GRANTS TO INSTITUTIONS
``SEC. 220. PURPOSES.
``The purposes of this part are to--
``(1) expand the pool of profession-ready diverse educators
to meet the workforce demands of high-need schools and high-
need fields;
``(2) ensure that new teachers, principals, and other
educators are profession-ready and prepared to meet the
learning and social and emotional needs of a diverse student
population in a range of settings, including rural and urban
areas;
``(3) strengthen the quality of prospective and new
teachers, principals, and other educators by strengthening the
preparation of prospective teachers, principals, and other
educators and enhancing professional development activities for
new teachers, principals, and other educators;
``(4) recruit individuals, particularly individuals from
underrepresented populations and individuals from other
occupations, to become teachers, principals, and other
educators; and
``(5) build and strengthen partnerships between educator
preparation programs within institutions of higher education
and local educational agencies and high-need schools in order
to meet the needs of those agencies and schools staffing needs.
``SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part $500,000,000 for fiscal year 2024 and each of the 5
succeeding fiscal years.
``(b) Minimum Appropriations for Each Subpart.--The Secretary shall
ensure that not less than 25 percent of the funds appropriated to carry
out this part for a fiscal year are allocated for each of subparts 1,
2, and 3 of this part.
``Subpart 1--Educator Quality Partnership Grants
``SEC. 222. PARTNERSHIP GRANTS.
``(a) Program Authorized.--From amounts made available under
section 221, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the eligible
partnerships to carry out the activities described in subsection (c).
``(b) Application.--Each eligible partnership desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Each such application shall contain--
``(1) a needs assessment of the partners in the eligible
partnership with respect to the preparation, ongoing training,
professional development, and retention of general education
teachers, special education teachers, multilingual education
teachers, principals, other educators (including specialized
instructional support personnel), school librarians, and
counselors, and, as applicable, early childhood educators;
``(2) a description of the extent to which the program to
be carried out with grant funds, as described in subsection
(c), will prepare profession-ready educators with strong
teaching, leadership, and other professional skills necessary
to increase learning and academic achievement;
``(3) a description of how such program will prepare
profession-ready teachers, principals, and other educators to
understand and use research and data to modify and improve
classroom instruction and improve student motivation and
engagement;
``(4) a description of--
``(A) how the eligible partnership will coordinate
strategies and activities assisted under the grant with
other teacher, principal, and other educator
preparation or professional development programs,
including programs funded under part A of this title,
the Elementary and Secondary Education Act of 1965, and
the Individuals with Disabilities Education Act, and
through the National Science Foundation;
``(B) how the activities of the partnership will be
consistent with State and local innovations and
activities, and other education innovations and
activities, that promote educator quality, diversity,
and student academic achievement; and
``(C) how the eligible partnership will develop
strong partnerships between local educational agencies
and institutions of higher education within the
partnership and community connections (which may
include collaboration with teacher and school leader
representatives within the local educational agency) to
ensure that candidates develop an understanding of the
students and families in the communities in which they
will be teaching, prepare candidates to teach in those
communities, and understand school contexts to address
needs in the local educational agency;
``(5) an assessment that describes the resources available
to the eligible partnership, including--
``(A) the integration of funds from other related
sources;
``(B) the intended use of the grant funds; and
``(C) the commitment of the resources of the
partnership to the activities assisted under this
section, including financial support, faculty
participation, and time commitments, and to the
continuation of the activities when the grant ends;
``(6) a description of--
``(A) how the eligible partnership will meet the
purposes of this part;
``(B) how the partnership will carry out the
activities required under subsection (d), (e) or (f),
based on the needs identified in paragraph (1), with
the goal of providing a pipeline of diverse profession-
ready educators needed by the local educational agency
or schools that are part of the eligible partnership;
``(C) if the partnership chooses to use funds under
this section for a project or activities under
subsection (g), how the partnership will carry out such
project or required activities based on the needs
identified in paragraph (1), with the goals of meeting
the workforce needs of the partner local educational
agency or schools that are part of the eligible
partnership through the provision of profession-ready
diverse educators;
``(D) the partnership's evaluation plan under
section 224;
``(E) how the partnership will align the teacher
preparation program under subsection (d) with the--
``(i) State early learning standards for
early childhood education programs, as
appropriate, and with the relevant domains of
early childhood development;
``(ii) State academic standards under
section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965, established by
the State in which the partnership is located;
and
``(iii) activities identified under section
2101 and section 2103 of the Elementary and
Secondary Education Act of 1965 and where
applicable, the school support and improvement
activities identified under section 1111(d) of
that Act;
``(F) how the partnership will prepare educators to
teach and work with students with disabilities,
including training related to early identification of
students with disabilities and participation as a
member of individualized education program teams, as
defined in section 614(d)(1)(B) of the Individuals with
Disabilities Education Act;
``(G) how the partnership will prepare educators to
teach and work with students who are English learners;
``(H) how the partnership will prepare educators to
teach diverse students, including students of different
races, ethnicities, language, gender identity or sexual
orientation, and students with disabilities; and
``(I) how the partnership will design, implement,
or enhance a year-long and evidence-based educator pre-
service clinical program component; and
``(7) with respect to the induction program required as
part of the activities carried out under this section--
``(A) a description of how the educator preparation
program will design and implement an induction program
to support all new educators who are prepared by the
educator preparation program in the partnership and who
are employed in the high-need local educational agency
in the partnership, and, to the extent practicable, all
new educators who teach in such high-need local
educational agency; and
``(B) a description of how higher education faculty
involved in the induction program will be able to
substantially participate in an early childhood
education program or an elementary school or secondary
school classroom setting, as applicable.
``(c) Use of Grant Funds.--An eligible partnership that receives a
grant under this section--
``(1) shall use grant funds to carry out a program for the
pre-baccalaureate or post-baccalaureate preparation of teachers
under subsection (d), a pre-service principal preparation
program under subsection (e), a teaching or principal residency
program under subsection (f), or a combination of such
programs; and
``(2) may use funds to carry out other educator development
programs under subsection (g), based upon the results of the
needs assessment in subsection (b)(1).
``(d) Partnership Grants for the Preparation of Teachers.--An
eligible partnership that receives a grant to carry out a program for
the preparation of teachers shall carry out a pre-baccalaureate teacher
preparation program or a 5th year initial licensing program that
includes all of the following:
``(1) Activities.--
``(A) In general.--Implementing activities,
described in subparagraph (B), within each teacher
preparation program and, as applicable, each
preparation program for early childhood education
programs, of the eligible partnership that is assisted
under this section, to hold each program accountable
for--
``(i) preparing--
``(I) profession-ready teachers;
and
``(II) such teachers and, as
applicable, early childhood educators,
to understand evidence-based research
related to teaching, learning, and
classroom management, and the
applicability of such practice and
research, including strategies to
incorporate universal design for
learning, the effective use of
technology, instructional techniques,
strategies consistent with the
principles of universal design for
learning, and core competencies of
social and emotional learning, and
through positive behavioral
interventions and support strategies to
improve student achievement; and
``(ii) promoting strong teaching skills
and, as applicable, techniques for early
childhood educators to improve children's
cognitive, social, emotional, and physical
development.
``(B) Required activities.--The activities
described in subparagraph (A) shall include--
``(i) implementing teacher preparation
program curriculum changes that improve,
evaluate, and assess how well all prospective
and new teachers develop teaching skills;
``(ii) using evidence-based research, where
applicable, about teaching and learning so that
all prospective teachers and, as applicable,
early childhood educators--
``(I) understand and can implement
evidence-based teaching practices in
classroom instruction;
``(II) have knowledge of the
scientific basis of how students learn,
including the skills to recognize and
evaluate student social and emotional
competencies and needs;
``(III) possess skills to analyze
student academic achievement data and
other measures of student learning, and
use such data and measures to improve
classroom instruction and student
engagement;
``(IV) possess teaching skills and
an understanding of effective
instructional strategies across all
applicable content areas that enable
general education and special education
teachers and early childhood educators
to--
``(aa) meet the specific
social and emotional learning
and academic needs of all
students, including students
with disabilities, students who
are English learners, students
who are gifted and talented,
students with low literacy
levels and, as applicable,
children in early childhood
education programs;
``(bb) differentiate
instruction for such students;
and
``(cc) use culturally
relevant pedagogy and
curricular materials;
``(V) can effectively participate
as a member of the individualized
education program team, as defined in
section 614(d)(1)(B) of the Individuals
with Disabilities Education Act;
``(VI) possess the skills to meet
the academic, social, and emotional
needs of students and create inclusive
and culturally responsive learning
environments; and
``(VII) can successfully employ
effective strategies for comprehensive
literacy instruction (as defined in
section 2221(b) of the Elementary and
Secondary Education Act of 1965);
``(iii) ensuring collaboration with
departments, programs, or units of a partner
institution outside of the teacher preparation
program in all academic content areas, as
appropriate, to ensure that prospective
teachers receive training in both teaching and
relevant content areas in order to meet the
applicable State requirements to becoming fully
certified or licensed as described in section
200(b)(2)(A) and become profession-ready, or
with regard to special education teachers, meet
the qualifications described in section
612(a)(14)(C) of the Individuals with
Disabilities Education Act, which may include
training in multiple subjects to teach multiple
grade levels as may be needed for individuals
preparing to teach in rural communities and for
individuals preparing to teach students with
disabilities;
``(iv) developing admissions goals and
priorities aligned with the hiring objectives
of the high-need local educational agency in
the eligible partnership, which may include
consideration of applicants who reflect the
communities in which they will teach as well as
consideration of individuals from
underrepresented populations in the teaching
profession;
``(v) implementing program and curriculum
changes, as applicable, to ensure that
prospective teachers have the requisite content
knowledge, preparation, and degree to teach
Advanced Placement or International
Baccalaureate courses successfully; and
``(vi) embedding social and emotional
competencies into the program and curriculum,
as applicable, to ensure that new and
prospective teachers have the requisite content
knowledge and skills.
``(2) Clinical experience and interaction.--Developing or
improving a sustained preservice clinical education program to
further develop the teaching skills of all prospective teachers
and, as applicable, early childhood educators, involved in the
program. Such program shall do the following:
``(A) Incorporate year-long opportunities for
enrichment, including--
``(i) clinical learning in classrooms in
high-need schools served by the high-need local
educational agency in the eligible partnership,
and identified by the eligible partnership; and
``(ii) closely supervised interaction
between prospective teachers and faculty,
experienced teachers, principals, other
administrators, and school leaders at early
childhood education programs (as applicable),
elementary schools, or secondary schools, and
providing support for such interaction.
``(B) Integrate pedagogy and classroom practice and
promote effective teaching skills in academic content
areas.
``(C) Provide teacher mentoring.
``(D) Be offered over the course of a program of
teacher preparation.
``(E) Be tightly aligned with course work (and may
be developed as a fifth year of a teacher preparation
program).
``(F) Where feasible, allow prospective teachers to
learn to teach in the same local educational agency in
which the teachers will work, learning the
instructional initiatives and curriculum of that local
educational agency.
``(G) As applicable, provide training and
experience to enhance the teaching skills of
prospective teachers to better prepare such teachers to
meet the unique needs of teaching in rural or urban
communities.
``(H) Provide support and training for individuals
participating in an activity for prospective or new
teachers described in this paragraph or paragraph (1)
or (3), and for individuals who serve as mentors for
such teachers, based on each individual's experience.
Such support may include--
``(i) with respect to a prospective teacher
or a mentor, release time for such individual's
participation;
``(ii) with respect to a faculty member,
receiving course workload credit and
compensation for time teaching in the eligible
partnership's activities; and
``(iii) with respect to a mentor, a
stipend, which may include bonus, differential,
incentive, or performance pay, based on the
mentor's qualifications and responsibilities.
``(3) Induction programs for new teachers.--Creating an
induction program for new teachers or, in the case of an early
childhood education program, providing mentoring or coaching
for new early childhood educators.
``(4) Support and training for participants in early
childhood education programs.--In the case of an eligible
partnership focusing on early childhood educator preparation,
implementing initiatives that increase compensation for early
childhood educators who attain associate or baccalaureate
degrees in early childhood education.
``(5) Teacher recruitment.--Developing and implementing
effective mechanisms to ensure that the eligible partnership is
able to recruit qualified individuals, including individuals
from groups that are underrepresented in the education
profession, to become teachers who meet the applicable State
requirements to be fully certified or licensed as described in
section 200(b)(2)(A) and become profession-ready, and with
regard to special education teachers, meet the qualifications
described in section 612(a)(14)(C) of the Individuals with
Disabilities Education Act, through the activities of the
eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
``(A) individuals from underrepresented
populations;
``(B) individuals to teach in rural communities and
teacher shortage areas, including mathematics, science,
special education, career and technical education, and
the instruction of English learners; and
``(C) professionals from other occupations, former
military personnel, and recent college graduates with a
record of academic distinction.
``(6) Literacy training.--Strengthening the literacy
teaching skills of prospective and, as applicable, new
elementary school and secondary school teachers--
``(A) to implement comprehensive literacy
instruction programs (as defined in section 2221(b) of
the Elementary and Secondary Education Act of 1965);
``(B) to use screening, formative, diagnostic and
summative assessments to determine students' literacy
levels, difficulties, and growth in order to improve
classroom instruction and improve student reading and
writing skills;
``(C) to provide individualized, intensive, and
targeted literacy instruction for students with
deficiencies in literacy skills; and
``(D) to integrate literacy skills in the classroom
across subject areas.
``(e) Partnership Grants for Principal Preparation.--An eligible
partnership receiving a grant to carry out an effective program to
prepare profession-ready principals shall carry out a program that
includes the following:
``(1) Development of leadership skills with a demonstrated
impact on student and school success, including the ability to
create a continuous learning environment for teachers, staff,
and students.
``(2) Rigorous recruitment and selection criteria for
successful educators who have shown potential as leaders.
``(3) Program faculty with prior school leadership
experience and deep knowledge of effective leadership
practices.
``(4) Comprehensive clinical experiences that are linked to
coursework and help principal candidates address context-
specific problems and the needs of special population groups,
including students who are children with disabilities, English
learners, and students from economically disadvantaged
families.
``(5) Peer networks.
``(6) Mentoring, supervision, and evaluation of candidates
throughout the clinical experience.
``(7) Opportunities for ongoing professional learning and
coaching for practicing school leaders.
``(f) Partnership Grants for the Establishment of Teaching and
Principal Residency Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching or principal residency
program shall carry out a program that includes the following
activities:
``(A) For teaching residency programs.--An eligible
partnership carrying out a teaching residency program
shall carry out both of the following activities:
``(i) Supporting a teaching residency
program described in paragraph (2) for high-
need schools and in high-need subjects and
areas, as determined by the needs of the high-
need local educational agency in the
partnership.
``(ii) Placing graduates of the teaching
residency program in cohorts that facilitate
professional collaboration, both among
graduates of the residency program and between
such graduates and mentor teachers in the
receiving school.
``(B) For principal residency programs.--An
eligible partnership carrying out a principal residency
program shall support a program described in paragraph
(3) for high-need schools, as determined by the needs
of the high-need local educational agency in the
partnership.
``(2) Teacher residency programs.--
``(A) Establishment and design.--A teaching
residency program under this paragraph shall be a
program based upon models of successful teaching
residencies that serves as a mechanism to prepare
teachers for success in high-need schools in the
eligible partnership and shall be designed to include
the following characteristics of successful programs:
``(i) The integration of pedagogy,
classroom practice, and teacher mentoring.
``(ii) The exposure to principles of child
and youth development as well as understanding
and applying principles of learning and
behavior.
``(iii) Engagement of teaching residents in
rigorous graduate-level coursework to earn a
master's degree while undertaking supervised
clinical preparation.
``(iv) Experience and learning
opportunities alongside a trained and
experienced mentor teacher--
``(I) whose teaching shall
complement the residency program so
that school-based clinical practice is
tightly aligned with coursework;
``(II) who shall have extra
responsibilities as a teacher leader of
the teaching residency program, as a
mentor for residents, and as a teacher
coach during the induction program for
new teachers, and for establishing,
within the program, a learning
community in which all individuals are
expected to continually improve their
capacity to advance student learning;
and
``(III) who may be relieved from
teaching duties or may be offered a
stipend as a result of such additional
responsibilities.
``(v) The establishment of clear criteria
for the selection of mentor teachers based on
the appropriate grade level, subject area
knowledge, and measures of teacher
effectiveness, which--
``(I) shall be based on, but not
limited to, observations of--
``(aa) planning and
preparation, including
demonstrated knowledge of
content, pedagogy, and
assessment, including the use
of formative, summative, and
diagnostic assessments to
improve student learning;
``(bb) appropriate
instruction that engages all
students;
``(cc) collaboration with
colleagues to improve
instruction; and
``(dd) analysis of evidence
of student learning; and
``(II) may include criteria
regarding meeting nationally
recognized, standards-based advanced
certification requirements.
``(vi) The development of admissions goals
and priorities--
``(I) that are aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified graduates from
the teaching residency program; and
``(II) which may include
consideration of applicants who reflect
the communities in which they will
teach as well as consideration of
individuals from underrepresented
populations in the teaching profession.
``(vii) Support for residents once such
residents are hired as the teachers of record,
through an induction program, professional
development, and networking opportunities to
support the residents through not less than the
residents' first 2 years of teaching.
``(B) Selection of individuals as teacher
residents.--
``(i) Eligible individual.--In order to be
eligible to be a teacher resident in a teacher
residency program under this paragraph, an
individual shall--
``(I) be a recent graduate of a 4-
year institution of higher education,
an individual in the final year of an
undergraduate teacher preparation
program, or a professional possessing
strong content knowledge and a record
of professional accomplishment in
another field; and
``(II) submit an application to the
residency program.
``(ii) Selection criteria.--An eligible
partnership carrying out a teaching residency
program under this subsection shall establish
criteria for the selection of eligible
individuals to participate in the teaching
residency program based on the following
characteristics:
``(I) Strong content knowledge or
record of accomplishment in the field
or subject area to be taught.
``(II) Strong verbal and written
communication skills, which may be
demonstrated by performance on
appropriate assessments.
``(III) Other attributes linked to
effective teaching, which may be
determined by interviews or performance
assessments, as specified by the
eligible partnership.
``(3) Principal residency programs.--
``(A) Establishment and design.--A principal
residency program under this paragraph shall be a
program based on models of successful principal
residencies that serve as a mechanism to prepare
principals for success in high-need schools in the
eligible partnership and shall be designed to include
the following characteristics of successful programs:
``(i) Engagement of principal residents in
rigorous graduate-level coursework to earn an
appropriate advanced credential while
undertaking a guided principal apprenticeship.
``(ii) Experience and learning
opportunities alongside a trained and
experienced mentor principal--
``(I) whose mentoring shall be
based on standards of effective
mentoring practice and shall complement
the residency program so that school-
based clinical practice is tightly
aligned with coursework; and
``(II) who may be relieved from
some portion of principal duties or may
be offered a stipend as a result of
such additional responsibilities.
``(iii) The establishment of clear criteria
for the selection of mentor principals, which
may be based on observations of the following:
``(I) Demonstrating awareness of,
and having experience with, the
knowledge, skills, and attitudes to--
``(aa) establish and
maintain a professional
learning community that
effectively extracts
information from data to
improve the school culture and
personalize instruction for all
students to result in improved
student achievement;
``(bb) create and maintain
a learning culture within the
school that provides a climate
conducive to the development of
all members of the school
community, including one of
continuous learning for adults
tied to student learning and
other school goals;
``(cc) engage in continuous
professional development, using
a combination of academic
study, developmental simulation
exercises, self-reflection,
mentorship, and internship;
``(dd) understand child and
youth development appropriate
to the age level served by the
school, and use this knowledge
to set high expectations and
standards for the academic,
social, emotional, and physical
development of all students;
and
``(ee) actively engage the
community to create shared
responsibility for student
academic performance and
successful development.
``(II) Planning and articulating a
shared and coherent schoolwide
direction and policy for achieving high
standards of student performance.
``(III) Identifying and
implementing the activities and
rigorous curriculum necessary for
achieving such standards of student
performance.
``(IV) Supporting a culture of
learning, collaboration, and
professional behavior and ensuring
evidence-based instructional practice.
``(V) Communicating and engaging
parents, families, and other external
communities.
``(VI) Collecting, analyzing, and
utilizing data and other evidence of
student learning and evidence of
classroom practice to guide decisions
and actions for continuous improvement
and to ensure performance
accountability.
``(iv) The development of admissions goals
and priorities--
``(I) that are aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified graduates from
the principal residency program; and
``(II) which may include
consideration of applicants who reflect
the communities in which they will
serve as well as consideration of
individuals from underrepresented
populations in school leadership
positions.
``(v) Support for residents once such
residents are hired as principals, through an
induction program, professional development to
support the knowledge and skills of the
principal in a continuum of learning and
content expertise in developmentally
appropriate or age-appropriate educational
practices, and networking opportunities to
support the residents through not less than the
residents' first 2 years of serving as
principal of a school.
``(B) Selection of individuals as principal
residents.--
``(i) Eligible individual.--In order to be
eligible to be a principal resident in a
principal residency program under this
paragraph, an individual shall--
``(I) have prior experience
teaching prekindergarten through grade
12;
``(II) have experience as an
effective leader, manager, and written
and oral communicator; and
``(III) submit an application to
the residency program.
``(ii) Selection criteria.--An eligible
partnership carrying out a principal residency
program under this subsection shall establish
criteria for the selection of eligible
individuals to participate in the principal
residency program based on the following
characteristics:
``(I) Strong instructional
leadership skills in an elementary
school or secondary school setting.
``(II) Strong verbal and written
communication skills, which may be
demonstrated by performance on
appropriate assessments.
``(III) Other attributes linked to
effective leadership, such as sound
judgment, organizational capacity,
collaboration, and openness to
continuous learning, which may be
determined by interviews or performance
assessment, as specified by the
eligible partnership.
``(4) Stipends or salaries; applications; agreements;
repayments.--
``(A) Stipends or salaries.--A teaching or
principal residency program under this subsection--
``(i) shall provide a 1-year living stipend
or salary to teaching or principal residents
during the 1-year teaching or principal
residency program; and
``(ii) may provide a stipend to a mentor
teacher or mentor principal.
``(B) Applications for stipends or salaries.--Each
teacher or principal residency candidate desiring a
stipend or salary during the period of residency shall
submit an application to the eligible partnership at
such time, and containing such information and
assurances, as the eligible partnership may require.
``(C) Agreements to serve.--Each application
submitted under subparagraph (B) shall contain or be
accompanied by an agreement that the applicant will--
``(i) serve as a full-time teacher or
principal for a total of not less than 3
academic years immediately after successfully
completing the 1-year teaching or principal
residency program;
``(ii) fulfill the requirement under clause
(i)--
``(I) by teaching or serving as a
principal in a high-need school served
by the high-need local educational
agency in the eligible partnership and,
if a teacher, teaching a subject or
area that is designated as high-need by
the partnership; or
``(II) if there is no appropriate
position available in a high-need
school served by the high-need local
educational agency in the eligible
partnership, by teaching or serving as
a principal in any other high-need
school;
``(iii) provide to the eligible partnership
a certificate, from the chief administrative
officer of the local educational agency in
which the resident is employed, of the
employment required under clauses (i) and (ii)
at the beginning of, and on completion of, each
year or partial year of service;
``(iv) for teacher residents, meet the
requirements to be a profession-ready teacher;
``(v) for principal residents, meet the
requirements to be a profession-ready
principal;
``(vi) for other educators, complete the
preparation program and become fully certified
in the State where the educator is employed;
and
``(vii) comply with the requirements set by
the eligible partnership under subparagraph (D)
if the applicant is unable or unwilling to
complete the service obligation required by
this subparagraph.
``(D) Repayments.--
``(i) In general.--An eligible partnership
carrying out a teaching or principal residency
program under this subsection shall require a
recipient of a stipend or salary under
subparagraph (A) who does not complete, or who
notifies the partnership that the recipient
intends not to complete, the service obligation
required by subparagraph (C) to repay such
stipend or salary to the eligible partnership
(except that such repayment shall not include
interest) in accordance with such other terms
and conditions specified by the eligible
partnership, as necessary.
``(ii) Other terms and conditions.--Any
other terms and conditions specified by the
eligible partnership may include reasonable
provisions for prorated repayment of the
stipend or salary described in subparagraph (A)
or for deferral of a teaching resident's
service obligation required by subparagraph
(C), on grounds of health, incapacitation,
inability to secure employment in a school
served by the eligible partnership, being
called to active duty in the Armed Forces of
the United States, or other extraordinary
circumstances.
``(iii) Use of repayments.--An eligible
partnership shall use any repayment received
under this subparagraph to carry out additional
activities that are consistent with the
purposes of this section.
``(g) Partnership Grants for Educator Development.--An eligible
partnership that receives a grant under this section may carry out
effective educator development programs for other educators besides
teachers and principals based on the needs identified in subsection
(b)(1) that may include the following activities:
``(1) Implementing curriculum changes that improve,
evaluate, and assess how well prospective and new educators
develop instructional skills.
``(2) Preparing educators to use evidence-based research,
where applicable.
``(3) Providing pre-service clinical experience.
``(4) Creating induction programs for new educators.
``(5) Aligning recruitment and admissions goals and
priorities with the hiring objectives of the high-need local
educational agency in the eligible partnership.
``(6) Professional development and training for mentor
educators.
``(h) Evaluation and Reporting.--The Secretary shall--
``(1) evaluate the programs assisted under this section;
and
``(2) make publicly available a report detailing the
Secretary's evaluation of each such program.
``(i) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities carried out under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation as described in paragraph (1), regular
communication shall occur among all members of the eligible
partnership, including the high-need local educational agency.
Such communication shall continue throughout the implementation
of the grant and the assessment of programs and activities
under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities under this section only if the eligible
partnership submits to the Secretary a written consent to such
changes signed by all members of the eligible partnership.
``(j) Construction.--Nothing in this section shall be construed to
prohibit an eligible partnership from using grant funds to coordinate
with the activities of eligible partnerships in other States or on a
regional basis through Governors, State boards of education, State
educational agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for higher
education.
``(k) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``(l) Continuation of Awards.--Notwithstanding any other provision
of law, from funds appropriated to carry out this part, the Secretary
shall continue to fund any multiyear grant awarded under this part (as
such provisions were in effect on the day before the date of enactment
of the EDUCATORS for America Act), for the duration of such multiyear
grant in accordance with its terms.
``SEC. 223. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--A grant awarded under this subpart shall
be awarded for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period, except that
such partnership may receive an additional grant during such
period if such grant is used to establish a teacher or
principal residency program if such residency program was not
established with the prior grant. Nothing in this part shall be
construed to prohibit an individual member, that can
demonstrate need, of an eligible partnership that receives a
grant under this title from entering into another eligible
partnership consisting of new members and receiving a grant
with such other eligible partnership before the 5-year period
described in the preceding sentence applicable to the eligible
partnership with which the individual member has first
partnered has expired.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this subpart to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding or
for disapproval.
``(2) Priority.--The Secretary, in funding applications
under this subpart, shall give priority--
``(A) to eligible partnerships that include an
institution of higher education whose teacher education
program or educator development program has a rigorous
selection process and demonstrated success in having a
diverse set of candidates complete the program, and
enter and remain in the profession; and
``(B)(i) to applications from broad-based eligible
partnerships that involve businesses and community
organizations; or
``(ii) to eligible partnerships so that the awards
promote an equitable geographic distribution of grants
among rural and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which applications
shall receive funding and the amounts of the grants. In
determining grant amounts, the Secretary shall take into
account the total amount of funds available for all grants
under this subpart and the types of activities proposed to be
carried out by the eligible partnership.
``(c) Matching Requirements.--
``(1) In general.--Each eligible partnership receiving a
grant under this subpart shall provide, from non-Federal
sources, an amount equal to 100 percent of the amount of the
grant, which may be provided in cash or in-kind, to carry out
the activities supported by the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible partnership if the Secretary determines
that applying the matching requirement to the eligible
partnership would result in serious hardship or an inability to
carry out the authorized activities described in this subpart.
``(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this subpart may use not more
than 2 percent of the funds provided to administer the grant.
``SEC. 224. ACCOUNTABILITY AND EVALUATION.
``(a) Eligible Partnership Evaluation.--Each eligible partnership
submitting an application for a grant under this subpart shall
establish, and include in such application, an evaluation plan that
includes strong and measurable performance objectives. The plan shall
include objectives and measures for--
``(1) program completion rates;
``(2) achievement for all prospective and new educators as
measured by the eligible partnership;
``(3) educator retention in the first 3 years;
``(4) pass rates for initial State certification or
licensure of teachers or pass rates on valid and reliable
teacher performance assessments;
``(5) the percentage of profession-ready teachers,
principals, and other educators--
``(A) hired by the high-need local educational
agency or schools participating in the eligible
partnership; and
``(B) hired by the high-need local educational
agency or schools participating in the eligible
partnership who are members of underrepresented groups;
``(6) the percentage of profession-ready teachers hired by
the high-need local educational agency or schools participating
in the eligible partnership--
``(A) who teach high-need academic subject areas
(such as reading, mathematics, science, and foreign
languages, including less commonly taught languages and
critical foreign languages); and
``(B) who teach in high-need areas (including
special education, bilingual education, language
instruction educational programs for English learners,
and early childhood education);
``(7) the percentage of profession-ready teachers and other
educators hired by the high-need local educational agency who
work in high-need schools, disaggregated by the elementary
school and secondary school levels;
``(8) as applicable, the percentage of early childhood
education program classes in the geographic area served by the
eligible partnership taught by early childhood educators who
are highly competent; and
``(9) as applicable, the percentage of educators hired by
the high-need local educational agency or schools participating
in the eligible partnership that are trained to--
``(A) integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning; and
``(B) use technology effectively to collect,
manage, and analyze data to improve teaching and
learning for the purpose of improving student learning
outcomes.
``(b) Information.--An eligible partnership receiving a grant under
this subpart shall ensure that teachers, principals, school
superintendents, faculty, and leadership at institutions of higher
education located in the geographic areas served by the eligible
partnership are provided information, including through electronic
means, about the activities carried out with funds under this subpart.
``(c) Revised Application.--If the Secretary determines that an
eligible partnership receiving a grant under this subpart is not making
substantial progress in meeting the purposes, goals, objectives, and
measures of the grant, as appropriate, by the end of the third year of
the grant the Secretary--
``(1) shall cancel the grant; and
``(2) may use any funds returned or available because of
such cancellation under paragraph (1) to--
``(A) increase other grant awards under this
subpart; or
``(B) award new grants to other eligible
partnerships under this subpart.
``(d) Evaluation and Dissemination.--The Secretary shall evaluate
the activities funded under this subpart and report the findings
regarding the evaluation of such activities to the authorizing
committees. The Secretary shall broadly disseminate--
``(1) successful practices developed by eligible
partnerships under this subpart; and
``(2) information regarding such practices that were found
to be ineffective.
``Subpart 2--Grants to Support Recruitment of New Educators and
Diversity in the Profession
``SEC. 231. HONORABLE AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
``(a) Purpose.--The purpose of this subpart is to strengthen and
expand the recruitment, training, and retention of candidates into the
teaching profession who are from underrepresented groups in such
profession.
``(b) Eligible Institution Defined.--In this subpart, the term
`eligible institution' means an institution of higher education that
has a teacher or school leader preparation program that is accredited
by the State and that is--
``(1) a part B institution (as defined in section 322);
``(2) a Hispanic-serving institution (as defined in section
502);
``(3) a Tribal college or university (as defined in section
316);
``(4) an Alaska Native-serving institution (as defined in
section 317(b));
``(5) a Native Hawaiian-serving institution (as defined in
section 317(b));
``(6) a Predominantly Black Institution (as defined in
section 318);
``(7) an Asian-American and Native American Pacific
Islander-serving institution (as defined in section 320(b));
``(8) a Native American-serving, nontribal institution (as
defined in section 319);
``(9) a consortium of any of the institutions described in
paragraphs (1) through (8); or
``(10) an institution of higher education in partnership
with an institution described in paragraph (1) through (8),
provided that an institution described in paragraph (1) through
(8) is the lead entity in the partnership.
``(c) Augustus F. Hawkins Centers of Excellence.--
``(1) Program authorized.--From the amounts provided to
carry out this subpart, the Secretary shall award grants, on a
competitive basis, to eligible institutions to establish
centers of excellence.
``(2) Use of funds.--An eligible institution shall use a
grant received under this subpart to ensure that programs
offered at a center of excellence established by such
institution prepare current and future teachers or school
leaders to be profession-ready, and meet the applicable State
certification and licensure requirements, including any
requirements for certification obtained through alternative
routes to certification, or, with regard to special education
teachers, the qualifications described in section 612(a)(14) of
the Individuals with Disabilities Education Act (20 U.S.C.
1412(a)(14)(C)), by carrying out one or more of the following
activities:
``(A) Implementing reforms within teacher or school
leader preparation programs, which may include such
preparation programs that prepare teachers or school
leaders for early childhood education programs, to
ensure that such programs are preparing teachers or
school leaders who meet such applicable State
certification and licensure requirements or
qualifications, and are using evidence-based
instructional practices to improve student academic
achievement, by--
``(i) retraining or recruiting faculty; and
``(ii) designing (or redesigning) teacher
or school leader preparation programs that--
``(I) prepare teachers or school
leaders to serve in under-resourced
schools and close student achievement
gaps, and that are based on rigorous
academic content, evidence-based
research, and challenging State
academic standards as described in
section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)); and
``(II) promote effective teaching
skills.
``(B) Providing sustained and high-quality
preservice clinical experience, including the mentoring
of prospective teachers by teacher leaders,
substantially increasing interaction between faculty at
institutions of higher education and new and
experienced teachers, principals, school leaders, and
other administrators at elementary schools or secondary
schools, and providing support, including preparation
time, for such interaction.
``(C) Developing and implementing initiatives to
promote retention of teachers who meet such applicable
State certification and licensure requirements or
qualifications, and principals and other school
leaders, including teachers of color, principals and
other school leaders, including programs that provide--
``(i) teacher or principal and other school
leader mentoring; and
``(ii) induction and support for teachers
and principals and other school leaders during
their first three years of employment as
teachers, principals, or other school leaders,
respectively.
``(D) Awarding scholarships based on financial need
to help students pay the costs of tuition, room, board,
and other expenses of completing a teacher or other
school leader preparation program, not to exceed the
cost of attendance as defined in section 472.
``(E) Disseminating information on effective
practices for teacher or other school leader
preparation and successful teacher or other school
leader certification and licensure assessment
preparation strategies.
``(F) Activities authorized under section 222.
``(3) Application.--Any eligible institution desiring a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(4) Limitation on administrative expenses.--An eligible
institution that receives a grant under this subpart may use
not more than 2 percent of the grant funds to administer the
grant.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subpart.
``SEC. 232. RECRUITMENT AND COMPLETION GRANTS.
``(a) In General.--From amounts appropriated under section 221, the
Secretary may award grants to institutions of higher education that
have educator preparation programs in order to allow those programs to
support the needs of populations that are underrepresented in the field
of education, including first generation college students and students
with disabilities, to ensure completion of the educator preparation
program and entrance into the profession.
``(b) Uses of Funds.--An institution of higher education receiving
a grant under this section may use grant funds to support students
described in subsection (a) who are enrolled in educator preparation
programs by providing services such as--
``(1) childcare for such enrolled students;
``(2) cohort support;
``(3) programs that provide pathways from community
colleges to baccalaureate programs in the field of education;
and
``(4) programs that pay for certification or licensure
exams, including re-taking of exams as necessary and the
additional preparation to ensure passage of the exams.
``SEC. 233. PIPELINES INTO EDUCATOR PREPARATION.
``(a) Education Careers Opportunity Program.--
``(1) Authority for grants.--The Secretary may make grants
to partner institutions or eligible partnerships to assist
those institutions or partnerships in carrying out the
activities described in paragraph (2) in order to assist
individuals from underrepresented backgrounds, as determined in
accordance with criteria prescribed by the Secretary, to
undertake education to become an educator.
``(2) Authorized expenditures.--A partner institution or
eligible partnership may use grant funds under this section to
carry out one or more of the following:
``(A) Identifying, recruiting, and selecting
individuals from underrepresented backgrounds for
education and training as an educator.
``(B) Facilitating the entry of such individuals
into an educator preparation program.
``(C) Providing counseling, mentoring, or other
services designed to assist such individuals in
successfully completing an educator preparation
program.
``(D) Providing, for a period prior to the entry of
such individuals into the regular course of education
of an educator preparation program, preliminary
education designed to assist them in successfully
completing such regular course of education in such
program, or referring such individuals to institutions
providing such preliminary education.
``(E) Publicizing existing sources of financial aid
available to students in the educator preparation
program or who are undertaking education necessary to
qualify them to enroll in such a program.
``(F) Paying such scholarships as the Secretary may
determine for such individuals for any period of an
educator preparation program.
``(G) Paying such stipends as the Secretary may
approve for such individuals for any period of
education in student-enhancement programs (other than
regular courses), except that--
``(i) such a stipend may not be provided to
an individual for more than 12 months; and
``(ii) notwithstanding any other provision
of law regarding the amount of stipends, such a
stipend shall be in an amount determined
appropriate by the Secretary.
``(H) Carrying out programs under which such
individuals gain experience regarding a career as an
educator through working at an elementary or secondary
school.
``(I) Conducting activities to develop a larger and
more competitive applicant pool for the relevant
teacher preparation program and for local educational
agencies and schools through partnerships with
institutions of higher education, local educational
agencies, and other community-based entities.
``(3) Definition.--In this section, the term `regular
course of education in such program' includes a graduate
program in education.
``(4) Matching requirements.--The Secretary may require
that a partner institution or eligible partnership that applies
for a grant under this subsection, provide non-Federal matching
funds, as appropriate, to ensure the institutional commitment
of the entity to the projects funded under the grant. As
determined by the Secretary, such non-Federal matching funds
may be provided directly or through donations from public or
private entities and may be in cash or in-kind, fairly
evaluated, including plant, equipment, or services.
``Subpart 3--Capacity Building Grants
``SEC. 241. SCHOOL LEADER PROFESSIONAL DEVELOPMENT.
``From amounts appropriated under section 221, the Secretary may
award grants to institutions of higher education that have educator
preparation programs for school leaders in order to allow those
programs to develop and support school leaders in one or more of the
following areas:
``(1) Culturally and linguistically responsive practices.
``(2) Universal design for learning.
``(3) Social and emotional learning.
``(4) Trauma-informed instruction.
``(5) Strengthening knowledge of child and youth
development.
``(6) Creating a safe school environment to minimize and
respond to violence in schools.
``(7) Creating an inclusive school for educators, staff,
and students, including through restorative justice training.
``(8) Response to intervention and non-exclusionary,
positive behavioral interventions and supports (including
eliminating the use of adverse interventions such as seclusion
and restraints).
``(9) Differentiated and data-driven instruction,
including--
``(A) the use of data to identify and address
disparities in academic achievement, academic
opportunities (including advanced coursework, dual
enrollment, and career and technical education), and
disciplinary rates among student subgroups; and
``(B) determining and using accommodations for
instruction and assessments for students with
disabilities and English learners.
``(10) Evidence-based anti-bias training.
``(11) Effective and equitable use of technology for
digital and blended learning (including the appropriate use of
technology and assistive technology for students with
disabilities).
``(12) Effective strategies to engage and collaborate with
stakeholders to advance the learning of all students (including
parents and families, other educational professionals, out-of-
school time providers, and community members).
``(13) Other evidence-based strategies and practices that
advance the academic achievement of all students, including
students of color, English learners, students from low-income
families, and students with disabilities.
``SEC. 242. FACULTY PROFESSIONAL DEVELOPMENT AND TRAINING.
``The Secretary may award grants to institutions of higher
education that have educator preparation programs in order to allow
those programs to develop and support faculty in a college, school, or
department of education in--
``(1) culturally responsive pedagogy;
``(2) trauma-informed instruction;
``(3) creating an inclusive climate for faculty, staff, and
students, including restorative justice training; and
``(4) strengthening knowledge of child and youth
development.
``SEC. 243. RESILIENCY GRANTS.
``(a) In General.--The Secretary may award grants, on a competitive
basis, to institutions of higher education that have educator
preparation programs, to enable those programs to carry out the
activities described in subsection (b) or (c). Such grants shall be
known as `Resiliency Grants'.
``(b) Technology.--An educator preparation program that receives a
Resiliency Grant for technology shall use grant funds to--
``(1) support the preparation of profession-ready educators
by expanding the use of technology in pre-service clinical and
field experiences of students enrolled in educator preparation
programs;
``(2) expand the use of technology for the in-class
instruction of students in educator preparation programs;
``(3) conduct research on and analysis of technological
tools in classroom settings;
``(4) ensure that technology is used in an equitable manner
to enhance the learning and opportunities of students; and
``(5) ensure that educators are prepared to support the
continuity of instruction in the event of national or local
emergencies that disrupt in-person schooling.
``(c) Educator Workforce Partnerships.--
``(1) In general.--An educator preparation program that
receives a Resiliency Grant for educator workforce partnerships
shall use grant funds to facilitate partnerships between the
educator preparation program and at least one eligible entity
in order to address shortages in certain subject matter fields
in schools documented by the State educational agency where the
educator preparation program is authorized to operate, by--
``(A) expanding pathways for individuals to become
profession-ready educators;
``(B) expanding pathways for currently practicing
educators to earn supplemental credentials or licenses,
which may include--
``(i) certification in shortage areas or
fields as identified by a State or local
educational agency; or
``(ii) nationally recognized, standards-
based advanced certification; or
``(C) ensuring that schools have adequate staffing
to provide continuity of instruction in the event of
national or local emergencies that disrupt in-person
schooling.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means--
``(A) a local educational agency;
``(B) a 2-year institution of higher education,
which may include a community college; or
``(C) a 4-year institution of higher education.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall prioritize proposals that create degree
pathways for the purpose of increasing the number of
individuals from groups that have been historically
underrepresented in the field of education who pursue and
attain profession-ready educator credentials.
``SEC. 244. DOCTORAL FELLOWSHIPS TO PREPARE AND DIVERSIFY FACULTY IN
HIGH-NEED AREAS AT COLLEGES OF EDUCATION.
``(a) Grants by Secretary.--The Secretary may make grants to
eligible institutions to enable such institutions to make doctoral
fellowship awards to qualified individuals in accordance with this
section.
``(b) Eligible Institutions.--In this section, the term `eligible
institution' means an institution of higher education that offers a
program of postbaccalaureate study leading to a doctoral degree.
``(c) Applications.--An eligible institution that desires a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(d) Types of Fellowships Supported.--
``(1) In general.--An eligible institution that receives a
grant under this section shall use the grant funds to provide
doctoral fellowships to individuals who are preparing for the
professorate, including individuals from groups that are
underrepresented in the field of education.
``(2) Types of study.--A doctoral fellowship provided under
this section shall support an individual in pursuing
postbaccalaureate study, which leads to a doctoral degree and
may include a master's degree as part of such study, related to
teacher preparation and pedagogy in one of the following areas:
``(A) Science, technology, engineering, or
mathematics, if the individual has completed a master's
degree in mathematics or science and is pursuing a
doctoral degree in mathematics, science, or education.
``(B) Special or exceptional student education.
``(C) The instruction of English learners,
including postbaccalaureate study in language
instruction educational programs.
``(e) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--The Secretary shall ensure
that an eligible institution that receives a grant under this
section--
``(A) shall provide doctoral fellowship awards to
individuals who plan to pursue a career in instruction
at an institution of higher education that has a
teacher preparation program;
``(B) in providing fellowship awards under this
section, shall give priority to individuals who are
from groups that are underrepresented in the higher
education professoriate, including people of color, and
people with disabilities; and
``(C) may not provide a doctoral fellowship to an
otherwise eligible individual--
``(i) during periods in which such
individual is enrolled at an institution of
higher education unless such individual is
maintaining satisfactory academic progress in,
and devoting full-time study or research to,
the pursuit of the degree for which the
fellowship support was provided; or
``(ii) if the individual is engaged in
gainful employment, other than part-time
employment related to teaching, research, or a
similar activity determined by the institution
to be consistent with and supportive of the
individual's progress toward the degree for
which the fellowship support was provided.
``(2) Amount of fellowship awards.--
``(A) In general.--An eligible institution that
receives a grant under this section shall award
stipends to individuals who are provided graduate
fellowships under this section.
``(B) Awards based on need.--A stipend provided
under this section shall be in an amount equal to the
level of support provided by the National Science
Foundation graduate fellowships, except that such
stipend shall be adjusted as necessary so as not to
exceed the fellowship recipient's demonstrated need, as
determined by the institution of higher education where
the fellowship recipient is enrolled.
``(3) Service requirement.--
``(A) Teaching required.--Each individual who
receives a doctoral fellowship under this section shall
teach for one year at an institution of higher
education that has a teacher preparation program or a
teacher or school leader residency or induction program
for each year of fellowship support received under this
section.
``(B) Institutional obligation.--Each eligible
institution that receives a grant under this section
shall provide an assurance to the Secretary that the
institution has inquired of and determined the decision
of each individual who has received a graduate
fellowship to begin employment, within three years of
receiving a doctoral degree, at an institution of
higher education that has a teacher preparation
program, as required by this section.
``(C) Agreement required.--Prior to receiving an
initial graduate fellowship award, and upon the annual
renewal of the graduate fellowship award, an individual
selected to receive a graduate fellowship under this
section shall sign an agreement with the Secretary
agreeing to pursue a career in instruction at an
institution of higher education that has a teacher
preparation program in accordance with subparagraph
(A).
``(D) Failure to comply.--If an individual who
receives a graduate fellowship award under this section
fails to comply with the agreement signed pursuant to
subparagraph (C), the sum of the amounts of any
graduate fellowship award received by such recipient
shall, upon a determination of such a failure, be
treated as a Federal Direct Unsubsidized Stafford Loan
under part D of title IV, and shall be subject to
repayment (except that such loan shall have an interest
rate of 0 percent) in accordance with terms and
conditions specified by the Secretary in regulations
under this subpart.
``(E) Modified service requirement.--The Secretary
may waive or modify the service requirement of this
paragraph in accordance with regulations promulgated by
the Secretary with respect to the criteria to determine
the circumstances under which compliance with such
service requirement is inequitable or represents a
substantial hardship. The Secretary may waive the
service requirement if compliance by the fellowship
recipient is determined to be inequitable or represent
a substantial hardship--
``(i) because the individual is permanently
and totally disabled at the time of the waiver
request; or
``(ii) based on documentation presented to
the Secretary of substantial economic or
personal hardship.
``(f) Institutional Support for Fellows.--An eligible institution
that receives a grant under this section may reserve not more than ten
percent of the grant amount for academic and career transition support
for graduate fellowship recipients and for meeting the institutional
obligation described in subsection (e)(3)(B).
``(g) Restriction on Use of Funds.--An eligible institution that
receives a grant under this section may not use grant funds for general
operational overhead of the institution.
``PART C--NATIONAL ACTIVITIES
``SEC. 251. NATIONAL ACTIVITIES.
``(a) In General.--The Secretary shall establish a Center for
Educator Preparation to provide technical assistance relating to
educator preparation and to support research and demonstration
activities.
``(b) National Evaluation of Educator Quality Enhancement.--
``(1) Interim evaluation.--Not later than 3 years after the
date of enactment of the EDUCATORS for America Act, the
Secretary shall submit to Congress and make publicly available
an interim report containing an evaluation of the effectiveness
of the activities funded under this title in achieving the
purposes of this title.
``(2) Final evaluation.--Not later than 6 years after the
date of enactment of the EDUCATORS for America Act, the
Secretary shall submit to Congress and make publicly available
an interim report containing an evaluation of the effectiveness
of the activities funded under this title in achieving the
purposes of this title.
``PART D--GENERAL PROVISIONS
``SEC. 261. LIMITATIONS.
``(a) Federal Control Prohibited.--Nothing in this title shall be
construed to permit, allow, encourage, or authorize any Federal control
over any aspect of any private, religious, or home school, whether or
not a home school is treated as a private school or home school under
State law. This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or services
under this title.
``(b) No Change in State Control Encouraged or Required.--Nothing
in this title shall be construed to encourage or require any change in
a State's treatment of any private, religious, or home school, whether
or not a home school is treated as a private school or home school
under State law.
``(c) National System of Teacher Certification or Licensure
Prohibited.--Nothing in this title shall be construed to permit, allow,
encourage, or authorize the Secretary to establish or support any
national system of teacher certification or licensure.
``(d) Rule of Construction.--Nothing in this title shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded to the employees of local educational agencies
under Federal, State, or local laws (including applicable regulations
or court orders) or under the terms of collective bargaining
agreements, memoranda of understanding, or other agreements between
such employees and their employers.''.
SEC. 4. COST OF ATTENDANCE.
(a) In General.--Section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll) is amended--
(1) by redesignating paragraphs (12) and (13) as paragraphs
(13) and (14), respectively; and
(2) by inserting after paragraph (11) the following:
``(12) for a student enrolled in an educator preparation
program, reasonable costs associated with clinical experiences
related to that program;''.
(b) FAFSA Simplification.--Section 472 of the Higher Education Act
of 1965 (20 U.S.C. 1087ll), as amended by title VII of division FF of
the FAFSA Simplification Act (Public Law 116-260), is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (13) and (14) as
paragraphs (14) and (15), respectively; and
(B) by inserting after paragraph (12) the
following:
``(13) for a student enrolled in an educator preparation
program, reasonable costs associated with clinical experiences
related to that program;''; and
(2) in subsection (c), by striking ``paragraphs (1) through
(14)'' and inserting ``paragraphs (1) through (15)''.
SEC. 5. TEACH GRANTS.
Subpart 9 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070g et seq.) is amended to read as follows:
``Subpart 9--Teach Grants
``SEC. 420L. DEFINITIONS.
``For the purposes of this subpart:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education, as
defined in section 102, that the Secretary determines--
``(A) provides teacher preparation and professional
development services, including extensive clinical
experience as a part of pre-service preparation;
``(B) is financially responsible and is not subject
to heightened cash monitoring or provisional
certification;
``(C) provides pedagogical course work, or
assistance in the provision of such coursework,
including the monitoring of student performance, and
formal instruction related to the theory and practices
of teaching; and
``(D) provides supervision and support services to
teachers, or assistance in the provision of such
services, including mentoring focused on developing
effective teaching skills and strategies.
``(2) Post-baccalaureate.--The term `post-baccalaureate'
means a program of instruction for individuals who have
completed a baccalaureate degree, that does not lead to a
graduate degree, and that consists of courses required by a
State in order for a teacher candidate to receive a
professional certification or licensing credential that is
required for employment as a teacher in an elementary school or
secondary school in that State, except that such term shall not
include any program of instruction offered by an eligible
institution that offers a baccalaureate degree in education.
``(3) Teacher candidate.--The term `teacher candidate'
means a student or teacher described in subparagraph (A) or (B)
of section 420N(a)(2).
``SEC. 420M. PROGRAM ESTABLISHED.
``(a) Program Authority.--
``(1) Payments required.--The Secretary shall pay to each
eligible institution such sums as may be necessary to pay to
each teacher candidate who files an application and agreement
in accordance with section 420N, and who qualifies under
paragraph (2) of section 420N(a), a TEACH Grant in the amount
of $8,000 for each year during which that teacher candidate is
in attendance at the institution.
``(2) References.--Grants made under paragraph (1) shall be
known as `Teacher Education Assistance for College and Higher
Education Grants' or `TEACH Grants'.
``(b) Payment Methodology.--
``(1) Prepayment.--Not less than 85 percent of any funds
provided to an eligible institution under subsection (a) shall
be advanced to the eligible institution prior to the start of
each payment period and shall be based on an amount requested
by the institution as needed to pay teacher candidates until
such time as the Secretary determines and publishes in the
Federal Register with an opportunity for comment, an
alternative payment system that provides payments to
institutions in an accurate and timely manner, except that this
sentence shall not be construed to limit the authority of the
Secretary to place an institution on a reimbursement system of
payment.
``(2) Direct payment.--Nothing in this section shall be
interpreted to prohibit the Secretary from paying directly to
teacher candidates, in advance of the beginning of the academic
term, an amount for which teacher candidates are eligible, in
cases in which the eligible institution elects not to
participate in the disbursement system required by paragraph
(1).
``(3) Distribution of grants to teacher candidates.--
Payments under this subpart shall be made, in accordance with
regulations promulgated by the Secretary for such purpose, in
such manner as will best accomplish the purposes of this
subpart. Any disbursement allowed to be made by crediting the
teacher candidate's account shall be used for the full cost of
attendance (as defined in section 472).
``(c) Reductions in Amount.--
``(1) Part-time students.--In any case in which a teacher
candidate attends an eligible institution on less than a full-
time basis (including a teacher candidate who attends an
eligible institution on less than a half-time basis) during any
year, the amount of a grant under this subpart for which that
teacher candidate is eligible shall be reduced in proportion to
the degree to which that teacher candidate is not attending on
a full-time basis, in accordance with a schedule of reductions
established by the Secretary for the purposes of this subpart,
computed in accordance with this subpart. Such schedule of
reductions shall be established by regulation and published in
the Federal Register in accordance with section 482 of this
Act.
``(2) No exceeding cost.--The amount of a grant awarded
under this subpart, in combination with Federal assistance and
other assistance the student may receive, shall not exceed the
cost of attendance (as defined in section 472) at the eligible
institution at which that teacher candidate is in attendance.
``(d) Period of Eligibility for Grants.--
``(1) Undergraduate and post-baccalaureate students.--The
period during which an undergraduate or post-baccalaureate
student may receive grants under this subpart shall be the
period required for the completion of the first undergraduate
baccalaureate or post-baccalaureate course of study being
pursued by the teacher candidate at the eligible institution at
which the teacher candidate is in attendance, except that--
``(A) any period during which the teacher candidate
is enrolled in a noncredit or remedial course of study
as described in paragraph (3) shall not be counted for
the purpose of this paragraph; and
``(B) the total amount that a teacher candidate may
receive under this subpart for undergraduate or post-
baccalaureate study shall not exceed $40,000.
``(2) Graduate students.--The period during which a
graduate student may receive grants under this subpart shall be
the period required for the completion of a master's degree
course of study pursued by the teacher candidate at the
eligible institution at which the teacher candidate is in
attendance, except that the total amount that a teacher
candidate may receive under this subpart for graduate study
shall not exceed $16,000.
``(3) Remedial course; study abroad.--Nothing in this
section shall be construed to exclude from eligibility courses
of study which are noncredit or remedial in nature (including
courses in English language acquisition) which are determined
by the eligible institution to be necessary to help the teacher
candidate be prepared for the pursuit of a first undergraduate
baccalaureate or post-baccalaureate degree or certificate or,
in the case of courses in English language instruction, to be
necessary to enable the teacher candidate to use already
existing knowledge, training, or skills. Nothing in this
section shall be construed to exclude from eligibility programs
of study abroad that are approved for credit by the home
institution at which the teacher candidate is enrolled.
``(e) Institutional Eligibility.--Notwithstanding subsections (a)
and (b), an institution shall not be eligible to participate in the
TEACH grant program under this subpart for a period of 3 years, and
shall be required to submit an application to regain eligibility after
that 3 year period, if for a period of 3 consecutive years, 50 percent
or more of the TEACH grant recipients who are graduates of that
institution have TEACH grants converted to loans under section
420N(c)(1).
``SEC. 420N. APPLICATIONS; ELIGIBILITY.
``(a) Applications; Demonstration of Eligibility.--
``(1) Filing required.--The Secretary shall periodically
set dates by which teacher candidates shall file applications
for grants under this subpart. Each teacher candidate desiring
a grant under this subpart for any year shall file an
application containing such information and assurances as the
Secretary may determine necessary to enable the Secretary to
carry out the functions and responsibilities of this subpart.
``(2) Demonstration of teach grant eligibility.--Each
application submitted under paragraph (1) shall contain such
information as is necessary to demonstrate that--
``(A) if the applicant is an enrolled student--
``(i) the student is an eligible student
for purposes of section 484; and
``(ii) the student is completing coursework
and other requirements necessary to begin a
career in teaching, or plans to complete such
coursework and requirements prior to
graduating; or
``(B) if the applicant is a current or prospective
teacher applying for a grant to obtain a graduate
degree--
``(i) the applicant is a teacher or a
retiree from another occupation with expertise
in a field in which there is a shortage of
teachers, such as mathematics, science, special
education, English language acquisition, or
another high-need subject;
``(ii) the applicant is or was a teacher
who is using evidence-based alternative
certification routes; or
``(iii) the applicant is a practicing
teacher in another field and is pursuing an
additional credential in a field in which there
is a shortage of teachers, such as mathematics,
science, special education, English language
acquisition, or another high-need subject.
``(b) Agreements To Serve.--Each application under subsection (a)
shall contain or be accompanied by an agreement by the applicant that--
``(1) the applicant will--
``(A) serve as a full-time teacher for a total of
not less than 4 academic years within 8 years after
completing the course of study for which the applicant
received a TEACH Grant under this subpart (referred to
in this section as the `service obligation window');
``(B) teach in a school described in section
465(a)(2)(A);
``(C) teach in any of the following fields--
``(i) mathematics;
``(ii) science;
``(iii) a foreign language;
``(iv) bilingual education;
``(v) special education;
``(vi) as a reading specialist;
``(vii) early childhood education; or
``(viii) another field documented as high-
need by the Federal Government, State
government, or local educational agency, and
approved by the Secretary; and
``(D) submit evidence of such employment in the
form of a certification by the chief administrative
officer of the school upon completion of each year of
such service;
``(2) in the event that the applicant is determined to have
failed or refused to carry out such service obligation, an
amount (which shall be a pro-rated amount for partial service)
of any TEACH Grants received by such applicant will be treated
as a loan and collected from the applicant in accordance with
subsection (c) and the regulations thereunder; and
``(3) contains, or is accompanied by, a plain-language
disclosure form developed by the Secretary that clearly
describes the nature of the TEACH Grant award, the service
obligation, and the loan repayment requirements that are the
consequence of the failure to complete the service obligation.
``(c) Repayment for Failure To Complete Service.--
``(1) In general.--If any recipient of a grant under this
subpart fails or refuses to comply with some or all of the
service obligation in the agreement under subsection (b)--
``(A) the Secretary shall determine the proportion
of the total amount of time of the service obligation
that the recipient has failed or refused to complete;
and
``(B) the Secretary shall determine, on a pro-rated
basis and based on the proportion described in
subparagraph (A), the amounts of any TEACH Grants
received by such recipient that shall, upon a
determination of such a failure or refusal in such
service obligation, be treated as a Federal Direct
Stafford Loan under part D of title IV (except that
such loan shall have an interest rate of 0 percent) and
shall ensure that those amounts are subject to
repayment, in accordance with terms and conditions
specified by the Secretary in regulations under this
subpart.
``(2) Loan deferment.--In the case of a TEACH grant
recipient whose grant has been converted to a Federal Direct
loan under part D in accordance with paragraph (1) and who is,
at the time of such conversion, teaching in an elementary or
secondary school that is not a school described in section
465(a)(2)(A), the Secretary shall--
``(A) issue that recipient a deferment for a period
of not more than 3 years, during which time periodic
installments on such loan need not be paid; and
``(B) ensure that such recipient is enrolled in the
loan credit program under section 460, if eligible.
``(d) Additional Administrative Provisions.--
``(1) Changes to school or designation.--
``(A) Change of high-need designation field.--If a
recipient of an initial grant under this subpart has
acquired an academic degree, or expertise, in a field
that was, at the time of the recipient's application
for that grant, designated as high need in accordance
with subsection (b)(1)(C)(viii), but is no longer so
designated, the grant recipient may fulfill the service
obligation described in subsection (b)(1) by teaching
in that field.
``(B) Change of high-need designation field or
school.--Notwithstanding subsection (b), if a recipient
of a grant under this subpart begins teaching at a
school described in subsection (b)(1)(B) and in a field
described in subsection (b)(1)(C) during the service
obligation window, but such school or field later is no
longer designated under subsection (b), the grant
recipient may fulfill the service obligation described
in subsection (b)(1) by continuing to teach in that
school and field and completing the required period of
service within the service obligation window.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under this
subpart who is unable to fulfill all or part of the recipient's
service obligation may be excused from fulfilling that portion
of the service obligation.
``(3) Extension of service obligation window.--The
Secretary shall extend the service obligation window of a TEACH
grant recipient for a period of not more than 3 additional
years, if that recipient has experienced an event described in
section 102(a) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)).
``SEC. 420O. PROGRAM PERIOD AND FUNDING.
``There shall be available to the Secretary to carry out this
subpart, from funds not otherwise appropriated, such sums as may be
necessary to provide TEACH Grants in accordance with this subpart to
each eligible applicant.
``SEC. 420P. REPORTS TO AUTHORIZING COMMITTEES.
``(a) Program Report.--Not later than two years after the date of
enactment of the EDUCATORS for America Act and every 2 years
thereafter, the Secretary shall prepare and submit to the authorizing
committees a report on TEACH grants with respect to the schools and
students served by recipients of such grants. Such report shall take
into consideration information related to--
``(1) the number of TEACH grant recipients;
``(2) the degrees obtained by such recipients;
``(3) the location, including the school, local educational
agency, and State, where the recipients completed the service
agreed to under section 420N(b) and the subject taught;
``(4) the duration of such service; and
``(5) any other data necessary to conduct such evaluation.
``(b) Annual Report.--Not later than 1 year after the date of
enactment of the EDUCATORS for America Act and annually thereafter, the
Secretary shall prepare and submit to the authorizing committees a
report containing information about the following in the period since
the last report was submitted:
``(1) The number of TEACH grants converted to loans under
section 420N(c)(1).
``(2) The number of such grant conversions that were
reversed in accordance with section 420N(c)(2).
``(3) The number of contacts or complaints to the
Department of Education or the Consumer Financial Protection
Bureau (including through any ombudsman) received from a TEACH
grant recipient, and the resolutions of those contacts or
complaints.
``(4) Demographic information about recipients of TEACH
grants, including race, ethnicity, and gender.
``SEC. 420Q. SERVICER ACCOUNTABILITY.
``The Secretary shall prescribe such regulations as may be
necessary to ensure accurate administrative oversight and appropriate
penalties for third party servicers in order to ensure that--
``(1) those servicers properly perform their contractual
obligations with respect to this subpart; and
``(2) those servicers are held responsible with respect to
the loss of benefits of TEACH grant recipients due to servicer
failures.''.
SEC. 6. LOAN FORGIVENESS AND CANCELLATION FOR EDUCATORS IN HIGH NEED
SCHOOLS OR EARLY CHILDHOOD EDUCATION PROGRAMS.
(a) Enhanced Teacher Loan Forgiveness Under the FFEL Program.--
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is
amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR EDUCATORS IN HIGH NEED SCHOOLS OR
EARLY CHILDHOOD EDUCATION PROGRAMS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the EDUCATORS for America Act, the Secretary shall
carry out a program, through the holder of the loan, of assuming, as
required under subsection (c), the obligation to repay a covered loan
for qualifying educators engaged in qualifying service. A qualifying
educator may apply for the program under this section after the
Secretary has begun carrying out the program.
``(c) Forgiveness of Covered Loans.--
``(1) Forgiveness of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
EDUCATORS for America Act, that may have been completed
or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall assume the obligation to
repay an amount equal to 100 percent of the aggregate
of the loan obligations (including interest and fees)
on all covered loans that are outstanding as of the
date of completion of such fifth year of qualifying
service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of subparagraph (A).
``(2) Monthly loan forgiveness.--Upon application by any
qualifying educator who has a covered loan and who is engaged
in qualifying service, and in addition to any loan forgiveness
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
assume the obligation to repay the minimum monthly
obligation on all covered loans of the qualifying
educator, based on the repayment plan selected by the
qualifying educator, for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
high need school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service, the
assumption of the monthly loan obligation provided will
serve as a monthly payment, considered paid in full by
the qualifying educator, based on the repayment plan
selected by the qualifying educator (which, if the
qualifying educator chooses, shall include any income
driven repayment plan); and
``(C) during the period of qualifying service, each
monthly obligation that is repaid by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan forgiveness under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan forgiveness under paragraph (1) and for
monthly loan forgiveness under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in an early childhood
education program, by the director of that
program (or the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent loan
under section 428B issued on behalf of a student who is
a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent loan
under section 428B issued on behalf of a student who is
not a qualifying educator shall also qualify for loan
forgiveness and any other benefits under this section
for qualifying service if that parent borrower is
engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior forgiveness.--A qualifying
educator who received loan forgiveness under this section as in
effect before the date of enactment of the EDUCATORS for
America Act--
``(A) shall be eligible for loan forgiveness of
covered loans in accordance with paragraph (1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
forgiveness as qualifying service for purposes of
paragraph (1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--
``(1) In general.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school, may continue to serve
in such school and shall be eligible for loan
forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan forgiveness pursuant to
subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(b) Enhanced Teacher Loan Cancellation Under the Direct Loan
Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C.
1087j) is amended to read as follows:
``SEC. 460. LOAN CANCELLATION FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the EDUCATORS for America Act, the Secretary shall
carry out a program of canceling, as required under subsection (c), the
obligation to repay a covered loan for qualifying educators engaged in
qualifying service. A qualifying educator may apply for the program
under this section after the Secretary has begun carrying out the
program.
``(c) Cancellation of Covered Loans.--
``(1) Cancellation of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
EDUCATORS for America Act, that may have been completed
or performed before or after such date of
implementation, or a combination of qualifying
service), the Secretary shall cancel an amount equal to
100 percent of the aggregate of the loan obligations
(including interest and fees) on all covered loans that
are outstanding as of the date of completion of such
fifth year of qualifying service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of this section.
``(2) Monthly loan cancellation.--Upon application by any
qualifying educator of a covered loan who is engaged in
qualifying service, and in addition to any loan cancellation
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
cancel the minimum monthly obligation on all covered
loans of the qualifying educator based on the repayment
plan selected by the qualifying educator (which, if the
educator chooses, shall include any income driven
repayment plan), for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
qualifying school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service,
interest shall not accrue on the qualifying educator's
covered loans; and
``(C) during the period of qualifying service, each
monthly obligation that is cancelled by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan cancellation under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan cancellation under paragraph (1) and for
monthly loan cancellation under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in a early childhood education
program, by the director of that program (or
the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is not a qualifying educator shall also qualify for
loan forgiveness and any other benefits under this
section for qualifying service if that parent borrower
is engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior loan cancellation.--A qualifying
educator who received loan cancellation under this section as
in effect before the date of enactment of the EDUCATORS for
America Act--
``(A) shall be eligible for loan cancellation of
covered loans in accordance with subsection (c)(1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
cancellation as qualifying service for purposes of
subsection (c)(1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) List.--
``(1) In general.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school, may continue to serve
in such school and shall be eligible for loan
cancellation pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan cancellation pursuant
to subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(c) Effective Date; Program Name.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the day that is 180 days after the
date of enactment of this Act.
(2) Program name.--The programs under section 428J and 460
of the Higher Education Act of 1965, as amended by subsections
(a) and (b), shall be known as ``Educator Loan Forgiveness
Programs''.
(d) Technical Amendment.--Section 455(m)(4) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(m)(4)) is amended by striking ``section
428J, 428K, 428L, or 460'' and inserting ``section 428K or 428L''.
(e) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit to Congress a report containing information about
the impact of the amendments made under this section, which shall
include data on the participation rate of eligible borrowers, the
dollar amount of benefits to participants, and the performance of
servicers.
SEC. 7. LOAN CREDIT FOR EDUCATORS.
(a) Loan Credit for Educators.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at
the end the following:
``SEC. 461. LOAN CREDIT FOR ELIGIBLE EDUCATORS.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the education
profession.
``(b) Program Authorized.--Beginning not later than 1 year after
the date of enactment of the EDUCATORS for America Act, the Secretary
shall carry out a program of applying monthly credits in accordance
with subsection (c) for covered loans for any new borrower on or after
October 1, 1998, who is an eligible educator or who has a covered loan
on behalf of an eligible educator in accordance with subsection
(d)(1)(B).
``(c) Qualified Loan Amounts.--
``(1) In general.--
``(A) Amount of credit.--For every eligible
educator enrolled in an income contingent or income-
based repayment plan (including plans under section
493C or section 455(d)(1)(D)), the Secretary shall
apply a monthly credit for each month of covered
service (including past covered service on or after the
date of enactment of the EDUCATORS for America Act) to
the balance of interest and principal due on any
covered loan for that eligible educator in an amount
that, when added to the monthly payment required from
the borrower, would be equal to the monthly payment
amount that would repay the borrower's original balance
and accrued interest on the basis of a 10-year
amortization schedule.
``(B) Covered service.--With respect to monthly
credits described in subparagraph (A), `covered
service' means full-time employment as an educator
beginning on or after the date of enactment of the
EDUCATORS for America Act.
``(2) Prevention of double benefits.--No borrower may, for
the same voluntary service, receive a benefit under both this
section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(d) Definitions.--
``(1) Covered loan.--
``(A) In general.--The term `covered loan' means a
loan that is not in default that is--
``(i) a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a
Federal Direct PLUS Loan (which may include a
loan to the parent of a dependent student),
under this part; or
``(ii) a loan amount for a Federal Direct
Consolidation Loan only to the extent that such
loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized
Stafford Loan, or a Federal Direct PLUS Loan
(which may include a loan to the parent of a
dependent student) under this part.
``(B) Parent plus loans.--
``(i) Parent plus loan on behalf of a
student who is an eligible educator borrower.--
A borrower of a parent Federal Direct PLUS Loan
issued on behalf of a student who is an
eligible educator shall qualify for monthly
credit and any other benefits under this
section for the covered service of the student
in the same manner and to the same extent as
the student borrower qualifies for such monthly
credit and other benefits.
``(ii) Parent plus loan borrowed by a
parent who is an eligible educator.--The
borrower of a parent Federal Direct PLUS Loan
issued on behalf of a student who is not an
eligible educator shall also qualify for the
monthly credit and any other benefits under
this section for covered service if that parent
borrower is engaged in covered service and
meets the requirements of this section.
``(2) Eligible educator.--In this section, the term
`eligible educator' means an individual who--
``(A) is employed on a full-time basis as an
educator, as defined under section 200; and
``(B) is not simultaneously receiving monthly loan
cancellation benefits under section 460.
``(3) Year.--For the purpose of this section, the term
`year' where applied to service as a teacher means an academic
year as defined by the Secretary.''.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
prepare and submit to Congress a report containing information about
the impact of the amendment made under subsection (a), which shall
include data on the participation rate of eligible borrowers, the
dollar amount of benefits to participants, and the performance of
servicers.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 72 (Friday, April 28, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. ADAMS:\nH.R. 2992.\nCongress has the power to enact this legislation pursuant\nto the following:\nClause 18 of Section 8 of Article I of the Constitution\nThe single subject of this legislation is:\nThe Educators for America Act will help build a pipeline to\nimproving our education retention and training.\n[Page H2119]\n</pre>",
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118HR2993 | Preventing PLA Acquisition of United States Technology Act of 2023 | [
[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2993 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2993
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Banks introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Science, Space, and Technology, Energy and Commerce, and Education and
the Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To counter the military-civil fusion strategy of the Chinese Communist
Party and prevent United States contributions to the development of
dual-use technology in China.
Be it enacted by the Senate 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 PLA Acquisition of United
States Technology Act of 2023''.
SEC. 2. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF THE CHINESE
COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's
Republic of China that is determined by the Secretary
of Defense to be involved in the implementation of the
military-civil fusion strategy, including--
(i) any college or university known as the
``Seven Sons of National Defense'';
(ii) any college or university that
receives funding from--
(I) the People's Liberation Army;
or
(II) the Equipment Development
Department, or the Science and
Technology Commission, of the Central
Military Commission;
(iii) any college or university in the
People's Republic of China involved in military
training and education, including any such
college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the
People's Republic of China that conducts
military research or hosts dedicated military
initiatives or laboratories, including such a
college or university designated under the
``double first-class university plan'';
(v) any college or university in the
People's Republic of China that is designated
by the State Administration for Science,
Technology, and Industry for the National
Defense to host ``joint construction''
programs;
(vi) any college or university in the
People's Republic of China that has launched a
platform for military-civil fusion or created
national defense laboratories; and
(vii) any college or university in the
People's Republic of China that conducts
research or hosts dedicated initiatives or
laboratories for any other related security
entity beyond the People's Liberation Army,
including the People's Armed Police, the
Ministry of Public Security, and the Ministry
of State Security;
(B) any enterprise for which the majority
shareholder or ultimate parent entity is the Government
of the People's Republic of China at any level of that
government;
(C) any privately owned company in the People's
Republic of China--
(i) that has received a military production
license, such as the Weapons and Equipment
Research and Production Certificate, the
Equipment Manufacturing Unit Qualification, the
Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment
Research and Production Unit Classified
Qualification Permit;
(ii) that is otherwise known to have set up
mechanisms for engaging in activity in support
of military initiatives;
(iii) that has a history of subcontracting
for the People's Liberation Army or its
affiliates;
(iv) that is participating in, or receiving
benefits under, a military-civil fusion
demonstration base; or
(v) that has an owner, director, or a
senior management official who has served as a
delegate to the National People's Congress, a
member of the Chinese People's Political
Consultative Conference, or a member of the
Central Committee of the Chinese Communist
Party; and
(D) any entity that--
(i) is identified by the Secretary of
Defense under section 1260H(a) of the William
M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note) as a Chinese military company;
and
(ii) is included in the Non-SDN Chinese
Military-Industrial Complex Companies List
published by the Department of the Treasury.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or
provides funding for research, including the National
Science Foundation and the National Institutes of
Health;
(B) any institution of higher education, or any
other private research institution, that receives any
Federal financial assistance; and
(C) any private company headquartered in the United
States that receives Federal financial assistance.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military application, including the development
of technology, improvements in logistics, and other uses by the
People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies that
the Chinese Communist Party has identified as a priority of its
national strategy of military-civil fusion and that are listed
on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging in
any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall establish, and periodically update not less
than twice a year, a website that includes--
(A) a list of the specific areas of scientific
research or technical exchange for which the
prohibitions under subsection (b) apply, which shall
initially include some or all aspects of the fields of
quantum computing, photonics and lasers, robotics, big
data analytics, semiconductors, new and advanced
materials, biotechnology (including synthetic biology
and genetic engineering), 5G and all future generations
of telecommunications, advanced nuclear technology
(including nuclear power and energy storage), aerospace
technology, and artificial intelligence; and
(B) to the extent practicable, a list of all
Chinese entities of concern.
(2) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration for
Science, Technology, and Industry for the National Defense of
the People's Republic of China as defense-relevant and
consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
(d) Exception.--The prohibitions under subsection (b) shall not
apply to any collaborative study or research project in fields
involving information that would not contribute substantially to the
goals of the military-civil fusion strategy, as determined by
regulations issued by the Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year thereafter,
each covered entity shall submit to the Secretary of Defense a
report that discloses--
(A) any research relationships the covered entity
has with a Chinese entity of concern or has had during
the previous year;
(B) any research relationships the covered entity
has considered with a Chinese entity of concern during
the previous year and declined; and
(C) any research relationships the covered entity
has terminated with a Chinese entity of concern during
the previous year because the relationship violates
subsection (b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of any
report submitted under paragraph (1) to ensure compliance with
the requirements of such paragraph.
(f) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under subsection
(b), or violates subsection (e), on or after the date of
enactment of this Act shall be precluded from receiving any
Federal financial assistance on or after the date of such
violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary of
Commerce, shall--
(A) promulgate regulations to enforce the
prohibitions under subsection (b), the auditing
requirements under subsection (e), and the requirement
under paragraph (1); and
(B) coordinate with the heads of other Federal
agencies to ensure the enforcement of such prohibitions
and requirements.
<all>
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118HR2994 | Returning Home Act | [
[
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"sponsor"
],
[
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[
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"cosponsor"
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2994 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2994
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
establish the Reentry Rental Assistance and Housing Services Grant
Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Barragan (for herself, Mrs. Watson Coleman, Mr. Bowman, Ms. Tlaib,
Ms. Norton, Ms. Kamlager-Dove, Ms. Tokuda, Mr. Garcia of Illinois, Mrs.
Peltola, and Mrs. Hayes) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
establish the Reentry Rental Assistance and Housing Services Grant
Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Returning Home Act''.
SEC. 2. REENTRY RENTAL ASSISTANCE AND HOUSING SERVICES GRANT PROGRAM.
Section 2976 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10631) is amended--
(1) in the section heading, by striking ``offender'';
(2) in subsection (a), by striking ``offender'';
(3) in subsection (b)--
(A) in the heading, by striking ``Offender'';
(B) by striking ``offender'';
(C) in paragraph (1)--
(i) by striking ``offenders'' and inserting
``individuals''; and
(ii) by striking ``or juvenile facilities''
and inserting ``juvenile facilities, or halfway
houses'';
(D) in paragraph (3)--
(i) by striking ``prison, jail, or a
juvenile facility'' and inserting ``a prison,
jail, juvenile facility, or halfway house'';
and
(ii) by striking ``offenders'' and
inserting ``individuals'';
(E) in paragraph (4)(A), by striking ``offenders''
and inserting ``individuals who are incarcerated or who
were incarcerated'';
(F) in paragraph (5)--
(i) by striking ``or juvenile facility''
and inserting ``juvenile facility, or halfway
house''; and
(ii) by striking ``offenders while in
custody'' and inserting ``such individuals
during incarceration'';
(G) in paragraph (6)--
(i) by striking ``by offenders to victims''
and inserting ``by individuals who committed
crimes to victims of such crimes''; and
(ii) by striking ``of offenders'' and
inserting ``of such individuals from a prison,
jail, juvenile facility, or halfway house'';
and
(H) in paragraph (7), by striking ``dangerous
offenders'' and inserting ``individuals who are
incarcerated and dangerous'';
(4) in subsection (c)--
(A) in the heading, by striking ``Offender''; and
(B) by striking ``offender'';
(5) in subsection (d)--
(A) in paragraph (1), by striking ``for a planning
grant under subsection (e) and an implementation grant
under subsection (f)'' and inserting ``when applying
simultaneously for two or more of the grants
established under subsections (e), (f), and (o)''; and
(B) in paragraph (2)--
(i) by striking ``under subsections (e) and
(f)'' and inserting ``under subsections (e),
(f), and (o)''; and
(ii) in subparagraph (A), by striking
``offender'';
(6) in subsection (e)(1), by striking ``offender'';
(7) in subsection (f)--
(A) in paragraph (1)(B), by striking ``offender'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``offenders'' and inserting ``individuals who
are incarcerated''; and
(ii) in subparagraph (D), by striking
``offenders'' and inserting ``individuals who
are incarcerated''; and
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``and juvenile
facilities'' and inserting ``juvenile
facilities, and halfway houses''; and
(II) by striking ``offenders'' and
inserting ``individuals'';
(ii) in subparagraph (B)--
(I) in clause (ii), by striking
``offenders'' and inserting
``individuals'';
(II) in clause (ii), by striking
``prisons, jails, and juvenile
facilities'' and inserting ``a prison,
jail, juvenile facility, or halfway
house''; and
(III) in clause (iii), by striking
``offenders'' and inserting
``individuals who are incarcerated or
who were incarcerated'';
(iii) in subparagraph (C)(ii)--
(I) by striking ``an offender'' and
inserting ``an incarcerated
individual''; and
(II) by striking ``that offenders''
and inserting ``that such
individuals'';
(iv) in subparagraph (F), by striking
``offenders'' and inserting ``individuals who
are incarcerated''; and
(v) in subparagraph (G)--
(I) by striking ``offenders with
histories'' and inserting ``individuals
who are incarcerated or who were
incarcerated and who have a history'';
and
(II) by striking ``offender'' in
each place it occurs and inserting
``individual'';
(8) in subsection (h)--
(A) in paragraph (1)--
(i) by striking ``offenders'' and inserting
``individuals'';
(ii) by striking ``subsection (f)'' each
place such term appears and inserting
``subsection (f) or (o)''; and
(iii) by striking ``prison, jail or a
juvenile facility'' and inserting ``a prison,
jail, juvenile facility, or halfway house'';
and
(B) in paragraph (4), by striking ``released
offenders'' and inserting ``individuals released from a
prison, jail, juvenile facility, or halfway house'';
(9) in subsection (i)(1)--
(A) by striking ``under subsection (f)'' and
inserting ``under subsection (f) or (o)'';
(B) by striking ``returning offenders and'' and
inserting ``individuals reentering the community after
time spent in a prison, jail, juvenile facility, or
halfway house and to'';
(C) by striking ``offenders' time in prison, jail,
or a juvenile facility'' and inserting ``such time'';
(D) by striking ``of offenders'' and inserting ``of
such individuals''; and
(E) by striking ``offender'';
(10) in subsection (j)--
(A) in paragraph (1)--
(i) by striking ``an implementation'' and
inserting ``a''; and
(ii) by striking ``subsection (f)'' each
place such term appears and inserting
``subsection (f) or (o)'';
(B) in paragraph (2), by striking ``offenders
released back'' and inserting ``individuals who were
released from a prison, jail, juvenile facility, or
halfway house'';
(C) in paragraph (3)--
(i) by striking ``offenders'' and inserting
``individuals''; and
(ii) by striking ``prison, jails, or
juvenile facilities'' and inserting ``prisons,
jails, juvenile facilities, or halfway
houses''; and
(D) in paragraph (5), by striking ``subsection
(f)'' and inserting ``subsections (f) and (o)'';
(11) in subsection (k)(1), by striking ``subsection (f)''
each place such term appears and inserting ``subsections (f)
and (o)'';
(12) in subsection (m)--
(A) by striking ``Juvenile Offender'' each place
such term appears and inserting ``Juvenile'';
(B) in paragraph (2), by striking ``offender''; and
(C) in paragraph (3)--
(i) in subparagraph (B), by striking
``offender'';
(ii) in subparagraph (F)--
(I) by striking ``prison, jail, or
a juvenile facility'' and inserting ``a
prison, jail, juvenile facility, or
halfway house''; and
(II) by striking ``prisons, jails,
or juvenile facilities'' and inserting
``a prison, jail, juvenile facility, or
halfway house''; and
(iii) in subparagraph (I), by striking
``offenders'' and inserting ``individuals who
are incarcerated or who were incarcerated'';
(13) in subsection (n)(2)(A), by striking ``offenders'' and
inserting ``individuals who received assistance from such
projects and who are incarcerated or who were incarcerated'';
(14) in subsection (o)--
(A) in paragraph (1), by striking ``section'' and
inserting ``section (other than subsection (o))''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``section'' and inserting ``section (including
amounts made available to carry out subsection
(o))''; and
(ii) in subparagraph (B), by striking
``criminal offenders'' and inserting
``individuals who were incarcerated'';
(15) in subsection (p)--
(A) by striking ``offenders reentering the
community'' in each place it occurs and inserting
``individuals who are reentering the community after
incarceration''; and
(B) in paragraph (5), by striking ``offenders'' and
inserting ``individuals'';
(16) by redesignating subsections (o) and (p) as
subsections (p) and (q), respectively; and
(17) by inserting after subsection (n) the following:
``(o) Reentry Rental Assistance and Housing Services Grant
Program.--
``(1) Establishment.--The Attorney General shall, in
coordination with the Secretary of Housing and Urban
Development, establish a program to be known as the `Reentry
Rental Assistance and Housing Services Grant Program' to
provide grants as provided under this subsection.
``(2) Use of funds.--A grant under this subsection may be
used for--
``(A) providing 24 months of rental assistance to
an individual who was incarcerated for purposes of
paying housing costs at a permanent residence;
``(B) providing a stipend to a family member of an
individual who was incarcerated if the individual lives
in the family member's household; and
``(C) providing supportive services to individuals
who are incarcerated or who were incarcerated,
including--
``(i) pre-release planning;
``(ii) document collection support;
``(iii) housing counseling and location
services;
``(iv) system navigation and linkage
support to other services, including mental
health therapy, program services for victims of
domestic violence, program services for victims
of sexual assault, substance abuse treatment,
education services, and employment services;
``(v) information about home-based services
and community-based services;
``(vi) case management and addressing
criminogenic needs;
``(vii) move-in support and assistance;
``(viii) support with security deposits and
other leasing fees;
``(ix) housing placement support;
``(x) housing stabilization support for at
least 12 months to help retain housing after
placement;
``(xi) financial incentives to landlords,
including payment of holding fees, funds to
mitigate property damage, and other incentives
to accept tenants who are receiving rental
assistance; and
``(xii) other similar supportive services
as determined by the Secretary.
``(3) Allocation for rental assistance.--A grantee shall
use--
``(A) not less than 60 percent of the grant funding
for rental assistance described under paragraph (2)(A);
and
``(B) not more than 25 percent of grant funding for
financial incentives to landlords described under
paragraph (2)(C)(x).
``(4) Application requirements.--
``(A) Application.--
``(i) In general.--An eligible applicant
seeking a grant under this subsection shall
submit to the Attorney General an application
that meets the requirements of paragraphs (1)
and (2) in subsection (f) and includes a
proposed program under subparagraph (B).
``(ii) Eligible applicant.--For purposes of
this subparagraph, an eligible applicant is--
``(I) an eligible entity;
``(II) a nonprofit organization or
service provider in partnership with an
eligible entity; or
``(III) a nonprofit organization or
service provider in partnership with--
``(aa) a collaborative
applicant or other entity
funded under the Continuum of
Care program under subtitle IV
of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381
et seq.);
``(bb) a protection and
advocacy system (as defined in
section 102 of the
Developmental Disabilities
Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002));
``(cc) a client assistance
program (as described in
section 112 of the
Rehabilitation Act of 1973 (29
U.S.C. 732)); or
``(dd) a center for
independent living (as defined
in section 702 of the
Rehabilitation Act of 1973 (29
U.S.C. 796a)).
``(iii) Nonprofit organizations and service
providers.--In the case that the eligible
applicant that applies for the grant is a
nonprofit organization or service provider,
paragraphs (1) and (2) in subsection (f) shall
apply in the case of that applicant.
``(B) Program proposal.--The Attorney General may
make a grant under this subsection to an applicant only
if the applicant submits a proposed program that will
benefit--
``(i) individuals who are incarcerated in a
prison, jail, juvenile facility, or halfway
house who are not more than 365 days from their
release date and are at risk of becoming
homeless or exiting into housing insecurity;
``(ii) individuals experiencing
homelessness while under parole or supervised
release from a prison, jail, juvenile facility,
or halfway house; or
``(iii) individuals experiencing
homelessness or housing insecurity and who were
discharged from a prison, jail, juvenile
facility, or halfway house.
``(C) Priority considerations.--The Attorney
General shall prioritize grants--
``(i) to an applicant as described in
subsection (f)(3);
``(ii) to an applicant that implements a
housing first approach program which includes
low-barrier screening criteria for determining
which individuals receive assistance under the
program; and
``(iii) to an applicant that implements a
program to serve a population that, when
compared to the general population, is at a
disproportionate risk of incarceration and that
experiences a disproportionate rate of
homelessness.
``(D) Prohibition on grants to law enforcement.--
The Attorney General may not provide a grant under this
subsection to a law enforcement entity, including an
entity that employs probation officers.
``(5) Denial notification requirements.--
``(A) In general.--A grantee under this subsection
shall notify individuals who apply for and are denied
support from programs funded with such grants about--
``(i) the denial;
``(ii) the reason for the denial; and
``(iii) supportive services (including
housing counseling) and free legal resources.
``(B) Timing.--Such notifications shall be sent to
the individual within 15 days after denial.
``(6) Accessibility requirements.--A grantee under this
subsection shall ensure that information regarding the programs
and support services that the grantee offers and that are
funded with such grants is made available--
``(A) in a manner that uses simple, plain language
and is reader friendly; and
``(B) in a form that is accessible to individuals
with disabilities.
``(7) Authorization of appropriations.--There is authorized
to be appropriated $100,000,000 for each fiscal year to carry
out this subsection.
``(8) Definitions.--In this subsection:
``(A) Disability.--The term `disability' has the
meaning given to such term in section 3 of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102).
``(B) Housing costs.--The term `housing costs'
includes rent, utilities, security deposits,
application fees, and other similar expenses as
determined by the Attorney General, in consultation
with the Secretary.
``(C) Secretary.--The term `Secretary' means the
Secretary of Housing and Urban Development.''.
<all>
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118HR2995 | National Mesonet Authorization Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2995 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2995
To authorize the National Mesonet Program of the National Weather
Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Bice (for herself, Mr. Tonko, and Mr. Lucas) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
_______________________________________________________________________
A BILL
To authorize the National Mesonet Program of the National Weather
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 ``National Mesonet Authorization
Act''.
SEC. 2. NATIONAL MESONET PROGRAM.
(a) In General.--Title I of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8501 et seq.) is amended by adding at
the end the following new section:
``SEC. 111. NATIONAL MESONET PROGRAM.
``(a) Findings.--Congress finds the following:
``(1) Since the initial establishment of the National
Mesonet Program, a public-private partnership program, the
Program has leveraged data collected by existing weather
observation networks to--
``(A) provide accurate, real-time observations to
support weather forecasters, emergency response, and
all-weather sensitive activities across the United
States;
``(B) address persistent impediments, identified in
a 2009 National Academy of Sciences Report, From the
Ground Up, to fulfill the need for broader and denser
environmental observation networks to improve severe
weather lead-times;
``(C) help achieve major improvements for the
National Oceanic and Atmospheric Administration and the
broader American Weather Enterprise, as identified in
the 2011 National Academy of Sciences Report, The
National Weather Service Modernization and Associated
Restructuring;
``(D) increase the amount of non-Federal weather
data available to the Federal Government by orders of
magnitude; and
``(E) improve understanding of the impact, size,
and duration of mesoscale weather events.
``(2) The National Mesonet Program is a critical component
of Administration operations and provides reliable, real-time
observation capabilities for the physical environment that
enhances prediction, preparedness, and response strategies to
severe weather events.
``(3) The National Mesonet Program is a primary input,
ingest, and quality-assurance/quality-control for non-Federal
weather data that are critical to operations, including
situational awareness, forecasting, decision support, research,
in-situ verification and validation for emerging satellite
technologies, and numerical weather prediction modeling.
``(b) Program.--There is in the National Weather Service a program
to be known as the National Mesonet Program (in this section referred
to as the `Program'). The Program shall--
``(1) be administered by the Under Secretary; and
``(2) obtain observations in all geographic environments to
improve understanding of and forecast capabilities for
atmospheric events, with a prioritization on leveraging
available commercial, academic, and other non-Federal weather
data to enhance coordination across the private, public, and
academic sectors of the United States weather enterprise.
``(c) Program Elements.--The Program shall carry out the following
activities:
``(1) Improve environmental observations used by the
National Oceanic and Atmospheric Administration and the
National Weather Service to support baseline forecasts and
warnings that protect the Nation's citizens, businesses,
military, and government agencies and enable such individuals
and entities to operate in safe, efficient, and orderly
manners.
``(2) When demonstrably cost effective, leverage existing
networks of environmental monitoring stations to increase the
quantity and density of weather observations and data available
to the Administration.
``(3) Establish means to integrate greater density and type
of weather observations into the Program on an annual basis,
including by encouraging local and regional networks of
environmental monitoring stations and satellite constellations
to participate in the Program.
``(4) Yield increased quantities of boundary-layer data to
improve numerical weather prediction performance, including
regarding subseasonal to seasonal timescales.
``(5) Provide the critical technical and administrative
infrastructure needed to facilitate rapid integration and
sustained use of new and emerging networks of environmental
monitoring stations anticipated in coming years from non-
Federal sources.
``(6) Expand and enhance environmental observational
networks in the roadway environment to provide real-time road
weather and surface conditions for surface transportation and
related economic sectors.
``(7) Identify available terrestrial or marine weather
data, or quantifiable gaps in such data, to improve the
understanding of air-sea interactions.
``(8) Support the National Weather Service in reaching its
target of a 30-minute warning time for severe weather through
better predictive model algorithms driven by increasingly
effective observations.
``(9) Coordinate with existing Administration data used for
forecasts, including data from the National Environmental
Satellite, Data, and Information Service, the Integrated Ocean
Observing System, the Global Ocean Monitoring and Observing
Program, and National Ocean Service water level stations.
``(10) Identify and communicate to the Office of Oceanic
and Atmospheric Research and other partners priorities of
research and development needed to advance observations in the
Program.
``(d) Financial and Technical Assistance.--
``(1) In general.--In furtherance of the Program, the Under
Secretary may, to the extent amounts are made available, award
financial assistance to State, Tribal, private, and academic
entities seeking to build, expand, or upgrade equipment and
capacity of mesonet systems. Financial assistance under this
subsection may be made in coordination or addition to awards
from other Federal agencies.
``(2) Agreements.--Before receiving financial assistance
under paragraph (1), the State, Tribal, private, or academic
entity seeking financial assistance under this subsection shall
enter into an agreement with the Under Secretary to provide
data to the Program, subject to verification of the relative
operational value and evaluation of the cost of such data, for
use in weather prediction, severe weather warnings, and
emergency response.
``(3) Assistance and other support.--The Under Secretary
may provide technical assistance, project implementation
support, and guidance to entities seeking financial assistance
under this subsection.
``(4) Terms.--In providing financial assistance under this
subsection, the Under Secretary shall establish terms to ensure
that each State, Tribal, private, or academic entity that
receives financial assistance under this subsection receives a
level of Federal support commensurate with the quality and
other characteristics of the data to be provided.
``(5) Determination.--A State, Tribal, private, or academic
entity may receive financial assistance under this subsection
only if the Under Secretary determines such entity shall
provide sufficient non-Federal financial support to maintain
the quality of the mesonet system and associated data standards
required by the Program.
``(e) Advisory Committee.--
``(1) In general.--The Under Secretary shall ensure the
Program has an active advisory committee of subject matter
experts to identify, implement, procure, and track data needed
to supplement the Program, and recommend improvements,
expansions, and acquisitions of available data. The Under
Secretary may designate an existing Federal advisory committee,
subcommittee, or working group, including, if appropriate, the
Science Advisory Board of the National Oceanic and Atmospheric
Administration, to carry out this subsection.
``(2) Partnerships.--The advisory committee under paragraph
(1) shall establish partnerships with one or more institutions
of higher education (as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) to identify,
evaluate, and recommend potential partnerships, regional or
subregional consortia, and collaborative methods that would
expand the number of participants and volume of data in the
Program.
``(f) Regular Reporting.--The Under Secretary shall provide regular
briefings, not less than twice annually, to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on all Program
activities. Such briefings shall include information relating to the
following:
``(1) Efforts to implement the activities described in
subsection (c).
``(2) Any financial or technical assistance provided
pursuant to subsection (d).
``(3) Efforts to address recommendations received from the
advisory committee under subsection (e).
``(4) The potential need and associated benefits of a
coastal and ocean mesonet, or other emerging areas of weather
data needs.
``(5) Progress toward eliminating gaps in weather
observation data by States and regions of the United States.
``(6) Any other topic the Under Secretary determines
relevant.
``(g) Authorization of Appropriations.--From amounts made available
to the National Weather Service for Operations, Research, and
Facilities, the Director of the National Weather Service, to carry out
this section, shall allocate up to the following amounts for each
specified fiscal year:
``(1) $50,000,000 for fiscal year 2024.
``(2) $55,000,000 for fiscal year 2025.
``(3) $61,000,000 for fiscal year 2026.
``(4) $68,000,000 for fiscal year 2027.
``(5) $70,000,000 for fiscal year 2028.''.
(b) Clerical Amendment.--The table of contents for the Weather
Research and Forecasting Innovation Act of 2017 is amended by inserting
after the item relating to section 110 the following new item:
``Sec. 111. National Mesonet Program.''.
<all>
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118HR2996 | Safe Leave for Victims of Domestic Violence, Sexual Assault, and Stalking Act | [
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[
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],
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2996
To amend the Family and Medical Leave Act of 1993 to permit leave for
an employee to meet their needs related to being a victim of dating
violence, domestic violence, sexual assault, sex trafficking, or
stalking, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Bice (for herself and Ms. Stevens) introduced the following bill;
which was referred to the Committee on Education and the Workforce, and
in addition to the Committees on Oversight and Accountability, and
House Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to permit leave for
an employee to meet their needs related to being a victim of dating
violence, domestic violence, sexual assault, sex trafficking, or
stalking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Leave for Victims of Domestic
Violence, Sexual Assault, and Stalking Act''.
SEC. 2. ENTITLEMENT RELATING TO BEING A VICTIM OF DATING VIOLENCE,
DOMESTIC VIOLENCE, SEXUAL ASSAULT, SEX TRAFFICKING, OR
STALKING.
(a) Leave Requirement.--Section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) In order to meet the needs of the employee
related to the employee, or a family member of the
employee, being a victim of dating violence, domestic
violence, sexual assault, sex trafficking, or stalking
to--
``(i) seek medical attention or treatment
for physical or psychological injuries related
to domestic violence, dating violence, sexual
assault, stalking, or trafficking;
``(ii) seek mental health or counseling
services for injuries and trauma related to
domestic violence, dating violence, sexual
assault, stalking, or trafficking;
``(iii) seek services from a victim
services organization, including, but not
limited to, a domestic violence program, a
sexual assault victim service provider, a
stalking victim service provider;
``(iv) seek civil or criminal legal
services to prepare for and participate in
legal proceedings related to domestic violence,
sexual assault, dating violence stalking, or
trafficking;
``(v) secure safe housing, including
searching for new housing, relocating, and
installing additional safety measures; or
``(vi) in a case in which a family member
of the employee has been a victim of dating
violence, domestic violence, sexual assault,
sex trafficking, or stalking, to assist the
family member in any of the activities
described in clauses (i) through (v).''.
(b) Schedule.--
(1) In general.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the third sentence
the following new sentence: ``Subject to paragraph (2),
subsection (e)(2), and subsection (b)(5) of section 103, leave
under subparagraph (F) of subsection (a)(1) may be taken
intermittently or on a reduced leave schedule.''
(2) Conforming amendments.--Section 102 of such Act (29
U.S.C. 2612) is amended--
(A) in subsection (b)(2), by striking ``or (D)''
after ``subparagraph (C)'' and inserting ``, (D), or
(F)''; and
(B) in subsection (e)(2), by striking ``or (D)''
after ``subparagraph (C)'' and inserting ``, (D), or
(F)''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following:
``(C) Meet needs relating to being a victim of
dating violence, domestic violence, sexual assault, sex
trafficking, or stalking.--An eligible employee may
elect, or an employer may require the employee, to
substitute any of the accrued paid vacation leave,
personal leave, or medical or sick leave of the
employee for leave provided under subparagraph (F) of
subsection (a)(1) for any part of the 12-week period of
such leave under such subsection, except that nothing
in this title shall require an employer to provide paid
sick leave or paid medical leave in any situation in
which such employer would not normally provide any such
paid leave.''.
(d) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following:
``(g) Certification Relating to Being a Victim of Dating Violence,
Domestic Violence, Sexual Assault, Sex Trafficking, or Stalking.--
``(1) Subject to paragraph (2), an employer may require
that a request for leave under section 102(a)(1)(F) be
supported by a certification issued at such time and in such
manner as the Secretary may by regulation prescribe.
``(2) In the case of an employee requesting leave under
section 102(a)(1)(F) who has not yet received a certification
as described under paragraph (1), such employer shall accept a
sworn statement on a form prescribed by the Secretary that such
employee has requested such certification.''.
(e) Definitions.--Section 101 of such Act (29 U.S.C. 2611) is
amended by adding at the end the following new paragraphs:
``(20) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the employee; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) The length of the relationship.
``(ii) The type of relationship.
``(iii) The frequency of interaction
between the persons involved in the
relationship.
``(21) Domestic violence.--The term `domestic violence'
includes felony or misdemeanor crimes committed by a current or
former spouse or intimate partner of the employee under the
family or domestic violence laws of the jurisdiction receiving
grant funding and, in the case of victim services, includes the
use or attempted use of physical abuse or sexual abuse, or a
pattern of any other coercive behavior committed, enabled, or
solicited to gain or maintain power and control over an
employee, including verbal, psychological, economic, or
technological abuse that may or may not constitute criminal
behavior, by a person who--
``(A) is a current or former spouse or intimate
partner of the employee, or person similarly situated
to a spouse of the employee;
``(B) is cohabitating, or has cohabitated, with the
employee as a spouse or intimate partner;
``(C) shares a child in common with the employee;
or
``(D) commits acts against a youth or employee who
is protected from those acts under the family or
domestic violence laws of the jurisdiction.
``(22) Family member.--The term `family member' means a
spouse, son, daughter, parent, or next of kin.
``(23) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, whether or
not the conduct occurs in interstate or foreign commerce or
within the special maritime and territorial jurisdiction of the
United States.
``(24) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, Tribal, or
State law, including when the employee lacks capacity to
consent.
``(25) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to--
``(A) fear for his or her safety or the safety of
others; or
``(B) suffer substantial emotional distress.''.
(f) Technical Amendments.--Title I of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) is amended--
(1) in section 102(c), by striking ``subsection (a)(1)(F)''
and inserting ``subsection (a)(1)(G)''; and
(2) in section 110--
(A) by striking ``section 102(a)(1)(F)'' each place
it appears and inserting ``section 102(a)(1)(G)''; and
(B) in subsection (a)(1)(A), by redesignating the
second clause (ii) as clause (iii).
<all>
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118HR2997 | CONVEY Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2997
To direct the Secretary of the Interior to convey to Mesa County,
Colorado, certain Federal land in Colorado, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Boebert (for herself, Mr. Buck, and Mr. Lamborn) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey to Mesa County,
Colorado, certain Federal land in Colorado, 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 ``Clifton Opportunities Now for
Vibrant Economic Yields Act'' or as the ``CONVEY Act''.
SEC. 2. CONVEYANCE OF FEDERAL LAND TO MESA COUNTY, COLORADO.
(a) Definitions.--In this section:
(1) Clifton parcel.--The term ``Clifton parcel'' means the
approximately 31.1 acres of Federal land depicted as ``31.1
Acres to be Conveyed to Mesa County'' on the map titled
``Clifton Opportunities Now for Vacant Earth Yields (CONVEY)
Act'' and dated February 27, 2023.
(2) County.--The term ``County'' means Mesa County,
Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) In General.--Notwithstanding the Secretarial Order dated August
26, 1902, and the Secretarial Order dated July 25, 1908, the Secretary
shall convey to the County, as soon as practicable, all rights, title,
and interest of the United States in and to the Clifton parcel.
(c) Requirements.--The conveyance under this section shall be--
(1) subject to valid existing rights; and
(2) for not less than fair market value, as determined in
accordance with subsection (d).
(d) Appraisal.--
(1) In general.--The fair market value of the Clifton
parcel shall be determined by an independent appraisal obtained
by the Secretary.
(2) Appraisal standards.--The appraisal required by
paragraph (1) shall be conducted in accordance with the--
(A) Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) Uniform Standards of Professional Appraisal
Practice.
(e) Costs of Conveyance.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall pay all costs associated with the conveyance
required under subsection (b).
(2) Survey.--The County shall pay all costs associated with
any survey conducted for the purpose of accomplishing the
conveyance required under subsection (b).
(f) Proceeds From Conveyance.--The proceeds from the conveyance
required under subsection (b) shall be--
(1) deposited into the Federal Land Disposal Account
established by the Federal Land Transaction Facilitation Act
(43 U.S.C. 2301 et seq.); and
(2) available for expenditure under that Act.
(g) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall finalize a map
and a legal description of all land to be conveyed under this
Act.
(2) Controlling document.--In the case of a discrepancy
between the map and the legal description created under
paragraph (1), the map shall control.
(3) Corrections.--The Secretary and the County, by mutual
agreement, may correct any minor errors in the map or the legal
description created under paragraph (1).
(4) Map on file.--The map and the legal description created
under paragraph (1) shall be kept on file and available for
public inspection in each appropriate office of the Bureau of
Land Management.
<all>
</pre></body></html>
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"cosponso... | <p><b>Protecting America's Workers Act</b></p> <p>This bill expands the coverage of requirements governing workplace safety and health to include protection for federal, state, and local government employees. However, the bill does not cover working conditions otherwise covered by federal requirements for mine safety and health.</p> <p>The bill revises requirements governing worker protection, including by</p> <ul> <li>expanding protections for whistle-blowers, such as protections for employees who refuse to perform work because they reasonably believe the work would result in serious injury or illness and for employees who aid inspections;</li> <li>directing employers to furnish a hazard-free place of employment to all individuals performing work, not just employees;</li> <li>directing employers to report work-related deaths or certain injuries, illnesses, or hospitalizations; </li> <li>requiring the Department of Labor to investigate fatalities or significant incidents in the workplace; </li> <li>establishing rights for victims, or representatives of victims, with respect to inspections or investigations of work-related bodily injuries or deaths; </li> <li>setting the permitted period for employers to correct serious, willful, or repeated violations while citations for the violations are being contested;</li> <li>increasing civil and criminal penalties for certain violations;</li> <li>expanding enforcement requirements relating to state occupational safety and health plans;</li> <li>expanding requirements for workplace health hazard evaluations by the National Institute for Occupational Safety and Health; and</li> <li>requiring Labor to provide training programs concerning employee rights and employer responsibilities.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2998 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2998
To amend the Occupational Safety and Health Act of 1970 to expand
coverage under the Act, to increase protections for whistleblowers, to
increase penalties for high gravity violations, to adjust penalties for
inflation, to provide rights for victims or their family members, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Courtney (for himself, Mr. Scott of Virginia, Ms. Wasserman
Schultz, Ms. McCollum, Mr. Grijalva, Ms. Schakowsky, Ms. Bonamici, Ms.
Adams, Ms. Castor of Florida, Mr. Morelle, Ms. Omar, Mr. Larson of
Connecticut, Mrs. Hayes, and Ms. Pingree) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To amend the Occupational Safety and Health Act of 1970 to expand
coverage under the Act, to increase protections for whistleblowers, to
increase penalties for high gravity violations, to adjust penalties for
inflation, to provide rights for victims or their family members, 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
America's Workers Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EMPLOYEE
REPRESENTATIVES, VOLUNTARY EMERGENCY RESPONDERS, AND APPLICATION OF ACT
Sec. 101. Coverage of public employees.
Sec. 102. Authorized employee representatives.
Sec. 103. Application of Act.
TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS
Sec. 201. Enhanced protections from retaliation.
TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT
Part A--Duties and Standards
Sec. 301. General duty of employers.
Sec. 302. Occupational safety and health standards.
Part B--Inspections, Investigations, and Recordkeeping
Sec. 311. Posting of employee rights.
Sec. 312. Employer reporting of work-related injuries, illness, deaths,
and hospitalizations; prohibition on
discouraging employee reporting.
Sec. 313. No loss of employee pay for inspections.
Sec. 314. Investigations of fatalities and significant incidents.
Sec. 315. Recordkeeping.
Part C--Citations
Sec. 321. Period for issuance of a citation.
Sec. 322. Prohibition on unclassified citations.
Part D--Rights of Victims and Families
Sec. 331. Rights of Victims and Families.
Part E--Procedure for Enforcement
Sec. 341. Right to contest citations and penalties.
Sec. 342. Correction of serious, willful, or repeated violations
pending contest and procedures for a stay.
Sec. 343. Inaction by the Review Commission.
Sec. 344. Conforming amendments.
Part F--Penalties
Sec. 351. Civil penalties.
Sec. 352. Criminal penalties.
Sec. 353. Prejudgment interest.
TITLE IV--STATE PLANS
Sec. 401. Concurrent enforcement authority and review of State
occupational safety and health plans.
Sec. 402. Evaluation of repeated violations in State plans.
TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
Sec. 501. Health hazard evaluations by the National Institute for
Occupational Safety and Health.
Sec. 502. Training and employee education.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--COVERAGE OF PUBLIC EMPLOYEES, AUTHORIZED EMPLOYEE
REPRESENTATIVES, VOLUNTARY EMERGENCY RESPONDERS, AND APPLICATION OF ACT
SEC. 101. COVERAGE OF PUBLIC EMPLOYEES.
(a) In General.--Section 3(5) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 652(5)) is amended by striking ``but does not
include'' and all that follows through the period at the end and
inserting ``including the United States, a State, or a political
subdivision of a State.''.
(b) Construction.--Nothing in this Act shall be construed to affect
the application of section 18 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 667).
SEC. 102. AUTHORIZED EMPLOYEE REPRESENTATIVES.
Section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) is amended by adding at the end the following:
``(15) Authorized employee representative.--The term
`authorized employee representative'--
``(A) means any person or organization that for the
purposes of this Act represents not less than one
employee at an establishment, factory, plant,
construction site, or other workplace, or other
environment where work is performed by an employee for
an employer; and
``(B) includes a representative authorized by
employees, a representative of employees, or any other
representative of an employee under this Act.''.
SEC. 103. APPLICATION OF ACT.
Section 4(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653(b)(1)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) If a Federal agency has promulgated and is enforcing a
standard or regulation affecting occupational safety or health of some
or all of the employees within that agency's regulatory jurisdiction,
and the Secretary determines that such a standard or regulation as
promulgated and the manner in which the standard or regulation is being
enforced provides protection to those employees that is at least as
effective as the protection provided to those employees by this Act and
the Secretary's enforcement of this Act, the Secretary may publish a
certification notice in the Federal Register. The notice shall set
forth that determination and the reasons for the determination and
certify that the Secretary has ceded jurisdiction to that Federal
agency with respect to the specified standard or regulation affecting
occupational safety or health. In determining whether to cede
jurisdiction to a Federal agency, the Secretary shall seek to avoid
duplication of, and conflicts between, health and safety requirements.
Such certification shall remain in effect unless and until rescinded by
the Secretary.
``(2) The Secretary shall, by regulation, establish procedures by
which any person who may be adversely affected by a decision of the
Secretary certifying that the Secretary has ceded jurisdiction to
another Federal agency pursuant to paragraph (1) may petition the
Secretary to rescind a certification notice under such paragraph. Upon
receipt of such a petition, the Secretary shall investigate the matter
involved and shall, not later than 90 days after the receipt of the
petition, publish a decision with respect to the petition in the
Federal Register.
``(3) Any person who may be adversely affected by--
``(A) a decision of the Secretary certifying that the
Secretary has ceded jurisdiction to another Federal agency
pursuant to paragraph (1); or
``(B) a decision of the Secretary denying a petition to
rescind such a certification notice under paragraph (1),
may, not later than 60 days after such decision is published in the
Federal Register, file a petition challenging such decision with the
United States Court of Appeals for the circuit in which such person
resides or such person has a principal place of business, for judicial
review of such decision. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary. The Secretary's
decision shall be set aside if found to be arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with law.
``(4) Nothing in this Act shall apply to working conditions covered
by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et
seq.).''.
TITLE II--INCREASING WHISTLEBLOWER PROTECTIONS
SEC. 201. ENHANCED PROTECTIONS FROM RETALIATION.
(a) Employee Actions.--Section 11(c)(1) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
(1) by striking ``discharge'' and all that follows through
``because such'' and inserting the following: ``discharge or
cause to be discharged, or in any manner discriminate against
or cause to be discriminated against, any employee because--
``(A) such'';
(2) by striking ``this Act or has'' and inserting the
following: ``this Act;
``(B) such employee has'';
(3) by striking ``in any such proceeding or because of the
exercise'' and inserting the following: ``before Congress or in
any Federal or State proceeding related to safety or health;
``(C) such employee has refused to violate any provision of
this Act; or
``(D) of the exercise''; and
(4) by inserting before the period at the end the
following: ``, including the reporting of any injury, illness,
or unsafe condition to the employer, agent of the employer,
safety and health committee involved, or employee safety and
health representative involved''.
(b) Prohibition of Retaliation.--Section 11(c) of such Act (29
U.S.C. 660(c)) is amended by striking paragraph (2) and inserting the
following:
``(2) Prohibition of Retaliation.--(A) No person shall discharge,
or cause to be discharged, or in any manner discriminate against, or
cause to be discriminated against, an employee for refusing to perform
the employee's duties if the employee has a reasonable apprehension
that performing such duties would result in serious injury to, or
serious impairment of the health of, the employee or other employees.
``(B) For purposes of subparagraph (A), the circumstances causing
the employee's good-faith belief that performing such duties would pose
a safety or health hazard shall be of such a nature that a reasonable
person, under the circumstances confronting the employee, would
conclude that there is such a hazard. In order to qualify for
protection under this paragraph, the employee, when practicable, shall
have communicated or attempted to communicate the safety or health
concern to the employer and have not received from the employer a
response reasonably calculated to allay such concern.''.
(c) Procedure.--Section 11(c) of such Act (29 U.S.C. 660(c)) is
amended by striking paragraph (3) and inserting the following:
``(3) Complaint.--Any employee who believes that the employee has
been discharged, disciplined, or otherwise discriminated against by any
person in violation of paragraph (1) or (2) may seek relief for such
violation by filing a complaint with the Secretary under paragraph (5).
``(4) Statute of Limitations.--
``(A) In general.--An employee may take the action
permitted by paragraph (3) not later than 180 days after the
later of--
``(i) the date on which an alleged violation of
paragraph (1) or (2) occurs; or
``(ii) the date on which the employee knows or
should reasonably have known that such alleged
violation occurred.
``(B) Repeat violation.--Except in cases when the employee
has been discharged, a violation of paragraph (1) or (2) shall
be considered to have occurred on the last date an alleged
repeat violation occurred.
``(5) Investigation.--
``(A) In general.--An employee may, within the time period
required under paragraph (4)(A), file a complaint with the
Secretary alleging a violation of paragraph (1) or (2). If the
complaint alleges a prima facie case, the Secretary shall
conduct an investigation of the allegations in the complaint,
which--
``(i) shall include--
``(I) interviewing the complainant;
``(II) providing the respondent an
opportunity to--
``(aa) submit to the Secretary a
written response to the complaint; and
``(bb) meet with the Secretary to
present statements from witnesses or
provide evidence; and
``(III) providing the complainant an
opportunity to--
``(aa) receive any statements or
evidence provided to the Secretary;
``(bb) meet with the Secretary; and
``(cc) rebut any statements or
evidence; and
``(ii) may include issuing subpoenas for the
purposes of such investigation.
``(B) Decision.--Not later than 90 days after the filing of
the complaint, the Secretary shall--
``(i) determine whether reasonable cause exists to
believe that a violation of paragraph (1) or (2) has
occurred; and
``(ii) issue a decision granting or denying relief.
``(6) Preliminary Order Following Investigation.--If, after
completion of an investigation under paragraph (5)(A), the Secretary
finds reasonable cause to believe that a violation of paragraph (1) or
(2) has occurred, the Secretary shall issue a preliminary order
providing relief authorized under paragraph (14) at the same time the
Secretary issues a decision under paragraph (5)(B). If a de novo
hearing is not requested within the time period required under
paragraph (7)(A)(i), such preliminary order shall be deemed a final
order of the Secretary and is not subject to judicial review.
``(7) Hearing.--
``(A) Request for hearing.--
``(i) In general.--A de novo hearing on the record
before an administrative law judge may be requested--
``(I) by the complainant or respondent
within 30 days after receiving notification of
a decision granting or denying relief issued
under paragraph (5)(B) or a preliminary order
under paragraph (6), respectively;
``(II) by the complainant within 30 days
after the date the complaint is dismissed
without investigation by the Secretary under
paragraph (5)(A); or
``(III) by the complainant within 120 days
after the date of filing the complaint, if the
Secretary has not issued a decision under
paragraph (5)(B).
``(ii) Reinstatement order.--The request for a
hearing shall not operate to stay any preliminary
reinstatement order issued under paragraph (6).
``(B) Procedures.--
``(i) In general.--A hearing requested under this
paragraph shall be conducted expeditiously and in
accordance with rules established by the Secretary for
hearings conducted by administrative law judges.
``(ii) Subpoenas; production of evidence.--In
conducting any such hearing, the administrative law
judge may issue subpoenas. The respondent or
complainant may request the issuance of subpoenas that
require the deposition of, or the attendance and
testimony of, witnesses and the production of any
evidence (including any books, papers, documents, or
recordings) relating to the matter under consideration.
``(iii) Decision.--The administrative law judge
shall issue a decision not later than 90 days after the
date on which a hearing was requested under this
paragraph and promptly notify, in writing, the parties
and the Secretary of such decision, including the
findings of fact and conclusions of law. If the
administrative law judge finds that a violation of
paragraph (1) or (2) has occurred, the judge shall
issue an order for relief under paragraph (14). If
review under paragraph (8) is not timely requested,
such order shall be deemed a final order of the
Secretary that is not subject to judicial review.
``(8) Administrative Appeal.--
``(A) In general.--Not later than 30 days after the date of
notification of a decision and order issued by an
administrative law judge under paragraph (7), the complainant
or respondent may file, with objections, an administrative
appeal with an administrative review body designated by the
Secretary (referred to in this paragraph as the `review
board').
``(B) Standard of review.--In reviewing the decision and
order of the administrative law judge, the review board shall
affirm the decision and order if it is determined that the
factual findings set forth therein are supported by substantial
evidence and the decision and order are made in accordance with
applicable law.
``(C) Decisions.--If the review board grants an
administrative appeal, the review board shall issue a final
decision and order affirming or reversing, in whole or in part,
the decision under review by not later than 90 days after
receipt of the administrative appeal. If it is determined that
a violation of paragraph (1) or (2) has occurred, the review
board shall issue a final decision and order providing relief
authorized under paragraph (14). Such decision and order shall
constitute final agency action with respect to the matter
appealed.
``(9) Settlement in the Administrative Process.--
``(A) In general.--At any time before issuance of a final
order, an investigation or proceeding under this subsection may
be terminated on the basis of a settlement agreement entered
into by the parties.
``(B) Public policy considerations.--Neither the Secretary,
an administrative law judge, nor the review board conducting a
hearing under this subsection shall accept a settlement that
contains conditions conflicting with the rights protected under
this Act or that are contrary to public policy, including a
restriction on a complainant's right to future employment with
employers other than the specific employers named in a
complaint.
``(10) Inaction by the Review Board or Administrative Law Judge.--
``(A) In general.--The complainant may bring a de novo
action described in subparagraph (B) if--
``(i) an administrative law judge has not issued a
decision and order within the 90-day time period
required under paragraph (7)(B)(iii); or
``(ii) the review board has not issued a decision
and order within the 90-day time period required under
paragraph (8)(C).
``(B) De novo action.--Such de novo action may be brought
at law or equity in the United States district court for the
district where a violation of paragraph (1) or (2) allegedly
occurred or where the complainant resided on the date of such
alleged violation. The court shall have jurisdiction over such
action without regard to the amount in controversy and to order
appropriate relief under paragraph (14). Such action shall, at
the request of either party to such action, be tried by the
court with a jury.
``(11) Judicial Review.--
``(A) Timely appeal to the court of appeals.--Any party
adversely affected or aggrieved by a final decision and order
issued under this subsection may obtain review of such decision
and order in the United States Court of Appeals for the circuit
where the violation, with respect to which such final decision
and order was issued, allegedly occurred or where the
complainant resided on the date of such alleged violation. To
obtain such review, a party shall file a petition for review
not later than 60 days after the final decision and order was
issued. Such review shall conform to chapter 7 of title 5,
United States Code. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate as
a stay of the final decision and order.
``(B) Limitation on collateral attack.--An order and
decision with respect to which review may be obtained under
subparagraph (A) shall not be subject to judicial review in any
criminal or other civil proceeding.
``(12) Enforcement of Order.--If a respondent fails to comply with
an order issued under this subsection, the Secretary or the complainant
on whose behalf the order was issued may file a civil action for
enforcement in the United States district court for the district in
which the violation was found to occur to enforce such order. If both
the Secretary and the complainant file such action, the action of the
Secretary shall take precedence. The district court shall have
jurisdiction to grant all appropriate relief described in paragraph
(14).
``(13) Burdens of Proof.--
``(A) Criteria for determination.--In making a
determination or adjudicating a complaint pursuant to this
subsection, the Secretary, administrative law judge, review
board, or a court may determine that a violation of paragraph
(1) or (2) has occurred only if the complainant demonstrates
that any conduct described in paragraph (1) or (2) with respect
to the complainant was a contributing factor in the adverse
action alleged in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph (A), a
decision or order that is favorable to the complainant shall
not be issued in any administrative or judicial action pursuant
to this subsection if the respondent demonstrates by clear and
convincing evidence that the respondent would have taken the
same adverse action in the absence of such conduct.
``(14) Relief.--
``(A) Order for relief.--If the Secretary, administrative
law judge, review board, or a court determines that a violation
of paragraph (1) or (2) has occurred, the Secretary,
administrative law judge, review board, or court, respectively,
shall have jurisdiction to order all appropriate relief,
including injunctive relief, compensatory and exemplary
damages, including--
``(i) affirmative action to abate the violation;
``(ii) reinstatement without loss of position or
seniority, and restoration of the terms, rights,
conditions, and privileges associated with the
complainant's employment, including opportunities for
promotions to positions with equivalent or better
compensation for which the complainant is qualified;
``(iii) compensatory and consequential damages
sufficient to make the complainant whole (including
back pay, prejudgment interest, and other damages); and
``(iv) expungement of all warnings, reprimands, or
derogatory references that have been placed in paper or
electronic records or databases of any type relating to
the actions by the complainant that gave rise to the
unfavorable personnel action, and, at the complainant's
direction, transmission of a copy of the decision on
the complaint to any person whom the complainant
reasonably believes may have received such unfavorable
information.
``(B) Attorneys' fees and costs.--If the Secretary or an
administrative law judge, review board, or court grants an
order for relief under subparagraph (A), the Secretary,
administrative law judge, review board, or court, respectively,
shall assess, at the request of the employee against the
employer--
``(i) reasonable attorneys' fees; and
``(ii) costs (including expert witness fees)
reasonably incurred, as determined by the Secretary,
administrative law judge, review board, or court,
respectively, in connection with bringing the complaint
upon which the order was issued.
``(15) Procedural Rights.--The rights and remedies provided for in
this subsection may not be waived by any agreement, policy, form, or
condition of employment, including by any pre-dispute arbitration
agreement or collective bargaining agreement.
``(16) Savings.--Nothing in this subsection shall be construed to
diminish the rights, privileges, or remedies of any employee who
exercises rights under any Federal or State law or common law, or under
any collective bargaining agreement.
``(17) Election of Venue.--
``(A) In general.--An employee of an employer who is
located in a State that has a State plan approved under section
18 may file a complaint alleging a violation of paragraph (1)
or (2) by such employer with--
``(i) the Secretary under paragraph (5); or
``(ii) a State plan administrator in such State.
``(B) Referrals.--If--
``(i) the Secretary receives a complaint pursuant
to subparagraph (A)(i), the Secretary shall not refer
such complaint to a State plan administrator for
resolution; or
``(ii) a State plan administrator receives a
complaint pursuant to subparagraph (A)(ii), the State
plan administrator shall not refer such complaint to
the Secretary for resolution.''.
(d) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C.
666(j)) is amended by inserting before the period the following: ``,
including the history of violations under section 11(c)''.
TITLE III--IMPROVING REPORTING, INSPECTION, AND ENFORCEMENT
PART A--DUTIES AND STANDARDS
SEC. 301. GENERAL DUTY OF EMPLOYERS.
Section 5 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 654(a)(1)) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) shall furnish employment and a place of employment
that are free from recognized hazards that are causing or are
likely to cause death or serious physical harm and that the
employer creates or controls or to which the employer exposes
any employee of the employer or any other person performing
work at the place of employment; and''; and
(2) by adding at the end the following new subsection:
``(c) Each employee or other person exposed to a hazard in
violation of subsection (a) may constitute a separate violation.''.
SEC. 302. OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
Section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655) is amended--
(1) in subsection (a)--
(A) by striking ``Without regard'' and inserting
``(1) Without regard'';
(B) by striking ``chapter 5'' and inserting
``chapters 5 and 6'';
(C) by striking ``shall, as soon as practicable''
and inserting the following: ``shall--
``(A) as soon as practicable'';
(D) by striking ``In the'' and inserting the
following:
``(2) In the'';
(E) by striking ``designated employees.'' and
inserting ``designated employees; and'';
(F) by adding after paragraph (1) (as designated by
subparagraph (A)) the following:
``(B) not later than 2 years after the effective
date of section 601(a) of the Protecting America's
Workers Act, by rule update any national consensus
standard that has been promulgated or incorporated by
reference pursuant to this subsection, except that such
a standard shall not be updated pursuant to this
subparagraph, if--
``(i) the standard has been superseded by a
standard promulgated pursuant to subsection
(b); or
``(ii) the Secretary determines such update
would not result in improved health or safety
for specifically designated employees.''; and
(G) in paragraph (2) (as designated by subparagraph
(D)), by inserting ``including national consensus
standards, or in the event of a consolidation of
national consensus standards,'' after ``conflict among
any such standards,''; and
(2) by adding at the end the following:
``(h) No standard, rule, or regulation promulgated under this Act
shall reduce the protection afforded by an existing health or safety
standard, rule, regulation, or national consensus standard.''.
PART B--INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING
SEC. 311. POSTING OF EMPLOYEE RIGHTS.
Section 8(c)(1) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 657(c)(1)) is amended by adding at the end the following new
sentence: ``Such regulations shall include provisions requiring
employers to post for employees information on the protections afforded
under section 11(c).''.
SEC. 312. EMPLOYER REPORTING OF WORK-RELATED INJURIES, ILLNESS, DEATHS,
AND HOSPITALIZATIONS; PROHIBITION ON DISCOURAGING
EMPLOYEE REPORTING.
Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is amended by
adding at the end the following: ``Such regulations shall contain the
following:
``(A) A requirement that employers promptly notify the
Secretary of any work-related death or work-related injury or
illness that results in the in-patient hospitalization of any
employee for medical treatment, amputation, or loss of an eye.
``(B) A prohibition on the adoption or implementation by
employers of policies or practices that have the effect of
discouraging accurate recordkeeping and the reporting of work-
related injuries or illnesses by any employee, or in any manner
discriminates or provides for adverse action against any
employee for reporting a work-related injury or illness.
``(C) A requirement that, at a minimum, employers subject
to the requirements of sections 1904.41 and 1902.7(d) of title
29, Code of Federal Regulations (as amended by the final
regulations of the Department of Labor published in the Federal
Register on May 12, 2016 (81 Fed. Reg. 29624 et seq.)) shall,
on at least an annual basis, electronically report to the
Secretary information from the records of work-related deaths,
injuries, and illnesses required to be made and maintained
under this paragraph, which shall include the information
required to be made and maintained in accordance with such
sections 1904.41 and 1902.7(d), and a requirement that the
Secretary make such reports available to the public in a
searchable format.
``(D) A requirement that each site-controlling employer
keep, maintain, and make available a site log for all
recordable injuries and illnesses occurring for any employee at
each work site for which the employer is the site-controlling
employer, including employees of the site-controlling employer
and others who are performing work at such site (including
independent contractors). For purposes of this subparagraph,
the term `site-controlling employer' means the employer that
has primary control over a work site at which employees of more
than one employer work, such as by hiring or coordinating the
work of other employers working at the site.''.
SEC. 313. NO LOSS OF EMPLOYEE PAY FOR INSPECTIONS.
Section 8(e) of such Act (29 U.S.C. 657(e)) is amended by inserting
after the first sentence the following: ``Time spent by an employee
participating in or aiding any such inspection shall be deemed to be
hours worked and no employee shall suffer any loss of wages, benefits,
or other terms and conditions of employment for having participated in
or aided any such inspection.''.
SEC. 314. INVESTIGATIONS OF FATALITIES AND SIGNIFICANT INCIDENTS.
Section 8 of such Act (29 U.S.C. 657), as amended by sections 311
through 313, is further amended by adding at the end the following new
subsection:
``(i) Investigation of Fatalities and Serious Incidents.--
``(1) In general.--The Secretary shall investigate any
significant incident or an incident resulting in death that
occurs in a place of employment.
``(2) Evidence preservation.--If a significant incident or
an incident resulting in death occurs in a place of employment,
the employer shall promptly notify the Secretary of the
incident involved and shall take appropriate measures to
prevent the destruction or alteration of any evidence that
would assist in investigating the incident. The appropriate
measures required by this paragraph do not prevent an employer
from taking action on a worksite to prevent injury to employees
or substantial damage to property or to avoid disruption of
essential services necessary to public safety, provided that if
an employer takes such action, the employer shall notify the
Secretary of the action in a timely fashion.
``(3) Definitions.--In this subsection:
``(A) Incident resulting in death.--The term
`incident resulting in death' means an incident that
results in the death of an employee.
``(B) Significant incident.--The term `significant
incident' means an incident that results in the in-
patient hospitalization of 2 or more employees for
medical treatment.''.
SEC. 315. RECORDKEEPING.
(a) Rule Required.--Not later than 180 days after the date of
enactment of this Act, the Occupational Safety and Health
Administration shall issue a final rule amending its recordkeeping
regulations under section 8(c) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657(c)) to clarify that--
(1) the duty to make and maintain accurate records of work-
related injuries and illnesses is an ongoing obligation;
(2) the duty to make and maintain such records continues
for as long as the employer is required to keep records of the
recordable injury or illness; and
(3) such duty does not expire solely because the employer
fails to create the necessary records when first required to do
so.
(b) Authorization.--Subsection (a) shall be considered a specific
authorization by Congress in accordance with section 801(b)(2) of title
5, United States Code, with respect to the issuance of a new
recordkeeping rule.
PART C--CITATIONS
SEC. 321. PERIOD FOR ISSUANCE OF A CITATION.
Section 9(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658(c)) is amended by adding at the end the following: ``For
purposes of this subsection, a violation continues to occur for as long
as an employer has not satisfied the requirements, rules, standards,
orders, and regulations referenced in subsection (a).''.
SEC. 322. PROHIBITION ON UNCLASSIFIED CITATIONS.
Section 9 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658) is further amended by adding at the end the following:
``(d) No citation for a violation of this Act may be issued,
modified, or settled under this section without a designation
enumerated in section 17 with respect to such violation.''.
PART D--RIGHTS OF VICTIMS AND FAMILIES
SEC. 331. RIGHTS OF VICTIMS AND FAMILIES.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) is amended by inserting after section 9 (29 U.S.C. 658) the
following:
``SEC. 9A. VICTIMS' RIGHTS.
``(a) Rights Before the Secretary.--A victim or the representative
of a victim, shall be afforded the right, with respect to an inspection
or investigation conducted under section 8 to--
``(1) meet with the Secretary regarding the inspection or
investigation conducted under such section before the
Secretary's decision to issue a citation or take no action;
``(2) receive, at no cost, a copy of any citation or
report, issued as a result of such inspection or investigation,
at the same time as the employer receives such citation or
report;
``(3) be informed of any notice of contest or addition of
parties to the proceedings filed under section 10(c); and
``(4) be provided notification of the date and time or any
proceedings, service of pleadings, and other relevant
documents, and an explanation of the rights of the employer,
employee and employee representative, and victim to participate
in proceedings conducted under section 10(c).
``(b) Rights Before the Commission.--Upon request, a victim or
representative of a victim shall be afforded the right with respect to
a work-related bodily injury or death to--
``(1) be notified of the time and date of any proceeding
before the Commission;
``(2) receive pleadings and any decisions relating to the
proceedings; and
``(3) be provided an opportunity to appear and make a
statement in accordance with the rules prescribed by the
Commission.
``(c) Modification of Citation.--Before entering into an agreement
to withdraw or modify a citation issued as a result of an inspection or
investigation of an incident under section 8, the Secretary shall
notify a victim or representative of a victim and provide the victim or
representative of a victim with an opportunity to appear and make a
statement before the parties conducting settlement negotiations. In
lieu of an appearance, the victim or representative of the victim may
elect to submit a letter to the Secretary and the parties.
``(d) Secretary Procedures.--The Secretary shall establish
procedures--
``(1) to inform victims of their rights under this section;
and
``(2) for the informal review of any claim of a denial of
such a right.
``(e) Commission Procedures and Considerations.--The Commission
shall--
``(1) establish procedures relating to the rights of
victims to be heard in proceedings before the Commission; and
``(2) in rendering any decision, provide due consideration
to any statement or information provided by any victim before
the Commission.
``(f) Family Liaisons.--The Secretary shall designate at least 1
employee at each area office of the Occupational Safety and Health
Administration to serve as a family liaison to--
``(1) keep victims informed of the status of
investigations, enforcement actions, and settlement
negotiations; and
``(2) assist victims in asserting their rights under this
section.
``(g) Definition.--In this section, the term `victim' means--
``(1) an employee, including a former employee, who has
sustained a work-related injury or illness that is the subject
of an inspection or investigation conducted under section 8; or
``(2) a family member (as further defined by the Secretary)
of a victim described in paragraph (1), if--
``(A) the victim dies as a result of an incident
that is the subject of an inspection or investigation
conducted under section 8; or
``(B) the victim sustains a work-related injury or
illness that is the subject of an inspection or
investigation conducted under section 8, and the victim
because of incapacity cannot reasonably exercise the
rights under this section.''.
PART E--PROCEDURE FOR ENFORCEMENT
SEC. 341. RIGHT TO CONTEST CITATIONS AND PENALTIES.
Section 10(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659(c)) is amended--
(1) in the first sentence--
(A) by inserting after ``that he intends to contest
a citation issued under section (9)'' the following:
``(or a modification of a citation issued under this
section)'';
(B) by inserting after ``the issuance of a citation
under section 9'' the following: ``(including a
modification of a citation issued under such
section)''; and
(C) by inserting after ``files a notice with the
Secretary alleging'' the following: ``that the citation
fails properly to designate the violation as serious,
willful, or repeated, that the proposed penalty is not
adequate, or'';
(2) by inserting after the first sentence, the following:
``The pendency of a contest before the Commission shall not bar
the Secretary from inspecting a place of employment or from
issuing a citation under section 9.''; and
(3) by amending the last sentence--
(A) by inserting ``employers and'' after
``Commission shall provide''; and
(B) by inserting before the period at the end ``,
and notification of any modification of a citation''.
SEC. 342. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS
PENDING CONTEST AND PROCEDURES FOR A STAY.
Section 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659) is further amended by adding at the end the following:
``(d) Correction of Serious, Willful, or Repeated Violations
Pending Contest and Procedures for a Stay.--
``(1) Period permitted for correction of serious, willful,
or repeated violations.--For each violation which the Secretary
designates as serious, willful, or repeated, the period
permitted for the correction of the violation shall begin to
run upon receipt of the citation.
``(2) Filing of a motion of contest.--The filing of a
notice of contest by an employer--
``(A) shall not operate as a stay of the period for
correction of a violation designated as serious,
willful, or repeated; and
``(B) may operate as a stay of the period for
correction of a violation not designated by the
Secretary as serious, willful, or repeated.
``(3) Criteria and rules of procedure for stays.--
``(A) Motion for a stay.--An employer that receives
a citation alleging a violation designated as serious,
willful, or repeated and that files a notice of contest
to the citation asserting that the time set for
abatement of the alleged violation is unreasonable or
challenging the existence of the alleged violation may
file with the Commission a motion to stay the period
for the abatement of the violation.
``(B) Criteria.--In determining whether a stay
should be issued on the basis of a motion filed under
subparagraph (A), the Commission may grant a stay only
if the employer has demonstrated--
``(i) a substantial likelihood of success
on the areas contested under subparagraph (A);
and
``(ii) that a stay will not adversely
affect the health and safety of workers.
``(C) Rules of procedure.--The Commission shall
develop rules of procedure for conducting a hearing on
a motion filed under subparagraph (A) on an expedited
basis. At a minimum, such rules shall provide:
``(i) That a hearing before an
administrative law judge shall occur not later
than 15 days following the filing of the motion
for a stay (unless extended at the request of
the employer), and shall provide for a decision
on the motion not later than 15 days following
the hearing (unless extended at the request of
the employer).
``(ii) That a decision of an administrative
law judge on a motion for stay is rendered on a
timely basis.
``(iii) That if a party is aggrieved by a
decision issued by an administrative law judge
regarding the stay, such party has the right to
file an objection with the Commission not later
than 5 days after receipt of the administrative
law judge's decision. Within 10 days after
receipt of the objection, a Commissioner, if a
quorum is seated pursuant to section 12(f),
shall decide whether to grant review of the
objection. If, within 10 days after receipt of
the objection, no decision is made on whether
to review the decision of the administrative
law judge, the Commission declines to review
such decision, or no quorum is seated, the
decision of the administrative law judge shall
become a final order of the Commission. If the
Commission grants review of the objection, the
Commission shall issue a decision regarding the
stay not later than 30 days after receipt of
the objection. If the Commission fails to issue
such decision within 30 days, the decision of
the administrative law judge shall become a
final order of the Commission.
``(iv) For notification to employees or
representatives of affected employees of
requests for such hearings and shall provide
affected employees or representatives of
affected employees an opportunity to
participate as parties to such hearings.''.
SEC. 343. INACTION BY THE REVIEW COMMISSION.
Section 10 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 659), as amended by sections 341 and 342, is further amended by
adding at the end the following:
``(e) Inaction by Review Commission.--
``(1) In general.--A decision or order issued by an
administrative law judge of the Commission for which a petition
for review has been filed in a timely manner, and for which 1
year after the Commission has accepted such petition and
directed that such petition be reviewed by the Commission, the
Commission has failed to issue a final decision or order
because the Commission lacks a quorum--
``(A) shall be deemed a final decision or order of
the Commission; and
``(B) may be appealed pursuant to section 11(a).
``(2) Exception.--Paragraph (1) shall not apply with
respect to motions to stay filed under subsection (d)(3).''.
SEC. 344. CONFORMING AMENDMENTS.
(a) Violations Designated as Serious, Willful, or Repeated.--The
first sentence of section 10(b) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``, with the
exception of violations designated as serious, willful, or repeated,''
after ``(which period shall not begin to run''.
(b) Judicial Review.--The first sentence of section 11(a) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 660(a)) is
amended--
(1) by inserting ``(or the failure of the Commission,
including an administrative law judge, to make a timely
decision on a petition for a stay or other review)'' after ``an
order'';
(2) by striking ``subsection (c)'' and inserting
``subsection (c), (d), or (e)''; and
(3) by inserting ``(or in the case of a petition from a
final Commission order regarding a stay under section 10(d), 15
days)'' after ``sixty days''.
(c) Failure To Correct Violations.--Section 17(d) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(d)) is
amended to read as follows:
``(d) Any employer who fails to correct a violation designated by
the Secretary as serious, willful, or repeated and for which a citation
has been issued under section 9(a) within the period permitted for its
correction (and a stay has not been issued by the Commission under
section 10(d)) may be assessed a civil penalty of not more than $7,000
for each day during which such failure or violation continues. Any
employer who fails to correct any other violation for which a citation
has been issued under section 9(a) of this title within the period
permitted for its correction (which period shall not begin to run until
the date of the final order of the Commission in the case of any review
proceeding under section 10 initiated by the employer in good faith and
not solely for delay of avoidance of penalties) may be assessed a civil
penalty of not more than $7,000 for each day during which such failure
or violation continues.''.
PART F--PENALTIES
SEC. 351. CIVIL PENALTIES.
(a) In General.--Section 17 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 666) is further amended--
(1) in subsection (a)--
(A) by striking ``$70,000'' and inserting
``$700,000'';
(B) by striking ``$5,000'' and inserting
``$50,000''; and
(C) by adding at the end the following: ``In
determining whether a violation is repeated, the
Secretary or the Commission shall consider the
employer's history of violations under this Act and
under State occupational safety and health plans
established under section 18.'';
(2) in subsection (b), by striking ``$7,000'' and inserting
``$70,000'';
(3) in subsection (c), by striking ``$7,000'' and inserting
``$15,625'';
(4) in subsection (d), as amended by section 344(c), by
striking ``$7,000'' inserting ``$70,000'';
(5) by redesignating subsections (e) through (i) and
subsections (j) through (l), as subsections (f) through (j) and
subsections (l) through (n), respectively; and
(6) in subsection (j) (as so redesignated) by striking
``$7,000'' and inserting ``$15,625''.
(b) Inflation Adjustment.--Section 17 of such Act (29 U.S.C. 666),
as amended by subsection (a), is further amended by inserting after
subsection (d) the following:
``(e) Amounts provided under this section for civil penalties shall
be adjusted by the Secretary once each year, not later than January 15
of such year, to account for the percentage increase or decrease in the
Consumer Price Index for all urban consumers during such period,
consistent with the requirements of the Federal Civil Penalties
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).''.
SEC. 352. CRIMINAL PENALTIES.
(a) In General.--Section 17 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 666) (as amended by section 351) is further
amended--
(1) by amending subsection (f) (as redesignated by section
351(a)(5)) to read as follows:
``(f)(1) Any employer who knowingly violates any standard, rule, or
order promulgated under section 6 of this Act, or of any regulation
prescribed under this Act, and that violation caused or significantly
contributed to the death of any employee, shall, upon conviction, be
punished by a fine in accordance with title 18, United States Code, or
by imprisonment for not more than 10 years, or both, except that if the
conviction is for a violation committed after a first conviction of
such person under this subsection or subsection (i), punishment shall
be by a fine in accordance title 18, United States Code, or by
imprisonment for not more than 20 years, or by both.
``(2) For the purpose of this subsection, the term `employer'
means, in addition to the definition contained in section 3 of this
Act, any officer or director.'';
(2) by amending subsection (g) (as redesignated by section
351(a)(5)) to read as follows:
``(g) Unless otherwise authorized by this Act, any person that
knowingly gives, causes to give, or attempts to give or cause to give,
advance notice of any inspection conducted under this Act with the
intention of impeding, interfering with, or adversely affecting the
results of such inspection, shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.'';
(3) in subsection (h) (as redesignated by section
351(a)(5)), by striking ``fine of not more than $10,000, or by
imprisonment for not more than six months,'' and inserting
``fine in accordance with title 18, United States Code, or by
imprisonment for not more than 5 years,''; and
(4) by inserting after subsection (j) (as redesignated by
section 351(a)(5)) the following:
``(k)(1) Any employer who knowingly violates any standard, rule, or
order promulgated under section 6, or any regulation prescribed under
this Act, and that violation caused or significantly contributed to
serious bodily harm to any employee but does not cause death to any
employee, shall, upon conviction, be punished by a fine in accordance
with title 18, United States Code, or by imprisonment for not more than
5 years, or by both, except that if the conviction is for a violation
committed after a first conviction of such person under this subsection
or subsection (e), punishment shall be by a fine in accordance with
title 18, United States Code, or by imprisonment for not more than 10
years, or by both.
``(2) For the purpose of this subsection, the term `employer'
means, in addition to the definition contained in section 3 of this
Act, any officer or director.
``(3) For purposes of this subsection, the term `serious bodily
harm' means bodily injury or illness that involves--
``(A) a substantial risk of death;
``(B) protracted unconsciousness;
``(C) protracted and obvious physical disfigurement; or
``(D) protracted loss or impairment, either temporary or
permanent, of the function of a bodily member, organ, or mental
faculty.''.
(b) Jurisdiction for Prosecution Under State and Local Criminal
Laws.--Such section 17 (29 U.S.C. 666) is further amended by adding at
the end the following:
``(o) Nothing in this Act shall preclude a State or local law
enforcement agency from conducting criminal prosecutions in accordance
with the laws of such State or locality.''.
SEC. 353. PREJUDGMENT INTEREST.
Section 17(n) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 666(n)) (as redesignated by section 351(a)(5)) is amended by
adding at the end the following: ``Pre-final order interest on such
penalties shall begin to accrue on the date the party contests a
citation issued under this Act, and shall end upon the issuance of the
final order. Such pre-final order interest shall be calculated at the
current underpayment rate determined by the Secretary of the Treasury
pursuant to section 6621 of the Internal Revenue Code of 1986, and
shall be compounded daily. Post-final order interest shall begin to
accrue 30 days after the date a final order of the Commission or the
court is issued, and shall be charged at the rate of 8 percent per
year.''.
TITLE IV--STATE PLANS
SEC. 401. CONCURRENT ENFORCEMENT AUTHORITY AND REVIEW OF STATE
OCCUPATIONAL SAFETY AND HEALTH PLANS.
Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 668) is amended--
(1) by amending subsection (f) to read as follows:
``(f)(1) The Secretary shall, on the basis of reports submitted by
the State agency and the Secretary's own inspections, make a continuing
evaluation of the manner in which each State that has a plan approved
under this section is carrying out such plan. Such evaluation shall
include an assessment of whether the State continues to meet the
requirements of subsection (c) of this section and any other criteria
or indices of effectiveness specified by the Secretary in regulations.
Whenever the Secretary finds, on the basis of such evaluation, that in
the administration of the State plan there is a failure to comply
substantially with any provision of the State plan (or any assurance
contained therein), the Secretary shall make an initial determination
of whether the failure is of such a nature that the plan should be
withdrawn or whether the failure is of such a nature that the State
should be given the opportunity to remedy the deficiencies, and provide
notice of the Secretary's findings and initial determination.
``(2) If the Secretary makes an initial determination to reassert
and exercise concurrent enforcement authority while the State is given
an opportunity to remedy the deficiencies, the Secretary shall afford
the State an opportunity for a public hearing within 15 days of such
request, provided that such request is made not later than 10 days
after Secretary's notice to the State. The Secretary shall review and
consider the testimony, evidence, or written comments, and not later
than 30 days following such hearing, make a determination to affirm,
reverse, or modify the Secretary's initial determination to reassert
and exercise concurrent enforcement authority under sections 8, 9, 10,
13, and 17 with respect to standards promulgated under section 6 and
obligations under section 5(a). Following such a determination by the
Secretary, or in the event that the State does not request a hearing
within the timeframe set forth in this paragraph, the Secretary may
reassert and exercise such concurrent enforcement authority, while a
final determination is pending under paragraph (3) or until the
Secretary has determined that the State has remedied the deficiencies
as provided under paragraph (4). Such determination shall be published
in the Federal Register. The procedures set forth in section 18(g)
shall not apply to a determination by the Secretary to reassert and
exercise such concurrent enforcement authority.
``(3) If the Secretary makes an initial determination that the plan
should be withdrawn, the Secretary shall provide due notice and the
opportunity for a hearing. If based on the evaluation, comments, and
evidence, the Secretary makes a final determination that there is a
failure to comply substantially with any provision of the State plan
(or any assurance contained therein), he shall notify the State agency
of the withdrawal of approval of such plan and upon receipt of such
notice such plan shall cease to be in effect, but the State may retain
jurisdiction in any case commenced before the withdrawal of the plan in
order to enforce standards under the plan whenever the issues involved
do not relate to the reasons for the withdrawal of the plan.
``(4) If the Secretary makes a determination that the State should
be provided the opportunity to remedy the deficiencies, the Secretary
shall provide the State an opportunity to respond to the Secretary's
findings and the opportunity to remedy such deficiencies within a time
period established by the Secretary, not to exceed 1 year. The
Secretary may extend and revise the time period to remedy such
deficiencies, if the State's legislature is not in session during this
1-year time period, or if the State demonstrates that it is not
feasible to correct the deficiencies in the time period set by the
Secretary, and the State has a plan to correct the deficiencies within
a reasonable time period. If the Secretary finds that the State agency
has failed to remedy such deficiencies within the time period specified
by the Secretary and that the State plan continues to fail to comply
substantially with a provision of the State plan, the Secretary shall
withdraw the State plan as provided for in paragraph (3).''; and
(2) by adding at the end the following new subsection:
``(i) Not later than 18 months after the date of enactment of this
subsection, and again 5 years thereafter, the Comptroller General shall
complete and issue a review of the effectiveness of State plans to
develop and enforce safety and health standards to determine if they
are at least as effective as the Federal program and to evaluate
whether the Secretary's oversight of State plans is effective. The
Comptroller General's evaluation shall assess--
``(1) the effectiveness of the Secretary's oversight of
State plans, including the indices of effectiveness used by the
Secretary;
``(2) whether the Secretary's investigations in response to
Complaints About State Plan Administration (CASPA) are
adequate, whether significant policy issues have been
identified by headquarters and corrective actions are fully
implemented by each State;
``(3) whether the formula for the distribution of funds
described in section 23(g) to State programs is fair and
adequate; and
``(4) whether State plans are as effective as the Federal
program in preventing occupational injuries, illnesses and
deaths, and investigating discrimination complaints, through an
evaluation of at least 20 percent of approved State plans, and
which shall cover--
``(A) enforcement effectiveness, including handling
of fatalities, serious incidents and complaints,
compliance with inspection procedures, hazard
recognition, verification of abatement, violation
classification, citation and penalty issuance,
including appropriate use of willful and repeat
citations, and employee involvement;
``(B) inspections, the number of programmed health
and safety inspections at private and public sector
establishments, and whether the State targets the
highest hazard private sector work sites and facilities
in that State;
``(C) budget and staffing, including whether the
State is providing adequate budget resources to hire,
train and retain sufficient numbers of qualified staff,
including timely filling of vacancies;
``(D) administrative review, including the quality
of decisions, consistency with Federal precedent,
transparency of proceedings, decisions and records are
available to the public, adequacy of State defense, and
whether the State appropriately appeals adverse
decisions;
``(E) anti-discrimination, including whether
discrimination complaints are processed in a timely
manner, whether supervisors and investigators are
properly trained to investigate discrimination
complaints, whether a case file review indicates merit
cases are properly identified consistent with Federal
policy and procedure, whether employees are notified of
their rights, and whether there is an effective process
for employees to appeal the dismissal of a complaint;
``(F) program administration, including whether the
State's standards and policies are at least as
effective as the Federal program and are updated in a
timely manner, and whether National Emphasis Programs
that are applicable in such States are adopted and
implemented in a manner that is at least as effective
as the Federal program;
``(G) whether the State plan satisfies the
requirements for approval set forth in this section and
its implementing regulations; and
``(H) other such factors identified by the
Comptroller General, or as requested by the Committee
on Education and the Workforce of the House of
Representatives or the Committee on Health, Education,
Labor, and Pensions of the Senate.''.
SEC. 402. EVALUATION OF REPEATED VIOLATIONS IN STATE PLANS.
Section 18(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 668(c)) is amended--
(1) in paragraph (7), by striking ``, and'' and inserting a
comma;
(2) in paragraph (8), by striking the period at the end and
inserting ``, and''; and
(3) by adding after paragraph (8) the following new
paragraph:
``(9) provides that in determining whether a violation is
repeated, the State shall consider the employer's violations
within the State, in conjunction with the employer's history of
violations under other States' occupational safety and health
plans approved by the Secretary and the employer's history of
violations in those States where the Secretary has jurisdiction
under this Act, in a manner that is at least as effective as
provided under section 17.''.
TITLE V--NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
SEC. 501. HEALTH HAZARD EVALUATIONS BY THE NATIONAL INSTITUTE FOR
OCCUPATIONAL SAFETY AND HEALTH.
Section 20(a)(6) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 669(a)(6)) is amended by striking the second sentence and
inserting the following: ``The Secretary shall determine following a
written request by any employer, authorized representative of current
or former employees, physician, other Federal agency, or State or local
health department, specifying with reasonable particularity the grounds
on which the request is made, whether any substance normally found in
the place of employment has potentially toxic effects in such
concentrations as used or found or whether any physical agents,
equipment, or working condition found or used has potentially hazardous
effects; and shall submit such determination both to employers and
affected employees as soon as possible.''.
SEC. 502. TRAINING AND EMPLOYEE EDUCATION.
Paragraph (1) of section 21(c) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 670(c)) is amended to read as follows:
``(1) provide for the establishment and supervision of programs for the
education and training of employers and employees in the recognition,
avoidance, and prevention of unsafe or unhealthful working conditions,
and employee rights and employer responsibilities under this Act, which
shall include grant programs to provide grants for nonprofit
organizations (including grants to develop or expand the capacity of
such organizations to provide safety and health training, education,
and related assistance to the targeted audiences, grants for the
training of employees and employers on occupational safety and health
hazards of particular concern or for particular industries, or groups
of workers at high risk of injury, illness, or exposure to hazards, and
grants for the development of training materials on particular topics),
and''.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
(a) General Rule.--Except as provided for in subsection (b), this
Act and the amendments made by this Act shall take effect on the date
that is 90 days after the date of the enactment of this Act.
(b) Exception for States and Political Subdivisions.--The following
are exceptions to the effective date described in subsection (a):
(1) A State that has a State plan approved under section 18
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
667) shall amend its State plan to conform with the
requirements of this Act and the amendments made by this Act
not later than 12 months after the date of the enactment of
this Act. The Secretary of Labor may extend the period for a
State to make such amendments to its State plan by not more
than 12 months, if the State's legislature is not in session
during the 12-month period beginning with the date of the
enactment of this Act. Such amendments to the State plan shall
take effect not later than 90 days after the adoption of such
amendments by such State.
(2) This Act and the amendments made by this Act shall take
effect on the date that is 36 months after the date of the
enactment of this Act with respect to a workplace of a State,
or a political subdivision of a State, that does not have a
State plan approved under such section 18 (29 U.S.C. 667).
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118HR2999 | Assistance for Local Heroes During Train Crises Act | [
[
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"Rep. Deluzio, Christopher R. [D-PA-17]",
"sponsor"
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[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2999 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2999
To authorize the declaration of a hazardous train event, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Deluzio (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To authorize the declaration of a hazardous train event, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance for Local Heroes During
Train Crises Act''.
SEC. 2. HAZARDOUS TRAIN EVENTS.
(a) In General.--Chapter 209 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 20904. Hazardous train events
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Railroad Administration.
``(2) Eligible entity.--The term `eligible entity' means a
State or local emergency response group, including a law
enforcement agency, a fire department, and an emergency
response agency, located in an area affected by a hazardous
train event.
``(3) Fund.--The term `Fund' means the Hazardous Train
Event Emergency Reimbursement Fund established under subsection
(c).
``(4) Hazardous train event.--The term `hazardous train
event' means a train incident that the Administrator has
declared to be a hazardous train event pursuant to subsection
(b).
``(b) Declaration.--
``(1) In general.--The Administrator, in consultation with
the Administrator of the Federal Emergency Management Agency
and the Administrator of the Environmental Protection Agency,
may declare that a hazardous train event has occurred not later
than 3 days after the occurrence of a train derailment, train
crash, or other incident involving a train carrying hazardous
materials, hazardous waste, or other materials that pose a
threat to public health, safety, and the environment, as
determined by the Administrator.
``(2) Effect of declaration.--Upon a declaration pursuant
to subsection (a), the Administrator shall immediately award at
least $250,000 from the Fund to 1 or more eligible entities
pursuant to subsection (d).
``(3) Additional funding award.--Not later than 5 days
after a declaration pursuant to subsection (a), the
Administrator may award additional amounts to the initially
awarded entities for further costs or other eligible entities
from the Fund, not to exceed $3,000,000 per hazardous train
event. Amounts awarded pursuant to this paragraph shall be
allocated based on additional needs, as determined by the
Administrator.
``(c) Hazardous Train Event Emergency Reimbursement Fund.--There is
established within the Treasury of the United States a fund, which--
``(1) shall be known as the `Hazardous Train Event
Emergency Reimbursement Fund'; and
``(2) shall be administered by the Administrator.
``(d) Assistance for Eligible Entities.--
``(1) In general.--The Administrator may use amounts from
the Fund to reimburse eligible entities, in accordance with
subsection (b)--
``(A) for the cost of replacing equipment that is
damaged, contaminated, or otherwise rendered unusable
as a result of the response of the eligible entity to a
hazardous train event;
``(B) for overtime pay for firefighters, law
enforcement officers, or other emergency responders who
work at the scene of a hazardous train event;
``(C) for operational costs for actions taken to
respond to a hazardous train event;
``(D) for any other purpose related to a hazardous
train event, as determined by the Administrator; and
``(E) to retroactively cover a cost described in
any of subparagraphs (A) through (D) that is incurred
after the date of a hazardous train event or within 30
days of the receipt of amounts under this subsection.
``(2) Documentation of costs.--
``(A) In general.--Not later than 120 days after
the date on which the Administrator declares a
hazardous train event for which an eligible entity
receives assistance under this subsection, the eligible
entity shall submit documentation to the Administrator
for each item for which such assistance is used through
procurement or reimbursement.
``(B) Reimbursement.--If the Administrator
determines that an eligible entity has used assistance
received under this subsection in violation of this
subsection, the eligible entity shall reimburse the
Fund for the amount of such assistance. Reimbursements
to the Fund shall be made eligible for future hazardous
train events.''.
(b) Clerical Amendment.--The analysis for chapter 209 of title 49,
United States Code, is amended by adding at the end the following:
``20904. Hazardous train events.''.
SEC. 3. ADVANCE WARNING REQUIREMENT.
The Secretary of Transportation, in consultation with the
Administrator of the Transportation Security Administration, shall
issue regulations requiring any railroad that transports hazardous
materials by train through any community in the United States to
provide county and local emergency response groups in such community,
including police departments, fire departments, and emergency response
agencies, with--
(1) advance warning of such train's load and timing; and
(2) real-time location information on such a train when it
enters and exits its service area the applicable service area.
SEC. 4. HAZARDOUS MATERIALS EMERGENCY REIMBURSEMENT FEE.
(a) In General.--Section 5108(g) of title 49, United States Code,
is amended by adding at the end the following:
``(4) Hazardous materials emergency reimbursement fee for
shippers and carriers of hazardous material.--
``(A) Schedule of fees.--The Secretary shall
prescribe a schedule of annual fees for shippers and
carriers of hazardous materials by rail that have total
annual collections of not less than $10,000,000.
``(B) Deposits into trust fund.--Fees collected
pursuant to subparagraph (A) shall be deposited into
the Hazardous Train Event Emergency Reimbursement Fund
established under section 20904.''.
(b) Deposits Into Trust Fund.--Amounts collected from shippers and
carriers pursuant to section 5108(g)(4), United States Code, as added
by subsection (a), shall be regularly deposited into the Hazardous
Train Event Emergency Reimbursement Fund established under section
20904 of title 49, United States Code, as added by section 2.
<all>
</pre></body></html>
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118HR30 | Stop Human Trafficking in School Zones Act | [
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... | <p><b>Stop Human Trafficking in School Zones Act</b></p> <p>This bill establishes an enhanced penalty—an additional prison term of up to five years—for certain human trafficking offenses and sex offenses involving minors that occur within 1,000 feet of the real property comprising a school, school-sponsored activity, playground, or public housing facility; or within 100 feet of certain other places where children gather (e.g., a youth center or swimming pool). The additional prison term must be served consecutively with the prison term imposed for the underlying offense. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 30 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 30
To amend title 18, United States Code, to increase the punishment for
certain offenses involving children, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee (for herself and Mr. McCaul) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to increase the punishment for
certain offenses involving children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Human Trafficking in School
Zones Act''.
SEC. 2. INCREASED PUNISHMENT FOR CERTAIN OFFENSES INVOLVING CHILDREN.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2251A the following:
``Sec. 2251B. Offenses involving children
``(a) Offense.--Any person who commits a felony offense involving a
minor under section 1201, 1466A, 1470, 1591, 1594, 2241, 2242, 2243,
2244, 2245, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, within 1,000
feet of the real property comprising a public or private elementary,
vocational, or secondary school or a public or private college, junior
college, or university, school-sponsored activity, or a playground, or
housing facility owned by a public housing authority, or within 100
feet of a public or private youth center, public park, public
playground, public swimming pool, or video arcade facility, shall be
sentenced to a term of imprisonment of up to 5 years in addition to the
imprisonment imposed for the offense under that provision. The sentence
imposed under this section shall be consecutive to any sentence imposed
for the offense under that provision.
``(b) Minor Defined.--In this section, the term `minor' means an
individual who has not attained 18 years of age.''.
(b) Clerical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by inserting after the item
relating to section 2251A the following new item:
``2251B. Offenses involving children.''.
<all>
</pre></body></html>
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118HR300 | Settlement Agreement Information Database Act of 2023 | [
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"B... | <p><b>Settlement Agreement Information Database Act of 2023</b></p> <p>This bill requires executive agencies to submit information regarding settlement agreements to a public database. </p> <p>Specifically, an agency must submit information regarding any settlement agreement (including a consent decree) entered into by the agency related to an alleged violation of federal law. If an agency determines that information regarding an agreement must remain confidential to protect the public interest, the agency must publish an explanation of why the information is confidential.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 300 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 300
To amend chapter 3 of title 5, United States Code, to require the
publication of settlement agreements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Palmer (for himself, Mr. Connolly, Mr. Barr, Mr. Peters, Mr. Bera,
Mr. Hill, and Mr. Comer) introduced the following bill; which was
referred to the Committee on Oversight and Accountability, 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 amend chapter 3 of title 5, United States Code, to require the
publication of settlement agreements, 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 ``Settlement Agreement Information
Database Act of 2023''.
SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY
FEDERAL AGENCIES.
(a) Requirements for Settlement Agreements.--Chapter 3 of title 5,
United States Code, is amended by adding at the end the following new
section:
``Sec. 307. Information regarding settlement agreements
``(a) Definitions.--In this section:
``(1) Local government.--The term `local government' has
the meaning given that term in section 6501 of title 31.
``(2) Order type.--The term `order type' means the type of
action or instrument used to settle a civil or criminal
judicial action.
``(3) Settlement agreement.--The term `settlement
agreement' means a settlement agreement (including a consent
decree) that--
``(A) is entered into by an Executive agency; and
``(B) relates to an alleged violation of Federal
civil or criminal law.
``(4) State.--The term `State' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized Indian
Tribe.
``(b) Settlement Agreement Information Database.--
``(1) Executive agency requirement.--
``(A) In general.--Subject to subparagraph (B), the
head of each Executive agency shall, in accordance with
guidance issued pursuant to paragraph (2), submit the
following information to the database established under
paragraph (3):
``(i) A list of each settlement agreement,
in a categorized and searchable format, entered
into by the Executive agency, as a party to a
lawsuit, which shall include, for each
settlement agreement--
``(I) the order type of the
settlement agreement;
``(II) the date on which the
parties entered into the settlement
agreement;
``(III) a list of specific
violations that specify the basis for
the action taken, with a description of
the claims each party settled under the
settlement agreement;
``(IV) the amount of attorneys'
fees and other litigation costs
awarded, if any, including a
description of the statutory basis for
such an award;
``(V) the amount each party
settling a claim under the settlement
agreement is obligated to pay under the
settlement agreement;
``(VI) the total amount the
settling parties are obligated to pay
under the settlement agreement;
``(VII) the amount, if any, the
settling party is obligated to pay that
is expressly specified under the
settlement agreement as a civil or
criminal penalty or fine;
``(VIII) any payment made under the
settlement agreement, including a
description of any payment made to the
Federal Government;
``(IX) the projected duration of
the settlement agreement, if available;
``(X) a list of State or local
governments that may be directly
affected by the terms of the settlement
agreement;
``(XI) a brief description of any
economic data and methodology used to
justify the terms of the settlement
agreement;
``(XII) any modifications to the
settlement agreement, when applicable;
``(XIII) notice and comments, when
applicable; and
``(XIV) whether the settlement
agreement is still under judicial
enforcement and any period of time by
which the parties agreed to have
certain conditions met.
``(ii) A copy of each--
``(I) settlement agreement entered
into by the Executive agency; and
``(II) statement issued under
paragraph (4).
``(B) Nondisclosure.--The requirement to submit
information or a copy of a settlement agreement under
subparagraph (A) shall not apply to the extent the
information or copy (or portion thereof)--
``(i) is subject to a confidentiality
provision that prohibits disclosure of the
information or copy (or portion thereof); and
``(ii) would not be disclosed under section
552, if the Executive agency provides a
citation to the applicable exemption.
``(C) Clarification of responsible agency.--In a
case in which an Executive agency is acting at the
request or on behalf of another Executive agency
(referred to as the originating agency), the
originating agency is responsible for submitting
information under subparagraph (A).
``(2) Guidance.--The Director of the Office of Management
and Budget shall issue guidance for Executive agencies to
implement paragraph (1). Such guidance shall include the
following:
``(A) Specific dates by which submissions must be
made, not less than twice a year.
``(B) Data standards, including common data
elements and a common, nonproprietary, searchable,
machine-readable, platform independent format.
``(C) A requirement that the information and
documents required under paragraph (1) are publicly
available for a period starting on the date of the
settlement through not less than 5 years after the
termination of the settlement agreement.
``(3) Establishment of database.--The Director of the
Office of Management and Budget, or the head of an Executive
agency designated by the Director, shall establish and maintain
a public, searchable, downloadable database for Executive
agencies to directly upload and submit the information and
documents required under paragraph (1) for immediate
publication online.
``(4) Statement of confidentiality.--If the head of an
Executive agency determines that a confidentiality provision in
a settlement agreement, or the sealing of a settlement
agreement, is required to protect the public interest of the
United States, the head of the Executive agency may except the
settlement agreement from the requirement in paragraph (1) and
shall issue a written public statement stating why such action
is required to protect the public interest of the United
States, which shall explain--
``(A) what interests confidentiality protects; and
``(B) why the interests protected by
confidentiality outweigh the public's interest in
knowing about the conduct of the Federal Government and
the expenditure of Federal resources.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States Code, is amended by adding at the
end the following new item:
``307. Information regarding settlement agreements.''.
(c) Deadline To Establish Database.--Not later than 1 year after
the date of the enactment of this Act, the Director of the Office of
Management and Budget shall issue guidance required by section
307(b)(2) of title 5, United States Code, as added by subsection (a),
and establish the settlement agreement information database required by
section 307(b)(3) of title 5, United States Code, as added by
subsection (a).
(d) Deadline for First Submission.--Not later than 90 days after
the Director issues guidance under section 307(b)(2) of title 5, United
States Code, as added by subsection (a), the head of each Executive
agency (as defined in section 105 of title 5, United States Code) shall
begin submitting information to the database established under such
section 307.
SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) each settlement agreement (as defined in section 307)
entered into by an Executive agency, with redactions for
information that the agency may withhold under paragraph (8)
and subsections (b) and (c) of this section;''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to require the disclosure of information or records that any
agency may properly withhold from public disclosure under section 552
of title 5, United States Code (commonly known as the ``Freedom of
Information Act'').
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
This Act shall be effective 180 days after the date of the
enactment of this Act and shall apply--
(1) with respect to any settlement agreement (as such term
is defined in section 307 of title 5, United States Code, as
added by section 2), entered into on or after the date of the
enactment of this Act; and
(2) to the extent practicable, any such settlement
agreement (as such term is defined in section 307 of title 5,
United States Code, as added by section 2) that remains in
effect on or after the date of the enactment of this Act.
SEC. 6. 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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118HR3000 | Tax-Free Pell Grant Act | [
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"D000399",
"Rep. Doggett, Lloyd [D-TX-37]",
"sponsor"
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[
"B000574"... | <p><strong>Tax-Free Pell Grant Act</strong></p> This bill excludes from gross income, for income tax purposes, any amount received as a federal Pell Grant. It also expands the definition of <em>qualified tuition and related expenses</em> under the American Opportunity and Lifetime Learning tax credit to include computer or peripheral equipment (up to a maximum of $1,000), child and dependent care expenses, and course materials. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3000 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3000
To amend the Internal Revenue Code of 1986 to expand the exclusion of
Pell Grants from gross income, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Doggett (for himself, Mr. Kelly of Pennsylvania, Mr. Davis of
Illinois, Mr. Smith of Nebraska, Mr. Blumenauer, Mr. Fitzpatrick, Mr.
Castro of Texas, and Mr. Tony Gonzales of Texas) 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 expand the exclusion of
Pell Grants from gross income, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax-Free Pell Grant Act''.
SEC. 2. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.
(a) In General.--Paragraph section 117(b)(1) of the Internal
Revenue Code of 1986 is amended by striking ``received by an
individual'' and all that follows and inserting ``received by an
individual--
``(A) as a scholarship or fellowship grant to the
extent the individual establishes that, in accordance
with the conditions of the grant, such amount was used
for qualified tuition and related expenses, or
``(B) as a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (as in effect on the
date of the enactment of the Tax-Free Pell Grant
Act).''.
(b) No Adjustment Under American Opportunity and Lifetime Learning
Credits.--Section 25A(g)(2)(A) of such Code is amended by striking ``a
qualified scholarship which'' and inserting ``a qualified scholarship
which is described in section 117(b)(1)(A) and which''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 3. EXPANSION OF AMERICAN OPPORTUNITY AND LIFETIME LEARNING
CREDITS.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``tuition and
fees'' inserting ``tuition, fees, computer or
peripheral equipment, child and dependent care
expenses, and course materials'',
(B) by striking subparagraph (D), and
(C) by adding at the end the following new
subparagraphs:
``(D) Child and dependent care expenses.--For
purposes of this paragraph--
``(i) In general.--The term `child and
dependent care expenses' means amounts paid for
the following expenses, but only if such
expenses are incurred to enable the taxpayer to
be enrolled in an eligible educational
institution for any period for which there are
1 or more qualifying individuals with respect
to the taxpayer:
``(I) expenses for household
services, and
``(II) expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a
camp where the qualifying individual stays
overnight.
``(ii) Qualifying individual.--The term
`qualifying individual' has the meaning given
such term in section 21(b)(1).
``(iii) Exception, dependent care
centers.--Rules similar to the rules of
subparagraphs (B), (C), and (D) of section
21(b)(2) shall apply, except the term `child
and dependent care expenses' shall be
substituted for the term `employment-related
expenses' each place it appears in such
subparagraphs.
``(E) Child and dependent care expenses only
qualified expenses when claimed by eligible student.--
Amounts paid for an expense described in subparagraph
(E) may not be taken into account under this paragraph
for a taxable year unless required for the enrollment
or attendance of an individual described in
subparagraph (A)(i) or subparagraph (A)(ii).
``(F) Computer or peripheral equipment.--
``(i) Defined.--For purposes of this
paragraph, the term `computer or peripheral
equipment' means expenses for the purchase of
computer or peripheral equipment (as defined in
section 168(i)(2)(B), computer software (as
defined in section 197(e)(3)(B))), or internet
access and related services, if such equipment,
software, or services are to be used primarily
by the individual during any of the years the
individual is enrolled at an eligible
educational institution.
``(ii) Dollar limit on amount creditable.--
The aggregate of the amounts paid or expenses
incurred for computer or peripheral equipment
which may be taken into account under this
paragraph for a taxable year by the taxpayer
shall not exceed $1,000.'', and
(2) in subsection (g)(5)--
(A) in the heading, by adding ``or credit'' at the
end, and
(B) by inserting ``or credit'' after ``a
deduction''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
</pre></body></html>
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118HR3001 | Embrace Fossil Fuel Recruitment Act | [
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]... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3001 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3001
To require the Secretary of Education to implement corrective measures
for a local educational agency or institution of higher education that
prohibits or constrains fossil fuel sector employment recruitment, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Donalds (for himself, Mr. Weber of Texas, Ms. Hageman, Mr. Carey,
Mr. Jackson of Texas, and Mrs. Boebert) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To require the Secretary of Education to implement corrective measures
for a local educational agency or institution of higher education that
prohibits or constrains fossil fuel sector employment recruitment, 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 ``Embrace Fossil Fuel Recruitment
Act''.
SEC. 2. FOSSIL FUEL INDUSTRY WORKFORCE RECRUITER ACCESS TO STUDENTS.
(a) Secondary Schools.--
(1) In general.--Each local educational agency (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) receiving financial assistance under
such Act (20 U.S.C. 6301 et seq.) shall provide prospective
employers doing business within the fossil fuel sector the same
access to secondary school students for recruitment purposes as
is provided to prospective employers doing business within
other energy resource sectors.
(2) Enforcement.--Paragraph (1) shall be subject to
enforcement under part D of the General Education Provisions
Act (20 U.S.C. 1234 et seq.).
(b) Institutions of Higher Education.--
(1) In general.--Each institution of higher education (as
defined in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002)) receiving financial assistance under such Act (20
U.S.C. 1001 et seq.) shall provide prospective employers doing
business within the fossil fuel sector the same access to
students for recruitment purposes as is provided to prospective
employers doing business within other energy resource sectors.
(2) Enforcement.--For purposes of section
487(c)(3)(B)(i)(I) of the Higher Education Act of 1965 (20
U.S.C. 1094(c)(3)(B)(i)(I)), a failure to comply with paragraph
(1) shall be considered a failure to comply with a provision of
title IV of such Act (20 U.S.C. 1070 et seq.). In addition, the
Secretary of Education shall have the authority to implement
the same range of corrective measures for an institution that
fails to comply with paragraph (1) as the Secretary has for an
institution that fails to comply with a requirement in its
program participation agreement under section 487 of such Act
(20 U.S.C. 1094), including termination of the institution's
participation under title IV of such Act (20 U.S.C. 1070 et
seq.).
<all>
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118HR3002 | Rebuilding Rural Roads Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3002 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3002
To amend title 23, United States Code, to reduce the population
definition of rural area to 20,000 to restrict eligibility to be
considered under the rural surface transportation grant program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Finstad (for himself and Mr. Stauber) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to reduce the population
definition of rural area to 20,000 to restrict eligibility to be
considered under the rural surface transportation grant 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 ``Rebuilding Rural Roads Act''.
SEC. 2. DEFINITION OF RURAL AREA UNDER RURAL SURFACE TRANSPORTATION
GRANT PROGRAM.
Section 173(a)(2) of title 23, United States Code, is amended by
striking ``200,000'' and inserting ``20,000''.
<all>
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118HR3003 | Bipartisan Restoring Faith in Government Act | [
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"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"sponsor"
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"cosponsor"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3003 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3003
To amend title 5, United States Code, to restrict trading and ownership
of certain financial instruments by Members of Congress and their
spouses and dependents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Fitzpatrick (for himself, Ms. Ocasio-Cortez, Mr. Gaetz, and Mr.
Krishnamoorthi) introduced the following bill; which was referred to
the Committee on House Administration, and in addition to the Committee
on Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to restrict trading and ownership
of certain financial instruments by Members of Congress and their
spouses and dependents, 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 Restoring Faith in
Government Act''.
SEC. 2. PROHIBITION OF CONGRESSIONAL OWNERSHIP OF FINANCIAL
INVESTMENTS.
(a) In General.--Chapter 131 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--PROHIBITION ON CONGRESSIONAL OWNERSHIP OF FINANCIAL
INVESTMENTS
``Sec. 13151. Definitions
``In this subchapter:
``(1) Covered financial instrument.--The term `covered
financial instrument' means--
``(A) any investment in--
``(i) a security (as defined in section
3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)));
``(ii) a security future (as defined in
section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a))); or
``(iii) a commodity (as defined in section
1a of the Commodity Exchange Act (7 U.S.C.
1a)); and
``(B) any economic interest comparable to an
interest described in subclause (I) that is acquired
through synthetic means, such as the use of a
derivative, including an option, warrant, or other
similar means.
``(2) Covered individual.--The term `covered individual'
means any of the following:
``(A) A Member of Congress.
``(B) The spouse of a Member of Congress.
``(C) The dependent of a Member of Congress.
``(3) Dependent.--The term `dependent' has the meaning
given that term in section 13101.
``(4) Member of congress.--The term `Member of Congress'
has the meaning given that term in section 13101.
``(5) Qualified blind trust.--The term `qualified blind
trust' has the meaning given that term in section 13104(f)(3).
``(6) Supervising ethics office.--The term `supervising
ethics office' has the meaning given that term in section
13101.
``Sec. 13152. Limitation on owning or trading certain assets
``(a) Requirement.--
``(1) In general.--Except as provided in this section, no
covered individual may own or trade a covered financial
instrument.
``(2) Exceptions.--Nothing in this subchapter shall be
construed to prevent a covered individual from owning or
trading--
``(A) a widely held investment fund (as that term
is described in section 13104(f)(8)) that is registered
as a management company under the Investment Company
Act, as amended (15 U.S.C. 80a-1 et seq.);
``(B) a United States Treasury bill, note, or bond;
``(C) any bond issued by a State or local
government; or
``(D) any investment under the Thrift Savings Plan.
``(b) Compliance.--
``(1) In general.--To comply with the requirement under
subsection (a), a covered individual shall divest of a covered
financial instrument through sale or placement in a qualified
blind trust in accordance with subsection (c).
``(2) Assets acquired through special circumstances.--In
the event that a covered individual acquires a covered
financial instrument after the date of enactment of the
Bipartisan Restoring Faith in Government Act other than by
purchase, the covered individual shall have 90 days from the
date on which such individual received such instrument to
divest of such instrument through any means provided under
paragraph (1).
``(c) Time Period for Compliance.--
``(1) Covered individuals as of date of enactment.--
``(A) In general.--An individual who is a covered
individual as of the date of enactment of Bipartisan
Restoring Faith in Government Act shall have 90 days
following the date of enactment of such Act to divest
of such instrument through any means provided under
subsection (b)(1).
``(B) Special rule for spouses.--A covered
individual who is a spouse of a Member of Congress and
who receives any financial instrument as compensation
for their primary employment shall divest of such
financial instrument not later than 90 days after the
date that the spouse is contractually permitted to sell
the covered investment.
``(2) Covered individuals after date of enactment.--An
individual who becomes a covered individual after the date of
enactment of the Bipartisan Restoring Faith in Government Act
shall have 90 days from the date on which such individual
becomes a covered individual to divest of such instrument
through any means provided under subsection (b)(1).
``(3) Qualified blind trust requirements.--Notwithstanding
paragraphs (1) and (2), a qualified blind trust may not be
established for purposes of complying with this subchapter
without the prior approval of the supervising ethics office.
With respect to any such trust so approved, the applicable
trustee--
``(A) shall divest of any such instrument placed in
the trust not later than 6 months after the trust is
established;
``(B) shall certify to the applicable supervising
ethics office on an annual basis that the trustee has
not provided any information on the trust's assets or
transactions to the applicable covered individual; and
``(C) may not have a close personal or business
relationship with the applicable covered individual.
``(d) Income Tax.--A loss from a transaction or holding involving a
covered financial instrument that is conducted in violation of this
section may not be deducted from the amount of income tax owed by the
covered individual.
``(e) Assets Upon Separation.--In the case of a spouse or dependent
who ceases to be a covered individual, such spouse or dependent may
regain control over any covered financial instrument that was placed
into a qualified blind trust pursuant to subsection (a).
``(f) Proof of Compliance.--
``(1) Submission.--A Member of Congress shall submit to the
supervising ethics office a pledge of compliance with the
requirements of this subchapter, and shall produce, upon
request of the supervising ethics office, material or
information determined by the supervising ethics committee to
be necessary to indicate compliance with the provisions of this
subchapter.
``(2) Certificate.--The supervising ethics office shall
provide each Member of Congress in compliance with the
provisions of this Act with a certificate of compliance.
``(3) Publication.--The supervising ethics office shall
make available, on a publicly accessible website, all
certificates issued under this subsection.
``Sec. 13153. Enforcement
``(a) Referral.--The supervising ethics office shall refer to the
Attorney General the name of any covered individual who such office has
reasonable cause to believe has willfully failed to comply with the
requirements of section 13152.
``(b) Penalty.--
``(1) In general.--The Attorney General may bring a civil
action in any appropriate United States district court against
any covered individual who knowingly and willfully fails to
comply with section 13152. The court in which such action is
brought may assess against such individual a civil penalty in
any amount, not to exceed $50,000.
``(2) Limitation.--A covered individual may not pay any
penalty resulting from a civil action under paragraph (1)
using--
``(A) funds from a Members' Representational
Allowance or Senators' Official Personnel and Office
Expense Account (as the case may be); or
``(B) funds of any political committee under the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).''.
(b) Application of Tax Rules for Sales of Property To Comply With
Conflict-of-Interest Requirements.--Section 1043 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(d) Application to Prohibition on Congressional Ownership of
Certain Assets.--
``(1) Treatment as conflict of interest statute.--For
purposes of subsection (b)(2)(A), subchapter IV of chapter 131
of title 5, United States Code, shall be treated as a Federal
conflict of interest statute.
``(2) Covered individuals treated as eligible persons.--For
purposes of this section--
``(A) the term `eligible person' shall include
covered individuals (as defined in section 13151 of
title 5, United States Code), and
``(B) such covered individuals shall be treated as
referred to in subsection (b)(1)(A) for purposes of
applying subsection (b)(5)(A).
``(3) Certificates of divestiture issued by ethics
committee.--In the case of any covered individual referred to
in paragraph (2)(A), a certificate of divestiture meets the
requirement of subsection (b)(2)(B) if such certificate is
issued by the applicable Congressional ethics committee.''.
(c) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 13146 the
following:
``subchapter iv--prohibition on congressional ownership of financial
investments
``13151. Definitions.
``13152. Limitation on owning or trading certain assets.
``13153. Enforcement.''.
<all>
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118HR3004 | To amend the Internal Revenue Code of 1986 to provide for a temporary expansion of health insurance premium tax credits for certain low-income populations, and to amend title XIX of the Social Security Act to establish a Federal Medicaid program. | [
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118HR3005 | Postal Police Reform Act of 2023 | [
[
"G000597",
"Rep. Garbarino, Andrew R. [R-NY-2]",
"sponsor"
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"cospons... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3005 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3005
To amend title 18, United States Code, to modify the role and duties of
United States Postal Service police officers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Garbarino (for himself, Mr. Pascrell, Ms. Norton, and Mr. Calvert)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Oversight and
Accountability, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to modify the role and duties of
United States Postal Service police 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 ``Postal Police Reform Act of 2023''.
SEC. 2. ROLE AND DUTIES OF USPS POLICE OFFICERS.
Section 3061 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``Postal Inspectors and
other agents of the United States Postal Service'' and
inserting ``Postal Inspectors, Postal Service police officers,
and other agents of the United States Postal Service''; and
(2) by amending subsection (c) to read as follows:
``(c)(1) As to property owned or occupied by the Postal Service or
under the charge and control of the Postal Service, the Postmaster
General may prescribe regulations necessary for the protection and
administration of property owned or occupied by the Postal Service and
persons on the property. The regulations may include reasonable
penalties, within the limits prescribed in paragraph (2), for
violations of the regulations. The regulations shall be posted and
remain posted in a conspicuous place on the property.
``(2) A person violating a regulation prescribed under this
subsection shall be fined under this title, imprisoned for not more
than 30 days, or both.''.
<all>
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118HR3006 | To direct the Secretary of Education to carry out a grant program to support the placement of students and licensed professional social workers in public libraries, and for other purposes. | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3006 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3006
To direct the Secretary of Education to carry out a grant program to
support the placement of students and licensed professional social
workers in public libraries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Garcia of Texas (for herself, Ms. Lee of California, and Ms.
Scholten) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to carry out a grant program to
support the placement of students and licensed professional social
workers in public libraries, 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. GRANTS FOR PLACEMENT OF STUDENTS AND SOCIAL WORKERS IN
PUBLIC LIBRARIES.
(a) In General.--Beginning not later than one year after the date
of enactment of this Act, the Secretary of Education (referred to in
this section as the ``Secretary'') shall carry out a program under
which the Secretary makes grants, on a competitive basis, to
institutions of higher education to support the placement of students
and licensed professional social workers in public libraries.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an institution of higher education shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
As part of such application the institution shall demonstrate
that--
(A) it has established a partnership with each
library in which a social worker or intern is expected
to be placed pursuant to subsection (d);
(B) it has developed a thorough plan, in
coordination with each such library, to support such
social workers and interns; and
(C) each library in which a social worker or intern
is expected to be placed pursuant to subsection (d) is
in a community with a demonstrated need for social work
support and services.
(2) Considerations.--In selecting institutions of higher
education to receive grants under this section, the Secretary
shall give special consideration to institutions that will use
the grant to serve communities that are under resourced or have
a high level of need for social workers.
(c) Coordination.--The Secretary shall coordinate with the
Institute of Museum and Library Services to develop and review grant
applications under this section, which shall include the solicitation
of feedback from relevant stakeholders in the development of such
materials.
(d) Use of Funds.--An institution of higher education that receives
a grant under this section shall use the grant--
(1)(A) to employ one or more licensed professional social
workers whom the institution shall seek to place on a full-time
basis in public libraries in the geographic region surrounding
the institution; or
(B) to arrange placements of one or more licensed
professional social workers who are employed by other entities,
whom the institution shall seek to place on a full-time basis
in public libraries in the geographic region surrounding the
institution; and
(2) to arrange and fully fund internships and field
placements at such libraries for students of the institution
who are majoring in social work, including students pursuing a
bachelor's or master's degree in social work.
(e) Additional Requirements.--
(1) Duties of institutions.--An institution of higher
education that receives a grant under this section shall--
(A) be responsible for the payment and employment-
related administration of the social workers placed at
public libraries pursuant to subsection (d)(1)(A) and
the interns placed at such libraries pursuant to
subsection (d)(2);
(B) pay a wage of not less than $15 per hour to
each intern serving in a public library pursuant to
subsection (d)(2);
(C) ensure that each such intern--
(i) is supervised by a licensed
professional social worker (who may be a social
worker employed by the institution or a social
worker otherwise employed at the public library
at which the intern serves); and
(ii) practices within the scope and
limitations of a social work intern role as set
forth by the accreditation standards of the
Council on Social Work Education; and
(D) enter into and maintain a partnership with each
library at which social workers and interns are placed
by the institution to ensure that such social workers
and interns are--
(i) continuously supported by the library
and the institution; and
(ii) able to carry out their duties
effectively.
(2) Duties of social workers.--
(A) In general.--The duties of a social worker
placed at the public library pursuant to subsection
(d)(1) shall be to provide services and support to the
library and library patrons to boost the library's
capacity to address the holistic needs of patrons,
including--
(i) information or referrals on health,
mental health, nutrition, financial well-being
and economic mobility, and other social
services for which the patron may be eligible;
(ii) direct assistance in applying for and
accessing such services;
(iii) conducting library staff training on
relevant topics within the social workers' and
social work interns' competence and scope of
practice; and
(iv) other duties as may be determined by
local conditions, the institution, and the
participating library.
(B) Code of ethics.--A licensed professional social
worker or intern placed at the library pursuant to
subsection (d) shall be required to adhere to the
social work profession's code of ethics as set forth by
the National Association for Social Workers.
(C) Limitations.--A licensed professional social
worker or intern placed at a library pursuant to
subsection (d)--
(i) shall not be required to report an
alien who is not in lawful immigration status
to U.S. Immigration and Customs Enforcement and
may provide such alien with appropriate
professional services; and
(ii) shall not be required to provide
direct healthcare and mental health services to
library patrons, such as the administration of
diagnostic medical tests.
(3) Duties of libraries.--A library that enters into a
partnership with an institution of higher education as
described in paragraph (1)(D)--
(A) shall--
(i) provide social workers and interns
placed at the library with general support,
including access to resources (such as office
space, technology, and staff time) to ensure
such social workers and interns are able to
effectively carry out their responsibilities;
(ii) provide input regarding the services
and programming offered by such social workers
and interns; and
(iii) adhere to the American Library
Association's code of ethics; and
(B) may designate members of the library staff to
serve as a preceptor or library task supervisor for
such interns.
(4) Supplementary grants.--Subject to the availability of
appropriations, an institution of higher education that
receives a grant under this section may apply--
(A) to the Secretary for a supplementary grant
which, if received by such institution, shall be used
in accordance with the requirements of this section; or
(B) to the Secretary for additional funds to
support the maintenance of a program or department
established though the program under this section.
SEC. 2. NATIONAL TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary Education, in coordination with the
Director of the Institute of Museum and Library Services and through
the solicitation of feedback from relevant stakeholders, shall
establish an evaluation, documentation, dissemination, and technical
assistance resource center to provide appropriate information,
training, and technical assistance to States, political subdivisions of
States, federally recognized Indian Tribes, tribal organizations,
institutions of higher education, State and local educational agencies,
and individual students and educators with respect to--
(1) hiring and retaining social workers in libraries; and
(2) carrying out programs to facilitate the placement of
social workers in libraries on a temporary or permanent basis.
(b) Responsibilities of the Center.--The center established under
subsection (a) shall conduct activities for the purpose of--
(1) developing and continuing statewide or tribal
strategies for improving the effectiveness of the social work
and library workforce;
(2) studying the costs and effectiveness of library social
work programs at institutions of higher education to identify
areas of improvement and provide information on relevant issues
of importance to State, Tribal, and national policymakers;
(3) working with Federal agencies and other State, Tribal,
and national stakeholders to collect, evaluate, and disseminate
data regarding social work ratios, outcomes and best practices
of services provided, and the impact of expanding the number of
social workers within libraries; and
(4) establishing partnerships among National, State,
Tribal, and local governments, and local educational agencies,
institutions of higher education, libraries, nonprofit
organizations, and State and national trade associations for
the purposes of--
(A) data collection and dissemination;
(B) establishing a library social work workforce
development program;
(C) documenting the success of library social work
methods on a national level; and
(D) conducting other activities as determined
appropriate by the Secretary of Education.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Indian Tribe'' has the meaning given that
term in section 202 of the Museum and Library Services Act (20
U.S.C. 9101).
(2) The term ``institution of higher education'' means an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) acting
through a school of social work within the institution that is
accredited by the Council on Social Work Education.
(3) The term ``library'' has the meaning given that term in
section 213 of the Library Services and Technology Act (20
U.S.C. 9122).
(4) The term ``licensed professional social worker'' means
a social worker who has a master's or doctoral degree in social
work.
<all>
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118HR3007 | Mammoth Cave National Park Boundary Adjustment Act of 2023 | [
[
"G000558",
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"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3007 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3007
To modify the boundary of the Mammoth Cave National Park in the State
of Kentucky, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To modify the boundary of the Mammoth Cave National Park in the State
of Kentucky, 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 ``Mammoth Cave National Park Boundary
Adjustment Act of 2023''.
SEC. 2. MAMMOTH CAVE NATIONAL PARK BOUNDARY MODIFICATION.
Section 11 of the Act of June 5, 1942 (56 Stat. 319, chapter 341;
16 U.S.C. 404c-11), is amended--
(1) in the section paragraph, by inserting ``(adjusted for
inflation in accordance with the Consumer Price Index published
by the Bureau of Labor Statistics of the Department of Labor)''
after ``$350,000''; and
(2) by inserting after the second paragraph the following:
``The Secretary of the Interior may acquire approximately 980 acres
of the land and any interests in the land generally depicted on the map
entitled `Mammoth Cave National Park Proposed Southern Boundary
Expansion Edmonson and Barren Counties, Kentucky', numbered 135/177,
967, and dated April 28, 2022, for inclusion in the Mammoth Cave
National Park.''.
<all>
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118HR3008 | Drug Shortage Prevention Act of 2023 | [
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"G... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3008 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3008
To amend the Federal Food, Drug, and Cosmetic Act to provide for
notification by manufacturers of critical essential medicines of
increased demand of such drugs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Jacobs (for herself, Mr. Allred, Ms. Clarke of New York, Mr.
Doggett, Mr. Garcia of Illinois, Mr. Grijalva, Mr. Huffman, Mr. Khanna,
Mr. Larson of Connecticut, Ms. Lee of California, Mr. McGovern, Ms.
Ocasio-Cortez, Ms. Pressley, Mr. Veasey, Ms. Velazquez, Mrs. Watson
Coleman, Mr. Carter of Louisiana, Ms. Norton, Mr. Cohen, Mr. Cleaver,
Mr. Smith of Washington, Ms. Blunt Rochester, Ms. Crockett, Ms. Kuster,
Ms. Tokuda, Ms. Caraveo, Mr. Schiff, Ms. Jackson Lee, Mr. Kim of New
Jersey, and Mr. Mills) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to provide for
notification by manufacturers of critical essential medicines of
increased demand of such drugs, 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 ``Drug Shortage Prevention Act of
2023''.
SEC. 2. IMPROVING NOTIFICATION PROCEDURES IN CASE OF INCREASED DEMAND
FOR CRITICAL ESSENTIAL MEDICINES.
(a) In General.--Section 506C of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in the section heading, by striking ``discontinuance or
interruption in the production of life-saving drugs'' and
inserting ``notification of issues affecting domestic supply of
critical essential medicines'';
(2) by striking subsections (a), (b), and (c), and
inserting the following:
``(a) Notification Required.--
``(1) In general.--A manufacturer of a critical essential
medicine shall notify the Secretary, in accordance with
subsection (b), of--
``(A)(i) a permanent discontinuance in the
manufacture of the drug or an interruption of the
manufacture of the drug that is likely to lead to a
meaningful disruption in the supply of such drug in the
United States;
``(ii) a permanent discontinuance in the
manufacture of an active pharmaceutical ingredient, an
excipient, or any other input in the final dosage form
of such drug or an interruption in the manufacture of
the active pharmaceutical ingredient, an excipient, or
any other input in the final dosage form of such drug
of such drug that is likely to lead to a meaningful
disruption in the supply of the active pharmaceutical
ingredient of such drug;
``(iii) an increased demand (other than an
anticipated seasonal surge) for such drug or an active
pharmaceutical ingredient, an excipient, or any other
input in the final dosage form of such drug that is
likely to lead to a shortage of the drug or the active
pharmaceutical ingredient, an excipient, or any other
input in the final dosage form of such drug; and
``(B) the reasons for such discontinuance,
interruption, or increased demand.
``(2) Contents.--Notification under this subsection with
respect to a critical essential medicine shall include--
``(A) with respect to the reasons for the
discontinuation, interruption, or increased demand
referred to in paragraph (1)(C), if an active
pharmaceutical ingredient, an excipient, or any other
input in the final dosage form of such drug is a reason
for, or risk factor in, such discontinuation,
interruption, or increased demand, the source of the
active pharmaceutical ingredient, excipient, or other
input and any alternative sources for the an active
pharmaceutical ingredient, an excipient, or any other
input by the manufacturer;
``(B) whether any associated device used for
preparation or administration included in the drug is a
reason for, or a risk factor in, such discontinuation,
interruption, or increased demand;
``(C) the expected duration of the interruption or
increased demand; and
``(D) such other information as the Secretary may
require.
``(b) Timing.--
``(1) In general.--A notice required under subsection (a)
shall be submitted to the Secretary--
``(A) at least 6 months prior to the date of the
discontinuance or interruption;
``(B) in the case of such a notice with respect to
increased demand for a critical essential medicine, not
later than 30 days after the submission of the initial
notification under paragraph (2); or
``(C) if compliance with subparagraph (A) or (B) is
not possible, as soon as practicable.
``(2) Initial notification with respect to increased
demand.--In the case a notification required under subsection
(a) with respect to increased demand for a critical essential
medicine, the manufacturer of the drug involved shall submit to
the Secretary an initial notification not later than 48 hours
after the date on which there has been increased demand for the
critical essential medicine for a period of at least 6
consecutive weeks.
``(c) Distribution.--To the maximum extent practicable, the
Secretary shall distribute, through such means as the Secretary deems
appropriate, information on the discontinuance or interruption of the
manufacture of, or the increased demand for, critical essential
medicines to appropriate organizations, including physician, health
provider, and patient organizations, as described in section 506E.'';
(3) in subsection (g), in the matter preceding paragraph
(1), by striking ``drug described in subsection (a)'' and
inserting ``critical essential medicine''; and
(4) in subsection (j), by striking ``drug described in
subsection (a)'' and inserting ``critical essential medicine''.
(b) Application to Nonprescription Drugs.--Section 506C(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(2) in paragraph (2)(A) (as so redesignated), by striking
``and that is subject to section 503(b)(1)'' and inserting ``,
including a drug that is not subject to section 503(b)(1)'';
and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) the term `critical essential medicine' means a drug
that--
``(A) is--
``(i) life-supporting;
``(ii) life-sustaining; or
``(iii) intended for use in the prevention
or treatment of a debilitating disease or
condition, including any such drug used in
emergency medical care or during surgery or any
such drug that is critical to the public health
during a public health emergency declared by
the Secretary under section 319 of the Public
Health Service Act; and
``(B) is not a radio pharmaceutical drug product or
any other product as designated by the Secretary;''.
(c) Regulations.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue final regulations to implement the amendments made by subsections
(a) and (b).
(d) Guidance.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall issue guidance on the requirements for notifications
required to be submitted under section 506C of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356c), as amended by
subsections (a) and (b), with respect to increased demand for
critical essential medicines (as defined in such section 506C).
Such guidance shall specifically address--
(A) the ways in which manufacturers of critical
essential medicines can improve demand predictability;
(B) what information manufacturers of critical
essential medicines should send to the Secretary; and
(C) what communications from the manufacturer the
Secretary would request with respect to increases in
demand following such notifications.
(2) Consultation.--In developing such guidance, the
Secretary shall consult with relevant stakeholders, including
manufacturers of critical essential medicines and local, State,
or Federal public health officials.
(3) Timing.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall
issue--
(A) draft guidance under paragraph (1) not later
than 120 days after the date of the enactment of this
Act; and
(B) final guidance under such paragraph not later
than 180 days after the date of the enactment of this
Act.
<all>
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118HR3009 | Military Suicide Prevention in the 21st Century Act | [
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"cospons... | <p><b>Military Suicide Prevention in the 21st Century Act</b></p> <p>This bill requires the Department of Defense to carry out a two-year pilot program to program suicide prevention resources onto smart devices issued to members of the Armed Forces and to provide training on these resources.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3009 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3009
To direct the Secretary of Defense to carry out a pilot program to pre-
program suicide prevention resources into certain smart devices issued
to members of the Armed Forces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Joyce of Ohio (for himself, Mr. Panetta, Mr. Fitzpatrick, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to carry out a pilot program to pre-
program suicide prevention resources into certain smart devices issued
to members of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Suicide Prevention in the
21st Century Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Although electronic devices, such as mobile phones,
computers, and tables, increasingly are being leveraged as
vehicles for health in the civilian world, almost nothing is
known about how covered devices may be used among members of
the Armed Forces to positively impact the health of such
members.
(2) The Defense Health Agency created the Virtual Hope Box
application to help members of the Armed Forces build
resilience.
(3) Users of the Virtual Hope Box application reported
significantly greater ability to cope with unpleasant emotions
and thoughts.
(4) Members of the Armed Forces who are behavioral health
patients experiencing distress, emotional dysregulation, or
suicidal ideation are often separated from direct clinical
support when they need it.
(5) The Virtual Hope Box application offers a highly
portable, accessible, and discreet tool for effectively
increasing coping self-efficacy.
(6) A strongly linked chain of care depends on engaged
leaders as well as highly competent first responders, crisis
hotline workers, emergency department personnel, chaplains,
primary care clinicians, and behavioral health clinicians.
SEC. 3. PILOT PROGRAM ON PRE-PROGRAMMING OF SUICIDE PREVENTION
RESOURCES INTO SMART DEVICES ISSUED TO MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall commence the
conduct of a pilot program under which the Secretary--
(1) pre-downloads the Virtual Hope Box application of the
Defense Health Agency, or such successor application, on the
covered devices of members of the Armed Forces;
(2) pre-programs the National Suicide Hotline number and
Veterans Crisis Line number into the contacts for such covered
devices; and
(3) provides training, as part of the training on suicide
awareness and prevention conducted throughout the Department of
Defense, on the preventative resources described in paragraphs
(1) and (2).
(b) Duration.--The Secretary of Defense shall carry out the pilot
program under this section for a two-year period.
(c) Scope.--The Secretary of Defense shall determine the
appropriate scope of individuals participating in the pilot program
under this section to best represent each Armed Force and to ensure a
relevant sample size.
(d) Identification of Other Resources.--In carrying out the pilot
program under this section, the Secretary of Defense shall coordinate
with the Director of the Defense Health Agency and the Secretary of
Veterans Affairs to identify other useful technology-related resources
for use in the pilot program.
(e) Report.--Not later than 30 days after the date on which the
pilot program under this section terminates, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the pilot program, including
recommendations by the Secretary relating to expanding the scope of
future pilot programs to include members of the Armed Forces who do not
possess covered devices.
(f) Definitions.--In this section:
(1) The term ``covered device'' means a smart device
(including a mobile phone) that is issued to an individual by
the Secretary of Defense or the Secretary of an Armed Force.
(2) The term ``Veterans Crisis Line'' means the toll-free
hotline for veterans established under section 1720F(h) of
title 38, United States Code.
<all>
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118HR301 | Unmasking the Origins of COVID–19 Act | [
[
"R000612",
"Rep. Rose, John W. [R-TN-6]",
"sponsor"
],
[
"M001184",
"Rep. Massie, Thomas [R-KY-4]",
"cosponsor"
],
[
"B001298",
"Rep. Bacon, Don [R-NE-2]",
"cosponsor"
],
[
"H001086",
"Rep. Harshbarger, Diana [R-TN-1]",
"cosponsor"
]
] | <p><strong>Unmasking the Origins of COVID-19 Act</strong></p> <p>This bill authorizes the Department of State to pay a reward for information leading to the identification of the origins of COVID-19 or other related information, such as the identification of individuals or entities involved in a cover-up of the origins of COVID-19.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 301 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 301
To amend the State Department Basic Authorities Act of 1956 to
authorize rewards regarding the identification of credible information
regarding the origins of COVID-19, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Rose (for himself, Mr. Massie, Mr. Bacon, and Mrs. Harshbarger)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To amend the State Department Basic Authorities Act of 1956 to
authorize rewards regarding the identification of credible information
regarding the origins of COVID-19, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unmasking the Origins of COVID-19
Act''.
SEC. 2. AUTHORIZATION FOR REWARD.
Subsection (b) of section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in paragraph (12), by striking ``or'' after the
semicolon at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(14) the identification of--
``(A) the origins of COVID-19;
``(B) any person or entity involved in the coverup
of the origins of COVID-19; or
``(C) nonpublic information related to gain of
function research conducted at or in connection with
Chinese laboratories, including the Wuhan Institute of
Virology, with respect to coronaviruses, that has been
covered up by the Government of the People's Republic
of China or the Chinese Communist Party.''.
<all>
</pre></body></html>
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"Cardiovascular and respiratory health",
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"Emergency medical services and trauma care",
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118HR3010 | Community Colleges and Universities Safety Grant Act | [
[
"K000388",
"Rep. Kelly, Trent [R-MS-1]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3010 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3010
To direct the Attorney General to make campus law enforcement agencies
eligible for certain grants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Kelly of Mississippi introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General to make campus law enforcement agencies
eligible for certain grants, 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 Colleges and Universities
Safety Grant Act''.
SEC. 2. TO MAKE CAMPUS LAW ENFORCEMENT AGENCIES ELIGIBLE FOR CERTAIN
GRANTS.
(a) In General.--Beginning on the date of the enactment of this
Act, the Attorney General shall consider a campus law enforcement
agency to be eligible to apply for any program or grant that is
administered by the Department of Justice for which a State law
enforcement agency or local law enforcement agency is eligible to
apply.
(b) Campus Law Enforcement Agency Defined.--In this section, the
term ``campus law enforcement agency'' means any entity of an
institution of higher education (as such term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
authorized to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law and
certified by an independent credentialing body approved by the Attorney
General.
<all>
</pre></body></html>
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118HR3011 | To establish a task force of the Department of Defense on mental health. | [
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... | <p>This bill requires the Department of Defense (DOD) to establish a task force to examine matters relating to the mental health of members of the Armed Forces. The task force must submit a report to DOD that includes recommendations related to the mental health services provided to members of the Armed Forces. DOD must develop a plan based on the recommendations of the task force.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3011 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3011
To establish a task force of the Department of Defense on mental
health.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Kilmer (for himself, Mr. Wittman, Ms. Houlahan, Mr. Reschenthaler,
Ms. Norton, Mr. Stewart, Mr. Ryan, Mr. Nickel, Mr. Kelly of
Mississippi, Ms. Sherrill, Mr. Tonko, Ms. Wild, Mr. Womack, Mr. Bishop
of Georgia, Mr. Fitzpatrick, Ms. McCollum, Mrs. McClellan, Ms. Titus,
Mr. Scott of Virginia, and Mr. Norcross) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To establish a task force of the Department of Defense on mental
health.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TASK FORCE OF THE DEPARTMENT OF DEFENSE ON MENTAL HEALTH.
(a) Establishment.--The Secretary of Defense shall establish a task
force to examine matters relating to the mental health of members of
the Armed Forces.
(b) Membership.--
(1) Qualifications.--The Secretary of Defense shall appoint
to the task force individuals who have demonstrated expertise
in the following areas:
(A) National mental health policy.
(B) Military personnel policy.
(C) Research in the field of mental health.
(D) Clinical care in mental health.
(E) Military chaplain or pastoral care.
(2) Number; composition.--The Secretary shall appoint not
more than 15 individuals to the task force in accordance with
the following:
(A) DOD appointees.--One half of the appointees
shall include--
(i) at least one member of each of the
Army, Navy, Air Force, Marine Corps, and the
National Guard;
(ii) at least one surgeon general of an
Armed Force; and
(iii) at least one dependent of a member of
the Armed Forces who has experience working
with military families.
(B) Non-DOD appointees.--One half of the appointees
shall be individuals who are not members of the Armed
Forces, civilian employees of the Department of
Defense, or dependents of such members, including--
(i) an officer or employee of the
Department of Veterans Affairs; and
(ii) an officer or employee of the
Substance Abuse and Mental Health Services
Administration of the Department of Health and
Human Services.
(C) Deadline.--The Secretary of Defense shall
appoint all members not later than 90 days after the
date of the enactment of this Act.
(D) Co-chairs.--There shall be two co-chairs of the
task force, one of the whom shall be designated by the
Secretary at the time of appointment from among the
individuals appointed under subparagraph (A). The other
co-chair shall be selected from among the members
appointed under subparagraph (B) by members so
appointed.
(c) Assessment and Recommendations on Mental Health Services.--
(1) In general.--Not later than 12 months after the date on
which all members of the task force have been appointed, the
task force shall submit to the Secretary a report containing an
assessment of, and recommendations for improving, the efficacy
of mental health services provided to members of the Armed
Forces by the Department of Defense.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the Secretary of Defense and the Secretary
of Veterans Affairs to improve the efficacy of mental health
care provided to members of the Armed Forces.
(3) Elements.--The assessment and recommendations
(including recommendations for legislative or administrative
action) shall include measures to improve the following:
(A) The awareness of the potential for mental
health conditions of members of the Armed Forces.
(B) The access to, and efficacy of, existing
programs (include telehealth programs) in primary care
and mental health care to prevent, identify, and treat
mental health conditions of members of the Armed
Forces, including programs for--
(i) forward-deployed troops;
(ii) members of the reserve components; and
(iii) members assigned to remote or austere
duty locations.
(C) The access to adequate telehealth resources
including for members described in subparagraph (B),
including access to equipment, bandwidth, and platforms
used to deliver care.
(D) The assessment of disruptions to mental health
care as a result of frequent changes to TRICARE
eligibility and coverage for members of the National
Guard, as well as potential benefits of more consistent
care.
(E) Analysis of the potential effect on access and
outcomes for members serving on active duty as a result
of proposed cuts to military end strengths regarding
members with medical military occupational specialties.
(F) The access to and programs for family members
of members of the Armed Forces, including family
members overseas.
(G) Access to, and quality of, private mental
health care received by members through TRICARE.
(H) The reduction or elimination of barriers to
care, including the stigma associated with mental
health conditions, by measures including enhanced
confidentiality for members who seek care for such
conditions.
(I) The awareness of mental health services
available to dependents of members.
(J) The adequacy of outreach, education, and
support programs on mental health matters for families
of members.
(K) The early identification and treatment of
mental health and substance abuse problems through the
use of internal mass media communications (including
radio, and television, social media) and other
education tools to change attitudes within the Armed
Forces regarding mental health and substance abuse
treatment.
(L) The transition from mental health care
furnished by the Secretary of Defense to such care
furnished by the Secretary of Veterans Affairs.
(M) The availability of long-term follow-up and
access to care for mental health conditions for members
of the Individual Ready Reserve and the Selected
Reserve and for discharged, separated, or retired
members of the Armed Forces.
(N) Collaboration between agencies of the
Department of Defense with responsibility for, or
jurisdiction over, the provision of mental health
services.
(O) Coordination between the Department of Defense
and civilian communities, including State, local,
Tribal, and territorial governments, and local support
organizations, with respect to mental health services.
(P) Coordination between the Department of Defense
and relevant Federal stakeholders, including the
Substance Abuse and Mental Health Administration,
National Institutes of Health, and the Centers for
Disease Control.
(Q) The scope and efficacy of curricula and
training on mental health matters for commanders in the
Armed Forces.
(R) The efficiency and effectiveness of pre- and
post-deployment mental health screenings, including
mental health screenings for members of the Armed
Forces.
(S) The effectiveness of mental health programs
provided in languages other than English.
(T) Tracking the use of behavioral health services
and related outcomes, including wait times, continuity
of care, symptom resolution, and maintenance of
improvements resulting from treatment.
(U) Other matters the task force determines
appropriate.
(d) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee of
the United States shall serve without compensation (other than
compensation to which entitled as a member of the Armed Forces
or an officer or employee of the United States, as the case may
be). Other members of the task force shall be treated for
purposes of section 3161 of title 5, United States Code, as
having been appointed under subsection (b) of such section.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the activities of the
task force.
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) Submission to secretary of defense.--The task force
shall submit to the Secretary of Defense a report on its
activities under this section. The report shall include--
(A) a description of the activities of the task
force;
(B) the assessment and recommendations required by
subsection (c); and
(C) other matters that the task force determines
appropriate.
(2) Submission to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary shall
submit to the Committees on Armed Services, and on Veterans'
Affairs, of the Senate and the House of Representatives, a copy
such report. The Secretary may include in such submission
comments on the report the Secretary determines appropriate.
(f) Termination.--The task force shall terminate 90 days after the
date on which the report of the task force is submitted to Congress
under subsection (e)(2).
(g) Plan of the Secretary.--Not later than six months after receipt
of the report from the task force under subsection (e), the Secretary
of Defense shall develop a plan based on the recommendations of the
task force and submit the plan to the congressional defense committees.
(h) Reports by the Secretary.--For each of the five years following
the submission of the report from the Department of Defense Task Force
on Mental Health, the Secretary of Defense shall submit to the
congressional defense committees a report on the recommendations made
by the Department of Defense Task Force on Mental Health with respect
to the Determinations. Department of Defense. Each such report shall
include--
(1) for each such recommendation, the determination of the
Secretary of Defense whether to implement the recommendation;
(2) in the case of a recommendation the Secretary intends
to implement, the intended timeline for implementation, a
description of any additional resources or authorities required
for such implementation, and the plan for such implementation;
(3) in the case of a recommendation the Secretary
determines is not advisable or feasible, the analysis and
justification of the Secretary in making that determination;
and
(4) in the case of a recommendation the Secretary
determines the Department is already implementing, the analysis
and justification of the Secretary in making that
determination.
(i) Briefings by the Secretary.--Not less than once each of the
five years following the submission of the report, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on--
(1) the progress of the Secretary in analyzing and
implementing the recommendations made by the task force;
(2) any programs, projects, or other activities of the
Department of Defense that are being carried out to implement
such recommendations; and
(3) the amount of funding provided for such programs,
projects, and activities.
<all>
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118HR3012 | North Korean Human Rights Reauthorization Act of 2023 | [
[
"K000397",
"Rep. Kim, Young [R-CA-40]",
"sponsor"
],
[
"B001287",
"Rep. Bera, Ami [D-CA-6]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3012 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3012
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Kim of California (for herself and Mr. Bera) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To reauthorize the North Korean Human Rights Act of 2004, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The North Korean Human Rights Act of 2004 (Public Law
108-333; 22 U.S.C. 7801 et seq.) and subsequent
reauthorizations of such Act were the product of broad,
bipartisan consensus regarding the promotion of human rights,
documentation of human rights violations, transparency in the
delivery of humanitarian assistance, and the importance of
refugee protection.
(2) The human rights and humanitarian conditions within
North Korea remain deplorable and have been intentionally
perpetuated against the people of North Korea through policies
endorsed and implemented by Kim Jong-un and the Workers' Party
of Korea.
(3) According to a 2014 report released by the United
Nations Human Rights Council's Commission of Inquiry on Human
Rights in the Democratic People's Republic of Korea, between
80,000 and 120,000 children, women, and men were being held in
political prison camps in North Korea, where they were
subjected to deliberate starvation, forced labor, executions,
torture, rape, forced abortion, and infanticide.
(4) North Korea continues to hold a number of South Koreans
and Japanese abducted after the signing of the Agreement
Concerning a Military Armistice in Korea, signed at Panmunjom
July 27, 1953 (commonly referred to as the ``Korean War
Armistice Agreement'') and refuses to acknowledge the abduction
of more than 100,000 South Koreans during the Korean War in
violation of the Geneva Convention.
(5) Human rights violations in North Korea, which include
forced starvation, sexual violence against women and children,
restrictions on freedom of movement, arbitrary detention,
torture, executions, and enforced disappearances, amount to
crimes against humanity according to the United Nations
Commission of Inquiry on Human Rights in the Democratic
People's Republic of Korea.
(6) The effects of the COVID-19 pandemic and North Korea's
strict lockdown of its borders and crackdowns on informal
market activities and small entrepreneurship have drastically
increased food insecurity for its people and given rise to
famine conditions in parts of the country.
(7) North Korea's COVID-19 border lockdown measures also
include shoot-to-kill orders that have resulted in the killing
of--
(A) North Koreans attempting to cross the border;
and
(B) at least 1 South Korean citizen in September
2020.
(8) The Government of the People's Republic of China is
aiding and abetting in crimes against humanity by forcibly
repatriating North Korean refugees to North Korea where they
are sent to prison camps, harshly interrogated, and tortured or
executed.
(9) The forcible repatriation of North Korean refugees
violates the People's Republic of China's freely undertaken
obligation to uphold the principle of non-refoulement, as a
state party to the Convention Relating to the Status of
Refugees, done at Geneva July 28, 1951 (and made applicable by
the Protocol Relating to the Status of Refugees, done at New
York January 31, 1967 (19 UST 6223)).
(10) North Korea continues to bar freedom of religion and
persecute religious minorities, especially Christians.
Eyewitnesses report that Christians in North Korea have been
tortured, forcibly detained, and even executed for possessing a
Bible or professing Christianity.
(11) United States and international broadcasting
operations into North Korea--
(A) serve as a critical source of outside news and
information for the North Korean people; and
(B) provide a valuable service for countering
regime propaganda and false narratives.
(12) The position of Special Envoy on North Korean Human
Rights Issues was vacant from January 2017 to December 2022,
even though the President is required to appoint a Senate-
confirmed Special Envoy to fill this position in accordance
with section 107 of the North Korean Human Rights Act of 2004
(22 U.S.C. 7817). In January 2023 President Biden nominated
Julie Turner as Special Envoy on North Korean Human Rights and
Issues and her nomination is currently awaiting Senate
confirmation.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) promoting information access in North Korea continues
to be a successful method of countering DPRK propaganda and the
United States Government should continue to support
nongovernmental radio broadcasting to North Korea and promote
other emerging methods in this space;
(2) because refugees among North Koreans fleeing into China
face severe punishments upon their forcible return, the United
States should urge the Government of the People's Republic of
China--
(A) to immediately halt its forcible repatriation
of North Koreans;
(B) to allow the United Nations High Commissioner
for Refugees (referred to in this section as ``UNHCR'')
unimpeded access to North Koreans within China to
determine whether they are refugees and require
assistance;
(C) to fulfill its obligations as a state party to
the Convention Relating to the Status of Refugees, done
at Geneva July 28, 1951 (and made applicable by the
Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST 6223) and the
Agreement on the upgrading of the UNHCR Mission in the
People's Republic of China to UNHCR branch office in
the People's Republic of China, done at Geneva December
1, 1995;
(D) to address the concerns of the United Nations
Committee Against Torture by incorporating into
domestic legislation the principle of non-refoulement;
and
(E) to recognize the legal status of North Korean
women who marry or have children with Chinese citizens
and ensure that all such mothers and children are
granted resident status and access to education and
other public services in accordance with Chinese law
and international standards;
(3) the United States Government should continue to promote
the effective and transparent delivery and distribution of any
humanitarian aid provided in North Korea to ensure that such
aid reaches its intended recipients to the point of consumption
or utilization by cooperating closely with the Government of
the Republic of Korea and international and nongovernmental
organizations;
(4) the Department of State should continue to take steps
to increase public awareness about the risks and dangers of
travel by United States citizens to North Korea, including by
continuing its policy of blocking United States passports from
being used to travel to North Korea without a special
validation from the Department of State;
(5) the United Nations, which has a significant role to
play in promoting and improving human rights in North Korea,
should press for access for the United Nations Special
Rapporteur and the United Nations High Commissioner for Human
Rights on the situation of human rights in North Korea;
(6) Julie Turner, Nominee for Special Envoy on North Korean
Human Rights Issues should be confirmed without delay--
(A) to properly promote and coordinate North Korean
human rights and humanitarian issues; and
(B) to participate in policy planning and
implementation with respect to refugee issues;
(7) the United States should urge North Korea to repeal the
Reactionary Thought and Culture Denunciation Law and other
draconian laws, regulations, and decrees that manifestly
violate the freedom of opinion and expression and the freedom
of thought, conscience, and religion;
(8) the United States should urge North Korea to ensure
that any restrictions on addressing the COVID-19 pandemic are
necessary, proportionate, nondiscriminatory, time-bound,
transparent, and allow international staff to operate inside
the North Korea to provide international assistance based on
independent needs assessments;
(9) the United States should expand the Rewards for Justice
program to be open to North Korean officials who can provide
evidence of crimes against humanity being committed by North
Korean officials;
(10) the United States should continue to seek cooperation
from all foreign governments--
(A) to allow the UNHCR access to process North
Korean refugees overseas for resettlement; and
(B) to allow United States officials access to
process refugees for possible resettlement in the
United States; and
(11) the Secretary of State, through diplomacy by senior
officials, including United States ambassadors to Asia-Pacific
countries, and in close cooperation with South Korea, should
make every effort to promote the protection of North Korean
refugees, escapees, and defectors.
SEC. 4. REAUTHORIZATIONS.
(a) Support for Human Rights and Democracy Programs.--Section
102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C.
7812(b)(1)) is amended by striking ``2022'' and inserting ``2028''.
(b) Actions To Promote Freedom of Information.--Section 104 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended--
(1) in subsection (b)(1), by striking ``2022'' and
inserting ``2028''; and
(2) in subsection (c), by striking ``2022'' and inserting
``2028''.
(c) Report by Special Envoy on North Korean Human Rights Issues.--
Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C.
7817(d)) is amended by striking ``2022'' and inserting ``2028''.
(d) Report on United States Humanitarian Assistance.--Section
201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a))
is amended, in the matter preceding paragraph (1), by striking ``2022''
and inserting ``2028''.
(e) Assistance Provided Outside of North Korea.--Section 203 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7833) is amended--
(1) in subsection (b)(2), by striking ``103(15)'' and
inserting ``103(17)''; and
(2) in subsection (c)(1), by striking ``2018 through 2022''
and inserting ``2023 through 2028''.
(f) Annual Reports.--Section 305(a) of the North Korean Human
Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in the matter
preceding paragraph (1) by striking ``2022'' and inserting ``2028''.
SEC. 5. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
Title I of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811 et seq.) is amended--
(1) in section 103(a), by striking ``Broadcasting Board of
Governors'' and inserting ``United States Agency for Global
Media''; and
(2) in section 104(a)--
(A) by striking ``Broadcasting Board of Governors''
each place such term appears and inserting ``United
States Agency for Global Media'';
(B) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by
striking ``5 years'' and inserting ``10
years'';
(ii) by redesignating clauses (i) through
(iii) as clauses (ii) through (iv),
respectively;
(iii) by inserting before clause (ii) the
following:
``(i) an update of the plan required under
subparagraph (A);''; and
(iv) in clause (iii), as redesignated, by
striking ``pursuant to section 403'' and
inserting ``to carry out this section''.
SEC. 6. SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS ISSUES.
Section 107 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7817) is amended by adding at the end the following:
``(e) Report on Appointment of Special Envoy.--Not later than 180
days after the date of the enactment of this subsection and annually
thereafter through 2028 if the position of Special Envoy remains
vacant, the Secretary of State shall submit a report to the appropriate
congressional committees that describes the efforts being taken to
appoint the Special Envoy.''.
SEC. 7. SENSE OF CONGRESS REGARDING KOREAN-AMERICAN DIVIDED FAMILIES.
It is the sense of Congress that--
(1) the United States and North Korea should begin the
process of reuniting Korean-American divided family members
with their immediate relatives through ways such as--
(A) identifying divided families in the United
States and North Korea who are willing and able to
participate in a pilot program for family reunions;
(B) finding matches for members of such families
through organizations such as the Red Cross; and
(C) working with the Government of South Korea to
include American citizens in inter-Korean video
reunions;
(2) the institution of family is inalienable and the
restoration of contact between divided families whether
physically, literarily, or virtually is an urgent need; and
(3) the United States and North Korea should pursue
reunions as a humanitarian priority of immediate concern.
<all>
</pre></body></html>
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118HR3013 | LICENSE Act of 2023 | [
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"J000301... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3013 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3013
To direct the Secretary of Transportation to modify certain regulations
relating to the requirements for commercial driver's license testing
and commercial learner's permit holders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. LaHood (for himself, Mr. Cuellar, Mr. Balderson, Mr. Costa, Mr.
Johnson of South Dakota, and Mr. Harder of California) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to modify certain regulations
relating to the requirements for commercial driver's license testing
and commercial learner's permit holders, 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 ``Licensing Individual Commercial
Exam-takers Now Safely and Efficiently Act of 2023'' or the ``LICENSE
Act of 2023''.
SEC. 2. MODIFICATIONS TO CERTAIN COMMERCIAL DRIVER'S LICENSE
REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Transportation, acting through the Administrator of the
Federal Motor Carrier Safety Administration, shall--
(1) revise section 384.228 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State or
third-party examiner to administer the commercial driver's
license knowledge test only if the examiner--
(A) maintains a valid commercial driver's license
test examiner certification;
(B) completes a commercial driver's license skills
test examiner training course that meets the
requirements of subsection (d) of such section; and
(C) completes 1 unit of instruction described in
subsection (c)(3) of such section; and
(2) revise section 383.79 of title 49, Code of Federal
Regulations (or a successor regulation), to allow a State to
administer a driving skills tests to any commercial driver's
license applicant, regardless of the State of domicile of the
applicant or where the applicant received driver training.
<all>
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118HR3015 | SOFA Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3015 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3015
To reduce the number of members of the Armed Forces stationed in
certain foreign countries with which the United States does not have a
proper and enforceable Status of Forces Agreement, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. LaLota introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To reduce the number of members of the Armed Forces stationed in
certain foreign countries with which the United States does not have a
proper and enforceable Status of Forces Agreement, 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 ``Safeguarding Our Forces Abroad Act''
or the ``SOFA Act''.
SEC. 2. REDUCTION OF PERSONNEL STATIONED IN FOREIGN COUNTRIES.
(a) In General.--Beginning on the date that is 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
reduce, at a rate of 1 percent each month, the number of members of the
Armed Forces stationed in each covered foreign country with which a
binding and enforceable Status of Forces Agreement is not in place
that--
(1) prohibits the government of such country, including any
jurisdiction within such country, from undertaking pretrial
detention of any member of the Armed Forces subject to an
accusation of committing a non-violent crime;
(2) guarantees to any member of the Armed Forces who is
accused of a crime and whose liberty is at risk the right to
immediately have access to and the presence of counsel of
choice during all stages of the legal process, including
investigations and interrogations;
(3) guarantees to any member of the Armed Forces who is
accused of a crime and whose liberty is at risk the right to
immediately have access to appropriate language translation
services; and
(4) guarantees that any such accused member of the Armed
Forces may not be compelled to be a witness against themselves
and will be protected from confessions obtained through
torture, coercion, threats, violence, or any means of improper
influence.
(b) Covered Foreign Country.--In this section, the term ``covered
foreign country'' means a foreign country in which at least 1,000
members of the Armed Forces were stationed in the previous fiscal year.
(c) Waiver.--The requirement to draw down the number of members of
the Armed Forces stationed in a covered foreign country under
subsection (a) may be waived if the Secretary of Defense certifies to
the Chair and Ranking Member of the Committees on Armed Services of the
House of Representatives and of the Senate that it is in the national
security interests of the United States to avoid such a reduction in
forces.
<all>
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118HR3016 | IGO Anti-Boycott Act | [
[
"L000599",
"Rep. Lawler, Michael [R-NY-17]",
"sponsor"
],
[
"G000583",
"Rep. Gottheimer, Josh [D-NJ-5]",
"cosponsor"
],
[
"M001157",
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"cosponsor"
],
[
"M001222",
"Rep. Miller, Max L. [R-OH-7]",
"cosponsor"
],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3016 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3016
To amend the Anti-Boycott Act of 2018 to apply the provisions of that
Act to international governmental organizations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Lawler (for himself and Mr. Gottheimer) introduced the following
bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To amend the Anti-Boycott Act of 2018 to apply the provisions of that
Act to international governmental 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 ``IGO Anti-Boycott Act''.
SEC. 2. AMENDMENTS TO THE ANTI-BOYCOTT ACT OF 2018.
The Anti-Boycott Act of 2018 is amended as follows:
(1) In section 1772 (50 U.S.C. 4841), by inserting ``, or
international governmental organization,'' after ``foreign
country'' each place it appears.
(2) In section 1773 (50 U.S.C. 4842), in subsection
(a)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or international governmental
organization,'' after ``foreign country,'';
(B) in subparagraph (A), in the first sentence, by
inserting ``or international governmental
organization'' after ``boycotting country''; and
(C) in subparagraph (D), in the first sentence, by
inserting ``or international governmental
organization'' after ``boycotting country''.
<all>
</pre></body></html>
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118HR3017 | PI Post Acute Access Act | [
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"M001163",
"Rep. Matsui, Doris O. [D-CA-7]",
"sponsor"
],
[
"S001172",
"Rep. Smith, Adrian [R-NE-3]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3017 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3017
To amend title XVIII of the Social Security Act to improve access to
skilled nursing facilities for primary immunodeficiency patients.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Matsui (for herself and Mr. Smith of Nebraska) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Energy and Commerce, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to improve access to
skilled nursing facilities for primary immunodeficiency 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 ``PI Post Acute Access Act''.
SEC. 2. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES FOR
PRIMARY IMMUNODEFICIENCY PATIENTS.
(a) In General.--Section 1888(e)(2)(A)(iii) of the Social Security
Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the end
the following new subclause:
``(VII) Items and services needed
for the administration of intravenous
immune globin for the treatment of
primary immune deficiency disease.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after January 1, 2024.
<all>
</pre></body></html>
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118HR3018 | Federal Extreme Risk Protection Order Act of 2023 | [
[
"M001208",
"Rep. McBath, Lucy [D-GA-7]",
"sponsor"
],
[
"C001112",
"Rep. Carbajal, Salud O. [D-CA-24]",
"cosponsor"
],
[
"M001226",
"Rep. Menendez, Robert [D-NJ-8]",
"cosponsor"
],
[
"F000477",
"Rep. Foushee, Valerie P. [D-NC-4]",
"cosponsor"
],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3018 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3018
To authorize the issuance of extreme risk protection orders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. McBath (for herself and Mr. Carbajal) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the issuance of extreme risk protection 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 ``Federal Extreme Risk Protection
Order Act of 2023''.
SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 935. Extreme risk protection orders
``(a) Definitions.--In this section--
``(1) the term `court' means a district court of the United
States;
``(2) the term `designated law enforcement officer' means a
law enforcement officer, designated by a United States marshal,
who agrees to receive firearms, ammunition, and permits, as
applicable, surrendered under subsection (f);
``(3) the term `Director' means the Director of the
Administrative Office of the United States Courts;
``(4) the term `ex parte Federal extreme risk protection
order' or `ex parte Federal order' means a Federal extreme risk
protection order issued under subsection (c);
``(5) the term `Federal extreme risk protection order'
means an order issued by a Federal court that enjoins an
individual from purchasing, possessing, or receiving, in or
affecting interstate and foreign commerce, a firearm or
ammunition;
``(6) the term `family or household member', with respect
to a Federal order respondent, means any--
``(A) parent, spouse, sibling, or child related by
blood, marriage, or adoption to the respondent;
``(B) dating partner of the respondent;
``(C) individual who has a child in common with the
respondent, regardless of whether the individual has--
``(i) been married to the respondent; or
``(ii) lived together with the respondent
at any time;
``(D) individual who resides or has resided with
the respondent during the past year;
``(E) domestic partner of the respondent;
``(F) individual who has a legal parent-child
relationship with the respondent, including a
stepparent-stepchild and grandparent-grandchild
relationship; and
``(G) individual who is acting or has acted as the
legal guardian of the respondent;
``(7) the term `Federal order petitioner' means an
individual authorized to petition for an ex parte or long-term
Federal extreme risk protection order under subsection (b)(1);
``(8) the term `Federal order respondent' means an
individual named in the petition for an ex parte or long-term
Federal extreme risk protection order or subject to an ex parte
or long-term Federal extreme risk protection order;
``(9) the term `long-term Federal extreme risk protection
order' or `long-term Federal order' means a Federal extreme
risk protection order issued under subsection (d);
``(10) the term `mental health agency' means an agency of a
State, Tribal, or local government or its contracted agency
that is responsible for mental health services or co-occurring
mental health and substance abuse services; and
``(11) the term `national instant criminal background check
system' means the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901).
``(b) Petition.--
``(1) In general.--A family or household member of the
applicable individual, or a law enforcement officer, may submit
to an appropriate district court of the United States a
petition requesting that the court issue an ex parte Federal
extreme risk protection order or long-term Federal extreme risk
protection order with respect to an individual.
``(2) No fees.--A court or law enforcement agency may not
charge a petitioner or respondent any fee for--
``(A) filing, issuing, serving, or reporting an
extreme risk protection order;
``(B) a petition for an extreme risk protection
order or any pleading, subpoena, warrant, or motion in
connection with an extreme risk protection order; or
``(C) any order or order to show cause necessary to
obtain or give effect to this section.
``(3) Confidentiality.--A Federal order petitioner who is a
law enforcement officer may provide the identity of the
petitioner's sources, and any identifying information, to the
court under seal.
``(c) Ex Parte Orders.--
``(1) Timing.--
``(A) In general.--Except as provided in
subparagraph (B), a court that receives a petition for
an ex parte Federal order under subsection (b) shall
grant or deny the petition on the date on which the
petition is submitted.
``(B) Late petitions.--If a court receives a
petition for an ex parte Federal order submitted under
subsection (b) too late in the day to permit effective
review, the court shall grant or deny the petition on
the next day of judicial business at a time early
enough to permit the court to file an order with the
clerk of the court during that day.
``(2) Evidence required.--Before issuing an ex parte
Federal order, a court shall require that the petitioner for
such order submit a signed affidavit, sworn to before the
court, that--
``(A) explains why such petitioner believes that
the Federal order respondent poses a risk of imminent
personal injury to self or another individual, by
purchasing, possessing, or receiving a firearm or
ammunition; and
``(B) describes the interactions and conversations
of the petitioner with--
``(i) the respondent; or
``(ii) another individual, if such
petitioner believes that information obtained
from that individual is credible and reliable.
``(3) Standard for issuance of order.--A court may issue an
ex parte Federal order only upon a finding of probable cause to
believe that--
``(A) the Federal order respondent poses a risk of
imminent personal injury to self or another individual,
by purchasing, possessing, or receiving a firearm or
ammunition; and
``(B) the order is necessary to prevent the injury
described in subparagraph (A).
``(4) Duration.--An ex parte Federal order shall expire on
the earlier of--
``(A) the date that is 14 days after the date of
issuance; or
``(B) the date on which the court determines
whether to issue a long-term Federal order with respect
to the respondent.
``(d) Long-Term Federal Orders.--
``(1) Hearing required.--If a court receives a petition for
a long-term Federal extreme risk protection order for a
respondent under subsection (b), the court shall hold a hearing
to determine whether to issue a long-term Federal order with
respect to the respondent either--
``(A)(i) if the court issues an ex parte order with
respect to the respondent, not later than 72 hours
after the ex parte order is served on the respondent;
or
``(ii) if the respondent waives the right to a
hearing within the 72-hour period under clause (i), or
the court does not issue an ex parte order, within 14
days after the date on which the court receives the
petition; or
``(B) in no event later than 14 days after the date
on which the court receives the petition.
``(2) Notice and opportunity to be heard.--
``(A) In general.--The court shall provide the
Federal order respondent with notice and the
opportunity to be heard at a hearing under this
subsection, sufficient to protect the due process
rights of the respondent.
``(B) Right to counsel.--
``(i) In general.--At a hearing under this
subsection, the Federal order respondent may be
represented by counsel who is--
``(I) chosen by the respondent; and
``(II) authorized to practice at
such a hearing.
``(ii) Court-provided counsel.--If the
Federal order respondent is financially unable
to obtain representation by counsel, the court,
at the request of the respondent, shall ensure,
to the extent practicable, that the respondent
is represented by an attorney with respect to
the petition.
``(3) Burden of proof; standard.--At a hearing under this
subsection, the Federal order petitioner--
``(A) shall have the burden of proving all material
facts; and
``(B) shall be required to demonstrate, by clear
and convincing evidence, that--
``(i) the respondent to such order poses a
risk of personal injury to self or another
individual, during the period to be covered by
the proposed Federal extreme risk protection
order, by purchasing, possessing, or receiving
a firearm or ammunition; and
``(ii) the order is necessary to prevent
the injury described in clause (i).
``(4) Issuance.--Upon a showing of clear and convincing
evidence under paragraph (3), the court shall issue a long-term
Federal order with respect to the respondent that shall be in
effect for a period of not more than 180 days.
``(5) Denial.--If the court finds that there is not clear
and convincing evidence to support the issuance of a long-term
Federal order, the court shall dissolve any ex parte Federal
order then in effect with respect to the respondent.
``(6) Renewal.--
``(A) Notice of scheduled expiration.--Thirty days
before the date on which a long-term Federal order is
scheduled to expire, the court that issued the order
shall--
``(i) notify the petitioner and the
respondent to such order that the order is
scheduled to expire; and
``(ii) advise the petitioner and the
respondent of the procedures for seeking a
renewal of the order under this paragraph.
``(B) Petition.--If a family or household member of
the Federal order respondent, or a law enforcement
officer, believes that the conditions under paragraph
(3)(B) continue to apply with respect to a respondent
who is subject to a long-term Federal order, the family
or household member or law enforcement officer may
submit to the court that issued the order a petition
for a renewal of the order.
``(C) Hearing.--A court that receives a petition
submitted under subparagraph (B) shall hold a hearing
to determine whether to issue a renewed long-term
Federal order with respect to the respondent.
``(D) Applicable procedures.--The requirements
under paragraphs (2) through (5) shall apply to the
consideration of a petition for a renewed long-term
Federal order submitted under subparagraph (B) of this
paragraph.
``(E) Issuance.--Upon a showing by clear and
convincing evidence that the conditions under paragraph
(3)(B) continue to apply with respect to the
respondent, the court shall issue a renewed long-term
Federal order with respect to the respondent.
``(e) Factors To Consider.--In determining whether to issue a
Federal extreme risk protection order, a court--
``(1) shall consider factors including--
``(A) a recent threat or act of violence by the
respondent directed toward another individual;
``(B) a recent threat or act of violence by the
respondent directed toward self;
``(C) a recent act of cruelty to an animal by the
respondent; and
``(D) evidence of ongoing abuse of a controlled
substance or alcohol by the respondent that has led to
a threat or act of violence directed to self or another
individual; and
``(2) may consider other factors, including--
``(A) the reckless use, display, or brandishing of
a firearm by the respondent;
``(B) a history of violence or attempted violence
by the respondent against another individual; and
``(C) evidence of an explicit or implicit threat
made by the person through any medium that demonstrate
that the person poses a risk of personal injury to self
or another individual.
``(f) Relinquishment of Firearms and Ammunition.--
``(1) Order of surrender.--Upon issuance of an ex parte
Federal order or long-term Federal order, the court shall order
the respondent to such order to surrender all firearms and
ammunition that the respondent possesses or owns, in or
affecting interstate commerce, as well as any permit
authorizing the respondent to purchase or possess firearms
(including a concealed carry permit), to--
``(A) the United States Marshals Service; or
``(B) a designated law enforcement officer.
``(2) Surrender and removal.--
``(A) Manner of service.--
``(i) Personal service.--Except as provided
in clause (ii), a United States marshal or
designated law enforcement officer shall serve
a Federal extreme risk protection order on a
respondent by handing the order to the
respondent to such order.
``(ii) Alternative service.--If the
respondent cannot reasonably be located for
service as described in clause (i), a Federal
extreme risk protection order may be served on
the respondent in any manner authorized under
the Federal Rules of Civil Procedure.
``(B) Removal.--Except as provided in subparagraph
(C), a United States marshal or designated law
enforcement officer serving a Federal extreme risk
protection order personally on the respondent shall--
``(i) request that all firearms and
ammunition, in or affecting interstate
commerce, as well as any permit authorizing the
respondent to purchase or possess firearms
(including a concealed carry permit), that the
respondent possesses or owns--
``(I) be immediately surrendered to
the United States marshal or designated
law enforcement officer; or
``(II) at the option of the
respondent, be immediately surrendered
and sold to a federally licensed
firearms dealer; and
``(ii) take possession of all firearms and
ammunition described in clause (i) that are not
sold under subclause (II) of that clause, as
well as any permit described in that clause,
that are--
``(I) surrendered;
``(II) in plain sight; or
``(III) discovered pursuant to a
lawful search.
``(C) Alternative surrender.--If a United States
marshal or designated law enforcement officer is not
able to personally serve a Federal extreme risk
protection order under subparagraph (A)(i), or is not
reasonably able to take custody of the firearms,
ammunition, and permits under subparagraph (B), the
respondent shall surrender the firearms, ammunition,
and permits in a safe manner to the control of a United
States marshal or designated law enforcement officer
not later than 48 hours after being served with the
order.
``(3) Receipt.--
``(A) Issuance.--At the time of surrender or
removal under paragraph (2), a United States marshal or
designated law enforcement officer taking possession of
a firearm, ammunition, or a permit pursuant to a
Federal extreme risk protection order shall--
``(i) issue a receipt identifying all
firearms, ammunition, and permits that have
been surrendered or removed; and
``(ii) provide a copy of the receipt issued
under clause (i) to the respondent to such
order.
``(B) Filing.--Not later than 72 hours after
issuance of a receipt under subparagraph (A), the
United States marshal who issued the receipt or
designated another law enforcement officer to do so
shall--
``(i) file the original receipt issued
under subparagraph (A) of this paragraph with
the court that issued the Federal extreme risk
protection order; and
``(ii) ensure that the United States
Marshals Service retains a copy of the receipt.
``(C) Designated law enforcement officer.--If a
designated law enforcement officer issues a receipt
under subparagraph (A), the officer shall submit the
original receipt and a copy of the receipt to the
appropriate United States marshal to enable the United
States marshal to comply with subparagraph (B).
``(4) Forfeiture.--If a respondent knowingly attempts, in
violation of a Federal extreme risk protection order, to access
a firearm, ammunition, or a permit that was surrendered or
removed under this subsection, the firearm, ammunition, or
permit shall be subject to seizure and forfeiture under section
924(d).
``(g) Return of Firearms and Ammunition.--
``(1) Notice.--If a Federal extreme risk protection order
is dissolved, or expires and is not renewed, the court that
issued the order shall order the United States Marshals Service
to--
``(A) confirm, through the national instant
criminal background check system and any other relevant
law enforcement databases, that the respondent to such
order may lawfully own and possess firearms and
ammunition; and
``(B)(i) if the respondent may lawfully own and
possess firearms and ammunition, notify the respondent
that the respondent may retrieve each firearm,
ammunition, or permit surrendered by or removed from
the respondent under subsection (f); or
``(ii) if the respondent may not lawfully own or
possess firearms and ammunition, notify the respondent
that each firearm, ammunition, or permit surrendered by
or removed from the respondent under subsection (f)
will be returned only when the respondent demonstrates
to the United States Marshals Service that the
respondent may lawfully own and possess firearms and
ammunition.
``(2) Return.--If a Federal extreme risk protection order
is dissolved, or expires and is not renewed, and the United
States Marshals Service confirms under paragraph (1)(A) that
the respondent may lawfully own and possess firearms and
ammunition, the court that issued the order shall order the
entity that possesses each firearm, ammunition, or permit
surrendered by or removed from the respondent under subsection
(f) to return those items to the respondent.
``(h) Return of Firearms and Ammunition Improperly Received.--If a
court, in a hearing under subsection (d), determines that a firearm or
ammunition surrendered by or removed from a respondent under subsection
(f) is owned by an individual other than the respondent, the court may
order the United States marshal or designated law enforcement officer
in possession of the firearm or ammunition to transfer the firearm or
ammunition to that individual if--
``(1) the individual may lawfully own and possess firearms
and ammunition; and
``(2) the individual will not provide the respondent with
access to the firearm or ammunition.
``(i) Penalty for False Reporting or Frivolous Petitions.--An
individual who knowingly submits materially false information to the
court in a petition for a Federal extreme risk protection order under
this section, or who knowingly files such a petition that is frivolous,
unreasonable, or without foundation, shall be fined not more than
$5,000, or imprisoned not more than 5 years, or both, except to the
extent that a greater sentence is otherwise provided by any other
provision of law, as the court deems necessary to deter such abuse of
process.
``(j) Model Policy.--
``(1) In general.--The Director shall draft a model policy
to maximize the accessibility of Federal extreme risk
protection orders.
``(2) Contents.--In drafting the model policy under
paragraph (1), the Director shall--
``(A) ensure that State, Tribal, and local law
enforcement officers and members of the public without
legal training are able to easily file petitions for
Federal extreme risk protection orders;
``(B) prescribe outreach efforts by employees of
the district courts of the United States to familiarize
relevant law enforcement officers and the public with
the procedures for filing petitions, either--
``(i) through direct outreach; or
``(ii) in coordination with--
``(I) relevant officials in the
executive or legislative branch of the
Federal Government; or
``(II) with relevant State, Tribal,
and local officials;
``(C) prescribe policies for allowing the filing of
petitions and prompt adjudication of petitions on
weekends and outside of normal court hours;
``(D) prescribe policies for coordinating with law
enforcement agencies to ensure the safe, timely, and
effective service of Federal extreme risk protection
orders and relinquishment of firearms, ammunition, and
permits, as applicable; and
``(E) identify governmental and non-governmental
resources and partners to help officials of the
district courts of the United States coordinate with
civil society organizations to ensure the safe and
effective implementation of this section.
``(k) Reporting.--
``(1) Individual reports.--
``(A) In general.--Not later than 2 court days
after the date on which a court issues or dissolves a
Federal extreme risk protection order under this
section or a Federal extreme risk protection order
expires without being renewed, the court shall notify--
``(i) the Attorney General;
``(ii) each relevant mental health agency
in the State in which the order is issued; and
``(iii) State and local law enforcement
officials in the jurisdiction in which the
order is issued, including the national instant
criminal background check system single point
of contact for the State of residence of the
respondent, where applicable.
``(B) Format.--A court shall submit a notice under
subparagraph (A) in an electronic format, in a manner
prescribed by the Attorney General.
``(C) Update of databases.--As soon as practicable
and not later than 5 days after receiving a notice
under subparagraph (A), the Attorney General shall
update the background check databases of the Attorney
General to reflect the prohibitions articulated in the
applicable Federal extreme risk protection order.
``(2) Annual report.--Not later than 1 year after the date
of enactment of the Federal Extreme Risk Protection Order Act
of 2023, and annually thereafter, the Director shall submit to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report that
includes, with respect to the preceding year--
``(A) the number of petitions for ex parte Federal
orders filed, as well as the number of such orders
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized
under subsection (b) to petition for a Federal
extreme risk protection order is a law
enforcement officer, or a family or household
member, and in the case of a family or
household member, which of subparagraphs (A)
through (G) of subsection (a)(6) describes the
relationship; and
``(iii) the alleged danger posed by the
Federal order respondent, including whether the
danger involved a risk of suicide,
unintentional injury, domestic violence, or
other interpersonal violence;
``(B) the number of petitions for long-term Federal
orders filed, as well as the number of such orders
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized
under subsection (b) to petition for a Federal
extreme risk protection order is a law
enforcement officer, or a family or household
member, and in the case of a family or
household member, which of subparagraphs (A)
through (G) of subsection (a)(6) describes the
relationship; and
``(iii) the alleged danger posed by the
Federal order respondent, including whether the
danger involved a risk of suicide,
unintentional injury, domestic violence, or
other interpersonal violence;
``(C) the number of petitions for renewals of long-
term Federal orders filed, as well as the number of
such orders issued and the number denied;
``(D) the number of cases in which a court has
issued a penalty for false reporting or frivolous
petitions;
``(E) demographic data of Federal order
petitioners, including race, ethnicity, national
origin, sex, gender, age, disability, average annual
income, and English language proficiency, if available;
``(F) demographic data of Federal order
respondents, including race, ethnicity, national
origin, sex, gender, age, disability, average annual
income, and English language proficiency, if available;
and
``(G) the total number of firearms removed pursuant
to Federal extreme risk protection orders, and, if
available, the number of firearms removed pursuant to
each such order.
``(l) Training for Federal Law Enforcement Officers.--
``(1) Training requirements.--The head of each Federal law
enforcement agency shall require each Federal law enforcement
officer employed by the agency to complete training in the
safe, impartial, effective, and equitable use and
administration of Federal extreme risk protection orders,
including training to address--
``(A) bias based on race and racism, ethnicity,
gender, sexual orientation, gender identity, religion,
language proficiency, mental health condition,
disability, and classism in the use and administration
of Federal extreme risk protection orders;
``(B) the appropriate use of Federal extreme risk
protection orders in cases of domestic violence,
including the applicability of other policies and
protocols to address domestic violence in situations
that may also involve Federal extreme risk protection
orders and the necessity of safety planning with the
victim before law enforcement petitions for and
executes a Federal extreme risk protection order, if
applicable;
``(C) interacting with persons with mental,
behavioral, or physical disabilities, or emotional
distress, including de-escalation techniques and crisis
intervention;
``(D) techniques for outreach to historically
marginalized cultural communities and the development
of linguistic proficiencies for law enforcement;
``(E) community relations; and
``(F) best practices for referring persons subject
to Federal extreme risk protection orders and
associated victims of violence to social service
providers that may be available in the jurisdiction and
appropriate for those individuals, including health
care, mental health, substance abuse, and legal
services, employment and vocational services, housing
assistance, case management, and veterans and
disability benefits.
``(2) Training development.--Federal law enforcement
agencies developing law enforcement training required under
this section shall seek advice from domestic violence service
providers (including culturally specific (as defined in section
40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291)) providers), social service providers, suicide
prevention advocates, violence intervention specialists, law
enforcement agencies, mental health disability experts, and
other community groups working to reduce suicides and violence,
including domestic violence, within the State.
``(m) Rule of Construction.--Nothing in this section shall be
construed to alter the requirements of subsection (d)(8) or (g)(8) of
section 922, related to domestic violence protective orders.
``(n) Preemption.--Nothing in this section may be construed to
preempt any State law or policy.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
44 of title 18, United States Code, is amended by adding at the
end the following:
``935. Extreme risk protection orders.''.
(2) Forfeiture.--Section 924(d)(3) of title 18, United
States Code, is amended--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) any attempt to violate a Federal extreme risk
protection order issued under section 935.''.
SEC. 3. FEDERAL FIREARMS PROHIBITION.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (10), by striking ``or'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (11) the
following:
``(12) is subject to a court order--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as
defined in section 4(a) of the Federal Extreme Risk
Protection Order Act of 2023).''; and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as
defined in section 4(a) of the Federal Extreme Risk
Protection Order Act of 2023),''.
SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or Indian Tribe--
(i) that enacts legislation described in
subsection (c);
(ii) with respect to which the Attorney
General determines that the legislation
described in clause (i) complies with the
requirements under subsection (c)(1); and
(iii) that certifies to the Attorney
General that the State or Indian Tribe shall--
(I) use the grant for the purposes
described in subsection (b)(2); and
(II) allocate not less than 25
percent and not more than 70 percent of
the amount received under a grant under
subsection (b) for the development and
dissemination of training for law
enforcement officers in accordance with
subsection (b)(4); or
(B) a unit of local government or other public or
private entity that--
(i) is located in a State or in the
territory under the jurisdiction of an Indian
Tribe that meets the requirements described in
clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that
the unit of local government or entity shall--
(I) use the grant for the purposes
described in subsection (b)(2); and
(II) allocate not less than 25
percent and not more than 70 percent of
the amount received under a grant under
this section for the development and
dissemination of training for law
enforcement officers in accordance with
subsection (b)(4).
(2) Extreme risk protection order.--The term ``extreme risk
protection order'' means a written order or warrant, issued by
a State or Tribal court or signed by a magistrate (or other
comparable judicial officer), the primary purpose of which is
to reduce the risk of firearm-related death or injury by doing
1 or more of the following:
(A) Prohibiting a named individual from having
under the custody or control of the individual, owning,
purchasing, possessing, or receiving a firearm.
(B) Having a firearm removed or requiring the
surrender of firearms from a named individual.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 1709 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10389).
(5) Law enforcement officer.--The term ``law enforcement
officer'' means a public servant authorized by Federal, State,
local, or Tribal law or by a Federal, State, local, or Tribal
government agency to--
(A) engage in or supervise the prevention,
detection, investigation, or prosecution of an offense;
or
(B) supervise sentenced criminal offenders.
(6) Petitioner.--The term ``petitioner'' means an
individual authorized under State or Tribal law to petition for
an extreme risk protection order.
(7) Respondent.--The term ``respondent'' means an
individual named in the petition for an extreme risk protection
order or subject to an extreme risk protection order.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(9) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
(b) Grant Program Established.--
(1) In general.--The Director of the Office of Community
Oriented Policing Services of the Department of Justice shall
establish a program under which, from amounts made available to
carry out this section, the Director may make grants to
eligible entities to assist in carrying out the provisions of
the legislation described in subsection (c).
(2) Use of funds.--Funds awarded under this subsection may
be used by an applicant to--
(A) enhance the capacity of law enforcement
agencies and the courts of a State, unit of local
government, or Indian Tribe by providing personnel,
training, technical assistance, data collection, and
other resources to carry out enacted legislation
described in subsection (c);
(B) train judges, court personnel, health care and
legal professionals, and law enforcement officers to
more accurately identify individuals whose access to
firearms poses a danger of causing harm to themselves
or others by increasing the risk of firearms suicide or
interpersonal violence;
(C) develop and implement law enforcement and court
protocols, forms, and orders so that law enforcement
agencies and the courts may carry out the provisions of
the enacted legislation described in subsection (c) in
a safe, equitable, and effective manner, including
through the removal and storage of firearms pursuant to
extreme risk protection orders under the enacted
legislation; and
(D) raise public awareness and understanding of the
enacted legislation described in subsection (c),
including through subgrants to community-based
organizations for the training of community members, so
that extreme risk protection orders may be issued in
appropriate situations to reduce the risk of firearms-
related death and injury.
(3) Application.--An eligible entity desiring a grant under
this subsection shall submit to the Attorney General an
application at such time, in such manner, and containing or
accompanied by such information as the Attorney General may
reasonably require.
(4) Training.--
(A) In general.--A recipient of a grant under this
subsection shall provide training to law enforcement
officers, including officers of relevant Federal,
State, local, and Tribal law enforcement agencies, in
the safe, impartial, effective, and equitable use and
administration of extreme risk protection orders,
including training to address--
(i) bias based on race and racism,
ethnicity, gender, sexual orientation, gender
identity, religion, language proficiency,
mental health condition, disability, and
classism in the use and administration of
extreme risk protection orders;
(ii) the appropriate use of extreme risk
protection orders in cases of domestic
violence, including the applicability of other
policies and protocols to address domestic
violence in situations that may also involve
extreme risk protection orders and the
necessity of safety planning with the victim
before a law enforcement officer petitions for
and executes an extreme risk protection order,
if applicable;
(iii) interacting with persons with mental,
behavioral, or physical disabilities, or
emotional distress, including de-escalation
techniques and crisis intervention;
(iv) techniques for outreach to
historically marginalized cultural communities
and the development of linguistic proficiencies
for law enforcement;
(v) community relations; and
(vi) best practices for referring persons
subject to extreme risk protection orders and
associated victims of violence to social
service providers that may be available in the
jurisdiction and appropriate for those
individuals, including health care, mental
health, substance abuse, and legal services,
employment and vocational services, housing
assistance, case management, and veterans and
disability benefits.
(B) Consultation with experts.--A recipient of a
grant under this subsection, in developing law
enforcement training required under subparagraph (A),
shall seek advice from domestic violence service
providers (including culturally specific (as defined in
section 40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291)) providers), social service
providers, suicide prevention advocates, violence
intervention specialists, law enforcement agencies,
mental health disability experts, and other community
groups working to reduce suicides and violence,
including domestic violence, within the State or the
territory under the jurisdiction of the Indian Tribe,
as applicable, that enacted the legislation described
in subsection (c) that enabled the grant recipient to
be an eligible entity.
(5) Incentives.--For each of fiscal years 2024 through
2028, the Attorney General shall give affirmative preference in
awarding any discretionary grant awarded by the Office of
Community Oriented Policing Services to a State or Indian Tribe
that has enacted legislation described in subsection (c) or to
a unit of local government or other public or private entity
located in such a State or in the territory under the
jurisdiction of such an Indian Tribe.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(c) Eligibility for Extreme Risk Protection Order Grant Program.--
(1) Requirements.--Legislation described in this subsection
is legislation that establishes requirements that are
substantially similar to the following:
(A) Application for extreme risk protection
order.--A petitioner, including a law enforcement
officer, may submit an application to a State or Tribal
court, on a form designed by the court or a State or
Tribal agency, that--
(i) describes the facts and circumstances
justifying that an extreme risk protection
order be issued against the named individual;
and
(ii) is signed by the applicant, under
oath.
(B) Notice and due process.--The individual named
in an application for an extreme risk protection order
as described in subparagraph (A) shall be given written
notice of the application and an opportunity to be
heard on the matter in accordance with this paragraph.
(C) Issuance of extreme risk protection orders.--
(i) Hearing.--
(I) In general.--Upon receipt of an
application described in subparagraph
(A) or request of an individual named
in such an application, the court shall
order a hearing to be held within a
reasonable time, and not later than 30
days after the date of the application
or request.
(II) Determination.--If the court
finds at the hearing ordered under
subclause (I), by a preponderance of
the evidence or according to a higher
evidentiary standard established by the
State or Indian Tribe, that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm, the court may issue an
extreme risk protection order.
(ii) Duration of extreme risk protection
order.--An extreme risk protection order shall
be in effect--
(I) until an order terminating or
superseding the extreme risk protection
order is issued; or
(II) for a set period of time.
(D) Ex parte extreme risk protection orders.--
(i) In general.--Upon receipt of an
application described in subparagraph (A), the
court may issue an ex parte extreme risk
protection order, if--
(I) the application for an extreme
risk protection order alleges that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm; and
(II) the court finds there is
reasonable cause to believe, or makes a
finding according to a higher
evidentiary standard established by the
State or Indian Tribe, that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm.
(ii) Duration of ex parte extreme risk
protection order.--An ex parte extreme risk
protection order shall remain in effect only
until the hearing required under subparagraph
(C)(i).
(E) Storage of removed firearms.--
(i) Availability for return.--All firearms
removed or surrendered pursuant to an extreme
risk protection order shall only be available
for return to the named individual when the
individual has regained eligibility under
Federal and State law, and, where applicable,
Tribal law to possess firearms.
(ii) Consent required for disposal or
destruction.--Firearms owned by a named
individual may not be disposed of or destroyed
during the period of the extreme risk
protection order without the consent of the
named individual.
(F) Notification.--
(i) In general.--
(I) Requirement.--A State or Tribal
court that issues an extreme risk
protection order shall notify the
Attorney General or the comparable
State or Tribal agency, as applicable,
of the order as soon as practicable or
within a designated period of time.
(II) Form and manner.--A State or
Tribal court shall submit a
notification under subclause (I) in an
electronic format, in a manner
prescribed by the Attorney General or
the comparable State or Tribal agency.
(ii) Update of databases.--As soon as
practicable or within the time period
designated by State or Tribal law after
receiving a notification under clause (i), the
Attorney General or the comparable State or
Tribal agency shall ensure that the extreme
risk protection order is reflected in the
National Instant Criminal Background Check
System.
(2) Additional provisions.--Legislation described in this
subsection may--
(A) provide procedures for the termination of an
extreme risk protection order;
(B) provide procedures for the renewal of an
extreme risk protection order;
(C) establish burdens and standards of proof for
issuance of orders described in paragraph (1) that are
substantially similar to or higher than the burdens and
standards of proof set forth in that paragraph;
(D) limit the individuals who may submit an
application described in paragraph (1), provided that,
at a minimum, law enforcement officers are authorized
to do so; and
(E) include any other authorizations or
requirements that the State or Tribal authorities
determine appropriate.
(3) Annual report.--Not later than 1 year after the date on
which an eligible entity receives a grant under subsection (b),
and annually thereafter for the duration of the grant period,
the entity shall submit to the Attorney General a report that
includes, with respect to the preceding year--
(A) the number of petitions for ex parte extreme
risk protection orders filed, as well as the number of
such orders issued and the number denied, disaggregated
by--
(i) the jurisdiction;
(ii) the individual authorized under State
or Tribal law to petition for an extreme risk
protection order, including the relationship of
the individual to the respondent; and
(iii) the alleged danger posed by the
respondent, including whether the danger
involved a risk of suicide, unintentional
injury, domestic violence, or other
interpersonal violence;
(B) the number of petitions for extreme risk
protection orders filed, as well as the number of such
orders issued and the number denied, disaggregated by--
(i) the jurisdiction;
(ii) the individual authorized under State
or Tribal law to petition for an extreme risk
protection order, including the relationship of
the individual to the respondent; and
(iii) the alleged danger posed by the
respondent, including whether the danger
involved a risk of suicide, unintentional
injury, domestic violence, or other
interpersonal violence;
(C) the number of petitions for renewals of extreme
risk protection orders filed, as well as the number of
such orders issued and the number denied;
(D) the number of cases in which a court imposed a
penalty for false reporting or frivolous petitions;
(E) demographic data of petitioners, including
race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language
proficiency, if available;
(F) demographic data of respondents, including
race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language
proficiency, if available; and
(G) the total number of firearms removed pursuant
to extreme risk protection orders, and, if available,
the number of firearms removed pursuant to each such
order.
SEC. 5. IDENTIFICATION RECORDS.
Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5)(A) subject to subparagraph (B), acquire, collect,
classify, and preserve records from Federal, Tribal, and State
courts and other agencies identifying individuals subject to
extreme risk protection orders, as defined in section 4(a) of
the Federal Extreme Risk Protection Order Act of 2023; and
``(B) destroy each record acquired or collected under
subparagraph (A) when the applicable extreme risk protection
order expires or is terminated or dissolved; and'';
(2) in subsection (b), by striking ``(a)(5)'' and inserting
``(a)(6)''; and
(3) by adding at the end the following:
``(g) Extreme Risk Protection Orders in National Crime Information
Databases.--A Federal, Tribal, or State criminal justice agency or
criminal or civil court may--
``(1) include extreme risk protection orders, as defined in
section 4 of the Federal Extreme Risk Protection Order Act of
2023, and Federal extreme risk protection orders, as defined in
section 935 of title 18, in national crime information
databases, as that term is defined in subsection (f)(3) of this
section; and
``(2) have access to information regarding extreme risk
protection orders and Federal extreme risk protection orders
through the national crime information databases.''.
SEC. 6. FULL FAITH AND CREDIT.
(a) Definitions.--In this section, the terms ``extreme risk
protection order'', ``Indian Tribe'', and ``State'' have the meanings
given those terms in section 4(a).
(b) Full Faith and Credit Required.--Any extreme risk protection
order issued under a State or Tribal law enacted in accordance with
this Act shall be accorded the same full faith and credit by the court
of another State or Indian Tribe (referred to in this subsection as the
``enforcing State or Indian Tribe'') and enforced by the court and law
enforcement personnel of the other State or Tribal government as if it
were the order of the enforcing State or Indian Tribe.
(c) Applicability to Protection Orders.--
(1) In general.--Subsection (b) shall apply to a protection
order issued by a State or Tribal court if--
(A) the court has jurisdiction over the parties and
matter under the law of the State or Indian Tribe; and
(B) reasonable notice and opportunity to be heard
is given to the person against whom the order is sought
sufficient to protect that person's right to due
process.
(2) Ex parte protection orders.--For purposes of paragraph
(1)(B), in the case of an ex parte protection order, notice and
opportunity to be heard shall be provided within the time
required by State or Tribal law, and in any event within a
reasonable time after the order is issued, sufficient to
protect the due process rights of the respondent.
(d) Tribal Court Jurisdiction.--For purposes of this section, a
court of an Indian Tribe shall have full civil jurisdiction to issue
and enforce a protection order involving any person, including the
authority to enforce any order through civil contempt proceedings, to
exclude violators from Indian land, and to use other appropriate
mechanisms, in matters arising anywhere in the Indian country (as
defined in section 1151 of title 18, United States Code) of the Indian
Tribe or otherwise within the authority of the Indian Tribe.
SEC. 7. CONFORMING AMENDMENT.
Section 3(1) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40903(1)) is amended by striking ``section 922(g)(8)'' and
inserting ``paragraph (8) or (10) of section 922(g)''.
SEC. 8. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 180 days after the date of enactment of this Act.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 72 (Friday, April 28, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nMrs. McBATH:\nH.R. 3018.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle I, Section 8, Clause 3 of the U.S. Constitution\nThe single subject of this legislation is:\nFederal Extreme Risk Protection Order\n[Page H2120]\n</pre>",
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118HR3019 | Federal Prison Oversight Act | [
[
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"Rep. McBath, Lucy [D-GA-7]",
"sponsor"
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[
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[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3019
To establish an inspections regime for the Bureau of Prisons, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. McBath (for herself and Mr. Armstrong) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To establish an inspections regime for the Bureau of Prisons, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prison Oversight Act''.
SEC. 2. CREATION OF AN INSPECTIONS REGIME FOR THE BUREAU OF PRISONS.
(a) In General.--Section 413 of title 5, United States Code, is
amended by adding at the end the following:
``(e) Inspections Regime.--
``(1) Definitions.--In this subsection:
``(A) Bureau.--The term `Bureau' means the Bureau
of Prisons.
``(B) Covered facility.--The term `covered
facility'--
``(i) means a correctional facility
operated by the Bureau; and
``(ii) does not include a State, local,
Tribal, or territorial facility.
``(C) Family member.--The term `family member'
includes a grandparent, parent, sibling, spouse or
domestic partner, child, aunt, uncle, cousin, niece,
nephew, grandchild, or any other person related to an
individual by blood, adoption, marriage, civil union,
or a romantic or fostering relationship.
``(D) Inspector general.--The term `Inspector
General' means the Inspector General of the Department
of Justice.
``(E) Ombudsman.--The term `Ombudsman' means the
Ombudsman established under paragraph (3)(A).
``(F) Representative of an incarcerated person.--
The term `representative of an incarcerated person'
includes paid or unpaid legal counsel or any other
person or entity chosen by an incarcerated person to
represent the interests of the incarcerated person.
``(G) Sexual abuse.--The term `sexual abuse' has
the meaning given that term in section 115.6 of title
28, Code of Federal Regulations (or any successor
thereto).
``(H) Staff.--The term `staff' means employees and
contractors of the Bureau.
``(2) Inspections of covered facilities by the inspector
general.--
``(A) Establishment of inspections regime.--
``(i) In general.--The Inspector General
shall conduct periodic inspections of covered
facilities pursuant to the requirements of this
subsection.
``(ii) Access to covered facilities.--The
Attorney General shall ensure that the
Inspector General has access to any covered
facility, including the incarcerated people,
detainees, staff, bargaining unit
representative organization, and any other
information that the Inspector General
determines is necessary to carry out the
provisions of this subsection.
``(iii) Notice of inspections.--An
inspection of a covered facility under this
subsection may be announced or unannounced.
``(iv) Community input.--In developing the
inspections regime under this subsection, the
Inspector General is encouraged to consult
formerly incarcerated people, family or
representatives of incarcerated people, and
community advocates.
``(B) Inspection criteria.--An inspection of a
covered facility under this subsection may include an
assessment of the following:
``(i) The policies, procedures, and
administrative guidance of the facility.
``(ii) The conditions of confinement.
``(iii) Working conditions for staff.
``(iv) The availability of evidence-based
recidivism reduction programs and productive
activities, as such terms are defined in
section 3635 of title 18, and the application
of earned time credits pursuant to section 3632
of title 18.
``(v) The policies and procedures relating
to visitation.
``(vi) The policies and practices relating
to classification and housing.
``(vii) The policies and practices relating
to the use of single-cell confinement,
administrative segregation, and other forms of
restrictive housing.
``(viii) The medical facilities and medical
and mental health care, programs, procedures,
and policies, including the number and
qualifications of medical and mental health
staff and the availability of gender-
appropriate and trauma-responsive care for
incarcerated people.
``(ix) Medical services and mental health
resources for staff.
``(x) Lockdowns at the facility.
``(xi) Credible allegations of incidents
involving excessive use of force, completed,
attempted, or threatened violence, including
sexual abuse, or misconduct committed against
incarcerated people.
``(xii) Credible allegations of incidents
involving completed, attempted, or threatened
violence, including sexual violence or sexual
abuse, committed against staff.
``(xiii) Adequacy of staffing at the
covered facility, including the number and job
assignments of staff, the ratio of staff to
inmates at the facility, the staff position
vacancy rate at the facility, and the use of
overtime, mandatory overtime, and augmentation.
``(xiv) Deaths or serious injuries of
incarcerated people or staff that occurred at
the facility.
``(xv) The existence of contraband that
jeopardizes the health or safety of
incarcerated people or staff, including
incident reports, referrals for criminal
prosecution, and confirmed prosecutions.
``(xvi) Access of incarcerated people to--
``(I) legal counsel, including
confidential meetings and
communications;
``(II) discovery and other case-
related legal materials; and
``(III) the law library at the
covered facility.
``(xvii) Any aspect of the operation of the
covered facility that the Inspector General
determines to be necessary over the course of
an inspection.
``(C) Inspection schedule.--An inspection of a
covered facility under this subsection shall be
conducted on a schedule based on the combined risk
score of the covered facility as described in
subparagraph (E) and the following considerations:
``(i) Higher risk facilities shall receive
more frequent inspections.
``(ii) The Inspector General shall
reevaluate the combined risk score methodology
and inspection schedule periodically and may
alter 1 or both to ensure that higher risk
facilities are identified and receiving the
appropriate frequency of inspection.
``(iii) A determination by the Inspector
General that 1 or more of the criteria listed
in subparagraph (B) should be inspected, with
regard to a covered facility or group of
covered facilities.
``(D) Report.--
``(i) In general.--Upon completion of an
inspection of a covered facility under this
subsection, or a group of inspections that
assess the same or similar issues at more than
1 facility, the Inspector General shall produce
a report to be made available to the Attorney
General, the Committee on the Judiciary of the
Senate, the Committee on the Judiciary of the
House of Representatives, employee
representative organizations, and the public,
that addresses 1 or more of the following
topics:
``(I) A characterization of the
conditions of confinement and working
conditions, including a summary of the
inspection criteria reviewed under
clauses (ii) and (iii) of subparagraph
(B).
``(II) Recommendations made to the
covered facility to improve safety and
conditions within the facility,
including recommendations regarding
staffing.
``(III) A recommended timeline for
the next inspection and assessment,
which shall not limit the authority of
the Inspector General to perform
additional inspections and assessments,
announced or unannounced.
``(IV) Any other issues or matters
identified during the inspection of the
facility or facilities.
``(ii) Consultation with stakeholders.--In
developing the recommendations described in
clause (i), the Inspector General may consult
with stakeholders, including employee
representative organizations.
``(E) Risk score.--Not later than 18 months after
the date of enactment of the Federal Prison Oversight
Act, the Inspector General shall establish methodology
and protocols for determining the combined risk score
of a covered facility, which--
``(i) shall be delivered to the Committee
on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives; and
``(ii) may be based on--
``(I) frequency and duration of
lockdowns;
``(II) availability of programming;
``(III) staffing levels;
``(IV) access to adequate physical
and mental health resources;
``(V) incidences of physical
assault, neglect, or sexual abuse;
``(VI) opportunity to maintain
family ties through phone calls, video
calls, mail, email, and visitation;
``(VII) adequacy of the nutrition
provided;
``(VIII) amount or frequency of
staff discipline cases;
``(IX) amount or frequency of
misconduct by people incarcerated at
the covered facility;
``(X) access of incarcerated people
to--
``(aa) legal counsel,
including confidential meetings
and communications;
``(bb) discovery and other
case-related legal materials;
and
``(cc) the law library at
the covered facility; and
``(XI) other factors as determined
by the Inspector General.
``(F) Bureau response to report.--
``(i) In general.--Not later than 60 days
after the date on which the Inspector General
issues a report under subparagraph (D), the
Bureau shall respond in writing to the
inspection report, which shall include a
corrective action plan.
``(ii) Public availability.--Each response
and action plan described in clause (i) shall
be made available to the public on the website
of the Inspector General.
``(iii) Compliance with corrective action
plan.--The Inspector General may conduct
additional inspections or investigations,
announced or unannounced, to monitor the
compliance of the Bureau with a corrective
action plan described in clause (i).
``(G) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede,
conflict with, or otherwise alter the authority
provided to the Inspector General under section 406.
``(3) Ombudsman.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Federal Prison Oversight Act,
the Attorney General shall establish in the Department
of Justice an Ombudsman who may--
``(i) receive a complaint from an
incarcerated person, a family member, a
representative of an incarcerated person,
staff, or others regarding issues that may
adversely affect the health, safety, welfare,
or rights of incarcerated people or staff,
including--
``(I) abuse or neglect;
``(II) the conditions of
confinement, including the availability
of health care;
``(III) working conditions of
staff;
``(IV) decisions, administrative
actions, or guidance of the Bureau,
including those relating to prison
staffing;
``(V) inaction or omissions by the
Bureau, including failure to consider
or respond to complaints or grievances
by incarcerated people or staff
promptly or appropriately;
``(VI) policies, rules, or
procedures of the Bureau, including
gross mismanagement; and
``(VII) alleged violations of non-
criminal law by staff or incarcerated
people that may adversely affect the
health, safety, welfare, or rights of
any person;
``(ii) refer a complainant and others to
appropriate resources or Federal agencies;
``(iii) make inquiries and recommend
actions to appropriate entities on behalf of a
complainant, the Ombudsman, or others; and
``(iv) decline to investigate or take any
action with respect to any complaint and, in
any case in which the Ombudsman declines to
investigate or take any action, shall notify
the complainant in writing of the decision not
to investigate or take any action and the
reasons for the decision.
``(B) Limitations on authority.--The Ombudsman--
``(i) may not investigate--
``(I) any complaints relating to
the underlying criminal conviction of
an incarcerated person;
``(II) a complaint from staff that
relates to the employment or
contractual relationship of the staff
member with the Bureau, unless the
complaint is related to the health,
safety, welfare, working conditions,
gross mismanagement of a covered
facility, or rehabilitation of
incarcerated people; or
``(III) any allegation of criminal
or administrative misconduct, as
described in subsection (b)(2), and
shall refer any matter covered by
subsection (b)(2) to the Inspector
General, who may, at the discretion of
Inspector General, refer such
allegations back to the Ombudsman or
the internal affairs office of the
appropriate component of the Department
of Justice; and
``(ii) may not levy any fees for the
submission or investigation of complaints.
``(C) Decision on the merits of a complaint.--At
the conclusion of an investigation of a complaint, the
Ombudsman shall--
``(i) render a decision on the merits of
each complaint;
``(ii) communicate the decision to the
complainant, if any, and to the Bureau; and
``(iii) state the recommendations and
reasoning of the Ombudsman if, in the opinion
of the Ombudsman, the Bureau or any employee
thereof should--
``(I) consider the matter further;
``(II) modify or cancel any action;
``(III) alter a rule, practice, or
ruling;
``(IV) explain in detail the
administrative action in question; or
``(V) rectify an omission.
``(D) Actions following a decision by the
ombudsman.--
``(i) Request for information about actions
taken.--If the Ombudsman so requests, the
Bureau shall, within the time specified,
respond to any inquiry or request for
information from the Ombudsman and inform the
Ombudsman about any action taken on the
recommendations provided by the Ombudsman or
the reasons for not complying with any request
for information or recommendations.
``(ii) Reporting of continuing issues.--If
the Ombudsman believes, based on an
investigation conducted by the Ombudsman, that
there has been or continues to be a significant
health, safety, welfare, working conditions, or
rehabilitation issue, the Ombudsman shall
report the finding to the Attorney General, the
Committee on the Judiciary of the Senate, and
the Committee on the Judiciary of the House of
Representatives.
``(iii) Monitoring of internal disciplinary
actions of the bureau.--In the event that the
Bureau conducts an internal disciplinary
investigation or review of 1 or more staff
members of the Bureau as a result of an
investigation by the Ombudsman, the Ombudsman
may monitor the internal disciplinary action to
ensure a fair and objective process.
``(4) Inspector general and ombudsman access to bureau of
prisons facilities.--
``(A) In general.--Upon demand, in person or in
writing and with or without prior notice, the Inspector
General and the Ombudsman shall be granted access to
all Bureau facilities, which shall include--
``(i) all areas that are used by
incarcerated people, all areas that are
accessible to incarcerated people, and access
to programs for incarcerated people at any time
of day; and
``(ii) the opportunity to--
``(I) conduct private and
confidential interviews with any
incarcerated person, staff, employee
representative organization, or other
person; and
``(II) communicate privately and
confidentially, both formally and
informally, with incarcerated people or
staff by telephone, mail, electronic
communication, and in person, which
shall not be monitored or recorded by
or conducted in the presence of staff.
``(B) Purpose of visits.--Access to Bureau
facilities under subparagraph (A) is for the purposes
of--
``(i) conducting announced or unannounced
inspections by the Inspector General as
described in paragraph (2), including
inspections to monitor the compliance of the
Bureau with a corrective action plan described
in paragraph (2)(F)(i);
``(ii) conducting an investigation or other
activity by the Ombudsman as described in
paragraph (3); and
``(iii) inspecting, viewing, photographing,
and video recording all areas of the facility
that are used by incarcerated people or are
accessible to incarcerated people.
``(C) Access to documents.--
``(i) In general.--The Inspector General
and the Ombudsman have the right to access,
inspect, and copy all relevant information,
records, or documents in the possession or
control of the Bureau that either the Inspector
General or the Ombudsman considers necessary in
an inspection, investigation, or other
activity, and the Bureau shall assist the
Inspector General and the Ombudsman in
obtaining the necessary releases for those
documents that are specifically restricted or
privileged for use by the Bureau.
``(ii) Production of records.--Following
notification from the Inspector General or the
Ombudsman with a written demand for access to
Bureau records, the Bureau shall provide access
to the requested documentation in a manner
consistent with section 552a (commonly known as
the `Privacy Act of 1974')--
``(I) not later than 20 business
days after receipt of the written
request; or
``(II) in the case of records
pertaining to the death of an
incarcerated person or staff, threats
of bodily harm including sexual or
physical assaults, or the denial or
delay of necessary medical treatment,
not later than 5 business days after
receipt of the written request, unless
the Inspector General or the Ombudsman
consents to an extension of that time
frame.
``(D) Minimize disruption of operations.--The
Inspector General and the Ombudsman shall--
``(i) develop procedures--
``(I) to ensure that the Inspector
General has access to, and the right to
review and investigate, any allegations
received by the Ombudsman to ensure
that the Inspector General may carry
out the authorities provided to the
Inspector General under this chapter;
and
``(II) that may provide that the
Inspector General and the Ombudsman
will determine certain categories of
allegations that are not necessary for
the Inspector General to review prior
to the Ombudsman proceeding;
``(ii) work with the Bureau to minimize
disruption to the operations of the Bureau due
to inspections, investigations, or other
activity;
``(iii) comply with the security clearance
processes of the Bureau, provided these
processes do not impede the activities
described in this subsection; and
``(iv) limit the public release of any
photographs or video recordings that would
jeopardize--
``(I) the safety, security, or good
order of a covered facility or the
Bureau; or
``(II) public safety.
``(E) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede,
conflict with, or otherwise alter the authority
provided to the Inspector General under section 406.
``(5) Confidentiality.--
``(A) In general.--Correspondence and communication
with the Inspector General and the Ombudsman, including
communication regarding an issue described in section
4051 of title 18 is confidential and shall be protected
as privileged correspondence in the same manner as
legal correspondence or communications.
``(B) Procedures.--Subject to subparagraph (C), the
Inspector General and the Ombudsman shall establish
confidentiality procedures for all information
maintained by the respective office to ensure that, to
the greatest extent practicable, before, during, or
after an investigation--
``(i) staff are not aware of the identity
of a complainant; and
``(ii) other incarcerated people are not
aware of the identity of a complainant.
``(C) Exception.--The Inspector General and the
Ombudsman may disclose identifying information for the
sole purpose of carrying out an investigation and as
otherwise authorized under section 407(b).
``(6) Filing complaints.--
``(A) Filing complaints on behalf of an
incarcerated individual.--
``(i) Online form.--The Ombudsman shall
create a secure online form to be made
available on the website of the Ombudsman where
the family members, friends, and
representatives of incarcerated people can
submit complaints and inquiries on issues
identified in paragraph (3)(A)(i) on behalf of
an individual incarcerated at a covered
facility.
``(ii) Telephone hotline.--The Ombudsman
shall create a telephone hotline through which
family members, friends, and representatives of
incarcerated people can call to file complaints
and inquiries on issues identified in paragraph
(3)(A)(i) on behalf of an individual
incarcerated at a covered facility.
``(B) Filing complaints by an incarcerated
individual.--
``(i) Internal private submission.--The
Bureau shall provide multiple internal ways for
incarcerated individuals in covered facilities
to privately submit to the Ombudsman complaints
and inquiries on issues identified in paragraph
(3)(A)(i).
``(ii) Submission via independent entity.--
The Bureau shall also provide not less than 1
process for incarcerated individuals in covered
facilities to submit complaints and inquiries
on issues identified in paragraph (3)(A)(i) to
a public or private entity or office that is
not part of the Bureau and that is able to
receive and immediately forward complaints and
inquiries to the Ombudsman, allowing the
incarcerated individual to remain anonymous
upon request.
``(C) Determination.--
``(i) Confirmation of receipt.--Not later
than 5 business days after submission of a
complaint or inquiry under subparagraph (A) or
(B), the Ombudsman shall confirm receipt.
``(ii) Determination.--Not later than 15
business days after issuing the confirmation
under clause (i), the Ombudsman shall make a
determination as to whether any action is
warranted and notify the complainant of the
determination.
``(iii) Statement regarding decision.--If
the Ombudsman has determined action is
unwarranted under clause (ii), the Ombudsman
shall provide a written statement explaining
the decision to the complainant.
``(D) Public education.--The Ombudsman shall
coordinate with the Bureau to educate incarcerated
people, representatives of incarcerated people, and the
public about the existence and functions of the
Ombudsman.
``(E) Administrative exhaustion.--Nothing in this
paragraph shall be construed as a necessary
administrative remedy required for exhaustion under
section 7(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)).
``(7) Prohibition on retaliation.--
``(A) In general.--The Bureau and staff of the
Bureau shall not discharge, retaliate against, or in
any manner discriminate against any complainant or any
person or entity that has instituted or caused to be
instituted any proceeding, investigation, or inspection
under or related to this subsection.
``(B) Investigation.--Any alleged discharge of,
retaliation against, or discrimination against a
complainant, entity, or person because of a complaint,
investigation, or inspection may be considered by the
Ombudsman as an appropriate subject of an investigation
or other activity.
``(8) Due process protections.--
``(A) In general.--The Attorney General and the
Inspector General shall ensure that implementation of
this subsection is consistent with section 552a
(commonly known as the `Privacy Act of 1974') and all
other applicable laws, and respects appropriate due
process protections for staff.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to modify, supersede, or
otherwise affect the authority of the Inspector General
to access all records, reports, audits, reviews,
documents, papers, recommendations, or other materials,
as authorized by section 406(a).
``(9) Percentage of annual appropriation for the bureau of
prisons.--It is the sense of Congress that the amount allocated
to the Inspector General and the Ombudsman to carry out the
activities described in this subsection should equal an amount
between 0.2 percent and 0.5 percent of the annual appropriation
for the Bureau.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 90 days after the date on which
appropriations are made available to the Inspector General of the
Department of Justice and the Department of Justice for the specific
purpose of carrying out the provisions of this Act and the amendments
made by this Act.
<all>
</pre></body></html>
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118HR302 | To direct the Secretary of Energy to provide financial assistance to graduate students and postdoctoral researchers pursuing certain courses of study relating to cybersecurity and energy infrastructure, and for other purposes. | [
[
"R000305",
"Rep. Ross, Deborah K. [D-NC-2]",
"sponsor"
],
[
"C001126",
"Rep. Carey, Mike [R-OH-15]",
"cosponsor"
]
] | <p><b>Energy Cybersecurity University Leadership Act of 2023</b></p> <p>This bill requires the Department of Energy (DOE) to establish an Energy Cybersecurity University Leadership Program. Under the program, DOE must provide financial assistance to graduate students and postdoctoral researchers pursuing a course of study that integrates cybersecurity competencies within disciplines associated with energy infrastructure needs. In addition, DOE must provide the students and researchers supported under the program with research and training experiences at its National Laboratories and utilities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 302 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 302
To direct the Secretary of Energy to establish a program to provide
financial assistance to graduate students and postdoctoral researchers
pursuing certain courses of study relating to cybersecurity and energy
infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Ross (for herself and Mr. Carey) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To direct the Secretary of Energy to establish a program to provide
financial assistance to graduate students and postdoctoral researchers
pursuing certain courses of study relating to cybersecurity and energy
infrastructure, 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 ``Energy Cybersecurity University
Leadership Act of 2023''.
SEC. 2. ENERGY CYBERSECURITY UNIVERSITY LEADERSHIP PROGRAM.
(a) Program.--
(1) Establishment.--The Secretary of Energy shall establish
an Energy Cybersecurity University Leadership Program (referred
to in this section as the ``Program'') to carry out the
activities described in paragraph (2).
(2) Program activities.--The Secretary of Energy shall--
(A) provide financial assistance, on a competitive
basis, for scholarships, fellowships, and research and
development projects at institutions of higher
education to support graduate students and postdoctoral
researchers pursuing a course of study that integrates
cybersecurity competencies within disciplines
associated with energy infrastructure needs;
(B) provide graduate students and postdoctoral
researchers supported under the Program with research
traineeship experiences at National Laboratories and
utilities; and
(C) conduct outreach to historically Black colleges
and universities, Tribal Colleges or Universities, and
minority-serving institutions.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the development and implementation of the
Program.
(c) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Historically black college and university.--The term
``historically Black college and university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution under
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given such term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
<all>
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| [
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"Education programs funding",
"Employment and training programs",
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118HR3020 | Reinforcing Sanctions on Iranian Terrorists Act | [
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"S00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3020 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3020
To provide for the application of sanctions regarding Mahan Air.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Mills (for himself, Mrs. Miller of Illinois, Mr. Hern, Ms. Salazar,
Mr. Smith of New Jersey, Mr. Wilson of South Carolina, Mr. Babin, and
Mr. LaMalfa) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for the application of sanctions regarding Mahan Air.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reinforcing Sanctions on Iranian
Terrorists Act''.
SEC. 2. APPLICATION OF SANCTIONS REGARDING MAHAN AIR.
(a) Findings.--Congress finds the following:
(1) Mahan Air was added on October 12, 2011, to the
Specially Designated Nationals list maintained by the Office of
Foreign Assets Control of the Department of the Treasury,
freezing its assets under United States jurisdiction and
prohibiting transactions with United States parties, pursuant
to Executive Order 13224 (September 23, 2001; relating to
blocking property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism), which
targets terrorists and their supporters.
(2) In announcing additional sanctions against Mahan Air on
March 24, 2016, the Department of the Treasury stated that
``Based in Tehran, Iran, Mahan Air has facilitated [Islamic
Revolutionary Guards Corps--Qods Force] transportation and arms
and funds shipments. Mahan Air also continues to support the
Iranian government's destabilizing actions in the region by
conducting flights to Syria in order to transport fighters.
Mahan Air regularly uses the same aircraft it flies to Syria to
fly commercial passenger routes to international destinations
in Europe, the Middle East, and Asia.''.
(3) Mahan Air reportedly serves the following destinations
in Iran: Abadan Airport, Ahvaz International Airport, Ardabil
Airport, Persian Gulf Airport, Bandar Abbas International
Airport, Birjand International Airport, Bojnord International
Airport, Iranshahr Airport, Isfahan International Airport,
Kalaleh Airport, Kerman Airport, Shahid Ashrafi Esffahani
Airport, Khorramabad Airport, Kish Airport, Larestan
International Airport, Mashhad International Airport, Queshm
International Airport, Sahahdaj Airport, Dasht-e Naz Airport,
Shiraz International Airport, Sirjan Airport, Tabriz
International Airport, Tehran Imam Khomeini International
Airport, Mehrabad International Airport, Zabol Airport, Zahedan
International Airport, and Zanjan Airport.
(4) The Iran Airports Company, a State-owned enterprise, is
the holding and operating company for civilian airports in Iran
that facilitates Mahan Air's operations.
(5) Foreign persons that assist in, sponsor, or provide
financial, material, or technological support for, or financial
or other services to or in support of Mahan Air should be
subject to United States sanctions pursuant to Executive Order
13224.
(b) Determination.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the President shall transmit to
the appropriate congressional committees a determination as to
whether to apply sanctions, in whole or in part, with respect
to the Iran Airports Company pursuant to Executive Order 13224.
(2) Form.--The determination required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
<all>
</pre></body></html>
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118HR3021 | Protecting the Second Amendment in Financial Services Act | [
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"O0... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3021 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3021
To prohibit the use of a merchant category code that separately
identifies firearms merchants or ammunition merchants, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Mooney (for himself, Mr. Rose, Mr. Sessions, Mr. Norman, Mr. Ogles,
Mr. Williams of Texas, Mr. Newhouse, Mr. Bean of Florida, Mr. Biggs,
Mr. Self, Mrs. Fischbach, Mr. Moolenaar, Mr. Zinke, Mr. Perry, Mr.
Crenshaw, Mr. Jackson of Texas, Mr. Gosar, Mrs. Boebert, and Mr. Cloud)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To prohibit the use of a merchant category code that separately
identifies firearms merchants or ammunition merchants, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting the Second Amendment in
Financial Services Act''.
SEC. 2. MERCHANT CATEGORY CODE LIMITATIONS WITH RESPECT TO FIREARM
MERCHANTS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (p) the following:
``(q) Merchant Category Code Limitations With Respect to Firearm
Merchants.--
``(1) In general.--A covered entity may not use a merchant
category code that separately identifies firearms merchants or
ammunition merchants.
``(2) Covered entity defined.--For the purposes of this
subsection, the term `covered entity' means any entity--
``(A) involved in facilitating or processing a
credit card transaction, including a bank, an acquirer,
payment card network, or payment card issuer; or
``(B) otherwise participates in the authorizing,
clearing, or settling of a credit card transaction.''.
<all>
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118HR3022 | Workers’ Memorial Day | [
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"N000188",
"Rep. Norcross, Donald [D-NJ-1]",
"sponsor"
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"Rep. Schakowsky, Janice D. [D-IL-9]",
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[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3022 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3022
To amend title 5, United States Code, to establish Workers' Memorial
Day as a Federal holiday.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Norcross (for himself, Ms. Schakowsky, Ms. Porter, Ms. Tlaib, Mr.
Boyle of Pennsylvania, Mr. Pocan, Ms. Omar, Ms. Adams, Ms. Budzinski,
Mr. McGarvey, and Ms. Crockett) introduced the following bill; which
was referred to the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to establish Workers' Memorial
Day as a Federal holiday.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workers' Memorial Day''.
SEC. 2. WORKERS' MEMORIAL DAY.
Section 6103(a) of title 5, United States Code, is amended by
inserting after the item relating to Washington's Birthday, the
following:
``Workers' Memorial Day.''.
<all>
</pre></body></html>
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118HR3023 | TREAT PTSD Act | [
[
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"sponsor"
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"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
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[
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"Rep. Crenshaw, Dan [R-TX-2]",
"cosponsor"
],
[
"V0001... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3023 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3023
To direct the Secretary of Veterans Affairs and the Secretary of
Defense to furnish stellate ganglion block to veterans and members of
the Armed Forces with post-traumatic stress disorder, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Perry (for himself, Mr. Fitzpatrick, Mr. Bishop of North Carolina,
Mr. Crenshaw, and Mr. Valadao) introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committee on Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs and the Secretary of
Defense to furnish stellate ganglion block to veterans and members of
the Armed Forces with post-traumatic stress disorder, 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 ``Treatment and Relief through
Emerging and Accessible Therapy for PTSD Act'' or the ``TREAT PTSD
Act''.
SEC. 2. PROVISION OF STELLATE GANGLION BLOCK TO VETERANS AND MEMBERS OF
THE ARMED FORCES WITH POST-TRAUMATIC STRESS DISORDER.
(a) Provision to Veterans.--
(1) In general.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1720K. Provision of stellate ganglion block for certain veterans
``(a) In General.--The Secretary shall furnish stellate ganglion
block to any veteran who--
``(1) is enrolled in the patient enrollment system under
section 1705 of this title;
``(2) has been diagnosed with post-traumatic stress
disorder; and
``(3) has elected to receive stellate ganglion block after
being informed by a qualified health care provider of the risks
and benefits of stellate ganglion block.
``(b) Provision of Care.--The Secretary may furnish stellate
ganglion block under subsection (a) through a medical facility of the
Department or through a health care provider specified in section
1703(c) of this title.''.
(2) Clerical amendment.--The table of contents at the
beginning of chapter 17 of title 38, United States Code, is
amended by inserting after the item relating to section 1720J
the following new item:
``1720K. Provision of stellate ganglion block for certain veterans.''.
(b) Provision to Members of the Armed Forces.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the following
new section:
``Sec. 1074p. Provision of stellate ganglion block for certain members
``(a) In General.--The Secretary shall furnish stellate ganglion
block to any member of the Armed Forces (including the reserve
components) who is performing or has performed active service and who--
``(1) is enrolled in the TRICARE program under chapter 55
of this title;
``(2) has been diagnosed with post-traumatic stress
disorder; and
``(3) has elected to receive stellate ganglion block after
being informed by a qualified health care provider of the risks
and benefits of stellate ganglion block.
``(b) Provision of Care.--The Secretary may furnish stellate
ganglion block under subsection (a) through a medical facility of the
Department or through a qualified health care provider participating in
a Department administered TRICARE health insurance program.''.
(2) Clerical amendment.--The table of contents at the
beginning of chapter 55 of title 10, United States Code, is
amended by inserting after the item relating to section 1074o
the following new item:
``1074p. Provision of stellate ganglion block for certain members.''.
(c) Update of Joint Clinical Practice Guideline.--
(1) Update of guideline.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs and the Secretary of Defense shall update the guideline
published jointly by the Secretaries and titled the ``VA/DOD
Clinical Practice Guideline (CPG) for the Management of PTSD''
(or such successor guideline) to ensure the guideline--
(A) reflects the availability of stellate ganglion
block as a therapy option; and
(B) includes information on the clinical indicators
and contraindicators for such therapy option.
(2) Notification.--Upon updating the guideline under
paragraph (1), the Secretaries shall notify the appropriate
congressional committees of such update.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees (as such
term is defined in section 101 of title 10, United
States Code); and
(B) the Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
<all>
</pre></body></html>
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118HR3024 | Life Saving Leave Act | [
[
"P000616",
"Rep. Phillips, Dean [D-MN-3]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
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"cosponsor"
],
[
"C001130",
"Rep. Crockett, Jasmine [D-TX-30]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3024 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3024
To amend the Family and Medical Leave Act of 1993 to permit additional
leave for bone marrow or blood stem cell donation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Phillips (for himself, Mr. Fitzpatrick, and Ms. Matsui) introduced
the following bill; which was referred to the Committee on Education
and the Workforce, and in addition to the Committees on Oversight and
Accountability, and House Administration, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993 to permit additional
leave for bone marrow or blood stem cell donation, 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 ``Life Saving Leave Act''.
SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE FOR BONE MARROW OR BLOOD STEM
CELL DONATION.
(a) In General.--Section 102(a) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Entitlement to additional leave for bone marrow or
blood stem cell donation.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph--
``(i) for predonation activities relating
to the making of a donation of bone marrow or
blood stem cells for transplant;
``(ii) for the making of such donation; and
``(iii) for postdonation activities
relating to the making of such donation.
``(B) Limitations.--
``(i) In general.--An eligible employee
shall be entitled to a total of 40 hours of
leave under this paragraph during any 12-month
period.
``(ii) Coordination rule.--Leave under this
paragraph shall be in addition to any leave
provided under any other paragraph of this
subsection.''.
(b) Definition of Eligible Employee.--Section 101(2) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding
at the end the following:
``(F) Employees requesting bone marrow or blood
stem cell leave.--The requirements of subparagraphs (A)
and (B)(ii) shall not apply with respect to leave under
section 102(a)(5).''.
(c) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following:
``Subject to subsection (e)(4) and section 103(g), leave under
subsection (a)(5) may be taken intermittently or on a reduced leave
schedule.''.
(d) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following:
``(C) Bone marrow or blood stem cell donation
leave.--An eligible employee may elect, but an employer
may not require the employee, to substitute any of the
accrued paid vacation leave, personal leave, or medical
or sick leave of the employee for leave provided under
subsection (a)(5) for any part of the 40 hours of such
leave under such subsection, except that nothing in
this title shall require an employer to provide paid
sick leave or paid medical leave in any situation in
which such employer would not normally provide any such
paid leave.''.
(e) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following:
``(4) Notice relating to bone marrow or blood stem cell
donation leave.--In any case in which the necessity for leave
under subsection (a)(5) is foreseeable based on planned
predonation, donation, or postdonation activities, the
employee--
``(A) shall make a reasonable effort to schedule
the treatment so as not to disrupt unduly the
operations of the employer, subject to the approval of
the relevant health care provider; and
``(B) shall provide the employer with not less than
30 days' notice, before the date the leave is to begin,
of the employee's intention to take leave under such
subparagraph, except that if the date of the treatment
requires leave to begin in less than 30 days, the
employee shall provide such notice as is
practicable.''.
(f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following:
``(g) Certification Relating to Bone Marrow or Blood Stem Cell
Donation Leave.--An employer may require that a request for leave under
section 102(a)(5) be supported by a certification issued by a
contractor of the registry functions of the C.W. Bill Young Cell
Transplantation Program.''.
<all>
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118HR3025 | To provide for no net increase in the total acreage of Federal land in the Virgin Islands National Park on St. John, United States Virgin Islands. | [
[
"P000610",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3025 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3025
To provide for no net increase in the total acreage of Federal land in
the Virgin Islands National Park on St. John, United States Virgin
Islands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Plaskett introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for no net increase in the total acreage of Federal land in
the Virgin Islands National Park on St. John, United States Virgin
Islands.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. NO NET INCREASE OF FEDERAL LAND IN THE VIRGIN ISLANDS
NATIONAL PARK ON ST. JOHN.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may not acquire any land that would increase the total
acreage of Federal land in the Park, except as provided in this Act.
(b) Required Land Conveyances.--If the Secretary takes into Federal
ownership non-Federal land that results in an increase of the total
acreage of Federal land in the Park, the Secretary shall convey out of
Federal ownership at least an equal acreage of Federal land in the
Park, via sale, exchange, or donation.
(c) Sale of Land.--
(1) In general.--Federal land sold pursuant to subsection
(b) shall be offered for sale--
(A) not later than 1 year after the Secretary takes
into Federal ownership non-Federal land that results in
an increase of the total acreage of Federal land in the
Park;
(B) subject to valid existing rights;
(C) except as provided in subparagraph (D), at fair
market value (based on local comparable sales); and
(D) at a price that is reduced by 10 percent each
month that the Federal land is not sold or under
contract to be sold by the date that is 6 months after
the Federal land was first offered for sale.
(2) Price reduction.--Time periods during which Federal
land is under contract for sale or withdrawn from the market
shall not be counted for the purposes of price reduction under
paragraph (1)(D).
(d) Land Exchange Values.--If the value of the Federal land that is
part of a land exchange pursuant to subsection (b) is less than the
value of the non-Federal land for which it is exchanged, the value of
the exchanged lands shall be equalized by a cash payment.
(e) Definitions.--In this section--
(1) the term ``Park'' means the Virgin Islands National
Park on St. John, United States Virgin Islands; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
<all>
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118HR3026 | To provide for the adoption of the Revised Organic Act of the Virgin Islands as the constitution of the United States Virgin Islands. | [
[
"P000610",
"Del. Plaskett, Stacey E. [D-VI-At Large]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3026 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3026
To provide for the adoption of the Revised Organic Act of the Virgin
Islands as the constitution of the United States Virgin Islands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Plaskett introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the adoption of the Revised Organic Act of the Virgin
Islands as the constitution of the United States Virgin Islands.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ADOPTION OF CONSTITUTION FOR THE UNITED STATES VIRGIN
ISLANDS.
(a) In General.--The Revised Organic Act of the Virgin Islands (48
U.S.C. 1541 et seq.) (as amended through January 1, 2023)--
(1) is deemed to satisfy the requirements of Public Law 94-
584 (90 Stat. 2899) with respect to a constitution for the
local self-government of the people of the United States Virgin
Islands; and
(2) as of the date of the enactment of this Act, is adopted
as the constitution of the United States Virgin Islands.
(b) Amendments to the Constitution.--
(1) Proposed amendments.--
(A) In general.--The Legislature of the Virgin
Islands (referred to in this subsection as the
``Legislature'') may propose amendments to the
constitution of the United States Virgin Islands
(referred to in this subsection as the
``constitution'') by a resolution approved by not less
than two-thirds of all of the members of the
Legislature.
(B) Presentation to voters.--All proposed
amendments approved by the Legislature under
subparagraph (A)--
(i) shall be submitted to the qualified
voters of the United States Virgin Islands
(referred to in this subsection as ``qualified
voters'') in a referendum; and
(ii) published at least 3 months before the
date of such referendum.
(C) Referendum concurrent with general election.--
If the resolution is approved by not less than three-
fourths of all of the members of the Legislature, the
Legislature may provide that the referendum be held at
the same time as the next general election.
(D) Amendment requirements.--Each proposed
amendment approved by the Legislature under
subparagraph (A) shall--
(i) be voted on separately;
(ii) specify the terms under which it shall
take effect; and
(iii) become a part of the constitution if
it is ratified by a majority of the qualified
voters voting thereon.
(E) Maximum number.--Not more than 3 proposed
constitutional amendments may be submitted at the same
referendum.
(2) Constitutional convention; revisions.--
(A) Question to voters.--The Legislature, by a
resolution approved by two-thirds of all of the members
of the Legislature, may submit to the qualified voters
at a referendum, held at the same time as a general
election, the question of whether a constitutional
convention shall be called to revise the constitution.
(B) Effect of vote in favor of revision.--If a
majority of the qualified voters voting on this
question vote in favor of the revision, it shall be
made by a constitutional convention elected in the
manner provided by law.
(C) Special referendum on revisions.--Each revision
of the constitution shall be submitted to the qualified
voters at a special referendum for ratification or
rejection by a majority of the votes cast at the
referendum.
(3) Limitations.--No amendment to the constitution shall--
(A) alter the republican form of government
established by it; or
(B) abolish any right in the bill of rights.
(c) Rule of Construction.--Nothing in this Act shall be construed
to create a cause of action under Federal law with respect to any claim
that the Legislature of the Virgin Islands is in violation of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1541 et seq.).
<all>
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118HR3027 | Reclamation Climate Change and Water Program Reauthorization Act of 2023 | [
[
"P000618",
"Rep. Porter, Katie [D-CA-47]",
"sponsor"
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"S001218",
"Rep. Stansbury, Melanie Ann [D-NM-1]",
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"cosponsor"
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[
"B001278",
"Rep. Bonamici, Suzanne [D-OR-1]",
"cosponsor"
],
[... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3027 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3027
To reauthorize funding for the Reclamation Climate Change and Water
Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Porter (for herself and Ms. Stansbury) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To reauthorize funding for the Reclamation Climate Change and Water
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 ``Reclamation Climate Change and Water
Program Reauthorization Act of 2023''.
SEC. 2. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
Section 9503(f) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10363(f)) is amended by striking ``2023'' and inserting
``2033''.
<all>
</pre></body></html>
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118HR3028 | Community and Technical College Investment Act of 2023 | [
[
"S000510",
"Rep. Smith, Adam [D-WA-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3028 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3028
To direct the Secretary of Education to establish a program to
facilitate the transition to tuition-free community college in certain
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Smith of Washington introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to establish a program to
facilitate the transition to tuition-free community college in certain
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 ``Community and
Technical College Investment Act of 2023''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--TUITION-FREE COMMUNITY COLLEGE
Sec. 101. Tuition-free community college grant program.
Sec. 102. Applications.
Sec. 103. Grant uses.
Sec. 104. Reports.
Sec. 105. Authorization of appropriations.
Sec. 106. Definitions.
TITLE II--INSTITUTIONAL CAPACITY
Sec. 201. Institutional capacity and wraparound service support grant
program.
Sec. 202. Application.
Sec. 203. Selection committee.
Sec. 204. Grant uses.
Sec. 205. Committee on student food and housing.
Sec. 206. Reports.
Sec. 207. Authorization of appropriations.
Sec. 208. Definitions.
TITLE III--EMERGENCY FUNDS FOR STUDENTS
Sec. 301. Emergency grant fund program.
Sec. 302. Application.
Sec. 303. Grant uses.
Sec. 304. Data collection.
Sec. 305. Authorization of appropriations.
TITLE IV--TECHNICAL ASSISTANCE
Sec. 401. Technical assistance grant program.
Sec. 402 Application.
Sec. 403. Grant uses.
Sec. 404. Reports.
Sec. 405. Authorization of appropriations.
TITLE V--DEFINITIONS
Sec. 501. Definitions.
TITLE I--TUITION-FREE COMMUNITY COLLEGE
SEC. 101. TUITION-FREE COMMUNITY COLLEGE GRANT PROGRAM.
(a) In General.--The Secretary shall establish a program to provide
grants to each State that submits a complete application to facilitate
tuition-free community college for all eligible students.
(b) Grant Amounts.--The Secretary shall determine grant amounts
under subsection (a) with respect to each State based on the following:
(1) Statewide unemployment and underemployment rates that
are 1 percentage point above the national average.
(2) The number of local educational agencies in a State
that elect to receive special assistance payments under section
11(a)(1)(F) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1759a(a)(1)(F)).
(3) A statewide official poverty rate that is 1 percentage
point above the national average.
(c) Funds.--
(1) Timing.--A grant under this title shall be awarded for
a period of 5 years, of which--
(A) a maximum of 1 year may be used for planning;
and
(B) a minimum of 4 years shall be used for
implementation.
(2) Federal cost share.--The Federal cost share of an
activity carried out with a grant under subparagraph (a) shall
not be less than 100 percent for costs incurred during the 5-
year grant period described in paragraph (1).
SEC. 102. APPLICATIONS.
To be eligible for a grant under this title, a State shall submit
to the Secretary an application in such form, at such time, and
containing such information as the Secretary determines appropriate,
including a State plan describing the following:
(1) Interagency committee.--
(A) In general.--A plan to formalize an interagency
committee within such State to--
(i) evaluate gaps and opportunities in the
State workforce, higher education, childcare,
and human services systems; and
(ii) maximize Federal and State resources
to support pathway development that increases
economic mobility and recognized postsecondary
credential attainment.
(B) Membership.--An assurance that such committee
shall consist of members from the following entities:
(i) State board.
(ii) State unemployment insurance agency.
(iii) Office of the State higher education
executive officer and public college boards.
(iv) State community college system.
(v) State departments of health and human
services.
(vi) State departments of economic
development.
(vii) Workforce development agencies.
(viii) State or local housing authorities.
(ix) Other relevant State agencies as
determined by the Governor of such State.
(2) Education alignment.--A plan to--
(A) with respect to eligible individuals without a
secondary school diploma or its recognized equivalent,
facilitate the completion of such diploma or recognized
equivalent at a community college;
(B) ensure that credits received for Advanced
Placement or International Baccalaureate classes are
applied to an equivalent community college course; and
(C) otherwise align the requirements between
secondary schools and community colleges in order to
increase the accessibility of community college for
eligible individuals.
(3) Development.--A plan to--
(A) improve career pathway development, with
special attention to career pathways related to in-
demand industry sectors or occupations described in
paragraph (9);
(B) increase economic mobility of State residents;
and
(C) provide access to affordable postsecondary
education for State residents through a network of
coordinated State and Federal support systems designed
and implemented by State agencies in partnership with
public institutions of higher education and public
higher education systems.
(4) Credential attainment.--A plan to prioritize secondary
and recognized postsecondary credential attainment through--
(A) integrated education and training models;
(B) dual enrollment programs; and
(C) an increased number of navigators.
(5) Priority.--A plan to prioritize assistance to
individuals--
(A) with a barrier to employment; or
(B) with incomes below 200 percent of the poverty
level.
(6) Public resources.--A plan to maximize public resources
to support the attainment of a recognized postsecondary
credential, including with respect to--
(A) transportation;
(B) on-campus or off-campus housing;
(C) childcare; and
(D) food assistance.
(7) Outreach.--A plan to reach eligible individuals without
a recognized postsecondary credential, including with respect
to individuals who--
(A) live in high-poverty areas;
(B) are first-generation students;
(C) are low-income students; and
(D) identify as belonging to other underrepresented
student groups.
(8) Recognized postsecondary credential retention and
completion.--A plan to increase retention and credential
completion by--
(A) developing new, or expanding existing, degree
and credential programs based on the needs of in-demand
industry sectors or occupations described in paragraph
(9); and
(B) increasing the number of career counselors and
navigators.
(9) In-demand industry sectors or occupations.--A plan to--
(A) identify in-demand industry sectors or
occupations in such State; and
(B) develop and provide access to pathways to
credential and degree programs for jobs in such
industries, giving priority to credential and degree
programs that correspond to high-quality jobs in
consultation with--
(i) the State board;
(ii) the State health and human services
agency;
(iii) the State board of higher education;
and
(iv) business industry groups within the
State.
(10) Federal programs.--
(A) In general.--A description of how the State
will use amounts under covered programs, to the extent
otherwise permitted by law, to reduce eligibility and
participation requirement barriers in such programs in
order to--
(i) treat the pursuit of a recognized
postsecondary credential as meeting any
compliance, work participation, and core
activity requirements for each such program;
and
(ii) increase access to and completion of
recognized postsecondary credential programs.
(B) Covered programs defined.--In this paragraph,
the term ``covered programs'' means--
(i) the temporary assistance for needy
families program under part A of title IV of
the Social Security Act (42 U.S.C. 601);
(ii) the supplemental nutrition assistance
program employment and training program under
section 6 of the Food and Nutrition Act of 2008
(7 U.S.C. 2015);
(iii) the child care development fund under
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858 et seq.); and
(iv) housing assistance programs carried
out by the Secretary of Housing and Urban
Development.
(11) Cost analyses.--Cost analyses for--
(A) providing tuition-free community and technical
college pathways to individuals who have not attained--
(i) a secondary school diploma or its
recognized equivalent; or
(ii) a recognized postsecondary credential,
up to and including a bachelor's degree; and
(B) expanding institutional capacity to meet an
increased demand for recognized postsecondary
credentials by expanding supportive services, including
with respect to hiring additional--
(i) career counselors;
(ii) navigators; and
(iii) other support staff.
(12) Data collection.--A plan for data collection efforts
to measure program outcomes and evaluate program success,
including by leveraging existing administrative data to track
any change in participation in recognized postsecondary
credential programs at community colleges.
(13) Data sharing.--A State shall--
(A) provide an interagency data-sharing agreement
that facilitates statewide data collection efforts
between--
(i) State agencies that oversee the
dispersal of State and Federal benefits;
(ii) the State educational agency;
(iii) the State higher education system;
(iv) the State board; and
(v) other agencies determined by the
Secretary to be necessary; and
(B) detail how such agreement will promote cross-
agency collaboration and improve recognized
postsecondary credential completion.
(14) Transfer agreements.--
(A) In general.--A description of--
(i) transfer agreements between 2-year and
4-year public institutions of higher education
in such State; and
(ii) the ways in which the State will
expand the number of transfer agreements,
including with respect to the facilitation and
improvement of credit transfers between
institutions.
(B) Transfer agreement.--An assurance that the
transfer agreement required under subparagraph (A)(i)
shall include, at a minimum--
(i) a general education curriculum that
consists of not fewer than 30 credit hours that
are transferrable to any public institution of
higher education in such State;
(ii) common course numbering for
substantively similar courses in such general
education curriculum; and
(iii) assurance that an eligible
associate's degree shall be fully transferrable
to, and credited as, the first 2 years of a
related baccalaureate program at a public
institution of higher education in such State.
SEC. 103. GRANT USES.
A State shall use grant funds awarded under this title for the
following:
(1) Implementing the State plan submitted under section
102.
(2) Ensuring that eligible students enrolled in community
colleges--
(A) are not charged tuition or fees; and
(B) are not required to apply Federal, State, or
private financial assistance (including scholarships)
to tuition or fees.
SEC. 104. REPORTS.
(a) Annual Report.--Not later than 1 year after the date on which a
grant is made under this title, and annually thereafter, a State shall
submit to the Secretary a report describing--
(1) the uses of funds;
(2) progress made in fulfilling the requirements under
section 103;
(3) rates of--
(A) graduation and attainment of recognized
postsecondary credentials at participating community
colleges; and
(B) transfer to 4-year institutions at
participating community colleges; and
(4) other information determined by the Secretary to be
necessary.
(b) Certification.--
(1) In general.--Not later than 2 years after the date on
which a State receives a grant under this title, such State
shall provide certification of implementation of the--
(A) education alignment plan required under section
102(2); and
(B) transfer agreements required under section
102(14).
(2) Failure to certify.--If a State does not provide the
certification required under paragraph (1), such State shall
submit to the Secretary--
(A) a report describing the reasons for the failure
of such State to provide certification; and
(B) a plan to ensure that, not later than 5 years
after the date on which the State received a grant
under this title, such State will provide such
certification.
(c) Sustaining Funds.--Not later than 180 days after the date that
is the conclusion of the 5-year grant period described in section
101(c), a State shall submit a report to the Secretary describing--
(1) the ways in which such State will sustain a tuition-
free community college model; and
(2) the amount of Federal assistance needed to sustain the
model described in paragraph (1).
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title for fiscal year 2023 and each of the 4
succeeding fiscal years.
SEC. 106. DEFINITIONS.
In this title:
(1) Business industry group.--The term ``business industry
group'' means an organization that represents businesses
(including small businesses), individual employers, industry
clusters, and individuals from--
(A) business or trade organizations;
(B) economic development organizations;
(C) nonprofit organizations, community-based
organizations, or intermediaries;
(D) philanthropic organizations;
(E) industry associations; or
(F) other organizations determined necessary by the
State.
(2) Eligible associate's degree.--The term ``eligible
associate's degree'' means an associate's degree that--
(A) is in an academic major in the arts or
sciences;
(B) is awarded by a public institution of higher
education in a State; and
(C) is awarded on or after the date that is not
later than 3 years after the date on which the State
first received a grant under this Act.
(3) High-quality job.--The term ``high-quality job'' means
a job with--
(A) wages and benefits in the top 20 percent for
the relevant industry or occupation;
(B) access to training and advancement
opportunities;
(C) paid sick leave;
(D) paid family leave; and
(E) paid medical leave or short-term disability
leave.
(4) Navigator.--The term ``navigator'' means an individual
who is integrated into the existing community college operation
and who works with students to--
(A) understand the eligibility of such students for
Federal, State, and local financial aid and benefit
options;
(B) assist such students with the application
process for such options; and
(C) connect students with resources on campus and
in the community.
TITLE II--INSTITUTIONAL CAPACITY
SEC. 201. INSTITUTIONAL CAPACITY AND WRAPAROUND SERVICE SUPPORT GRANT
PROGRAM.
(a) In General.--The Secretary shall establish a program to award
grants to each eligible State that submits a complete application under
section 202 to provide institutional capacity and wraparound service
support with respect to the implementation of tuition-free community
college under title I.
(b) Grant Amounts.--The Secretary shall determine grant amounts
under subsection (a) with respect to each eligible State based on the
following:
(1) The cost analysis required under section 202(1).
(2) The number of adults in such State without a secondary
credential or recognized postsecondary credential.
(3) The number of adults in such State with a recognized
postsecondary credential that is not an associate or
baccalaureate degree.
(4) The unemployment rate in such State.
SEC. 202. APPLICATION.
To be eligible for a grant under this title, an eligible State
shall submit to the Secretary an application in such form, at such
time, and containing such information as the Secretary determines
appropriate, including--
(1) a cost analysis for, with respect to community
colleges--
(A) the expansion of institutional capacity; and
(B) the provision of wraparound services for
students; and
(2) a plan detailing how the State will award subgrants in
accordance with section 204(b) among--
(A) community colleges that are located in
geographic areas that serve local educational agencies
that participate, through the community eligibility
provision authorized by the Healthy, Hunger-free Kids
Act of 2010 (42 U.S.C. 1758 note et seq.) in--
(i) the national school lunch program under
the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.); and
(ii) the school breakfast program under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.);
(B) community colleges that are located in
geographic areas with 40 percent of the population at
or below the Federal poverty line;
(C) institutions of higher education with
admissions rates of 50 percent or higher; and
(D) institutions that are eligible to receive a
grant under part A or B of title III or title V of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
including--
(i) historically Black colleges or
universities;
(ii) Hispanic-serving institutions;
(iii) Tribal colleges or universities;
(iv) minority-serving institutions; and
(v) rural-serving institutions of higher
education.
SEC. 203. SELECTION COMMITTEE.
(a) In General.--The Secretary shall establish a selection
committee to review each application and award grants under this title.
(b) Membership.--
(1) In general.--The Secretary shall determine the number
of members, of whom not less than 50 percent--
(A) may not be employed by the Federal government;
(B) shall have relevant research or practical
experience with respect to student support programs;
(C) shall have relevant research or practical
experience with respect to designing and implementing
tuition-free community college programs; and
(D) shall identify as belonging to an
underrepresented group in higher education, including--
(i) African Americans;
(ii) Hispanics;
(iii) Native Americans;
(iv) Alaska Natives;
(v) Asian Americans; and
(vi) Native American Pacific Islanders,
including Native Hawaiians.
(2) Conflicts of interest.--With respect to each
application, a member having a conflict of interest may not
review such application.
SEC. 204. GRANT USES.
(a) In General.--An eligible State shall use grant funds awarded
under this title to award subgrants to eligible institutions in
accordance with subsection (b).
(b) Subgrants.--
(1) In general.--An eligible State shall award subgrants to
eligible institutions.
(2) Eligible institution defined.--In this subsection, the
term ``eligible institution'' means an institution--
(A) listed in subparagraphs (A) through (D) of
section 202(2); and
(B) located in the eligible State.
(3) Application.--An eligible institution seeking a
subgrant under this subsection shall submit to the eligible
State an application in such form, at such time, and containing
such information as the State may require.
(4) Subgrant uses.--An eligible institution that receives a
subgrant under this subsection shall use such subgrant funds
for implementing activities and services that improve retention
and completion of recognized postsecondary credentials,
including--
(A) identifying and addressing the needs of
students, including affordable housing, childcare,
transportation, and food;
(B) supporting the work of navigators, including--
(i) providing information to students with
respect to eligibility for assistance under
other Federal, State, and institutional
assistance programs; and
(ii) connecting students with on-campus and
off-campus supportive services;
(C) hiring additional staff;
(D) increasing access to supportive services by
centralizing such services on-campus;
(E) offering additional scheduling options for
classes with respect to the day, time, and location of
such classes;
(F) improving the transfer of credits between
institutions of higher education, including community
colleges;
(G) expanding pathways related to in-demand
industry sectors or occupations; and
(H) providing access to technology, including--
(i) digital literacy courses;
(ii) computers;
(iii) software; and
(iv) other equipment necessary to attain a
recognized postsecondary credential.
SEC. 205. COMMITTEE ON STUDENT FOOD AND HOUSING.
(a) In General.--The Secretary shall establish, with respect to
each eligible institution that receives a subgrant under section
204(b), a Committee on Student Food and Housing (in this section
referred to as the ``Committee'').
(b) Duties.--The Committee shall assist such eligible institution
in carrying out the activities required under section 204(b)(4).
(c) Membership.--The Committee shall be composed of a number of
members determined by the Secretary as follows:
(1) Students enrolled at the institution who have
experienced food or housing insecurity.
(2) Student government representatives from the
institution.
(3) Individuals employed by or working for the institution,
including such individuals from the following departments:
(A) Financial aid.
(B) Housing.
(C) Dining.
(D) Student affairs.
(E) Other well-being services on campus.
SEC. 206. REPORTS.
(a) Annual Report.--
(1) In general.--Not later than 1 year after the date on
which a grant is made under this title, and annually
thereafter, an eligible State shall submit to the Secretary a
report describing--
(A) the uses of funds under this title;
(B) progress made in fulfilling the requirements of
the grant;
(C) with respect to participating community
colleges, rates of--
(i) graduation;
(ii) transfer; and
(iii) attainment of recognized
postsecondary credentials;
(D) the institutional reports submitted under
subsection (b);
(E) the ways in which the State is communicating
with institutions to--
(i) understand the barriers of students,
with respect to eligibility and access, to
public supports; and
(ii) use the information described in
subparagraph (A) to inform any changes;
(F) the ways in which the State human services
agency and State board are aligning the policy goals of
such agencies with the policy goals of the State higher
education agency;
(G) changes in completion of secondary and
postsecondary degrees for target eligible students;
(H) changes in access to, and use of, public
benefits;
(I) changes in employment with respect to in-demand
industry sectors and high-quality jobs;
(J) changes in rates of unemployment and
underemployment;
(K) other data as provided by the State; and
(L) other data as required by the Secretary.
(2) Disaggregation.--The information described in
subparagraphs (G) through (K) shall be disaggregated, where
possible, by--
(A) race;
(B) ethnicity; and
(C) income level.
(b) Institution Report.--Not later than 1 year after receiving a
subgrant under section 204(b), and on an annual basis thereafter, an
institution shall submit to the State a report describing--
(1) the uses of funds;
(2) with respect to the period beginning on the date on
which a subgrant was received and ending on the date on which
the report is submitted, changes in rates of--
(A) retention; and
(B) graduation;
(3) the ways in which such institution increased awareness
of, and access to, public supports made available through State
agencies; and
(4) the ways in which such institution made improvements to
tracking data with respect to--
(A) the basic needs of students;
(B) the financial barriers of students; and
(C) the connection of students to public supports.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title for fiscal year 2023 and each of the 4
succeeding fiscal years.
SEC. 208. DEFINITIONS.
In this title:
(1) Eligible state.--The term ``eligible State'' means a
State that is a recipient of a grant under title I.
(2) HEA terms.--
(A) Hispanic-serving institution.--The term
``Hispanic-serving institution'' has the meaning given
such term in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a).
(B) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
(C) Minority-serving institution.--The term
``minority-serving institution'' includes the entities
described in paragraphs (1) through (7) of section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(D) Tribal college or university.--The term
``Tribal college or university'' has the meaning given
such term in section 316(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059c(b)).
(E) Rural-serving institution of higher
education.--The term ``rural-serving institution of
higher education'' has the meaning given such term in
section 861(b) of the Higher Education Act of 1965 (20
U.S.C. 1161q(b)).
TITLE III--EMERGENCY FUNDS FOR STUDENTS
SEC. 301. EMERGENCY GRANT FUND PROGRAM.
(a) In General.--The Secretary shall establish a program to provide
grants to each State that submits a complete application to provide
emergency aid subgrants to eligible students enrolled at a public
institution of higher education.
(b) Funds.--
(1) Timing.--A grant under this title shall be awarded for
a period of 5 years.
(2) Administration.--Not more than 20 percent of funds
awarded under this title may be used for the administration of
emergency aid at institutions of higher education.
(3) Direct aid.--Not less than 80 percent of funds awarded
under this title shall be used to award emergency aid subgrants
to eligible students.
(c) Eligible Student Defined.--In this title, the term ``eligible
student'' means a student enrolled at a public institution of higher
education, without regard to whether such student submits an
application under section 483 of the Higher Education Act of 1965 (20
U.S.C. 1090), experiencing financial challenges that may affect the
ability of such student to remain enrolled at such institution,
including--
(1) loss of--
(A) employment (including a temporary loss of
employment);
(B) transportation;
(C) child care;
(D) utilities (including water and electricity); or
(E) housing;
(2) food insecurity;
(3) with respect to a student or the dependent of such
student, a medical condition or need, including--
(A) pregnancy; and
(B) mental health conditions; and
(4) with respect to a student who is a dependent--
(A) the death of a parent or guardian; or
(B) a parent or guardian with a medical condition
that results in temporary or permanent loss of
employment of such parent or guardian.
SEC. 302. APPLICATION.
To be eligible for a grant under this title, a State shall submit
to the Secretary an application in such form, at such time, and
containing such information as the Secretary determines appropriate,
including--
(1) a data-sharing agreement between the State agency
administering the program and the institutions of higher
education in such State;
(2) the ways in which such State will ensure publicity and
availability of emergency aid on campuses of participating
institutions of higher education;
(3) the estimated amount of funding needed, based on, with
respect to such State--
(A) income distribution of eligible students;
(B) the number of open-access and rural
institutions; and
(C) poverty rates;
(4) the populations of students such State will prioritize
in awarding subgrants;
(5) a description of the ways in which such State will
administer subgrants, including with respect to--
(A) responding to applications;
(B) approving applications; and
(C) disbursing emergency aid subgrants outside of
business hours; and
(6) an assurance that such State will notify students
enrolled in institutions of higher education in such State if
such students, or dependents of such students, become eligible
for assistance under--
(A) the special supplemental nutrition program for
women, infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786);
(B) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(C) the free and reduced price school lunch program
under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
(D) the temporary assistance for needy families
program under part A of title IV of the Social Security
Act (42 U.S.C. 601);
(E) the supplemental security income program under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.);
(F) Medicaid under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
(G) Federal housing assistance programs under the
United States Housing Act of 1937, including--
(i) public housing as defined in section
3(b) of such Act (42 U.S.C. 1437a(b)); and
(ii) tenant-based assistance under section
8(o) of such Act (42 U.S.C. 1437f(o)); and
(H) any other means-tested program determined by
the Secretary to be appropriate.
SEC. 303. GRANT USES.
(a) In General.--A State shall use grant funds awarded under this
title to award subgrants to eligible students for emergency aid.
(b) Subgrants.--
(1) Administration.--In awarding subgrants under this
subsection, a State may award a contract to a scholarship-
granting organization for purposes of--
(A) accepting applications from eligible students;
and
(B) disbursing subgrant funds to eligible students.
(2) Applications.--
(A) In general.--To be eligible for a subgrant
under this title, an eligible student shall submit to
the State an application in such form, at such time,
and containing such information as the State determines
appropriate.
(B) Appeal.--If an application for an emergency aid
subgrant submitted by an eligible student under
subparagraph (A) is denied by the State, such student
may appeal such denial in a manner to be determined by
the State.
(3) Notification.--Upon receipt of an application from an
eligible student under paragraph (2), the State shall notify
such student of such receipt in a manner to be determined by
the State.
(4) Funds.--
(A) Subgrant amounts.--
(i) Eligible students without dependents.--
With respect to an academic year, a subgrant
awarded to an eligible student that does not
have a dependent may not exceed $1,500.
(ii) Eligible students with dependents.--
With respect to an academic year, a subgrant
awarded to an eligible student with a dependent
may not exceed $2,500.
(B) Disbursement of funds.--A State shall disburse
funds to eligible students in a timely manner, as
determined by the State.
(C) Federal taxes.--A subgrant under this title may
not be considered income for purposes of the Internal
Revenue Code of 1986.
SEC. 304. DATA COLLECTION.
A State that awards subgrants under this title shall collect the
following data:
(1) With respect to each public institution of higher
education--
(A) the number and percentage of students receiving
emergency aid; and
(B) the average grant amount for each student.
(2) With respect to each semester or quarter at a public
institution of higher education--
(A) rate of retention; and
(B) rate of completion of a recognized secondary
credential.
(3) The grade point averages of students receiving
emergency aid subgrants.
(4) Other data reported by the State.
(5) Other data required by the Secretary.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title for fiscal year 2023 and each of the 4
succeeding fiscal years.
TITLE IV--TECHNICAL ASSISTANCE
SEC. 401. TECHNICAL ASSISTANCE GRANT PROGRAM.
(a) In General.--The Secretary shall establish a program to provide
grants to eligible entities to provide technical assistance to States
applying for grants under title I, II, or III of this Act.
(b) Eligible Entity Defined.--In this title, the term ``eligible
entity'' means an entity--
(1) that is--
(A) a nonprofit organization;
(B) a think tank;
(C) a State board of education;
(D) a research center at an institution of higher
education; or
(E) an other entity as determined by the Secretary;
(2) that has expertise with respect to--
(A) developing, designing, researching, or
evaluating--
(i) tuition-free community college
programs;
(ii) emergency aid programs; or
(iii) initiatives addressing the basic
needs of students; or
(B) implementing supportive services programs for
students; and
(3) that has a demonstrated record of supporting
institutions of higher education or States with respect to--
(A) the activities described in paragraph (2); and
(B) connecting students to public benefits.
SEC. 402 APPLICATION.
To be eligible for a grant under this title, an eligible entity
shall submit to the Secretary an application in such form, at such
time, and containing such information as the Secretary determines
appropriate.
SEC. 403. GRANT USES.
An eligible entity shall use grant funds awarded under this title
for the following:
(1) Assisting States with respect to--
(A) the application process for a grant under title
I, II, or III of this Act; and
(B) the development or new, or expansion or
improvement of existing, tuition-free community college
models.
(2) Assisting the Secretary with respect to--
(A) evaluating applications from States for grants
under title I, II, or III of this Act; and
(B) providing feedback to such States.
SEC. 404. REPORTS.
(a) Annual Report.--Not later than 1 year after the date on which a
grant is made under this title, and on an annual basis thereafter, a
State receiving assistance from an eligible entity that received a
grant under this title shall submit to the Secretary a report on--
(1) the effectiveness of such assistance, including, as
applicable, progress with respect to applying for a grant under
this Act; and
(2) as of the date of the submission of the report, any
outcomes of programs funded by a grant under this Act and
carried out by such State, describing--
(A) any Federal policies that prevent successful
implementation of such programs; and
(B) any recommendations for changes with respect to
Federal policies described in paragraph (1).
(b) GAO Report.--Not later than 1 year after the date on which each
report is submitted under subsection (a), the Comptroller General shall
submit to Congress a report on the policy barriers described in
subsection (a)(2), including policy recommendations based on such
barriers.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title for fiscal year 2023 and each of the 4
succeeding fiscal years.
TITLE V--DEFINITIONS
SEC. 501. DEFINITIONS.
In this Act:
(1) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
Section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) is at least 18 years of age;
(B) a resident of the State; and
(C) does not have a postsecondary credential that
is less than a bachelor's degree.
(3) ESEA terms.--The terms ``secondary school'' and
``Secretary'' have the meanings given such terms in section
8101 of the Elementary and Secondary Education Act (20 U.S.C.
7801).
(4) 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).
(5) WIOA terms.--
(A) The terms ``in-demand industry sector or
occupation'', ``individual with a barrier to
employment'', ``recognized postsecondary credential'',
``State board'', and ``supportive services'' have the
meanings given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(B) The term ``integrated education and training''
has the meaning given such term in section 203 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3272).
<all>
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118HR3029 | Primary Care Enhancement Act of 2023 | [
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... | <p><b>Primary Care Enhancement Act of 2023</b></p> <p>This bill permits a taxpayer with a primary care service arrangement whose fixed periodic fee does not exceed $150 a month to participate in and contribute to a health savings account.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3029 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3029
To amend the Internal Revenue Code of 1986 to allow individuals with
direct primary care service arrangements to remain eligible individuals
for purposes of health savings accounts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Smucker (for himself, Mr. Blumenauer, Ms. Tenney, and Mr.
Schneider) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow individuals with
direct primary care service arrangements to remain eligible individuals
for purposes of health savings accounts, 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 ``Primary Care Enhancement Act of
2023''.
SEC. 2. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.
(a) In General.--Section 223(c)(1) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(E) Treatment of direct primary care service
arrangements.--
``(i) In general.--A direct primary care
service arrangement shall not be treated as a
health plan for purposes of subparagraph
(A)(ii).
``(ii) Direct primary care service
arrangement.--For purposes of this paragraph--
``(I) In general.--The term `direct
primary care service arrangement'
means, with respect to any individual,
an arrangement under which such
individual is provided medical care (as
defined in section 213(d)) consisting
solely of primary care services
provided by primary care practitioners
(as defined in section 1833(x)(2)(A) of
the Social Security Act, determined
without regard to clause (ii) thereof),
if the sole compensation for such care
is a fixed periodic fee.
``(II) Limitation.--With respect to
any individual for any month, such term
shall not include any arrangement if
the aggregate fees for all direct
primary care service arrangements
(determined without regard to this
subclause) with respect to such
individual for such month exceed $150
(twice such dollar amount in the case
of an individual with any direct
primary care service arrangement (as so
determined) that covers more than one
individual).
``(iii) Certain services specifically
excluded from treatment as primary care
services.--For purposes of this paragraph, the
term `primary care services' shall not
include--
``(I) procedures that require the
use of general anesthesia,
``(II) prescription drugs (other
than vaccines), and
``(III) laboratory services not
typically administered in an ambulatory
primary care setting.
The Secretary, after consultation with the
Secretary of Health and Human Services, shall
issue regulations or other guidance regarding
the application of this clause.''.
(b) Direct Primary Care Service Arrangement Fees Treated as Medical
Expenses.--Section 223(d)(2)(C) of such Code is amended by striking
``or'' at the end of clause (iii), by striking the period at the end of
clause (iv) and inserting ``, or'', and by adding at the end the
following new clause:
``(v) any direct primary care service
arrangement.''.
(c) Inflation Adjustment.--Section 223(g)(1) of such Code is
amended--
(1) by inserting ``, (c)(1)(D)(ii)(II),'' after ``(b)(2)''
each place it appears, and
(2) in subparagraph (B), by inserting ``and (iii)'' after
``clause (ii)'' in clause (i), by striking ``and'' at the end
of clause (i), by striking the period at the end of clause (ii)
and inserting ``, and'', and by inserting after clause (ii) the
following new clause:
``(iii) in the case of the dollar amount in
subsection (c)(1)(D)(ii)(II) for taxable years
beginning in calendar years after 2024,
`calendar year 2023'.''.
(d) Reporting of Direct Primary Care Service Arrangement Fees on W-
2.--Section 6051(a) of such Code is amended by striking ``and'' at the
end of paragraph (16), by striking the period at the end of paragraph
(17) and inserting ``, and'', and by inserting after paragraph (17) the
following new paragraph:
``(18) in the case of a direct primary care service
arrangement (as defined in section 223(c)(1)(D)(ii)) which is
provided in connection with employment, the aggregate fees for
such arrangement for such employee.''.
(e) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2023, in taxable years
ending after such date.
<all>
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118HR303 | Retired Pay Restoration Act | [
[
"B001257",
"Rep. Bilirakis, Gus M. [R-FL-12]",
"sponsor"
],
[
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"Rep. Case, Ed [D-HI-1]",
"cosponsor"
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[
"M001219",
"Del. Moylan, James C. [R-GU-At Large]",
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] | <p><strong>Retired Pay Restoration Act</strong></p> <p>This bill allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability. Under current law, only individuals with service-connected disabilities rated at 50% or more receive both without offset.</p> <p> Individuals who were retired or separated after at least 20 years of military service due to a service-connected disability shall be eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 303 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 303
To amend title 10, United States Code, to permit additional retired
members of the Armed Forces who have a service-connected disability to
receive both disability compensation from the Department of Veterans
Affairs for their disability and either retired pay by reason of their
years of military service or combat-related special compensation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Bilirakis introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to permit additional retired
members of the Armed Forces who have a service-connected disability to
receive both disability compensation from the Department of Veterans
Affairs for their disability and either retired pay by reason of their
years of military service or combat-related special compensation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) For more than 100 years before 1999, all disabled
military retirees were required to fund their own veterans'
disability compensation by forfeiting one dollar of earned
retired pay for each dollar received in veterans' disability
compensation.
(2) Since 1999, Congress has enacted legislation to
progressively expand eligibility criteria for relief of the
retired pay disability offset and reduce the burden of
financial sacrifice on disabled military retirees.
(3) Absent adequate funding to eliminate the sacrifice for
all disabled retirees, Congress has given initial priority to
easing financial inequities for the most severely disabled and
for combat-disabled retirees.
(4) In the interest of maximizing eligibility within cost
constraints, Congress effectively has authorized full
concurrent receipt for all qualifying retirees with 100-percent
disability ratings and all qualifying retirees with combat-
related disability ratings, while phasing out the disability
offset to retired pay over 10 years for retired members with
noncombat-related, service-connected disability ratings of 50
percent to 90 percent.
(5) In pursuing these good-faith efforts, Congress
acknowledges the regrettable necessity of creating new
thresholds of eligibility that understandably are disappointing
to disabled retirees who fall short of meeting those new
thresholds.
(6) Congress is not content with the status quo.
(b) Sense of Congress.--It is the sense of Congress that military
retired pay earned by service and sacrifice in defending the United
States should not be reduced because a military retiree is also
eligible for veterans' disability compensation awarded for service-
connected disability.
SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Section
1414(a) of title 10, United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject''; and
(2) by striking paragraph (2).
(b) Amendments To Reflect Conclusion of Phase-In of Concurrent
Receipt of Retired Pay and Veterans' Disability Compensation.--Section
1414 of title 10, United States Code, is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Specification of Qualified Retirees for Concurrent Receipt
Purposes.--Section 1414 of title 10, United States Code, is further
amended--
(1) in subsection (a), as amended by subsections (a) and
(b)--
(A) by striking ``a member or'' and all that
follows through ``is entitled'' and inserting ``an
individual who is a qualified retiree for any month is
entitled''; and
(B) by inserting ``retired pay and veterans'
disability compensation'' after ``both'';
(2) in subsection (b)--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rules for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2); and
(3) in subsection (d), as redesignated and amended by
subsection (b), by adding at the end the following new
paragraph:
``(3) Qualified retiree.--The term `qualified retiree'
means a member or former member of the uniformed services who,
with respect to any month--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is entitled to veterans' disability
compensation.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 1414 of title
10, United States Code, is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: Concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of
title 10, United States Code, is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
Concurrent payment of retired pay and
disability compensation.''.
(e) Conforming Amendment.--Section 1413a(f) of title 10, United
States Code, is amended by striking ``Subsection (d)'' and inserting
``Subsection (c)''.
(f) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2021, and shall apply to payments for months
beginning on or after that date.
<all>
</pre></body></html>
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118HR3030 | STOP GAMES Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3030 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3030
To amend subsection (q) of section 505 of the Federal Food, Drug, and
Cosmetic Act to clarify the process for denying certain petitions whose
primary purpose is to delay the approval of an application submitted
under subsection (b)(2) or (j) of such section 505, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Sorensen introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend subsection (q) of section 505 of the Federal Food, Drug, and
Cosmetic Act to clarify the process for denying certain petitions whose
primary purpose is to delay the approval of an application submitted
under subsection (b)(2) or (j) of such section 505, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop The Overuse of Petitions and
Get Affordable Medicines to Enter Soon Act of 2023'' or the ``STOP
GAMES Act of 2023''.
SEC. 2. DENIAL OF PETITIONS WHOSE PRIMARY PURPOSE IS TO DELAY APPROVAL
OF CERTAIN APPLICATIONS.
(a) In General.--Subparagraph (E) of section 505(q)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)(1)) is amended
to read as follows:
``(E) Denial based on intent to delay.--
``(i) In general.--If the Secretary
determines that a petition or a supplement to
the petition was submitted with the primary
purpose of delaying the approval of an
application or the petition does not on its
face raise valid scientific or regulatory
issues, the Secretary may deny the petition at
any point based on such determination.
``(ii) Factors.--The Secretary may issue
guidance to describe the factors that will be
used to determine under this subparagraph
whether a petition is submitted with the
primary purpose of delaying the approval of an
application. Such factors shall include the
following:
``(I) Submission of a petition
where it appears, based on the date
that relevant information relied upon
in the petition became known to the
petitioner (or reasonably should have
been known to the petitioner), that the
petitioner has taken an unreasonable
length of time to submit the petition.
``(II) Submission of multiple or
serial petitions raising issues that
reasonably could have been known to the
petitioner at the time of submission of
the earlier petition or petitions.
``(III) Submission of a petition
close in time to a known, first date
upon which an application under
subsection (b)(2) or (j) of this
section or under section 351(k) of the
Public Health Service Act could be
approved (such as submission close in
time to the expiration of a blocking
patent or exclusivity).
``(IV) Submission of a petition
without any data or information in
support of the scientific positions set
forth in the petition.
``(V) Submission of a petition
raising the same or substantially
similar issues as a prior petition to
which the Food and Drug Administration
has already substantively responded,
particularly where the subsequent
submission closely follows in time the
earlier response.
``(VI) Submission of a petition
concerning standards for approval of a
drug product for which--
``(aa) the Food and Drug
Administration has provided an
opportunity for public input
(such as when the Food and Drug
Administration has issued draft
or final product-specific
guidance applicable to the drug
product); and
``(bb) the petitioner has
not provided comment other than
through the petition.
``(VII) Submission of a petition
requesting that other applicants must
meet standards for testing, data, or
labeling for their products that are
more onerous or rigorous than the
standards applicable to the applicable
listed drug or the petitioner's version
of the same product.
``(VIII) Other relevant
considerations, including the history
of the petitioner with the Food and
Drug Administration (such as whether
the petitioner has a history of
submitting petitions which the Food and
Drug Administration has determined were
submitted with the primary purpose of
delay).
``(iii) Referral to ftc.--If the Secretary
determines that a petition has been submitted
with the primary purpose of delaying the
approval of an application, as described in
clause (i), the Secretary shall refer the
matter to the Federal Trade Commission.''.
(b) Deadline for Submission of Petitions.--
(1) Deadline.--Clause (i) of section 505(q)(1)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)(1)(A))
is amended to read as follows:
``(i) the request is in writing, is a
petition submitted to the Secretary pursuant to
section 10.30, 10.31, or 10.35 of title 21,
Code of Federal Regulations (or any successor
regulations), and is submitted not later than
60 days after the information upon which the
petition is based first became known to the
party on whose behalf the petition is
submitted; and''.
(2) Certification.--Section 505(q)(1)(H) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)(1)(H)) is
amended by striking ```I further certify that the information
upon which I have based the action requested herein first
became known to the party on whose behalf this petition is
submitted on or about the following date: ____.''' and
inserting ```I further certify that the information upon which
I have based the action requested herein first became known to
the party on whose behalf this petition is submitted on or
about ____, which date was not more than 60 days before the
date of submitting this petition.'''.
(c) Reporting to Congress.--Section 505(q)(3) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(q)(3)) is amended--
(1) in the matter before subparagraph (A), by striking
``specifies'';
(2) in subparagraphs (A), (B), (C), and (D), by striking
``the number'' and inserting ``specifies the number'';
(3) in subparagraph (C), by striking ``and'' at the end;
(4) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(5) by adding at the end the following:
``(E)(i) lists each petition submitted during such
period and, for each, identifies the petitioner;
``(ii) quantifies the time and resources expended
on each such petition;
``(iii) states the timing of the petition relative
to the expiration date of the patents specified in the
pending application in the certification under
subsection (b)(2)(A) or (j)(2)(A)(vii), as applicable;
``(iv) quantifies the delay, if any, caused by any
such petition on the approval of any application
submitted under subsection (b)(2) or (j), including a
description of how any such delay is calculated and an
estimate of when any delayed approval would have been
granted absent the petition; and
``(v) in cases in which a pending application and a
petition with respect to such pending application are
disposed of on the same or nearly the same date, states
when the Food and Drug Administration would have
disposed of the pending application absent the
petition.''.
<all>
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118HR3031 | America's Red Rock Wilderness Act | [
[
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[
"T00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3031 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3031
To designate as wilderness certain Federal portions of the red rock
canyons of the Colorado Plateau and the Great Basin Deserts in the
State of Utah for the benefit of present and future generations of
people in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Stansbury (for herself, Mr. Raskin, Mr. Trone, Ms. Bush, Ms. Tlaib,
Mr. Espaillat, Mr. Lynch, Ms. DeGette, Mr. Connolly, Mr. Schiff, Mr.
Blumenauer, Mr. Takano, Mr. McGovern, Ms. Jayapal, Mrs. Napolitano, Mr.
Boyle of Pennsylvania, Mr. Pocan, Ms. Stevens, Ms. Bonamici, Ms.
Norton, Ms. Meng, Mr. Doggett, Ms. McCollum, Mr. Cleaver, Mr.
Krishnamoorthi, Mr. Nadler, Mr. Schneider, Ms. Ocasio-Cortez, Ms.
Craig, Ms. Porter, Mr. Pascrell, Mr. Meeks, Ms. DelBene, Ms. Budzinski,
Ms. Chu, Mr. Phillips, Mrs. Watson Coleman, Ms. Omar, Mr. Thompson of
California, Mr. Khanna, Mr. Moulton, Mr. Cohen, Ms. Pingree, and Mr.
Kilmer) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate as wilderness certain Federal portions of the red rock
canyons of the Colorado Plateau and the Great Basin Deserts in the
State of Utah for the benefit of present and future generations of
people in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's Red Rock
Wilderness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purposes.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan Wilderness Areas.
Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs-Greater Dinosaur Wilderness Areas.
TITLE II--ADMINISTRATIVE PROVISIONS
Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Protection of Tribal rights.
Sec. 209. Management of newly acquired land.
Sec. 210. Withdrawal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(2) State.--The term ``State'' means the State of Utah.
SEC. 3. FINDINGS.
Congress finds that--
(1) the land designated as wilderness by this Act is one of
the largest remaining expanses of unprotected, wild public land
in the continental United States;
(2) the designation of wilderness by this Act would--
(A) increase landscape connectivity in the Colorado
Plateau; and
(B) help to mitigate the impacts of climate change
by--
(i) providing critical refugia;
(ii) reducing surface disturbances that
exacerbate the impacts of climate change;
(iii) reducing greenhouse gas emissions
related to the extraction and use of fossil
fuels; and
(iv) contributing to the goal of protecting
30 percent of global land and waters by 2030;
(3) the land designated as wilderness by this Act is--
(A) a living cultural landscape;
(B) a place of refuge for wild nature; and
(C) an important part of Indigenous and non-
Indigenous community values;
(4) Indian Tribes have been present on the land designated
as wilderness by this Act since time immemorial, using the
plant, animal, landform, and spiritual values for sustenance
and cultural, medicinal, and ceremonial activities, purposes
for which Indigenous people continue to use the land; and
(5) the designation of wilderness by this Act--
(A) is vital to the continuation and revitalization
of Indigenous cultures; and
(B) serves to protect places of Indigenous use and
sanctuary.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to designate as wilderness certain Federal portions of
the red rock canyons of the Colorado Plateau and the Great
Basin Deserts in the State of Utah for the benefit of present
and future generations of people in the United States;
(2) to protect the cultural, ecological, and scenic values
of land designated as wilderness by this Act for the benefit,
use, and enjoyment of present and future generations of people
in the United States; and
(3) to protect the ability of Indigenous and non-Indigenous
people to use the land designated as wilderness by this Act for
traditional activities, including hunting, fishing, hiking,
horsepacking, camping, and spirituality as people have used the
land for generations.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. GREAT BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Great Basin region of western Utah is comprised of
starkly beautiful mountain ranges that rise as islands from the
desert floor;
(2) the Wah Wah Mountains in the Great Basin region are
arid and austere, with massive cliff faces and leathery slopes
speckled with pinon and juniper;
(3) the Pilot Range and Stansbury Mountains in the Great
Basin region are high enough to draw moisture from passing
clouds and support ecosystems found nowhere else on earth;
(4) from bristlecone pine, the world's oldest living
organism, to newly flowered mountain meadows, mountains of the
Great Basin region are islands of nature that--
(A) support remarkable biological diversity; and
(B) provide opportunities to experience the
colossal silence of the Great Basin; and
(5) the Great Basin region of western Utah should be
protected and managed to ensure the preservation of the natural
conditions of the region.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bald Eagle Mountain (approximately 9,000 acres).
(2) Barn Hills (approximately 21,000 acres).
(3) Big Hollow (approximately 4,100 acres).
(4) Black Hills (approximately 8,750 acres).
(5) Broken Ridge (approximately 9,250 acres).
(6) Bullgrass Knoll (approximately 15,750 acres).
(7) Burbank Hills (approximately 17,000 acres).
(8) Burbank Pass (approximately 30,000 acres).
(9) Chalk Knolls (approximately 16,500 acres).
(10) Cobb Peak (approximately 8,500 acres).
(11) Conger Mountain (approximately 21,750 acres).
(12) Crater Bench (approximately 35,000 acres).
(13) Crater Island East (approximately 53,000 acres).
(14) Crater Island West (approximately 30,000 acres).
(15) Cricket Mountain (approximately 16,500 acres).
(16) Crook Creek (approximately 20,000 acres).
(17) Deep Creek Mountains (approximately 127,000 acres).
(18) Disappointment Hills (approximately 24,000 acres).
(19) Drum Mountains (approximately 14,500 acres).
(20) Dugway Mountains (approximately 24,500 acres).
(21) Fish Springs Range (approximately 65,000 acres).
(22) Granite Mountain (approximately 19,250 acres).
(23) Granite Peak (approximately 19,500 acres).
(24) Grassy Mountains North (approximately 8,500 acres).
(25) Grassy Mountains South (approximately 16,500 acres).
(26) Hamlin (approximately 13,750 acres).
(27) Headlight Mountain (approximately 6,000 acres).
(28) Howell Peak (approximately 28,750 acres).
(29) Indian Peaks (approximately 15,750 acres).
(30) Jackson Wash (approximately 18,500 acres).
(31) Juniper (approximately 17,500 acres).
(32) Keg Mountains East (approximately 19,500 acres).
(33) Keg Mountains West (approximately 19,250 acres).
(34) Kern Mountains (approximately 15,000 acres).
(35) King Top (approximately 111,500 acres).
(36) Ledger Canyon (approximately 8,900 acres).
(37) Lion Peak (approximately 27,500 acres).
(38) Little Drum Mountains North (approximately 14,000
acres).
(39) Little Drum Mountains South (approximately 10,000
acres).
(40) Mahogany Peak (approximately 750 acres).
(41) Middle Burbank Hills (approximately 6,750 acres).
(42) Middle Mountains (approximately 39,750 acres).
(43) Mount Escalante (approximately 17,500 acres).
(44) Mountain Home Range North (approximately 21,500
acres).
(45) Mountain Home Range South (approximately 32,750
acres).
(46) Needle Mountains (approximately 12,000 acres).
(47) Newfoundland Mountains (approximately 24,500 acres).
(48) North Peaks (approximately 9,400 acres).
(49) North Stansbury Mountains (approximately 20,500
acres).
(50) Notch Peak (approximately 72,000 acres).
(51) Notch View (approximately 8,000 acres).
(52) Ochre Mountain (approximately 13,500 acres).
(53) Oquirrh Mountains (approximately 8,900 acres).
(54) Orr Ridge (approximately 11,000 acres).
(55) Painted Rock (approximately 26,500 acres).
(56) Paradise Mountain (approximately 40,000 acres).
(57) Pilot Mountains Central (approximately 8,000 acres).
(58) Pilot Peak (approximately 30,250 acres).
(59) Red Canyon (approximately 15,500 acres).
(60) Red Tops (approximately 28,000 acres).
(61) San Francisco Mountains (approximately 39,750 acres).
(62) Silver Island Mountains (approximately 37,500 acres).
(63) Snake Valley (approximately 66,250 acres).
(64) Spring Creek Canyon (approximately 5,250 acres).
(65) Stansbury Island (approximately 10,000 acres).
(66) Steamboat Mountain (approximately 40,250 acres).
(67) Swasey Peak (approximately 91,000 acres).
(68) The Toad (approximately 11,250 acres).
(69) Thomas Range (approximately 41,000 acres).
(70) Tule Valley (approximately 102,000 acres).
(71) Tule Valley South (approximately 19,000 acres).
(72) Tunnel Springs (approximately 23,000 acres).
(73) Wah Wah Mountains Central (approximately 61,000
acres).
(74) Wah Wah Mountains North (approximately 93,500 acres).
(75) Wah Wah Mountains South (approximately 18,000 acres).
(76) White Rock Range (approximately 5,000 acres).
(77) Wild Horse Pass (approximately 35,750 acres).
SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.
(a) Grand Staircase Area.--
(1) Findings.--Congress finds that--
(A) the area known as the Grand Staircase rises
more than 6,000 feet in a series of great cliffs and
plateaus from the depths of the Grand Canyon to the
forested rim of Bryce Canyon;
(B) the Grand Staircase--
(i) spans 6 major life zones, from the
lower Sonoran Desert to the alpine forest; and
(ii) encompasses geologic formations that
display 3,000,000,000 years of Earth's history;
(C) land managed by the Secretary forms a vital
natural corridor connecting the deserts and forests of
the surrounding landscape, which includes Grand Canyon
National Park and Bryce Canyon National Park;
(D) each of the areas described in paragraph (2)
(other than East of Bryce, Moquith Mountain, Bunting
Point, Canaan Mountain, Orderville Canyon, Parunuweap
Canyon, Vermillion Cliffs, and the majority of Upper
Kanab Creek) is located within the Grand Staircase-
Escalante National Monument, as established in 1996;
and
(E) the Grand Staircase in Utah should be protected
and managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Bryce Boot (approximately 2,800 acres).
(B) Bryce View (approximately 4,500 acres).
(C) Bunting Point (approximately 11,500 acres).
(D) Canaan Mountain (approximately 15,250 acres).
(E) East of Bryce (approximately 850 acres).
(F) Glass Eye Canyon (approximately 25,500 acres).
(G) Ladder Canyon (approximately 14,500 acres).
(H) Moquith Mountain (approximately 15,750 acres).
(I) Nephi Point (approximately 14,750 acres).
(J) Orderville Canyon (approximately 8,000 acres).
(K) Paria-Hackberry (approximately 196,000 acres).
(L) Paria Wilderness Expansion (approximately 4,000
acres).
(M) Parunuweap Canyon (approximately 44,500 acres).
(N) Pine Hollow (approximately 11,000 acres).
(O) Timber Mountain (approximately 52,750 acres).
(P) Upper Kanab Creek (approximately 51,000 acres).
(Q) Vermillion Cliffs (approximately 25,000 acres).
(R) Willis Creek (approximately 22,000 acres).
(b) Kaiparowits Plateau.--
(1) Findings.--Congress finds that--
(A) the Kaiparowits Plateau east of the Paria River
is one of the most rugged and isolated wilderness
regions in the United States;
(B) the Kaiparowits Plateau, a windswept land of
harsh beauty, contains distant vistas and a remarkable
variety of plant and animal species;
(C) ancient forests, an abundance of big game
animals, and 22 species of raptors thrive undisturbed
on the grassland mesa tops of the Kaiparowits Plateau;
(D) each of the areas described in paragraph (2)
(other than Heaps Canyon, Little Valley, and Wide
Hollow) is located within the Grand Staircase-Escalante
National Monument, as established in 1996; and
(E) the Kaiparowits Plateau should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Andalex Not (approximately 18,000 acres).
(B) Box Canyon (approximately 3,000 acres).
(C) Burning Hills (approximately 81,500 acres).
(D) Canaan Peak Slopes (approximately 2,500 acres).
(E) Carcass Canyon (approximately 84,750 acres).
(F) Fiftymile Bench (approximately 12,750 acres).
(G) Fiftymile Mountain (approximately 207,000
acres).
(H) Heaps Canyon (approximately 4,000 acres).
(I) Horse Spring Canyon (approximately 32,000
acres).
(J) Kodachrome Headlands (approximately 9,750
acres).
(K) Little Valley Canyon (approximately 4,100
acres).
(L) Mud Spring Canyon (approximately 65,750 acres).
(M) Nipple Bench (approximately 31,750 acres).
(N) Paradise Canyon-Wahweap (approximately 266,500
acres).
(O) Rock Cove (approximately 17,000 acres).
(P) The Blues (approximately 22,000 acres).
(Q) The Cockscomb (approximately 11,750 acres).
(R) Warm Creek (approximately 24,000 acres).
(S) Wide Hollow (approximately 7,700 acres).
(c) Escalante Canyons.--
(1) Findings.--Congress finds that--
(A) glens and coves carved in massive sandstone
cliffs, spring-watered hanging gardens, and the silence
of ancient ruins are examples of the unique features
that entice hikers, campers, and sightseers from around
the world to the Escalante Canyons;
(B) the Escalante Canyons link the spruce fir
forests of the 11,000-foot Aquarius Plateau with the
winding slickrock canyons that flow into Glen Canyon;
(C) the Escalante Canyons, one of Utah's most
popular natural areas, contains critical habitat for
deer, elk, and wild bighorn sheep that also enhances
the scenic integrity of the area;
(D) each of the areas described in paragraph (2) is
located within the Grand Staircase-Escalante National
Monument, as established in 1996; and
(E) the Escalante Canyons should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Colt Mesa (approximately 28,250 acres).
(B) Death Hollow (approximately 49,750 acres).
(C) Forty Mile Gulch (approximately 7,600 acres).
(D) Lampstand (approximately 11,500 acres).
(E) Muley Twist Flank (approximately 3,750 acres).
(F) North Escalante Canyons (approximately 182,000
acres).
(G) Pioneer Mesa (approximately 11,000 acres).
(H) Scorpion (approximately 61,250 acres).
(I) Sooner Bench (approximately 500 acres).
(J) Steep Creek (approximately 35,750 acres).
(K) Studhorse Peaks (approximately 24,000 acres).
SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the canyons surrounding the La Sal Mountains and the
town of Moab offer a variety of extraordinary landscapes;
(2) outstanding examples of natural formations and
landscapes in the Moab-La Sal Canyons area include the huge
sandstone fins of Behind the Rocks, the mysterious Fisher
Towers, and the whitewater rapids of Westwater Canyon; and
(3) the Moab-La Sal Canyons should be protected and managed
as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Arches National Park Adjacents (approximately 8,900
acres).
(2) Beaver Creek (approximately 45,000 acres).
(3) Behind the Rocks (approximately 19,500 acres).
(4) Big Triangle (approximately 21,500 acres).
(5) Coyote Wash (approximately 27,000 acres).
(6) Dome Plateau (approximately 36,750 acres).
(7) Fisher Towers (approximately 19,000 acres).
(8) Goldbar Canyon (approximately 9,500 acres).
(9) Granite Creek (approximately 5,000 acres).
(10) Hunter Canyon (approximately 5,500 acres).
(11) Mary Jane Canyon (approximately 28,500 acres).
(12) Mill Creek (approximately 17,250 acres).
(13) Morning Glory (approximately 11,000 acres).
(14) Porcupine Rim (approximately 10,500 acres).
(15) Renegade Point (approximately 6,250 acres).
(16) Westwater Canyon (approximately 39,000 acres).
(17) Yellow Bird (approximately 4,600 acres).
SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Henry Mountain Range, the last mountain range to be
discovered and named by early explorers in the contiguous
United States, still retains a wild and undiscovered quality;
(2) fluted badlands that surround the flanks of 11,000-foot
Mounts Ellen and Pennell contain areas of critical habitat for
mule deer and for the largest herd of free-roaming buffalo in
the United States;
(3) despite their relative accessibility, the Henry
Mountain Range remains one of the wildest, least-known ranges
in the United States; and
(4) the Henry Mountain Range should be protected and
managed to ensure the preservation of the range as a wilderness
area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bull Mountain (approximately 16,000 acres).
(2) Bullfrog Creek (approximately 42,000 acres).
(3) Dogwater Creek (approximately 4,900 acres).
(4) Fremont Gorge (approximately 22,000 acres).
(5) Long Canyon (approximately 16,500 acres).
(6) Mount Ellen-Blue Hills (approximately 14,750 acres).
(7) Mount Hillers (approximately 20,250 acres).
(8) Mount Pennell (approximately 155,500 acres).
(9) Notom Bench (approximately 6,250 acres).
(10) Ragged Mountain (approximately 29,250 acres).
SEC. 105. GLEN CANYON WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the side canyons of Glen Canyon, including the Dirty
Devil River and the Red, White and Blue Canyons, contain some
of the most remote and outstanding landscapes in southern Utah;
(2) the Dirty Devil River, once the fortress hideout of
outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of
slickrock canyons through an imposing landscape of monoliths
and inaccessible mesas;
(3) the Red and Blue Canyons contain colorful Chinle/
Moenkopi badlands found nowhere else in the region;
(4) Dark Canyon, Fort Knocker, Tuwa Canyon, Upper Red
Canyon, White Canyon, and a portion of Red Rock Plateau are
located within the Bears Ears National Monument, as established
in 2016; and
(5) the canyons of Glen Canyon in the State should be
protected and managed as wilderness areas.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Cane Spring Desert (approximately 18,250 acres).
(2) Copper Point (approximately 4,400 acres).
(3) Dark Canyon (approximately 139,000 acres).
(4) Dirty Devil (approximately 245,000 acres).
(5) Fiddler Butte (approximately 93,000 acres).
(6) Flat Tops (approximately 29,750 acres).
(7) Fort Knocker (approximately 12,500 acres).
(8) Little Rockies (approximately 64,000 acres).
(9) Pleasant Creek Bench (approximately 1,000 acres).
(10) Red Rock Plateau (approximately 185,500 acres).
(11) The Needle (approximately 10,750 acres).
(12) Tuwa Canyon (approximately 9,750 acres).
(13) Upper Red Canyon (approximately 25,000 acres).
(14) White Canyon (approximately 78,000 acres).
SEC. 106. SAN JUAN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) more than 1,000 years ago, Indigenous culture
flourished in the slickrock canyons and on the pinon-covered
mesas of southeastern Utah;
(2) evidence of the presence of Indigenous people pervades
the Cedar Mesa area of the San Juan area where cliff dwellings,
rock art, and ceremonial kivas are found in sandstone overhangs
and isolated benchlands;
(3) the Cedar Mesa area is in need of protection from the
vandalism and theft of its unique cultural resources;
(4) the Cedar Mesa wilderness areas should be created to
protect both the archaeological heritage and the extraordinary
wilderness, scenic, and ecological values of the United States;
(5) each of the areas described in subsection (b) (other
than Cross Canyon, Monument Canyon, Tin Cup Mesa, and most of
Nokai Dome and San Juan River) are located within the Bears
Ears National Monument, as established in 2016; and
(6) the San Juan area should be protected and managed as a
wilderness area to ensure the preservation of the unique and
valuable resources of that area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Allen Canyon (approximately 6,500 acres).
(2) Arch Canyon (approximately 30,500 acres).
(3) Comb Ridge (approximately 16,000 acres).
(4) Cross Canyon (approximately 2,400 acres).
(5) Fish and Owl Creek Canyons (approximately 74,000
acres).
(6) Grand Gulch (approximately 161,250 acres).
(7) Hammond Canyon (approximately 4,700 acres).
(8) Lime Creek (approximately 5,500 acres).
(9) Monument Canyon (approximately 18,000 acres).
(10) Nokai Dome (approximately 94,250 acres).
(11) Road Canyon (approximately 64,000 acres).
(12) San Juan River (approximately 14,750 acres).
(13) The Tabernacle (approximately 7,300 acres).
(14) Tin Cup Mesa (approximately 26,000 acres).
(15) Valley of the Gods (approximately 14,500 acres).
SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) Canyonlands National Park safeguards only a small
portion of the extraordinary red-hued, cliff-walled canyonland
region of the Colorado Plateau;
(2) areas near Canyonlands National Park contain canyons
with rushing perennial streams, natural arches, bridges, and
towers;
(3) the gorges of the Green and Colorado Rivers lie on
adjacent land managed by the Secretary;
(4) popular overlooks in Canyonlands National Park and Dead
Horse Point State Park have views directly into adjacent areas,
including Lockhart Basin and Indian Creek;
(5) each of the areas described in subsection (b) (other
than Dead Horse Cliffs, Horsethief Point, Labyrinth Canyon
Wilderness Expansion, San Rafael River, Sweetwater Reef, and a
portion of Gooseneck) are located within the Bears Ears
National Monument, as established in 2016; and
(6) designation of those areas as wilderness would ensure
the protection of this erosional masterpiece of nature and of
the rich pockets of wildlife found within its expanded
boundaries.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bridger Jack Mesa (approximately 33,500 acres).
(2) Butler Wash (approximately 27,000 acres).
(3) Dead Horse Cliffs (approximately 5,300 acres).
(4) Demon's Playground (approximately 3,600 acres).
(5) Gooseneck (approximately 9,400 acres).
(6) Hatch Point/Lockhart Basin/Harts Point (approximately
150,500 acres).
(7) Horsethief Point (approximately 15,500 acres).
(8) Indian Creek (approximately 28,500 acres).
(9) Labyrinth Canyon Wilderness Expansion (approximately
157,500 acres).
(10) San Rafael River (approximately 103,000 acres).
(11) Shay Mountain (approximately 15,500 acres).
(12) Sweetwater Reef (approximately 69,250 acres).
SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the San Rafael Swell towers above the desert like a
castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
(2) the highlands of the San Rafael Swell have been
fractured by uplift and rendered hollow by erosion over
countless millennia, leaving a tremendous basin punctuated by
mesas, buttes, and canyons and traversed by sediment-laden
desert streams;
(3) the mountains within these areas are among Utah's most
valuable habitat for desert bighorn sheep; and
(4) the San Rafael Swell area should be protected and
managed to ensure its preservation as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Capitol Reef National Park Adjacents (approximately
9,000 acres).
(2) Cedar Mountain (approximately 14,750 acres).
(3) Devils Canyon Wilderness Expansion (approximately
14,000 acres).
(4) Eagle Canyon (approximately 38,500 acres).
(5) Factory Butte (approximately 22,250 acres).
(6) Hondu Country Wilderness Expansion (approximately 2,500
acres).
(7) Jones Bench (approximately 3,400 acres).
(8) Limestone Cliffs (approximately 25,500 acres).
(9) Lost Spring Wash (approximately 36,500 acres).
(10) Mexican Mountain Wilderness Expansion (approximately
24,750 acres).
(11) Molen Reef (approximately 32,500 acres).
(12) Muddy Creek Wilderness Expansion (approximately 80,750
acres).
(13) Mussentuchit Badlands (approximately 25,000 acres).
(14) Price River-Humbug (approximately 122,250 acres).
(15) Red Desert (approximately 30,750 acres).
(16) Rock Canyon (approximately 17,750 acres).
(17) San Rafael Knob (approximately 15,000 acres).
(18) San Rafael Reef Wilderness Expansion (approximately
53,500 acres).
(19) Sids Mountain Wilderness Expansion (approximately
36,750 acres).
(20) Upper Muddy Creek (approximately 18,500 acres).
(21) Wild Horse Mesa Wilderness Expansion (approximately
56,000 acres).
SEC. 109. BOOK CLIFFS-GREATER DINOSAUR WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Book Cliffs-Greater Dinosaur Wilderness Areas
offer--
(A) unique big game hunting opportunities in
verdant high-plateau forests; and
(B) the opportunity for float trips of several days
duration down the Green River in Desolation Canyon;
(2) the long rampart of the Book Cliffs bounds the area on
the south, while the uplands, plateaus, rivers, and canyons of
the Greater Dinosaur area provide connectivity with Dinosaur
National Monument and the northernmost extent of the Colorado
Plateau;
(3) bears, bighorn sheep, cougars, elk, and mule deer
flourish in the backcountry of the Book Cliffs; and
(4) the Book Cliffs-Greater Dinosaur Wilderness Areas
should be protected and managed to ensure the protection of the
areas as wilderness.
(b) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Bad Land Cliffs (approximately 11,500 acres).
(2) Beach Draw (approximately 900 acres).
(3) Bourdette Draw (approximately 15,750 acres).
(4) Bull Canyon (approximately 3,100 acres).
(5) Dead Horse Pass (approximately 8,400 acres).
(6) Desbrough Canyon (approximately 14,000 acres).
(7) Desolation Canyon Wilderness Expansion (approximately
295,000 acres).
(8) Diamond Breaks (approximately 8,600 acres).
(9) Diamond Canyon (approximately 168,000 acres).
(10) Diamond Mountain (approximately 28,000 acres).
(11) Goslin Mountain (approximately 3,800 acres).
(12) Hideout Canyon (approximately 12,750 acres).
(13) Lower Flaming Gorge (approximately 21,000 acres).
(14) Mexico Point (approximately 14,750 acres).
(15) Moonshine Draw (approximately 10,750 acres).
(16) Mountain Home (approximately 8,000 acres).
(17) O-Wi-Yu-Kuts (approximately 14,500 acres).
(18) Red Creek Badlands (approximately 4,600 acres).
(19) Split Mountain Benches (approximately 2,800 acres).
(20) Stone Bridge Draw (approximately 3,600 acres).
(21) Stuntz Draw (approximately 2,000 acres).
(22) Survey Point (approximately 8,700 acres).
(23) Turtle Canyon Wilderness Expansion (approximately
9,600 acres).
(24) Vivas Cake Hill (approximately 275 acres).
(25) Wild Mountain (approximately 700 acres).
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--Each wilderness area named in title
I shall--
(1) consist of the quantity of land referenced with respect
to that named area, as generally depicted on the map entitled
``America's Red Rock Wilderness Act, 118th Congress''; and
(2) be known by the name given to it in title I.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the Office of the Director of the Bureau
of Land Management.
SEC. 202. ADMINISTRATION.
Subject to valid rights in existence on the date of enactment of
this Act, each wilderness area designated under this Act shall be
administered by the Secretary in accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.
(a) In General.--Subject to subsection (b), if State-owned land is
included in an area designated by this Act as a wilderness area, the
Secretary shall offer to exchange land owned by the United States in
the State of approximately equal value in accordance with section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)) and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
(b) Mineral Interests.--The Secretary shall not transfer any
mineral interests under subsection (a) unless the State transfers to
the Secretary any mineral interests in land designated by this Act as a
wilderness area.
SEC. 204. WATER.
(a) Reservation.--
(1) Water for wilderness areas.--
(A) In general.--With respect to each wilderness
area designated by this Act, Congress reserves a
quantity of water determined by the Secretary to be
sufficient for the wilderness area.
(B) Priority date.--The priority date of a right
reserved under subparagraph (A) shall be the date of
enactment of this Act.
(2) Protection of rights.--The Secretary and other officers
and employees of the United States shall take any steps
necessary to protect the rights reserved by paragraph (1)(A),
including the filing of a claim for the quantification of the
rights in any present or future appropriate stream adjudication
in the courts of the State--
(A) in which the United States is or may be joined;
and
(B) that is conducted in accordance with section
208 of the Department of Justice Appropriation Act,
1953 (66 Stat. 560, chapter 651).
(b) Prior Rights Not Affected.--Nothing in this Act relinquishes or
reduces any water rights reserved or appropriated by the United States
in the State on or before the date of enactment of this Act.
(c) Administration.--
(1) Specification of rights.--The Federal water rights
reserved by this Act are specific to the wilderness areas
designated by this Act.
(2) No precedent established.--Nothing in this Act related
to reserved Federal water rights--
(A) shall establish a precedent with regard to any
future designation of water rights; or
(B) shall affect the interpretation of any other
Act or any designation made under any other Act.
SEC. 205. ROADS.
(a) Setbacks.--
(1) Measurement in general.--A setback under this section
shall be measured from the center line of the road.
(2) Wilderness on 1 side of roads.--Except as provided in
subsection (b), a setback for a road with wilderness on only 1
side shall be set at--
(A) 300 feet from a paved Federal or State highway;
(B) 100 feet from any other paved road or high
standard dirt or gravel road; and
(C) 30 feet from any other road.
(3) Wilderness on both sides of roads.--Except as provided
in subsection (b), a setback for a road with wilderness on both
sides (including cherry-stems or roads separating 2 wilderness
units) shall be set at--
(A) 200 feet from a paved Federal or State highway;
(B) 40 feet from any other paved road or high
standard dirt or gravel road; and
(C) 10 feet from any other roads.
(b) Setback Exceptions.--
(1) Well-defined topographical barriers.--If, between the
road and the boundary of a setback area described in paragraph
(2) or (3) of subsection (a), there is a well-defined cliff
edge, stream bank, or other topographical barrier, the
Secretary shall use the barrier as the wilderness boundary.
(2) Fences.--If, between the road and the boundary of a
setback area specified in paragraph (2) or (3) of subsection
(a), there is a fence running parallel to a road, the Secretary
shall use the fence as the wilderness boundary if, in the
opinion of the Secretary, doing so would result in a more
manageable boundary.
(3) Deviations from setback areas.--
(A) Exclusion of disturbances from wilderness
boundaries.--In cases where there is an existing
livestock development, dispersed camping area, borrow
pit, or similar disturbance within 100 feet of a road
that forms part of a wilderness boundary, the Secretary
may delineate the boundary so as to exclude the
disturbance from the wilderness area.
(B) Limitation on exclusion of disturbances.--The
Secretary shall make a boundary adjustment under
subparagraph (A) only if the Secretary determines that
doing so is consistent with wilderness management
goals.
(C) Deviations restricted to minimum necessary.--
Any deviation under this paragraph from the setbacks
required under in paragraph (2) or (3) of subsection
(a) shall be the minimum necessary to exclude the
disturbance.
(c) Delineation Within Setback Area.--The Secretary may delineate a
wilderness boundary at a location within a setback under paragraph (2)
or (3) of subsection (a) if, as determined by the Secretary, the
delineation would enhance wilderness management goals.
SEC. 206. LIVESTOCK.
Within the wilderness areas designated under title I, the grazing
of livestock authorized on the date of enactment of this Act shall be
permitted to continue subject to such reasonable regulations and
procedures as the Secretary considers necessary, as long as the
regulations and procedures are consistent with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) section 101(f) of the Arizona Desert Wilderness Act of
1990 (Public Law 101-628; 104 Stat. 4469).
SEC. 207. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State with
respect to wildlife and fish on the public land located in the State.
SEC. 208. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act affects or modifies--
(1) any right of any federally recognized Indian Tribe; or
(2) any obligation of the United States to any federally
recognized Indian Tribe.
SEC. 209. MANAGEMENT OF NEWLY ACQUIRED LAND.
Any land within the boundaries of a wilderness area designated
under this Act that is acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 210. WITHDRAWAL.
Subject to valid rights existing on the date of enactment of this
Act, the Federal land referred to in title I is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under public law;
(2) location, entry, and patent under mining law; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
<all>
</pre></body></html>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 72 (Friday, April 28, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. STANSBURY:\nH.R. 3031.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle I, Section 8.\nThe single subject of this legislation is:\nTo designate as wilderness certain Federal portions of the\nred rock canyons of the Colorado Plateau and the Great Basin\nDeserts in the State of Utah for the benefit of present and\nfuture generations of people in the United States.\n[Page H2120]\n</pre>",
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118HR3032 | Volunteer Driver Tax Appreciation Act of 2023 | [
[
"S001212",
"Rep. Stauber, Pete [R-MN-8]",
"sponsor"
],
[
"C001119",
"Rep. Craig, Angie [D-MN-2]",
"cosponsor"
]
] | <p><strong>Volunteer Driver Tax Appreciation Act of 2023</strong> </p> <p>This bill increases the 14 cents per mile rate for the charitable use of an automobile to the standard business mileage rate (65.5 cents per mile in 2023) for automobiles transporting persons (other than the taxpayer) or property on behalf of a charitable organization.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3032 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3032
To amend the Internal Revenue Code of 1986 to equalize the charitable
mileage rate with the business travel rate.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Stauber (for himself and Ms. Craig) 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 equalize the charitable
mileage rate with the business travel rate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Volunteer Driver Tax Appreciation
Act of 2023''.
SEC. 2. INCREASE IN CHARITABLE MILEAGE RATE.
(a) In General.--Subsection (i) of section 170 of the Internal
Revenue Code of 1986 is amended by striking ``shall be 14 cents per
mile'' and inserting ``shall be--
``(1) except as provided in paragraph (2), 14 cents per
mile, and
``(2) in the case of transportation of persons (other than
the taxpayer) or property on behalf of an organization
described in subsection (c), the rate determined by the
Secretary, which rate shall not be less than the standard
mileage rate used for purposes of sections 162 and 212.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
<all>
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118HR3033 | Solidify Iran Sanctions Act of 2023 | [
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],
[
"F000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3033 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3033
To repeal the sunset provision of the Iran Sanctions Act of 1996, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. Steel (for herself, Mrs. Lee of Nevada, Mr. McCaul, Mr. Waltz, Mr.
Fallon, Mr. Trone, Mr. Wittman, Ms. Meng, Ms. Salazar, Mr. Cline, Mr.
Gimenez, Mr. Norcross, Mr. Rutherford, Mr. Kean of New Jersey, Mrs.
Lesko, Ms. Craig, Mr. Langworthy, Mr. Gottheimer, Mr. Lawler, Mr.
Ciscomani, Ms. Wild, Mr. Zinke, Mr. Crawford, Mr. Schneider, and Mr.
Joyce of Ohio) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on
Financial Services, the Judiciary, Ways and Means, and Oversight and
Accountability, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To repeal the sunset provision of the Iran Sanctions Act of 1996, 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 ``Solidify Iran Sanctions Act of
2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) requires the imposition of sanctions with
respect to Iran's illicit weapons programs, conventional
weapons and ballistic missile development, and support for
terrorism, including Iran's Revolutionary Guards Corps.
(2) The Government of Iran has acquired destabilizing
conventional weapons systems from the Russian Federation and
other malign actors, and is funneling weapons and financial
support to its terrorist proxies throughout the Middle East,
threatening allies and partners of the United States, such as
Israel.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to fully implement and
enforce the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note).
SEC. 4. REPEAL OF SUNSET.
Section 13 of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in the section heading, by striking ``; sunset'';
(2) by striking ``(a) Effective Date.--''; and
(3) by striking subsection (b).
<all>
</pre></body></html>
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118HR3034 | Ensuring Children Receive Support Act | [
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"sponsor"
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[
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] | <p><strong>Ensuring Children Receive Support Act</strong></p> <p>This bill requires the Department of State to revoke passports for certain individuals who fail to make child support payments.</p> <p>Under current law, if the Department of Health and Human Services certifies that an individual owes more than $2,500 in child support, the Department of State must refuse to issue the individual a passport and may revoke a previously issued passport. Under the bill, State must revoke the previously issued passport.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3034 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3034
To require the Secretary of State to revoke any United States passport
issued to an individual, on receipt of a certification by the Secretary
of Health and Human Services that the individual has a child support
arrearage exceeding $2,500.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Ms. Van Duyne introduced the following bill; which was referred to the
Committee on Ways and Means, 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 require the Secretary of State to revoke any United States passport
issued to an individual, on receipt of a certification by the Secretary
of Health and Human Services that the individual has a child support
arrearage exceeding $2,500.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Children Receive Support
Act''.
SEC. 2. REVOCATION OF PASSPORTS ISSUED TO INDIVIDUALS WITH A CHILD
SUPPORT ARREARAGE EXCEEDING $2,500.
Section 452(k) of the Social Security Act (42 U.S.C. 652(k)) is
amended--
(1) in paragraph (1), by striking ``, revocation, or
limitation'' and inserting ``or revocation''; and
(2) in paragraph (2)--
(A) by striking ``may revoke, restrict, or limit''
and inserting ``revoke''; and
(B) by inserting ``, and notify such individual of
the taking of any such action'' before the period.
<all>
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118HR3035 | Iran Human Rights and Accountability Act of 2023 | [
[
"W000795",
"Rep. Wilson, Joe [R-SC-2]",
"sponsor"
],
[
"H001082",
"Rep. Hern, Kevin [R-OK-1]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3035 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3035
To require the President to make a determination with respect to the
application of sanctions with respect to certain officials of the
Government of Iran, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mr. Wilson of South Carolina (for himself and Mr. Hern) 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 require the President to make a determination with respect to the
application of sanctions with respect to certain officials of the
Government of Iran, 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 ``Iran Human Rights and Accountability
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In response to protests that broke out on November 15,
2019, the Government of Iran blocked almost all internet
traffic in Iran and used deadly force against nonviolent
protesters, killing approximately 1,500 persons, according to
the Department of State's 2019 Human Rights Report.
(2) The Government of Iran is regularly engaged in
widespread torture, extrajudicial killings, the prosecution of
journalists, the taking of political prisoners, severe
restrictions on the freedom of religion, and the severe
repression of women and religious minorities.
(3) The Government of Iran is involved in the unlawful
recruitment of child soldiers by government actors to support
the brutal Assad regime in Syria, according to the Department
of State's 2019 Human Rights Report. The Government of Iran is
also altering the demographic composition of Syria.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) support democracy and human rights in Iran, including
the robust exercise by Iranians of the rights to free speech
and assembly and where possible to support the free flow of
information into Iran and make it easier for Iranian citizens
to communicate with one another and with the outside world;
(2) hold the Government of Iran accountable for severe
human rights abuses against its own people and the peoples of
the Middle East, including the people of Syria, Iraq, Yemen,
and Lebanon; and
(3) condemn any and all attacks on protesters by the
Government of Iran or its sponsored militias.
SEC. 4. DETERMINATION WITH RESPECT TO APPLICATION OF SANCTIONS WITH
RESPECT TO CERTAIN OFFICIALS OF THE GOVERNMENT OF IRAN.
(a) Determination With Respect to the Imposition of Sanctions.--Not
later than 180 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
determination, including a detailed justification, of whether any
person listed in subsection (b) meets the criteria for--
(1) the application of sanctions with respect to a person
pursuant to section 105 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8514); or
(2) the application of sanctions pursuant to Executive
Order 13553 (50 U.S.C. 1701 note; relating to blocking property
of certain persons with respect to serious human rights abuses
by the Government of Iran).
(b) Persons Listed.--The persons described in this subsection are
the following:
(1) Ayatollah Ali Khamanei, the Supreme Leader of Iran.
(2) Asghar Jahangir, the head of Iran's Prisons
Organization.
(3) Seyyed Alireza Avaie, Iran's Minister of Justice.
(4) Mansour Gholami, Iran's Minister of Science.
(5) Abbas Salehi, Iran's Minister of Culture.
(6) Hassan Hassanzadeh, Commander of the Tehran Mohammad
Rasoolallah Corps of Iran's Islamic Revolutionary Guard Corps
(IRGC).
(7) Mohammad Reza Yazdi, Commander of the Tehran Mohammad
Rasoolallah Corps of the IRGC.
(8) Amin Vaziri, Deputy Prosecutor of Tehran and assistant
supervisor of political prisoners in Evin prison.
(9) Heshmatollah Hayat Al-Ghayb, Tehran's Director-General
of Prisons.
(10) Allahkaram Azizi, Head of the Rajaie-Shahr prison in
Karaj, Iran.
(11) Mohammadmehdi Hajmohammadi, Head of Iran's prisons and
guidance prosecutor's office.
(12) Ali Hemmatian, IRGC interrogator.
(13) Masoud Safdari, IRGC interrogator.
SEC. 5. REPORT ON THE ESTIMATED NET WORTH AND KNOWN SOURCES OF INCOME
OF IRANIAN SUPREME LEADER AYATOLLAH ALI KHAMANEI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury and the Director of National Intelligence,
shall submit to the appropriate congressional committees a report on
the estimated net worth and known sources of income, including income
from corrupt or illicit activities, of Iranian Supreme Leader Ayatollah
Ali Khamanei and his family members (including spouse, children,
siblings, and paternal and maternal cousins), including--
(1) assets, investments, other business interests, and
relevant beneficial ownership information; and
(2) shares in and ties to Iranian parastatal institutions
or bonyads, such as the Mostazafan Foundation and the Astan
Quds Razavi, and the total estimated value of the Mostazafan
Foundation and the Astan Quds Razavi.
(b) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex if necessary.
(2) Public availability of information.--The unclassified
portion of such report shall be made available on a publicly
available internet website of the Federal Government.
SEC. 6. REPORT ON HUMAN RIGHTS ABUSES IN IRAN IN RESPONSE TO THE
PROTESTS IN IRAN SINCE 2017.
(a) Sense of Congress.--It is the sense of Congress that it is
imperative the United States Government should hold local Iranian law
enforcement forces, Iran's Islamic Revolutionary Guard Corps (IRGC)
officials, and other Iranian security officials accountable for the
violent crackdown on protests in Iran since 2017, especially since
protests in Iran have become geographically widespread and not limited
solely to major urban centers.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report that includes the following:
(1) A list, by province and city, of local Iranian law
enforcement forces, IRGC officials, and other Iranian security
officials responsible for the violent crackdown on protests in
Iran since 2017.
(2) A list of judges and judicial officials, by province
and city, responsible for gross violations of human rights in
Iran, including facilitating the unjust detainment of
protesters and depriving them of their right to free speech.
(3) A description of efforts by the United States to assist
Iranians to access the internet during periods in which the
Government of Iran has severely limited such access.
(c) Form.--
(1) In general.--The report required by subsection (b)
shall be submitted in unclassified form, but may contain a
classified annex if necessary.
(2) Public availability of information.--The unclassified
portion of such report shall be made available on a publicly
available internet website of the Federal Government.
SEC. 7. DETERMINATION WITH RESPECT TO CRIMES AGAINST HUMANITY COMMITTED
BY THE GOVERNMENT OF IRAN AND ITS SPONSORED MILITIAS IN
SYRIA AND IRAQ.
(a) Determination.--The Secretary of State shall make a
determination with respect to each of the following:
(1) Whether Iran, Hezbollah, and Iranian-backed militias'
sectarian cleansing campaigns, especially in the Damascus
suburbs and particularly against the Sunni Muslim population of
Syria, can be considered systematic and widespread and
therefore constitute an offense described in section 1091(a) of
title 18, United States Code.
(2) Whether Iran and Iranian backed militias' use of
violence against peaceful protesters in Iraq in November 2019
and December 2019 constitutes a war crime (as such term is
defined in section 2441(c) of title 18, United States Code).
(3) Whether excessive use of violence by forces of the
Government of Iran against protesters in Iran in November 2019
constitutes an offense described in section 1091(a) of title
18, United States Code.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report that
contains each determination made under subsection (a).
(2) Form.--
(A) In general.--The report required by paragraph
(1) shall be submitted in unclassified form, but may
contain a classified annex if necessary.
(B) Public availability of information.--The
unclassified portion of such report shall be made
available on a publicly available internet website of
the Federal Government.
SEC. 8. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
<all>
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118HR3036 | Increased TSP Access Act of 2023 | [
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"sponsor"
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],... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3036 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3036
To amend the Food Security Act of 1985 to modify the delivery of
technical assistance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Baird (for himself and Ms. Spanberger) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to modify the delivery of
technical 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 ``Increased TSP Access Act of 2023''.
SEC. 2. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Non-federal certifying entity.--The term `non-Federal
certifying entity' means a non-Federal entity or State agency
described in subparagraph (A) or (B), respectively, of
subsection (e)(4).'';
(2) in subsection (b), by striking ``science-based, site-
specific practices designed'' and inserting ``timely, science-
based, and site-specific practice design and implementation
assistance'';
(3) in subsection (d), by inserting ``(including private
sector entities)'' after ``non-Federal entities'';
(4) in subsection (e)--
(A) in paragraph (2), by striking ``Food,
Conservation, and Energy Act of 2008'' and inserting
``Increased TSP Access Act of 2023'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking
``ensure'' and all that follows through
``engineering,'' and inserting ``ensure that
third-party providers with expertise in the
technical aspects of conservation planning,
watershed planning, environmental engineering,
conservation practice design, implementation,
and evaluation, or other technical skills, as
determined by the Secretary,''; and
(ii) in subparagraph (C), by inserting ``by
the Secretary'' after ``established''; and
(C) by striking paragraphs (4) and (5) and
inserting the following:
``(4) Certification.--The Secretary shall certify a third-
party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service;
``(B) a non-Federal entity (other than a State
agency) approved by the Secretary to perform the
certification; or
``(C) a State agency with statutory authority to
certify, administer, or license professionals in one or
more fields of natural resources, agriculture, or
engineering approved by the Secretary to perform the
certification.
``(5) Timely decisions.--Not later than 10 business days
after the date on which the Secretary receives a notification
submitted by a non-Federal certifying entity that the non-
Federal certifying entity has certified a third-party provider,
the Secretary shall--
``(A) review the certification; and
``(B) if the certification is satisfactory to the
Secretary, include the name of the third-party provider
on the registry of certified third-party providers
maintained by the Secretary.
``(6) Non-federal certifying entity process.--
``(A) Establishment.--Not later than 180 days after
the date of enactment of the Increased TSP Access Act
of 2023, the Secretary shall establish a process for
the certification of third-party providers by non-
Federal certifying entities, with the goal of
increasing third-party provider capacity, including the
certification of qualified agricultural retailers,
cooperatives, professional societies, service
providers, and organizations described in section
1265A(3)(B)(i).
``(B) Eligibility of non-federal certifying
entities.--In determining the eligibility of a non-
Federal certifying entity under subparagraph (A), the
Secretary shall consider--
``(i) the ability of the non-Federal
certifying entity to assess qualifications of a
third-party provider and certify third-party
providers at scale;
``(ii) the experience of the non-Federal
certifying entity in working with third-party
providers and eligible participants;
``(iii) the expertise of the non-Federal
certifying entity in the technical and science-
based aspects of conservation delivery
described in paragraph (3)(A);
``(iv) the history of the non-Federal
certifying entity in working with agricultural
producers; and
``(v) such other qualifications as the
Secretary determines to be appropriate.
``(C) Approval.--Not later than 40 business days
after the date on which the Secretary receives an
application submitted by a non-Federal certifying
entity to certify third-party providers under this
section, the Secretary shall make a decision on whether
to approve the non-Federal certifying entity to certify
third-party providers.
``(D) Duties of non-federal certifying entities.--A
non-Federal certifying entity approved by the Secretary
to certify third-party providers shall--
``(i) assess the ability of a third-party
provider to appropriately provide technical
assistance to eligible participants;
``(ii) provide training to ensure that a
third-party provider certified by the non-
Federal certifying entity is qualified to
provide that technical assistance;
``(iii) submit to the Secretary a timely
notice of--
``(I) each third-party provider
certified by the non-Federal certifying
entity, for inclusion on the registry
of certified third-party providers
maintained by the Secretary; and
``(II) each third-party provider
the certification of which is withdrawn
by the non-Federal certifying entity.
``(7) Streamlined certification.--Not later than 180 days
after the date of enactment of the Increased TSP Access Act of
2023, the Secretary shall provide a streamlined certification
process for a third-party provider that has an appropriate
specialty certification, including a certified crop advisor
certified by the American Society of Agronomy, a professional
engineer, or a holder of a technical certification approved by
the Secretary.''; and
(5) in subsection (f)--
(A) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``or a non-Federal
certifying entity'' after ``third-party provider'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Review.--Not later than 1 year after the date of
enactment of the Increased TSP Access Act of 2023, and
additionally thereafter at the discretion of the Secretary, the
Secretary shall--
``(A) review certification requirements for third-
party providers;
``(B) make any adjustments considered necessary by
the Secretary to improve participation and the quality
and effectiveness of conservation practices implemented
and adopted with support from technical service
providers;
``(C) conduct outreach to and receive input from
third-party providers, both that currently participate
in the program under this section and those that no
longer participate in the program, and entities,
organizations, and associations providing or supporting
consultative services to agriculture, livestock, and
forest producers to assess barriers and opportunities
for the use of third-party provider assistance for
improved conservation program delivery; and
``(D) set a target utilization rate for third-party
providers.'';
(C) in paragraph (4)(A)(i), by inserting
``maintenance,'' after ``outreach,''; and
(D) by striking paragraph (5) and inserting the
following:
``(5) Payment amounts.--
``(A) In general.--The Secretary shall establish
fair and reasonable amounts of payments for technical
services provided by third-party providers at rates
equivalent to, but that do not exceed, technical
assistance provided by the Secretary.
``(B) Considerations.--In determining fair and
reasonable payment amounts under subparagraph (A), the
Secretary shall consider specialized equipment,
frequency of site visits, training, travel and
transportation, and such other factors as the Secretary
determines to be appropriate.
``(C) Exclusion.--A payment provided under another
Federal program directly to an eligible participant for
technical assistance provided by a third-party provider
certified under this section shall be--
``(i) excluded from cost-sharing
requirements under the program under which the
payment was provided; and
``(ii) equal to not more than 100 percent
of the fair and reasonable payment amount for
the applicable technical assistance determined
under subparagraph (B).
``(6) Transparency.--Not later than 1 year after the date
of enactment of the Increased TSP Access Act of 2023, the
Secretary shall provide accessible public information on--
``(A) funds obligated to third-party providers
through--
``(i) contracts entered into between
eligible participants and individual third-
party providers; and
``(ii) agreements with public and private
sector entities to secure third-party technical
assistance;
``(B) certification results, including--
``(i) the number of third-party providers
certified by the Secretary;
``(ii) the number of non-Federal certifying
entities approved by the Secretary;
``(iii) the number of third-party providers
certified by non-Federal certifying entities;
and
``(iv) the number of third-party providers
certified based on State agency or professional
association credentialing;
``(C) how third-party providers contribute to the
quality and effectiveness of conservation practices
implemented and adopted, and what improvements are
needed; and
``(D) the target utilization rate set under
paragraph (3)(D) and how actual utilization compares to
that target rate.''.
<all>
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118HR3037 | Closing the Meal Gap Act of 2023 | [
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"L00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3037 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3037
To amend the Food and Nutrition Act of 2008 to require that
supplemental nutrition assistance program benefits be calculated using
the value of the low-cost food plan, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Ms. Adams (for herself, Mrs. Hayes, Ms. Lee of California, Ms.
Velazquez, Ms. Lee of Pennsylvania, Ms. Scanlon, Mr. Khanna, Mr. Evans,
Mr. Auchincloss, Ms. Omar, Ms. Williams of Georgia, Ms. Wilson of
Florida, Ms. Sanchez, Mr. Connolly, Ms. Jacobs, Mr. Garcia of Illinois,
Mr. Takano, Ms. Schakowsky, Mr. Morelle, Ms. Tokuda, Ms. Sewell, Mr.
Kilmer, Mr. Tonko, Mr. Swalwell, Mr. Carbajal, Mr. McGovern, Mr. Smith
of Washington, Mr. Panetta, Ms. DelBene, Mr. DeSaulnier, Ms. Titus, Ms.
Bonamici, Mr. Moskowitz, Ms. Moore of Wisconsin, Mr. Blumenauer, Mrs.
McBath, Ms. Norton, Ms. Strickland, Mr. Payne, Mr. Pocan, Mr. Raskin,
Mr. Moulton, Ms. Barragan, Mr. Kim of New Jersey, Mr. Mfume, Mr.
Ruppersberger, Ms. Chu, Mr. Sarbanes, Ms. Crockett, Mr. Mullin, Mr.
Cardenas, Mr. Boyle of Pennsylvania, Mr. Neguse, Ms. Waters, Ms.
Stevens, Mr. Carson, Mr. Gomez, Mrs. Watson Coleman, Ms. Salinas, Mr.
Carter of Louisiana, Mr. Keating, Mr. Bowman, Ms. Pingree, Ms. Meng,
and Mr. Espaillat) introduced the following bill; which was referred to
the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food and Nutrition Act of 2008 to require that
supplemental nutrition assistance program benefits be calculated using
the value of the low-cost food plan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the Meal Gap Act of 2023''.
SEC. 2. CALCULATION OF PROGRAM BENEFITS USING LOW-COST FOOD PLAN.
(a) Definition of Low-Cost Food Plan.--Section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012) is amended--
(1) by striking subsection (u);
(2) by redesignating subsections (n) through (t) as
subsections (o) through (u), respectively; and
(3) by inserting after subsection (m) the following:
``(n) Low-Cost Food Plan.--
``(1) In general.--The term `low-cost food plan' means the
diet, determined in accordance with the calculations of the
Secretary, required to feed a 4-person family that consists
of--
``(A) a man and a woman who are each between 19 and
50 years of age;
``(B) a child who is between 6 and 8 years of age;
and
``(C) a child who is between 9 and 11 years of age.
``(2) Reevaluation.--By December 31, 2029, and at 5-year
intervals thereafter, the Secretary shall reevaluate and
publish the market baskets of the low-cost food plan, based on
current food prices, food composition data, consumption
patterns, and dietary guidance.
``(3) Cost.--For purposes of paragraph (1), the cost of the
diet described in that paragraph shall be the basis for uniform
allotments for all households regardless of the actual
composition of the household, except that the Secretary shall--
``(A) make household-size adjustments (based on the
unrounded cost of that diet) taking into account
economies of scale;
``(B) make cost adjustments in the low-cost food
plan for the State of Hawaii and the urban and rural
parts of the State of Alaska to reflect the cost of
food in Hawaii and urban and rural Alaska,
respectively; and
``(C) on October 1, 2023, and each October 1
thereafter, adjust the cost of the diet to reflect the
cost of the diet in the immediately preceding June, and
round the result to the nearest lower-dollar increment
for each household size.''.
(b) Value of Allotment.--Section 8(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2017(a)) is amended--
(1) by striking ``thrifty food plan'' each place it appears
and inserting ``low-cost food plan''; and
(2) in the proviso, by striking ``8 percent'' and inserting
``10 percent''.
(c) Quality Control System.--Section 16(c)(1)(A)(ii) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(A)(ii)) is amended--
(1) in subclause (II)--
(A) by striking ``thrifty food plan is adjusted
under section 3(u)(4)'' and inserting ``low-cost food
plan is adjusted under section 3(n)(3)(D)''; and
(B) by striking ``2013'' and inserting ``2023'';
(2) by redesignating subclause (II) as subclause (III); and
(3) by striking subclause (I) and inserting the following:
``(I) for fiscal year 2023, at an
amount not greater than $50;
``(II) for fiscal year 2024, the
amount specified in subclause (I)
adjusted by the difference between the
thrifty food plan (as defined in
section 3 (as in effect on the day
before the date of enactment of the
Closing the Meal Gap Act of 2023)) and
the low-cost food plan; and''.
(d) Conforming Amendments.--
(1) Section 10 of the Food and Nutrition Act of 2008 (7
U.S.C. 2019) is amended, in the first sentence, by striking
``3(o)(4)'' and inserting ``3(p)(4)''.
(2) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended--
(A) in subsection (a)(2), by striking ``3(s)(1)''
and inserting ``3(t)(1)'';
(B) in subsection (d)--
(i) by striking ``3(s)(1)'' each place it
appears and inserting ``3(t)(1)'';
(ii) by striking ``3(s)(2)'' each place it
appears and inserting ``3(t)(2)''; and
(iii) by striking ``Act (25 U.S.C. 450)''
and inserting ``and Education Assistance Act
(25 U.S.C. 3501 et seq.)''; and
(C) in subsection (e)(17), by striking ``3(s)(1)''
and inserting ``3(t)(1)''.
(3) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking
``thrifty food plan has been adjusted under section 3(u)(4)''
and inserting ``low-cost food plan has been adjusted under
section 3(n)(3)(D)''.
(4) Section 27(a)(2) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)(2)) is amended--
(A) in subparagraph (C), by inserting ``(as in
effect on the day before the date of enactment of the
Closing the Meal Gap Act of 2023)'' after ``section
3(u)(4)'';
(B) in subparagraph (D)(ix), by striking ``and'' at
the end;
(C) by redesignating subparagraph (E) as
subparagraph (F);
(D) by inserting after subparagraph (D) the
following:
``(E) for fiscal year 2023, the sum obtained by
adding--
``(i) the dollar amount of commodities
specified in subparagraph (B) adjusted by the
percentage by which the low-cost food plan has
been adjusted under section 3(u)(4) between
June 30, 2021, and June 30 of the immediately
preceding fiscal year; and
``(ii) $35,000,000; and''; and
(E) in subparagraph (F) (as so redesignated), by
striking ``subparagraph (D)(ix) adjusted by the
percentage by which the thrifty food plan has been
adjusted under section 3(u)(4)'' and inserting
``subparagraph (F) adjusted by the percentage by which
the low-cost food plan has been adjusted under section
3(n)(3)(D)''.
(5) Section 408(a)(12)(B)(i) of the Social Security Act (42
U.S.C. 608(a)(12)(B)(i)) is amended by striking ``(r)'' each
place it appears.
SEC. 3. DEDUCTIONS FROM INCOME.
(a) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in the paragraph heading, by striking ``Excess
medical'' and inserting ``Medical'';
(2) in subparagraph (A), by striking ``an excess medical''
and all that follows through the period at the end and
inserting ``a standard medical deduction or a medical expense
deduction of actual costs for the allowable medical expenses
incurred by the elderly or disabled member, exclusive of
special diets.'';
(3) in subparagraph (B)(i), by striking ``excess''; and
(4) by adding at the end the following:
``(D) Standard medical expense deduction amount.--
``(i) In general.--Except as provided in
clause (ii), the standard medical expense
deduction shall be--
``(I) for fiscal year 2023, $140;
and
``(II) for each subsequent fiscal
year, equal to the applicable amount
for the immediately preceding fiscal
year as adjusted to reflect changes for
the 12-month period ending the
preceding June 30 in the Consumer Price
Index for All Urban Consumers: Medical
Care published by the Bureau of Labor
Statistics of the Department of Labor.
``(ii) Exception.--For any fiscal year, a
State agency may establish a greater standard
medical expense deduction than described in
clause (i) if the greater deduction satisfies
cost neutrality standards established by the
Secretary for that fiscal year.''.
(b) Elimination of Cap of Excess Shelter Expenses.--
(1) In general.--Section 5(e)(6) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(e)(6)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(2) Conforming amendment.--Section 2605(f)(2)(A) of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.
8624(f)(2)(A)) is amended by striking ``5(e)(6)(C)(iv)(I) of
that Act (7 U.S.C. 2014(e)(6)(C)(iv)(I))'' and inserting
``5(e)(6)(B)(iv)(I) of that Act (7 U.S.C.
2014(e)(6)(B)(iv)(I))''.
SEC. 4. ELIMINATION OF TIME LIMIT.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended--
(1) by striking subsection (o); and
(2) by redesignating subsections (p) through (s) as
subsections (o) through (r), respectively.
(b) Conforming Amendments.--
(1) Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended, in the second sentence, by striking
``(r)'' and inserting ``(q)''.
(2) Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)) is amended--
(A) in subparagraph (B)(ii)(I)(bb)(DD), by striking
``or subsection (o)''; and
(B) in subparagraph (N), by striking ``or
subsection (o)'' each place it appears.
(3) Section 7(i)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(i)(1)) is amended by striking ``section 6(o)(2)
of this Act or''.
(4) Section 16(h) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(h)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), in the matter
preceding clause (i), by striking ``that--''
and all that follows through the period at the
end of clause (ii) and inserting ``that is
determined and adjusted by the Secretary.'';
(ii) by striking subparagraph (E);
(iii) by redesignating subparagraph (F) as
subparagraph (E); and
(iv) in clause (ii)(III)(ee)(AA) of
subparagraph (E) (as so redesignated), by
striking ``, individuals subject to the
requirements under section 6(o),''; and
(B) in paragraph (5)(C)--
(i) in clause (ii), by adding ``and'' at
the end;
(ii) in clause (iii), by striking ``; and''
and inserting a period; and
(iii) by striking clause (iv).
(5) Section 51(d)(8)(A)(ii) of the Internal Revenue Code of
1986 is amended--
(A) in subclause (I), by striking ``, or'' at the
end and inserting a period;
(B) in the matter preceding subclause (I), by
striking ``family--'' and all that follows through
``receiving'' in subclause (I) and inserting ``family
receiving''; and
(C) by striking subclause (II).
(6) Section 103(a)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113) is amended--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (K)
as subparagraphs (D) through (J), respectively.
(7) Section 121(b)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151) is amended--
(A) by striking clause (iv); and
(B) by redesignating clauses (v) through (vii) as
clauses (iv) through (vi), respectively.
SEC. 5. INCLUSION OF PUERTO RICO IN THE SUPPLEMENTAL NUTRITIONAL
ASSISTANCE PROGRAM.
(a) Definitions.--Section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012) is amended--
(1) in subsection (r), by inserting ``the Commonwealth of
Puerto Rico,'' after ``Guam,''; and
(2) in subsection (u)(3), by inserting ``the Commonwealth
of Puerto Rico,'' after ``Guam,''.
(b) Eligible Households.--Section 5 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014) is amended--
(1) in subsection (b), in the first sentence, by inserting
``the Commonwealth of Puerto Rico,'' after ``Guam,'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and Guam,'' and
inserting ``Guam, and the Commonwealth of Puerto
Rico,''; and
(B) in the undesignated matter at the end, by
striking ``States or Guam'' and inserting ``States,
Guam, or the Commonwealth of Puerto Rico''; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``the
Commonwealth of Puerto Rico,'' after ``Hawaii,'' each
place it appears; and
(B) in paragraph (6)(B), in the matter preceding
clause (i), by inserting ``the Commonwealth of Puerto
Rico,'' after ``Guam,''.
(c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall be effective with respect to the Commonwealth of
Puerto Rico on the date described in paragraph (2) if the
Secretary of Agriculture submits to Congress a certification
under subsection (f)(2)(C) of section 19 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028).
(2) Date described.--The date referred to in paragraph (1)
is the date established by the Commonwealth of Puerto Rico in
the applicable plan of operation submitted to the Secretary of
Agriculture under subsection (f)(1) of section 19 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2028).
(d) Transition of Puerto Rico to Supplemental Nutrition Assistance
Program.--Section 19 of the Food and Nutrition Act of 2008 (7 U.S.C.
2028) is amended by adding at the end the following:
``(f) Transition of Puerto Rico to Supplemental Nutrition
Assistance Program.--
``(1) Request for participation.--The Commonwealth of
Puerto Rico may submit to the Secretary a request to
participate in the supplemental nutrition assistance program,
which shall include a plan of operation described in section
11(d), which shall include the date on which the Commonwealth
of Puerto Rico intends to begin participation in the program.
``(2) Certification by secretary.--
``(A) In general.--On submission of a request by
the Commonwealth of Puerto Rico under paragraph (1),
the Secretary shall certify the Commonwealth of Puerto
Rico as qualified to participate in the supplemental
nutrition assistance program if the Secretary--
``(i) approves the plan of operation
submitted with the request, in accordance with
this subsection; and
``(ii) approves the applications described
in paragraph (4) in accordance with that
paragraph.
``(B) Certification decision.--The Secretary shall
certify or not certify the request of the Commonwealth
of Puerto Rico under paragraph (1) not later than 90
days after the date on which the Secretary receives the
request.
``(C) Submission of certification to congress.--The
Secretary shall submit a certification under
subparagraph (A) to Congress.
``(3) Determination of plan of operation.--
``(A) Approval.--The Secretary shall approve a plan
of operation submitted with a request under paragraph
(1) if the plan satisfies the requirements under this
Act.
``(B) Disapproval.--If the Secretary does not
approve a plan of operation submitted with a request
under paragraph (1), the Secretary shall provide a
statement that describes each requirement under this
Act that is not satisfied by the plan.
``(4) Approval of retail food stores.--If the Secretary
approves a plan of operation under paragraph (3)(A) for the
Commonwealth of Puerto Rico, the Secretary shall accept
applications from retail food stores located in the
Commonwealth of Puerto Rico to be authorized under section 9 to
participate in the supplemental nutrition assistance program.
``(5) Family market program.--Notwithstanding subsection
(g), the Secretary shall allow the Commonwealth of Puerto Rico
to continue to carry out under the supplemental nutrition
assistance program the Family Market Program established
pursuant to this section.
``(6) Temporary funding.--If the Commonwealth of Puerto
Rico has a request under paragraph (1) pending before the
Secretary (including a plan of operation pending under
paragraph (3)), the Commonwealth of Puerto Rico shall receive
block grants under this section, in amounts determined by the
Secretary, until the date on which the Secretary certifies the
Commonwealth of Puerto Rico under paragraph (2)(B).
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection for fiscal year 2023, to
remain available until expended.
``(g) Technical Infrastructure Implementation.--
``(1) In general.--The Commonwealth of Puerto Rico may
request from the Secretary a 1-time grant to pay for the cost
of the technology infrastructure necessary to implement the
supplemental nutrition assistance program, including the cost
of information technology, information technology personnel,
and training relating to program implementation.
``(2) Application.--In making a request under paragraph
(1), the Commonwealth of Puerto Rico shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including--
``(A) a description of the costs to be paid for by
the grant; and
``(B) a plan for implementing the technology
infrastructure described in paragraph (1)--
``(i) within 1 year of receiving the grant;
and
``(ii) that is reasonably cost efficient,
as determined by the Secretary.
``(3) Determination.--
``(A) Time limit.--The Secretary shall approve or
deny an application submitted under paragraph (2) not
later than 90 days after the date on which the
application is submitted.
``(B) Denial.--If the Secretary denies an
application submitted under paragraph (2), the
Commonwealth of Puerto Rico may amend the plan
described in subparagraph (B) of that paragraph, in
coordination with the Secretary, to resubmit to the
Secretary for approval.
``(4) Funding.--
``(A) In general.--There is appropriated to the
Secretary, out of funds in the Treasury not otherwise
appropriated, $112,500,000 to carry out this
subsection, to remain available until 3 years after the
date of enactment of this subsection.
``(B) Reversion of funds.--Any funds appropriated
to the Secretary under subparagraph (A) that remain
available by the date described in that subparagraph
shall revert to the Treasury.
``(h) Termination of Effectiveness.--
``(1) In general.--Subsections (a) through (e) shall cease
to be effective with respect to the Commonwealth of Puerto Rico
on the date described in paragraph (2) if the Secretary submits
to Congress a certification under subsection (f)(2)(C) for the
Commonwealth of Puerto Rico.
``(2) Date described.--The date referred to in paragraph
(1) is the date established by the Commonwealth of Puerto Rico
in the applicable plan of operation submitted to the Secretary
under subsection (f)(1).''.
<all>
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118HR3038 | Ending Forced Arbitration of Race Discrimination Act of 2023 | [
[
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"Rep. Allred, Colin Z. [D-TX-32]",
"sponsor"
],
[
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[
"J000032",
"Rep. Jackson Lee, Sheila [D-TX-18... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3038 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3038
To amend title 9, United States Code, with respect to arbitration of
disputes involving race discrimination.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Allred (for himself and Mr. Johnson of Georgia) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 9, United States Code, with respect to arbitration of
disputes involving race discrimination.
Be it enacted by the Senate 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 Forced Arbitration of Race
Discrimination Act of 2023''.
SEC. 2. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING RACE
DISCRIMINATION.
(a) In General.--Title 9, United States Code, is amended by adding
at the end the following:
``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING RACE DISCRIMINATION
``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
``In this chapter:
``(1) Predispute arbitration agreement; predispute joint-
action waiver.--The terms `predispute arbitration agreement'
and `predispute joint-action waiver' have the meanings given
the terms in section 401.
``(2) Race discrimination dispute.--The term `race
discrimination dispute' means a dispute relating to conduct
that is alleged to constitute discrimination (including
harassment), or retaliation, on the basis of race, color, or
national origin under applicable Federal, Tribal, State, or
local law.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of this
title, at the election of the person alleging conduct constituting a
race discrimination dispute, or the named representative of a class or
in a collective action alleging such conduct, no predispute arbitration
agreement or predispute joint-action waiver shall be valid or
enforceable with respect to a case which is filed under Federal,
Tribal, State, or local law and relates to the race discrimination
dispute.
``(b) Determination of Applicability.--An issue as to whether this
chapter applies with respect to a dispute shall be determined under
Federal law. The applicability of this chapter to an agreement to
arbitrate and the validity and enforceability of an agreement to which
this chapter applies shall be determined by a court, rather than an
arbitrator, irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in conjunction
with other terms of the contract containing such agreement, and
irrespective of whether the agreement purports to delegate such
determinations to an arbitrator.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9, United States Code is amended--
(A) in section 2, by inserting ``or 5'' before the
period at the end;
(B) in section 208, in the second sentence, by
inserting ``or 5'' before the period at the end; and
(C) in section 307, in the second sentence, by
inserting ``or 5'' before the period at the end.
(2) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``5. Arbitration of disputes involving race discrimination. 501.''.
SEC. 3. APPLICABILITY.
This Act, and the amendments made by this Act, shall apply with
respect to any dispute or claim that arises or accrues on or after the
date of enactment of this Act.
<all>
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118HR3039 | DRIVE Act | [
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"B001317",
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"sponsor"
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[
"B00131... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3039 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3039
To prohibit the Administrator of the Federal Motor Carrier Safety
Administration from issuing a rule or regulation requiring certain
vehicles to be equipped with speed limiting devices, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Brecheen (for himself, Mr. Sessions, Mrs. Boebert, Mr. Perry, Mr.
Burlison, and Mr. Moolenaar) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To prohibit the Administrator of the Federal Motor Carrier Safety
Administration from issuing a rule or regulation requiring certain
vehicles to be equipped with speed limiting devices, 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 ``Deregulating Restrictions on
Interstate Vehicles and Eighteen-wheelers Act'' or the ``DRIVE Act''.
SEC. 2. PROHIBITION ON REQUIRING SPEED LIMITING DEVICES.
Notwithstanding any other provision of law, the Administrator of
the Federal Motor Carrier Safety Administration may not issue any rule
or regulation to require vehicles with a gross vehicle weight of more
than 26,000 pounds operating in interstate commerce to be equipped with
a speed limiting device set to a maximum speed.
<all>
</pre></body></html>
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118HR304 | SERVE Our Communities Act | [
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... | <p><strong>Stop Enabling Repeat Violence and Endangering Our Communities Act or the SERVE Our Communities Act</strong></p> <p>This bill authorizes the Bureau of Justice Assistance to make grants to states and local governments for mentoring, transitional services, and training to help offenders successfully reintegrate back into the community after incarceration. To be eligible for a grant, a state or local government must take steps to prevent repeat offenses by violent offenders and allow a state court or magistrate to consider the danger an individual poses to the community when determining bail or pretrial release conditions. <br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 304 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 304
To authorize grants for States, and units of local government that take
efforts to stop enabling repeat violence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Stefanik (for herself, Mr. LaLota, Mr. Garbarino, Ms. Tenney, Ms.
Malliotakis, Mr. Molinaro, Mr. Williams of New York, Mr. D'Esposito,
Mr. Langworthy, Mr. Lawler, and Mr. Santos) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize grants for States, and units of local government that take
efforts to stop enabling repeat violence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Enabling Repeat Violence and
Endangering Our Communities Act'' or the ``SERVE Our Communities Act''.
SEC. 2. SERVE OUR COMMUNITIES GRANT PROGRAM.
(a) Authorization.--The Attorney General, acting through the
Director of the Bureau of Justice Assistance, is authorized to make
grants to eligible States and units of local government for the
purposes described in subsection (c).
(b) Eligibility.--In order to be eligible for a grant under this
section, a State or unit of local government--
(1) shall allow a State court or magistrate to consider the
danger an individual poses to the community when determining
bail or pretrial release conditions; and
(2) shall have taken steps during the previous calendar
year to prevent repeat offenses by violent offenders,
including--
(A) enacting a law that allows a State court or
magistrate to consider the danger an individual poses
to the community when determining bail or pretrial
release conditions;
(B) expanding efforts of that jurisdiction to hire
and retain law enforcement officers and prosecutorial
staff; or
(C) administering a public education program to
combat anti-police sentiment and improve community-
police relations.
(c) Use of Funds.--A State or unit of local government that
receives a grant under this section may use such funds for the purposes
described in section 211(b) of the Second Chance Act of 2007 (34 U.S.C.
60531(b)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2024 through 2029 to
carry out this section.
(e) Definitions.--In this section, the terms ``State'' and ``unit
of local government'' have the meanings given such terms in section 901
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10251).
<all>
</pre></body></html>
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"Drug, alcohol, tobacco use",
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118HR3040 | Every Veteran Counts Act of 2023 | [
[
"B001285",
"Rep. Brownley, Julia [D-CA-26]",
"sponsor"
]
] | <p><strong>Every Veteran Counts Act of 2023</strong></p> <p>This bill requires the Department of Veterans Affairs (VA) to establish and maintain a database of specified demographics (e.g., age) of veterans. The data must be in a machine-readable format and anonymized to protect sensitive personal information.</p> <p>The VA must provide access to the database on a publicly accessible website that is updated at least once a year.</p> <p>Additionally, the VA must report on the progress, challenges, performance, and opportunities of implementing its data strategy. The report must be made available on the VA's open data website in a machine-readable format.<br> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3040 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3040
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to maintain demographic information regarding veterans
and publish such information on a website of the Department of Veterans
Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Ms. Brownley introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to maintain demographic information regarding veterans
and publish such information on a website of the Department of Veterans
Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Every Veteran Counts Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Veterans Affairs is responsible for
providing a variety of benefits and services to more than
19,000,000 living veterans.
(2) Pursuant to section 527 of title 38, United States
Code, the Secretary of Veterans Affairs has conducted the
National Survey of Veterans to assess the needs and sentiments
of a statistically valid sample of all veterans.
(3) The Secretary has conducted this National Survey of
Veterans in the late 1970s, 1987, 1993, 2001, and 2010.
(4) The last survey conducted in 2010 included veterans and
other beneficiary groups, such as members of the Armed Forces
serving on active duty, members of the reserve components of
the Armed Forces, military spouses, and surviving spouses of
such veterans and members.
(5) The 2010 survey included information on demographics,
awareness and utilization of benefits, health status, military
service, and employment.
(6) These surveys provide valuable information on the
veteran population to the Secretary, Congress, Federal, State,
and local governments, academic institutions, and various non-
governmental organizations that serve veterans.
(7) This information is used to inform policymaking efforts
and to ensure the needs of the ever-changing veteran population
are met.
(8) However, since 2010, the statutory framework for data
collection has substantially evolved, notably with the
Foundations for Evidence-Based Policymaking Act (Public Law
115-435), the Data Act (Public Law 113-139), and the Geospatial
Data Act (subtitle F of title VII of Public Law 115-254), known
collectively as the ``Evidence Act'', building on previously
enacted laws.
(9) Further, the Department, through the National Center
for Veterans Analysis and Statistics, has leveraged the vast
amount of data generated within the Department and collected by
other Federal partners to improve population-based descriptive,
statistical, and predictive analytic products to support the
Secretary and in evidence-based policymaking, facilitate
innovative and collaborative research, and empower modern
business intelligence applications.
(10) The Department has been a consistent leader in the
Federal Open Data program and offers a platform for scaling
access to useful data and insight to external stakeholders.
(11) Notwithstanding these recent advances, opportunities
exist to strengthen the capability of the Department to develop
and disseminate actionable insights into the veteran population
through--
(A) developing enterprise-focused management and
improvements in the quality of administrative data
collected by the Department through its delivery of
benefits and services;
(B) increased access to data collected by other
Federal entities through more flexible and efficient
information sharing policies;
(C) increased use of publicly available and
commercially generated data; and
(D) maturing data management of the Department.
(12) In line with the Evidence Act, it is incumbent upon
the Secretary to regularly engage with key stakeholders,
including Congress, veterans service organizations, advocacy
groups, and open government groups to--
(A) enhance the open data program of the
Department; and
(B) improve development and dissemination of
relevant data assets and analytic products to provide
more current, accurate, and useful insights on veterans
and their families.
(13) It is necessary for the Department to collect,
collate, and analyze all available data on veteran
demographics, and to share this data with Congress and other
stakeholders on an ongoing basis, in an easily digestible
format, to direct outreach and align policy with the needs of
the changing veteran population.
SEC. 3. DEMOGRAPHIC DATA OF VETERANS: COLLECTION; RETENTION;
PUBLICATION.
(a) In General.--Subchapter II of chapter 5 of title 38, United
States Code, is amended by inserting after section 527, the following
new section:
``Sec. 528. Demographic data of veterans: collection; retention;
publication.
``(a) Database.--(1) The Secretary shall collect demographic data
of veterans (from any source of such data available to the Secretary,
including the National Center for Veterans Analysis and Statistics of
the Department, the Bureau of the Census, and the Social Security
Administration) and maintain a database of such data.
``(2) Data collected and maintained under paragraph (1) shall
include the following:
``(A) Sex.
``(B) Gender identity, disaggregated by--
``(i) male;
``(ii) female;
``(iii) cisgender;
``(iv) transgender;
``(v) gender diverse;
``(vi) nonbinary; and
``(vii) combinations of clauses (i) through (vi).
``(C) Age.
``(D) Educational level.
``(E) Race and ethnicity, disaggregated by--
``(i) membership in an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); and
``(ii) the same major race groups as the decennial
censuses.
``(F) Sexual orientation, disaggregated by--
``(i) heterosexual;
``(ii) lesbian;
``(iii) gay;
``(iv) bisexual; and
``(v) queer.
``(G) Household makeup, including marital status and number
of dependents.
``(H) Gross income and sources of income.
``(I) Housing status, disaggregated by--
``(i) renter;
``(ii) homeowner; or
``(iii) residing in a home owned or rented by
another person.
``(J) Employment status, disaggregated by--
``(i) employed;
``(ii) seeking employment; and
``(iii) self-employed.
``(K) History of service in the Armed Forces, disaggregated
by--
``(i) Armed Force;
``(ii) regular or reserve component;
``(iii) service in a combat theater of operations
or war zone;
``(iv) service during a period of war;
``(v) whether a veteran is a former prisoner of
war;
``(vi) whether the veteran was exposed to dead,
dying, or wounded people during active military, naval,
air, or space service;
``(vii) whether the veteran was exposed to
environmental hazards during active military, naval,
air, or space service; and
``(viii) whether the veteran experienced military
sexual trauma (as that term is defined in section 1166
of this title).
``(L) Whether the veteran is enrolled in the patient
enrollment system under section 1705 of this title.
``(M) Whether the veteran has received a disability rating
from under section 1155 of this title.
``(N) Location of the veteran's residence, disaggregated
by--
``(i) rural or urban setting;
``(ii) distance to a facility of the Department;
and
``(iii) whether the veteran has access to broadband
service.
``(O) Any other information the Secretary determines
appropriate.
``(b) Data Retention Standards.--Demographic data in the database
under subsection (a) shall be--
``(1) anonymized to prevent the release of sensitive
personal information (as that term is defined in section 5727
of this title); and
``(2) machine readable.
``(c) Website.--The Secretary shall maintain a publicly accessible
website of the Department that provides access to the database under
subsection (a). The Secretary shall update such website not less
frequently than once each year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting, after the item relating to
section 527, the following new item:
``528. Demographic data of veterans: collection; retention;
publication.''.
(c) Implementation Date.--The Secretary of Veterans Affairs shall
carry out section 528 of such title, as added by this section, not
later than 180 days after the date of the enactment of this Act.
SEC. 4. REPORT ON DATA STRATEGY OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report describing the progress, challenges, performance,
and opportunities of implementing the data strategy of the Department
of Veterans Affairs.
(b) Elements.--The report under this section shall include the
following:
(1) Qualitative and quantitative progress towards
strengthening data management of the Department, including
business and mission impact enabled by management of data as a
strategic asset.
(2) Recommendations of the Secretary regarding legislation
that may accelerate data management maturity of the Department.
(3) Progress and results in cataloging and inventorying
data assets of the Department and using such assets to
support--
(A) internal evidence-based policymaking; and
(B) ethical and appropriate dissemination of
statistical aggregates, data-driven analysis, and open
data.
(4) Progress in implementing requirements under chapter 35
of title 44, United States Code (commonly known as the
``Paperwork Reduction Act''), and related data quality efforts
to support strategic management of data collected by the
Department.
(5) Efforts to move towards a rules-based, transparent,
Department-wide approach to management, integration, and
sharing of, and access to, data.
(6) Recommendations of the Secretary regarding adjustments
to data requirements of the Department.
(7) Information sharing agreements and outstanding
requirements with other Federal entities, including gaps best
addressed by the addition of survey questions to an existing
Federal survey instrument.
(8) Progress on recently enacted public laws, Executive
orders, Presidential memoranda, and outstanding recommendations
of the Comptroller General of the United States or an inspector
general as it pertains to veteran population-based data
collection, quality, integration, sharing, interoperability,
and analytics within the scope of improving and ensuring equity
in services to veterans, their families, and other
beneficiaries.
(9) A discussion of current risk assessments regarding data
breaches and information security (as those terms are defined
in section 5727 of title 38, United States Code) of the
Department.
(10) Priority data requirements of the Department,
identified through consultation with the following entities:
(A) The Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives.
(B) The Congressional Budget Office.
(C) Veterans service organizations.
(D) The Advisory Committee on Minority Veterans of
the Department.
(E) The Advisory Committee on Women Veterans of the
Department.
(F) The Advisory Committee on Homeless Veterans of
the Department.
(c) Publication.--Not later than 30 days after submitting the
report under this section, the Secretary shall publish such report on
the open data website of the Department, with all metrics and data
included in a machine readable format.
<all>
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118HR3041 | Secure Americans from Financial Exploitation (SAFE) Act | [
[
"C000059",
"Rep. Calvert, Ken [R-CA-41]",
"sponsor"
],
[
"I000056",
"Rep. Issa, Darrell E. [R-CA-48]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3041 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3041
To cancel certain proposed changes to credit fees charged by the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Calvert introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To cancel certain proposed changes to credit fees charged by the
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation, 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 ``Secure Americans from Financial
Exploitation (SAFE) Act''.
SEC. 2. CANCELLATION OF CHANGES.
The Federal Housing Finance Agency and the enterprises (as such
term is 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 housing mortgage credit fee
pricing framework of the enterprises announced by the Federal Housing
Finance Agency on January 19, 2023 (``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 such
changes, Lender Letter, and Bulletin shall have no force or effect.
<all>
</pre></body></html>
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118HR3042 | Millennium Challenge Corporation Candidate Country Reform Act | [
[
"C001091",
"Rep. Castro, Joaquin [D-TX-20]",
"sponsor"
],
[
"K000397",
"Rep. Kim, Young [R-CA-40]",
"cosponsor"
],
[
"M001137",
"Rep. Meeks, Gregory W. [D-NY-5]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3042 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3042
To modify the requirements for candidate countries under the Millennium
Challenge Act of 2003, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Castro of Texas (for himself, Mrs. Kim of California, and Mr.
Meeks) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To modify the requirements for candidate countries under the Millennium
Challenge Act of 2003, 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 ``Millennium Challenge Corporation
Candidate Country Reform Act''.
SEC. 2. MODIFICATIONS OF REQUIREMENTS TO BECOME A CANDIDATE COUNTRY.
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C.
7705) is amended to read as follows:
``SEC. 606. CANDIDATE COUNTRIES.
``(a) In General.--A country shall be a candidate country for
purposes of eligibility to receive assistance under section 605 if--
``(1) the per capita income of the country in a fiscal year
is equal to or less than the World Bank threshold for
initiating the International Bank for Reconstruction and
Development graduation process for the fiscal year; and
``(2) subject to subsection (b), the country is not
ineligible to receive United States economic assistance under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) by reason of the application of any provision of the
Foreign Assistance Act of 1961 or any other provision of law.
``(b) Rule of Construction.--For the purposes of determining
whether a country is eligible, pursuant to subsection (a)(2), to
receive assistance under section 605, the exercise by the President,
the Secretary of State, or any other officer or employee of the United
States Government of any waiver or suspension of any provision of law
referred to in subsection (a)(2), and notification to the appropriate
congressional committees in accordance with such provision of law,
shall be construed as satisfying the requirements under subsection (a).
``(c) Determination by the Board.--The Board shall determine
whether a country is a candidate country for purposes of this
section.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Amendment To Report Identifying Candidate Countries.--Section
608(a)(1) of the Millennium Challenge Act of 2003 (22 U.S.C.
7707(a)(1)) is amended by striking ``section 606(a)(1)(B)'' and
inserting ``section 606(a)(2)''.
(b) Amendment to Millennium Challenge Compact Authority.--Section
609(b)(2) of such Act (22 U.S.C. 7708(b)(2)) is amended--
(1) by amending the paragraph heading to read as follows:
``Country contributions''; and
(2) by striking ``with respect to a lower middle income
country described in section 606(b),''.
(c) Amendment to Authorization To Provide Assistance for Candidate
Countries.--Section 616(b)(1) of such Act (22 U.S.C. 7715(b)(1)) is
amended by striking ``subsection (a) or (b) of section 606'' and
inserting ``section 606(a)''.
SEC. 4. MODIFICATION TO FACTORS IN DETERMINING ELIGIBILITY.
Section 607(c)(2) of the Millennium Challenge Act of 2003 (22
U.S.C. 7706(c)(2)) is amended in the matter preceding subparagraph (A)
by striking ``consider'' and inserting ``prioritize need and impact by
considering''.
<all>
</pre></body></html>
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118HR3043 | Citizenship for Essential Workers Act | [
[
"C001091",
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"sponsor"
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[
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[
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"Rep. Barragan, Nanette Diaz [D-CA-44]",
"cosponsor"
]... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3043 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3043
To amend the Immigration and Nationality Act to provide for the
adjustment of status of essential workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Castro of Texas (for himself, Mr. Lieu, Mr. Garcia of Illinois, Ms.
Barragan, Mr. Torres of New York, Mr. Vargas, Mr. Gomez, Mr. Espaillat,
Ms. Norton, Mr. Grijalva, Ms. Jackson Lee, Ms. Escobar, Ms. Garcia of
Texas, Mr. Johnson of Georgia, Mr. Khanna, Mr. McGovern, Ms. Jayapal,
and Mr. Soto) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
adjustment of status of essential workers, 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 ``Citizenship for Essential Workers
Act''.
SEC. 2. ADJUSTMENT OF STATUS OF ESSENTIAL WORKERS.
(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 245A, the following:
``SEC. 245B. ADJUSTMENT OF STATUS FOR ESSENTIAL WORKERS.
``(a) Adjustment of Status for Essential Workers.--Notwithstanding
any other provision of law, the Secretary of Homeland Security
(referred to in this section as the `Secretary') or the Attorney
General shall adjust to the status of an alien lawfully admitted for
permanent residence--
``(1) an alien who--
``(A) satisfies the eligibility requirements set
forth in subsection (b); and
``(B) submits an application and satisfies the
criminal and national security background checks and
payment of applicable fees pursuant to the procedures
set forth in subsection (d); and
``(2) the parents, spouse, sons, and daughters of such
alien.
``(b) Eligibility.--An alien applying for status under subsection
(a) shall satisfy the following requirements:
``(1) Aliens working in certain sectors, industries, and
occupations.--Except as provided in paragraph (2), the alien
shall have, at any point during the period described in
subsection (i), earned income for work in any of the following
private, public, or nonprofit sectors, industries, or
occupations:
``(A) Health care.
``(B) Emergency response.
``(C) Sanitation.
``(D) Restaurant ownership, food preparation,
vending, catering, food packaging, food services, or
delivery.
``(E) Hotel or retail.
``(F) Fish, poultry, and meat processing work.
``(G) Agricultural work, including labor that is
seasonal in nature.
``(H) Commercial or residential landscaping.
``(I) Commercial or residential construction or
renovation.
``(J) Housing, residential, and commercial
construction related activities or public works
construction.
``(K) Domestic work in private households,
including child care, home care, or house cleaning.
``(L) Natural disaster recovery, disaster
reconstruction, and related construction.
``(M) Home and community-based work, including--
``(i) home health care;
``(ii) residential care;
``(iii) assistance with activities of daily
living;
``(iv) any service provided by direct care
workers (as defined in section 799B of the
Public Health Service Act (42 U.S.C. 295p)),
personal care aides, job coaches, or supported
employment providers; and
``(v) any other provision of care to
individuals in their homes by direct service
providers, personal care attendants, and home
health aides.
``(N) Family care, including child care services,
in-home child care services such as nanny services, and
care services provided by family members to other
family members.
``(O) Manufacturing.
``(P) Warehousing.
``(Q) Transportation or logistics.
``(R) Janitorial.
``(S) Laundromat and dry-cleaning operators.
``(T) Any other work performed by `essential
critical infrastructure workers', as described in the
memorandum of the Department of Homeland Security
entitled `Advisory Memorandum on Ensuring Essential
Critical Infrastructure Workers Ability to Work During
the COVID-19 Response', which was originally issued by
the Director of the Cybersecurity and Infrastructure
Security Agency on March 19, 2020, and last updated on
August 10, 2021.
``(U) Any other work that a State or local
government considers to be essential during the
emergency referred to in subsection (i).
``(2) Certain other eligible aliens.--An alien not
described in paragraph (1)--
``(A) shall--
``(i)(I) have earned income in any sector,
industry, or occupation described in that
paragraph on any date during the period
described in subsection (i) but was unable to
continue that work through no fault of the
alien, including because the working conditions
posed a high degree of risk to the alien's
health and safety; and
``(II) have been seeking to resume work in
any such sector, industry, or occupation;
``(B) is the surviving parent, spouse, son, or
daughter of an alien who--
``(i) performed any service or labor for
remuneration in any sector, industry, or
occupation described in that paragraph on any
date during the period described in subsection
(i); and
``(ii) died due to COVID-19; or
``(C) is the parent, spouse, son, or daughter of a
member of the Armed Forces, including the National
Guard.
``(3) Physical presence.--
``(A) Date of submittal of application.--The alien
shall be physically present in the United States on the
date on which the application is submitted.
``(B) Continuous physical presence.--
``(i) In general.--Except as provided in
clause (ii), the alien shall have been
continuously physically present in the United
States beginning on January 1, 2023, and ending
on the date on which the application is
approved.
``(ii) Exceptions.--
``(I) Authorized absence.--An alien
who departed temporarily from the
United States shall not be considered
to have failed to maintain continuous
physical presence in the United States
during any period of travel that was
authorized by the Secretary.
``(II) Brief, casual, and innocent
absences.--
``(aa) In general.--An
alien who departed temporarily
from the United States shall
not be considered to have
failed to maintain continuous
physical presence in the United
States if the alien's absences
from the United States are
brief, casual, and innocent,
whether or not such absences
were authorized by the
Secretary.
``(bb) Absences more than
180 days.--For purposes of this
clause, an absence of more than
180 days, in the aggregate,
during a calendar year shall
not be considered brief, unless
the Secretary finds that the
length of the absence was due
to circumstances beyond the
alien's control, including the
serious illness of the alien,
death or serious illness of a
spouse, parent, grandparent,
grandchild, sibling, son, or
daughter of the alien, or due
to international travel
restrictions.
``(iii) Effect of notice to appear.--
Issuance of a notice to appear under section
239(a) shall not be considered to interrupt the
continuity of an alien's continuous physical
presence in the United States.
``(c) Grounds for Ineligibility.--
``(1) Certain grounds of inadmissibility.--
``(A) In general.--Subject to subparagraph (B), an
alien shall be ineligible for status under this section
if the alien--
``(i) is inadmissible under paragraph (2),
(3), (6)(E), (8), (10)(C), or (10)(E) of
section 212(a);
``(ii) has been convicted of a felony
offense (excluding any offense under State law
for which an essential element in the alien's
immigration status); or
``(iii) has been convicted of 3 or more
misdemeanor offenses (excluding simple
possession of cannabis or cannabis-related
paraphernalia, any offense involving cannabis
or cannabis-related paraphernalia that is no
longer prosecutable in the State in which the
conviction was entered, any offense under State
law for which an essential element is the
alien's immigration status, any offense
involving civil disobedience without violence,
and any minor traffic offense) not occurring on
the same date, and not arising out of the same
act, omission, or scheme of misconduct.
``(B) Waivers.--
``(i) In general.--For purposes of
subparagraph (A), the Secretary may, for
humanitarian purposes, family unity, or if
otherwise in the public interest--
``(I) waive inadmissibility under--
``(aa) subparagraphs (A),
(C), and (D) of section
212(a)(2); and
``(bb) paragraphs (6)(E),
(8), (10)(C), and (10)(E) of
such section;
``(II) waive ineligibility under
subparagraph (A)(ii) (excluding
offenses described in section
101(a)(43)(A)) or inadmissibility under
subparagraph (B) of section 212(a)(2)
if the alien has not been convicted of
any offense during the 10-year period
preceding the date on which the alien
applies for status under this section;
and
``(III) for purposes of
subparagraph (A)(iii), waive
consideration of--
``(aa) 1 misdemeanor
offense if, during the 5-year
period preceding the date on
which the alien applies for
status under this section the
alien has not been convicted of
any offense; or
``(bb) 2 misdemeanor
offenses if, during the 10-year
period preceding such date, the
alien has not been convicted of
any offense.
``(ii) Considerations.--In making a
determination under subparagraph (B), the
Secretary of Homeland Security or the Attorney
General shall consider all mitigating and
aggravating factors, including--
``(I) the severity of the
underlying circumstances, conduct, or
violation;
``(II) the duration of the alien's
residence in the United States;
``(III) evidence of rehabilitation,
if applicable; and
``(IV) the extent to which the
alien's removal, or the denial of the
alien's application, would adversely
affect the alien or the alien's United
States citizen or lawful permanent
resident family members.
``(2) Aliens in certain immigration statuses.--An alien
shall be ineligible for adjustment of status under this section
if, on January 1, 2023, the alien was any of the following:
``(A) An alien lawfully admitted for permanent
residence.
``(B) An alien admitted as a refugee under section
207 or granted asylum under section 208.
``(C) An alien who, according to the records of the
Secretary or the Secretary of State, was in a period of
authorized stay in a nonimmigrant status described in
section 101(a)(15), other than--
``(i) the spouse, son, or daughter of an
alien who is eligible for status under this
section;
``(ii) an alien who is considered to be in
a nonimmigrant status solely by reason of
section 702 of the Consolidated Natural
Resources Act of 2008 (Public Law 110-229; 122
Stat. 854) or section 244(f)(4) of this Act;
``(iii) a nonimmigrant described in section
101(a)(15)(H)(ii); and
``(iv) a nonimmigrant who is described in
subsection (b).
``(D) An alien paroled into the Commonwealth of the
Northern Mariana Islands or Guam who did not reside in
the Commonwealth or Guam on November 28, 2009.
``(3) Certain aliens outside the united states and unlawful
reentrants.--An alien shall be ineligible for adjustment of
status under this section if the alien--
``(A) departed the United States while subject to
an order of exclusion, deportation, removal, or
voluntary departure; and
``(B)(i) was outside the United States on January
1, 2023; or
``(ii) reentered the United States unlawfully after
January 1, 2023.
``(d) Application.--
``(1) Fee.--
``(A) In general.--The Secretary shall, subject to
an exemption under subparagraph (B), require an alien
applying for adjustment of status under this section to
pay a reasonable fee commensurate with the cost of
processing the application.
``(B) Exemptions.--An applicant may, in the
discretion of the Secretary, be exempted from paying an
application fee required under this paragraph if the
applicant--
``(i) received total income, during the 1-
year period immediately preceding the date on
which the applicant files an application under
this section, that is less than 250 percent of
the Federal poverty line;
``(ii) is younger than 21 years of age;
``(iii) is in foster care or is a juvenile
who lacks any parental or other familial
support; or
``(iv) cannot care for himself or herself
because of a serious disability.
``(C) Installments.--The Secretary may allow
applicants to pay the fee under this paragraph in
installments.
``(2) Background checks.--The Secretary may not grant an
alien permanent resident status under this section until a
background check has been completed.
``(3) Withdrawal of application.--
``(A) In general.--On receipt of a request to
withdraw an application under this section, the
Secretary shall cease processing of the application and
close the case.
``(B) Effect of withdrawal.--Withdrawal of such an
application shall not prejudice any future application
filed by the applicant for any immigration benefit
under this Act.
``(e) Employer Requirements.--
``(1) In general.--On request, an employer, the agent of an
employer, or any person who provides compensation directly or
indirectly to a worker for labor or service, shall provide a
worker with documents that will assist the worker's filing of
an application under subsection (d).
``(2) Effect of delay or noncompliance.--With respect to a
request described in paragraph (1), delay or noncompliance on
the part of an employer, the agent of an employer, or the
person who provides compensation directly or indirectly shall
result in an escalating fine that accrues for the duration of
the delay or noncompliance.
``(f) Employer Protections.--No part of an alien's application or
request for documents under subsection (e) shall be used as evidence
regarding an employer's or any other person's hiring, employment, or
continued employment of an alien described in subsection (b) for
purposes of demonstrating a violation of section 274A(a) of the
Immigration and Nationality Act (8 U.S.C. 1324a(a)) so long as the
employer or other person has complied with such subsection (e).
``(g) Worker Protections.--
``(1) In general.--An employer, the agent of an employer,
or any person who provides compensation directly or indirectly
to a worker for labor or service shall not take an adverse
action against a worker based on a request made by the worker
in good faith for documents or information to support an
application for adjustment of status under this section.
``(2) Presumption.--
``(A) In general.--If any person or entity
described in paragraph (1) takes an adverse action
against such a worker within 90 days of the worker's
request for such documentation or information, such
conduct shall raise a presumption that the adverse
action was carried out in--
``(i) response to such request; and
``(ii) in violation of this subsection.
``(B) Rebuttal.--The presumption under subparagraph
(A) may be rebutted by clear and convincing evidence
that the adverse action was taken for other permissible
reasons.
``(3) Civil action.--A worker may bring a civil action in a
Federal or State court of competent jurisdiction against any
person or entity described in paragraph (1) that violates this
subsection to seek such legal or equitable relief as may be
appropriate, including reinstatement, promotion, the payment of
wages lost, an additional equal amount as liquidated damages,
and punitive damages. An action commenced under this paragraph
may be commenced within 2 years after the cause of action
accrued. In any judgment in favor of a worker, and in any
proceeding to enforce such a judgment, the court shall award
reasonable attorney's fees and costs to the prevailing
plaintiff.
``(h) Clarification.--Nothing in this section shall be construed to
require an alien described in subsection (b) to appear before an agent
of the Department of Homeland Security or any other Federal agency for
an interview.
``(i) Period Described.--The period described in this subsection is
the period beginning on the first day of the public health emergency
declared by the Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to
COVID-19.
``(j) Submission of Biometric and Biographic Data.--
``(1) In general.--
``(A) In general.--The Secretary may not grant an
alien adjustment of status under this section unless
the alien submits biometric and biographic data, in
accordance with procedures established by the
Secretary.
``(B) Alternative procedure.--The Secretary shall
provide an alternative procedure for aliens who are
unable to provide such biometric or biographic data due
to a physical or mental impairment or bona fide
religious objection.
``(2) Background checks.--
``(A) In general.--The Secretary shall use
biometric and biographic data--
``(i) to conduct security and law
enforcement background checks; and
``(ii) to determine whether there is any
criminal, national security, or other factor
that would render the alien ineligible for
adjustment of status under this section.
``(B) Completion required.--
``(i) In general.--The status of an alien
may not be adjusted under this section unless
security and law enforcement background checks
are completed to the satisfaction of the
Secretary.
``(ii) Timeline.--
``(I) In general.--Except as
provided in subclause (II), the
security and law enforcement background
checks required by this paragraph shall
be completed within 60 days.
``(II) Extension for good cause.--
The Secretary may extend the timeline
under subclause (I) for good cause and,
in the case of such an extension, shall
communicate the delay to the applicant.
``(k) Adjudication.--
``(1) In general.--The Secretary shall evaluate each
application filed pursuant to this section to determine whether
the alien meets all applicable requirements.
``(2) Adjustment of status if favorable determination.--If
the Secretary determines that the alien meets the requirements
under this section, the Secretary shall--
``(A) notify the alien of such determination; and
``(B) adjust the status of the alien to that of an
alien lawfully admitted for permanent residence,
effective as of the date of such determination.
``(3) Adverse determination.--If the Secretary determines
that the alien does not meet the requirements for status under
this section, the Secretary shall notify the alien of such
determination.
``(l) Aliens Ordered Removed.--
``(1) In general.--An alien present in the United States
who has been ordered removed or has been permitted to depart
voluntarily from the United States, notwithstanding such order
or permission to depart, may apply for adjustment of status
under this section.
``(2) Opportunity to apply.--
``(A) In general.--An alien who appears to be prima
facie eligible for relief under this section shall be
given a reasonable opportunity to apply for such relief
and shall not be removed until a final decision
establishing ineligibility for relief is rendered.
``(B) Motion not required.--Such alien shall not be
required to file a separate motion to reopen,
reconsider, or vacate the order of removal.
``(C) Effect of approval.--If the Secretary
approves the application, the Secretary or the Attorney
General shall vacate the order of removal and terminate
any removal proceedings.
``(D) Effect of denial.--If the Secretary renders a
final administrative decision to deny the application,
the order of removal or permission to depart shall be
effective and enforceable to the same extent as if the
application had not been made, but only after all
available administrative and judicial remedies have
been exhausted.
``(m) Advance Parole.--
``(1) In general.--During the period beginning on the date
on which an alien applies for adjustment of status under this
section and ending on the date on which the Secretary makes a
final decision regarding such application, the alien shall be
eligible to apply for advance parole based on any reasonable
need to travel.
``(2) Applicability.--Section 101(g) of the Immigration and
Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien
granted advance parole under this subsection.
``(n) Employment Authorization.--
``(1) In general.--
``(A) In general.--An alien whose removal is stayed
pursuant to this section or who has a pending
application under this section shall, on application to
the Secretary, be granted an employment authorization
document.
``(B) Timeline for issuance.--
``(i) In general.--Except as provided in
clause (ii), an employment authorization
document shall be issued within 30 days.
``(ii) Extension for good cause.--The
Secretary may extend the timeline under clause
(ii) for good cause and, in the case of such an
extension, shall communicate the delay to the
applicant.
``(2) Receipt of application.--
``(A) In general.--As soon as practicable after
receiving an application for status under this section,
the Secretary shall provide the applicant with a
document acknowledging receipt of such application.
``(B) Evidence of employment authorization.--A
document issued under subparagraph (A) shall--
``(i) serve as interim evidence of the
alien's authorization to accept employment in
the United States; and
``(ii) be accepted by an employer as
evidence of employment authorization under
section 274A(b)(1)(C) pending a final decision
on the application.
``(o) Exemption From Numerical Limitation.--Nothing in this section
or in any other law may be construed--
``(1) to limit the number of aliens who may be granted
permanent resident status under this section; or
``(2) to count against any other numerical limitation under
this Act.
``(p) Administrative Review.--
``(1) Exclusive administrative review.--Administrative
review of a determination with respect to an application for
status under this section shall be conducted solely in
accordance with this subsection.
``(2) Administrative appellate review.--
``(A) Establishment of administrative appellate
authority.--The Secretary shall establish or designate
an appellate authority to provide for a single level of
administrative appellate review of determinations with
respect to applications for, and revocations of, status
under this section.
``(B) Single appeal for each administrative
decision.--
``(i) In general.--An alien in the United
States whose application for status under this
section has been denied or whose status under
this section has been revoked may file with the
Secretary not more than 1 appeal of each such
decision.
``(ii) Changed circumstance.--On a showing
of changed circumstances, the Secretary may
waive the numerical limitation under clause
(i).
``(iii) Notice of appeal.--
``(I) In general.--A notice of
appeal filed under this paragraph shall
be filed not later than 90 days after
the date of service of the denial or
revocation, unless the delay beyond the
90-day period is reasonably
justifiable.
``(II) Waiver.--On showing that the
delay was reasonably justifiable, the
Secretary may waive the time limitation
described in subclause (I).
``(III) Service.--Service of a
notice of appeal under this clause
shall be provided in English, Spanish,
and any other language that the alien
concerned is known to understand, and
shall be made upon counsel of record.
``(C) Review by secretary.--Nothing in this
paragraph may be construed to limit the authority of
the Secretary to certify appeals for review and final
administrative decision.
``(D) Denial of petitions for dependents.--A
decision to deny, or revoke the approval of, a petition
filed by an alien to classify a spouse, son, daughter,
or child of the alien as the spouse, son, daughter, or
child for purposes of status under this section may be
appealed under this paragraph.
``(E) Record for review.--Administrative appellate
review under this paragraph shall be de novo and based
solely upon--
``(i) the administrative record established
at the time of the determination on the
application; and
``(ii) any additional newly discovered or
previously unavailable evidence.
``(3) Stay of removal.--An alien seeking administrative
review of a denial, or revocation of approval, of an
application under this section shall not be removed from the
United States before a final decision is rendered establishing
ineligibility for lawful permanent residence.
``(q) Information Privacy.--
``(1) In general.--Except as provided in paragraph (3), no
officer or employee of the United States may--
``(A) disclose (directly or indirectly, including
through inclusion in a database), access, or use the
information provided by an alien pursuant to an
application filed under this section (including
information provided during administrative or judicial
review) for the purpose of immigration enforcement,
including the initiation of removal proceedings; or
``(B) publish any information provided pursuant to
an application under this section.
``(2) Referrals prohibited.--The Secretary, based solely on
information provided in an application for adjustment of status
under this section (including information provided during
administrative or judicial review) or an application for
deferred action pursuant to the memorandum of the Department of
Homeland Security entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the United States as
Children' issued on June 15, 2020, may not refer an applicant
to U.S. Immigration and Customs Enforcement, U.S. Customs and
Border Protection, or any designee of either such entity.
``(3) Required disclosure.--Notwithstanding paragraph (1),
the Attorney General or the Secretary shall provide the
information provided in an application under this section, and
any other information derived from such information, to an
official coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased
as a result of a crime).
``(4) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(5) Safeguards.--The Secretary shall require appropriate
administrative and physical safeguards to protect against
direct and indirect disclosure, access, and uses of information
that violate this subsection.
``(6) Assessments.--Not less frequently than annually, the
Secretary shall conduct an assessment that, for the preceding
calendar year--
``(A) analyzes the effectiveness of the safeguards
described in paragraph (5);
``(B) determines the number of authorized
disclosures under paragraph (3) made; and
``(C) determines the number of disclosures
prohibited under paragraphs (1) and (2) made.
``(r) Eligibility for Other Statuses.--An alien's eligibility to be
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking any status under any other provision of
law for which the alien may otherwise be eligible.
``(s) Effect of Failure To Comply With Removal Order.--Failure to
comply with 1 or more removal orders or voluntary departure agreements
for acts committed before the date of the enactment of this section
shall not affect the eligibility of an alien to apply for a benefit
under this section.''.
(b) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``the
exercise of discretion specified under this title
arising under'' after ``no court shall have
jurisdiction to review'';
(B) in subparagraph (C), by inserting ``or
subsection (h)'' after ``subparagraph (D)''; and
(C) in subparagraph (D)--
(i) by striking ``(other than in this
section)''; and
(ii) by striking ``raised upon a petition
for review filed with an appropriate court of
appeals in accordance with this section'';
(2) in subsection (b)--
(A) in paragraph (2), in the first sentence, by
inserting ``or, in the case of a decision rendered
under subsection (c), in the judicial circuit in which
the petitioner resides'' after ``proceedings''; and
(B) in paragraph (9), by striking the first
sentence and inserting the following: ``Except as
otherwise provided in this section, judicial review of
a determination respecting a removal order shall be
available only in judicial review of a final order
under this section.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``or restrain the
operation of''; and
(B) in paragraph (2), by inserting ``after all
administrative and judicial review available to the
alien is complete'' before ``unless''; and
(4) by adding at the end the following:
``(h) Judicial Review of Eligibility Determinations Relating to
Status Under Title 5.--
``(1) Direct review.--If an alien's application under
section 245B is denied, or the approval of such application is
revoked, after the exhaustion of administrative appellate
review under subsection (p) of that section, the alien may seek
review of such decision, in accordance with chapter 7 of title
5, United States Code, in the district court of the United
States for the district in which the alien resides.
``(2) Status during review.--During the period in which a
review described in paragraph (1) is pending--
``(A) any unexpired grant of voluntary departure
under section 240B shall be tolled; and
``(B) any order of exclusion, deportation, or
removal shall automatically be stayed unless the court,
in its discretion, orders otherwise.
``(3) Review after removal proceedings.--An alien may seek
judicial review of a denial or revocation of approval of the
alien's application under section 245B in the appropriate court
of appeals of the United States in conjunction with the
judicial review of an order of removal, deportation, or
exclusion if the validity of the denial or revocation has not
been upheld in a prior judicial proceeding under paragraph (1).
``(4) Standard for judicial review.--
``(A) Basis.--Judicial review of a denial or
revocation of an approval of an application under
section 245B shall be based upon the administrative
record established at the time of the review.
``(B) Authority to remand.--The reviewing court may
remand a case under this subsection to the Secretary of
Homeland Security (referred to in this subsection as
the `Secretary') for consideration of additional
evidence if the court finds that--
``(i) the additional evidence is material;
and
``(ii) there were reasonable grounds for
failure to adduce the additional evidence
before the Secretary.
``(C) Scope of review.--Notwithstanding any other
provision of law, judicial review of all questions
arising from a denial or revocation of approval of an
application under section 245B shall be governed by the
standard of review set forth in section 706 of title 5,
United States Code.
``(5) Remedial powers.--
``(A) Jurisdiction.--Notwithstanding any other
provision of law, the district courts of the United
States shall have jurisdiction over any cause or claim
arising from a pattern or practice of the Secretary in
the operation or implementation of the Citizenship for
Essential Workers Act, or the amendments made by that
Act, that is arbitrary, capricious, or otherwise
contrary to law.
``(B) Scope of relief.--The district courts of the
United States may order any appropriate relief in a
clause or claim described in subparagraph (A) without
regard to exhaustion, ripeness, or other standing
requirements (other than constitutionally mandated
requirements), if the court determines that--
``(i) the resolution of such cause or claim
will serve judicial and administrative
efficiency; or
``(ii) a remedy would otherwise not be
reasonably available or practicable.
``(6) Challenges to the validity of the system.--
``(A) In general.--Except as provided in paragraph
(5), any claim that section 245B or any regulation,
written policy, written directive, or issued or
unwritten policy or practice initiated by or under the
authority of the Secretary to implement such section,
violates the Constitution of the United States or is
otherwise in violation of law is available in an action
instituted in a district court of the United States in
accordance with the procedures prescribed in this
paragraph.
``(B) Savings provision.--Except as provided in
subparagraph (C), nothing in subparagraph (A) may be
construed to preclude an applicant under 245B from
asserting that an action taken or a decision made by
the Secretary with respect to the applicant's status
was contrary to law.
``(C) Class actions.--Any claim described in
subparagraph (A) that is brought as a class action
shall be brought in conformity with--
``(i) the Class Action Fairness Act of 2005
(Public Law 109-2; 119 Stat. 4); and
``(ii) the Federal Rules of Civil
Procedure.
``(D) Preclusive effect.--The final disposition of
any claim brought under subparagraph (A) shall be
preclusive of any such claim asserted by the same
individual in a subsequent proceeding under this
subsection.
``(E) Exhaustion and stay of proceedings.--
``(i) In general.--No claim brought under
this paragraph shall require the plaintiff to
exhaust administrative remedies under section
245B(p).
``(ii) Stay authorized.--Nothing in this
paragraph may be construed to prevent the court
from staying proceedings under this paragraph
to permit the Secretary to evaluate an
allegation of an unwritten policy or practice
or to take corrective action. In determining
whether to issue such a stay, the court shall
take into account any harm the stay may cause
to the claimant.''.
(c) Rulemaking.--
(1) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue interim
final rules, published in the Federal Register, implementing
section 245B of the Immigration and Nationality Act, as added
by this Act.
(2) Effective date.--Notwithstanding section 553 of title
5, United States Code, the rules issued under this subsection
shall be effective, on an interim basis, immediately upon
publication, but may be subject to change and revision after
public notice and opportunity for a period of public comment.
(3) Final rules.--Not later than 180 days after the date of
publication under paragraph (2), the Secretary shall finalize
the interim rules.
(d) Rule of Construction.--Section 244(h) of the Immigration and
Nationality Act (8 U.S.C. 1254a(h)) may not be construed to limit the
authority of the Secretary to adjust the status of an alien under
section 245B of the Immigration and Nationality Act, as added by this
Act.
(e) Eligibility for Services.--Section 504(a)(11) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law
104-134; 110 Stat. 1321-54) shall not be construed to prevent a
recipient of funds under title X of the Economic Opportunity Act of
1964 (42 U.S.C. 2996 et seq.) from providing legal assistance directly
related to an application for status under section 245B of the
Immigration and Nationality Act, as added by this Act, or to an alien
granted such status.
(f) Technical and Conforming Amendment.--The table of contents for
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended
by inserting after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status for essential workers.''.
SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS.
(a) Waiver of Grounds of Inadmissibility.--Section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting
after subsection (b) the following:
``(c) Humanitarian, Family Unity, and Public Interest Waiver.--
``(1) In general.--Notwithstanding any other provision of
law, except section 245B(c)(1)(B), the Secretary of Homeland
Security or the Attorney General may waive the operation of any
1 or more grounds of inadmissibility under this section
(excluding inadmissibility under subsection (a)(3)) for any
purpose, including eligibility for relief from removal--
``(A) for humanitarian purposes;
``(B) to ensure family unity; or
``(C) if a waiver is otherwise in the public
interest.
``(2) Considerations.--In making a determination under
paragraph (1), the Secretary of Homeland Security or the
Attorney General shall consider all mitigating and aggravating
factors, including--
``(A) the severity of the underlying circumstances,
conduct, or violation;
``(B) the duration of the alien's residence in the
United States;
``(C) evidence of rehabilitation, if applicable;
and
``(D) the extent to which the alien's removal, or
the denial of the alien's application, would adversely
affect the alien or the alien's United States citizen
or lawful permanent resident family members.''.
(b) Waiver of Grounds of Deportability.--Section 237(a) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding
at the end the following:
``(8) Humanitarian, family unity, and public interest
waiver.--
``(A) In general.--Notwithstanding any other
provision of law, except section 245B(c)(1)(B), the
Secretary of Homeland Security or the Attorney General
may waive the operation of any 1 or more grounds of
deportability under this subsection (excluding
deportability under paragraph (2)(A)(iii) based on a
conviction described in section 101(a)(43)(A) and
deportability under paragraph (4)) for any purpose,
including eligibility for relief from removal--
``(i) for humanitarian purposes;
``(ii) to ensure family unity; or
``(iii) if a waiver is otherwise in the
public interest.
``(B) Considerations.--In making a determination
under subparagraph (A), the Secretary of Homeland
Security or the Attorney General shall consider all
mitigating and aggravating factors, including--
``(i) the severity of the underlying
circumstances, conduct, or violation;
``(ii) the duration of the alien's
residence in the United States;
``(iii) evidence of rehabilitation, if
applicable; and
``(iv) the extent to which the alien's
removal, or the denial of the alien's
application, would adversely affect the alien
or the alien's United States citizen or lawful
permanent resident family members.''.
(c) Repeal of 3-Year, 10-Year, and Permanent Bars.--Section
212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9))
is amended to read as follows:
``(9) Aliens previously removed.--
``(A) Arriving alien.--Any alien who has been
ordered removed under section 235(b)(1) or at the end
of proceedings under section 240 initiated upon the
alien's arrival in the United States and who again
seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible.
``(B) Other aliens.--Any alien not described in
subparagraph (A) who seeks admission within 10 years of
the date of such alien's departure or removal (or
within 20 years of such date in the case of a second or
subsequent removal or at any time in the case of an
alien convicted of an aggravated felony) is
inadmissible if the alien--
``(i) has been ordered removed under
section 240 or any other provision of law; or
``(ii) departed the United States while an
order of removal was outstanding.
``(C) Exception.--Subparagraphs (A) and (B) shall
not apply to an alien seeking admission within a period
if, prior to the date of the alien's reembarkation at a
place outside the United States or attempt to be
admitted from foreign contiguous territory, the
Secretary of Homeland Security has consented to the
alien's reapplying for admission.''.
SEC. 4. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as
follows:
``(48)(A) The term `conviction' means, with respect to an alien, a
formal judgment of guilt of the alien entered by a court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
vacated, or pardoned by the President of the United States or
the Governor of any State.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(2) Retroactive applicability.--The amendment made by this
subsection shall apply with respect to any conviction,
adjudication, or judgment entered before, on, or after the date
of the enactment of this Act.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to an alien with a criminal conviction
if, not later than 180 days after the date on which the alien is
sentenced, and after having provided notice and an opportunity to
respond to representatives of the State concerned, the Secretary, and
prosecuting authorities, the sentencing court issues a recommendation
to the Secretary that the alien not be removed on the basis of the
conviction.
SEC. 5. PETTY OFFENSES.
Section 212(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``, or who admits having committed, or who admits
committing acts which constitute the essential elements of'';
and
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``to an alien who committed only one crime'';
(B) in subclause (I), by inserting ``the alien
committed only one crime,'' before ``the crime was
committed when''; and
(C) by amending subclause (II) to read as follows:
``(II)(aa) the alien was not
convicted of more than 2 crimes; and
``(bb) for each such crime--
``(AA) the maximum penalty
possible did not exceed
imprisonment for 1 year; and
``(BB) the alien was not
sentenced to a term of
imprisonment in excess of 180
days.''.
<all>
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118HR3044 | REAL Political Advertisements Act | [
[
"C001067",
"Rep. Clarke, Yvette D. [D-NY-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3044 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3044
To amend the Federal Election Campaign Act of 1971 to provide further
transparency and accountability for the use of content that is
generated by artificial intelligence (generative AI) in political
advertisements by requiring such advertisements to include a statement
within the contents of the advertisements if generative AI was used to
generate any image or video footage in the advertisements, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Ms. Clarke of New York introduced the following bill; which was
referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide further
transparency and accountability for the use of content that is
generated by artificial intelligence (generative AI) in political
advertisements by requiring such advertisements to include a statement
within the contents of the advertisements if generative AI was used to
generate any image or video footage in the advertisements, 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 ``Require the Exposure of AI-Led
Political Advertisements Act'' or the ``REAL Political Advertisements
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the revolutionary innovations in generative artificial
intelligence (generative AI) and the potential for their use in
exacerbating and spreading misinformation and disinformation at
scale and with unprecedented speed requires Congress and the
Federal Election Commission to take action to protect against
the use of generative AI that harms our democracy; and
(2) free and fair elections require transparency and
accountability, which allow the public to make informed
decisions and hold public officials accountable.
SEC. 3. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital
communication.--The term `qualified internet or digital
communication' means any communication which is placed
or promoted for a fee on an online platform.''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, publication, periodical, blog, or
platform, unless such broadcasting, online, or
digital facilities are owned or controlled by
any political party, political committee, or
candidate;''.
(b) Definition of Online Platform.--Section 301 of such Act (52
U.S.C. 30101) is amended by adding at the end the following:
``(27) Online platform.--
``(A) In general.--The term `online platform' means
any public-facing website, web application, or digital
application (including a social network, ad network, or
search engine) which--
``(i)(I) sells qualified political
advertisements; and
``(II) has 50,000,000 or more unique
monthly United States visitors or users for a
majority of months during the preceding 12
months; or
``(ii) is a third-party advertising vendor
that has 50,000,000 or more unique monthly
United States visitors in the aggregate on any
advertisement space that it has sold or bought
for a majority of months during the preceding
12 months, as measured by an independent
digital ratings service accredited by the Media
Ratings Council (or its successor).
``(B) Qualified political advertisement.--For
purposes of this paragraph, the term `qualified
political advertisement' means any advertisement
(including search engine marketing, display
advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(i) is made by or on behalf of a
candidate; or
``(ii) communicates a message relating to
any political matter of national importance,
including--
``(I) a candidate;
``(II) any election to Federal
office; or
``(III) a national legislative
issue of public importance.
``(C) Third-party advertising vendor defined.--For
purposes of this paragraph, the term `third-party
advertising vendor' includes any third-party
advertising vendor network, advertising agency,
advertiser, or third-party advertisement serving
company that buys and sells advertisement space on
behalf of unaffiliated third-party websites, search
engines, digital applications, or social media
sites.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2024,
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 4. REQUIRING DISCLAIMERS ON ADVERTISEMENTS CONTAINING CONTENT
GENERATED BY ARTIFICIAL INTELLIGENCE.
(a) Requirement.--Section 318 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30120) is amended by adding at the end the following
new subsection:
``(e) Special Disclaimer for Communications Containing Content
Generated by Artificial Intelligence.--
``(1) Requirement.--If a communication described in
subsection (a) contains an image or video footage which was
generated in whole or in part with the use of artificial
intelligence (generative AI), the communication shall include,
in a clear and conspicuous manner, a statement that the
communication contains such an image or footage.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement required under this subsection shall be
considered to be made in a clear and conspicuous manner if the
statement meets the following requirements:
``(A) Text or graphic communications.--In the case
of a text or graphic communication, the statement--
``(i) appears in letters at least as large
as the majority of the text in the
communication; and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an
audio communication, the statement is spoken in a
clearly audible and intelligible manner at the
beginning or end of the communication and lasts at
least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning
or the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets
the requirements of subparagraph (A)
and appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any
other type of communication, the statement is at least
as clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).
``(3) Regulations.--Not later than 120 days after the date
of the enactment of the REAL Political Advertisements Act, the
Commission shall promulgate a regulation to carry out this
subsection, including--
``(A) criteria for determining whether an
advertisement contains an image or video footage
created through generative artificial intelligence;
``(B) requirements for the contents of the
statement required under paragraph (1); and
``(C) a definition of content generated by
artificial intelligence that considers current and
future uses of artificial intelligence and similar
technologies that have a high risk for use in creating
and spreading misinformation or disinformation about
candidates, elections, and issues of national
concern.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to communications made on or after January 1, 2024,
and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.
SEC. 5. REPORTS.
Not later than 2 years after the date of the enactment of this Act,
and biannually thereafter, the Federal Election Commission shall submit
a report to Congress which includes--
(1) an assessment of the compliance with and the
enforcement of the requirements of section 318(e) of the
Federal Election Campaign Act of 1971, as added by this Act;
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) the identification of ways to bring further
transparency and accountability to political advertisements.
<all>
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118HR3045 | YODA | [
[
"C001115",
"Rep. Cloud, Michael [R-TX-27]",
"sponsor"
],
[
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"cosponsor"
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[
"L000596",
"Rep. Luna, Anna Paulina [R-FL-13]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3045 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3045
To affirm user ownership of their data, prohibit entities from
requiring the transfer or monetization of private data in exchange for
services, prohibit the collection of third-party contact information
without written consent, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Cloud introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To affirm user ownership of their data, prohibit entities from
requiring the transfer or monetization of private data in exchange for
services, prohibit the collection of third-party contact information
without written consent, 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 ``You Own the Data Act'' or ``YODA''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Governments exist to protect individual rights to life,
liberty, and property.
(2) The protection of civil liberties, including the rights
to private property and privacy from unwarranted searches and
seizures, is one of the hallmarks of a free society.
(3) It is appropriate for Congress to enact laws to protect
individuals from data collection by third parties.
(4) Data is the property of the user, as the user creates
the data.
(5) A user maintains ownership of the data of such user,
even when such data is sold or leased with the consent of such
user.
(6) Technology should empower the individual and the
productivity of the individual.
(7) Individuals should have reasonable access to and use of
popularly available consumer technologies without abdicating
the rights of such individuals to privacy and anonymity.
SEC. 3. PROHIBITION ON SHARING USER CONTACTS WITHOUT WRITTEN CONSENT
AND CLARIFYING USER ACCESS TO DATA.
(a) Prohibition on Access to User Contacts.--It shall be unlawful
for a covered entity to ask a user to share the contacts or information
about the contacts of the user unless the user and the contacts of the
user consent to such use in writing.
(b) Access to, and Correction, Deletion, and Portability of,
Covered Data.--
(1) In general.--Subject to paragraphs (2) and (3), a
covered entity shall provide a user, immediately or as quickly
as possible and in no case later than 90 days after receiving a
verified request from the user, with the ability to
reasonably--
(A) access--
(i) if applicable, a list of each third
party and service provider to whom the covered
entity has transferred or shared the covered
data of the user;
(ii) the covered data of the user, or an
accurate representation of the covered data of
the user, including data aggregation that is a
readable summary, that is held or has been
processed by the covered entity or any service
provider of the covered entity; and
(iii) if a covered entity transfers covered
data, a description of the covered data that
was transferred and the purpose for which the
third party requested the data;
(B) request that the covered entity--
(i) correct material inaccuracies or
materially incomplete information with respect
to the covered data of the user that is
maintained by the covered entity;
(ii) delete or de-identify covered data of
the user that is or has been maintained by the
covered entity;
(iii) notify any service provider or third
party to which the covered entity transferred
such covered data of the corrected information;
and
(iv) provide contact information to the
user of any service provider or third party
that the covered data of the user was
transferred to so that the user may make
requests described in this subparagraph; and
(C) to the extent that is technically feasible,
provide covered data of the user that is or has been
generated and submitted to the covered entity by the
user and maintained by the covered entity in a
portable, structured, and machine-readable format that
is not subject to licensing restrictions.
(2) Frequency and cost of access.--A covered entity shall--
(A) provide a user with the opportunity to exercise
the rights described in paragraph (1) not less than
twice in any 12-month period; and
(B) fulfill the responsibilities described in
paragraph (1) free of charge.
(3) Prohibition on retaliation.--A covered entity shall
provide the same quality of goods or services, at the same
price or rate, regardless of whether a user took an action
described under paragraph (1).
(4) Retention of data.--A covered entity that collects data
on a user's browsing history or biometric data and information
shall delete the data within 60 days after the date on which
the data was collected.
(c) Data Minimization and Contextuality.--
(1) Collection and use of information.--A commercial data
operator shall limit the collection and sharing of information
by the operator with third parties to what is reasonably
necessary to provide a service or conduct an activity that a
consumer has requested or is reasonably necessary for fraud
prevention.
(2) Retention of information.--A commercial data operator
that collects the personal information of a consumer shall
limit the use and retention of that information to what is
reasonably necessary to provide a service or conduct an
activity that a consumer has requested or a related operational
purpose. Any data collected or retained by a commercial data
operator solely for security or fraud prevention may not be
used for operational purposes.
(3) Monetization.--Monetization of personal information
shall not be considered reasonably necessary to provide a
service or conduct an activity that a consumer has requested or
reasonably necessary for security or fraud prevention.
(d) Consumer Choice and Control.--
(1) Commercial data operator.--A commercial data operator
shall provide a prominently and conspicuously displayed icon a
user may click to opt out of data collection on every unique
website, mobile application, or computer application.
(2) Covered entities.--Within 2 years after the date of the
enactment of this Act, a covered entity shall take reasonable
steps, taking account of available technology, to provide users
the ability to directly delete the covered data collected by
the covered entity.
(e) Default Settings.--A covered entity may require, through terms
of service or otherwise, that a user must consent to the transfer of
covered data in order to use the service of the covered entity.
(f) Policies Regarding Data From Minors.--A covered entity may not
collect, retain, or transfer the covered data of a user to a third
party without affirmative consent from the parent or guardian of the
user if the user is below the age of 18 years old, where technically
feasible.
(g) Prohibition on Tracking Cookies Without User Consent.--A
commercial data operator--
(1) unless authorized by the user, may not track cookies,
including on mobile applications; and
(2) shall provide the same services to users who do not
authorize tracking cookies.
(h) Transparency.--
(1) Privacy notice.--A covered entity shall provide users
with a clear, comprehensible, accurate, and continuously
available privacy notice that--
(A) describes in detail the information collected
by the operator, how that information would be used,
and whether the information would be sold or shared
with any third party; and
(B) is 1,000 words or less.
(2) Report on use of information required.--If a user
allows a commercial data operator to sell the covered data of
the user, the commercial data operator shall provide the user
with an annual report regarding the types of third parties with
whom data has been shared. The report shall include a
description of what information has been shared, for what
purpose information is shared, and a list of each third party
that receives data.
(i) Data Security and Breach Notification.--A covered entity shall
notify each user in a timely manner of any data breach with respect to
the information of the user and provide any remedy to compensate the
user for the breach of their information, including a credit protection
service, fraud alert, and credit monitoring through credit reporting
agencies.
(j) Enforcement.--
(1) Enforcement by the federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of this section shall be treated as a
violation of a regulation under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(B) Powers of commission.--The Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act. Any
person who violates this section shall be subject to
the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(2) Effect on other laws.--Nothing in this section shall be
construed in any way to limit the authority of the Commission
under any other provision of law or to limit the application of
any Federal or State law.
(3) Enforcement by state attorneys general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating this section, the attorney
general, official, or agency of the State, in addition
to any authority it may have to bring an action in
State court under its consumer protection law, may
bring a civil action in any appropriate United States
district court or in any other court of competent
jurisdiction, including a State court, to--
(i) enjoin further such violation by such
person;
(ii) enforce compliance with this section;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice and intervention by the federal trade
commission.--The attorney general of a State shall
provide prior written notice of any action under
subparagraph (A) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action. The Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(C) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this section, no State attorney
general, or official or agency of a State, may bring an
action under this paragraph during the pendency of that
action against any defendant named in the complaint of
the Commission for any violation of this section
alleged in the complaint.
(4) Private right of action.--
(A) In general.--Any individual alleging a
violation of this section or a regulation promulgated
under this section may bring a civil action in any
Federal or State court of competent jurisdiction
against a covered entity that has global annual gross
revenues of at least $50,000,000.
(B) Relief.--In a civil action brought under
subparagraph (A) in which the plaintiff prevails, the
court may award--
(i) $100 to $750 per violation;
(ii) reasonable attorney's fees and
litigation costs; and
(iii) any other relief, including equitable
or declaratory relief, that the court
determines appropriate.
(k) Definitions.--In this section:
(1) Commercial data operator.--The term ``commercial data
operator'' means an entity acting in its capacity as a consumer
online services provider or data broker that--
(A) generates a material amount of revenue from the
use, collection, processing, sale, or sharing of data
generated by a user; and
(B) has more than 100,000,000 unique monthly
visitors or users in the United States for a majority
of months during the previous 1-year period.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Consent.--The term ``consent'' means an affirmative act
by an individual that clearly communicates the informed
authorization of the individual for an act or practice.
(4) Core function.--The term ``core function'' does not
mean targeted advertising or marketing.
(5) Covered data.--The term ``covered data'' means
individually, identifiable information about a user collected
online, including any of the following:
(A) Location information that would identify the
physical address of an individual.
(B) Telephone number.
(C) Email address.
(D) Social security number or other unique,
government-issued identifiers.
(E) Nonpublic personal information (as defined in
section 509 of the Gramm-Leach-Bliley Act (15 U.S.C.
6809)).
(F) Content of a personal wire communication, oral
communication, or electronic communication such as
email or direct messaging with respect to any entity
that is not the intended recipient of the
communication.
(G) Call detail records.
(H) Web browsing history, application usage
history, and the functional equivalent of either that
is not aggregated data.
(I) Biometric data and information, such as facial
and voice recognition data.
(6) Covered entity.--The term ``covered entity'' means a
commercial data broker or large online operator that collects
covered data from a user through an online platform.
(7) Data broker.--The term ``data broker'' means a covered
entity whose principal source of revenue is derived from
processing or transferring the covered data of individuals with
whom the entity does not have a direct relationship on behalf
of a third party for use by the third party.
(8) De-identify.--The term ``de-identify'' means to
separate information from the user or IP address the
information is associated with.
(9) Delete.--The term ``delete'' means to remove or destroy
information so that the information is not maintained in human
or machine-readable form and cannot be retrieved or used in
such form in the normal course of business.
(10) Large online operator.--The term ``large online
operator'' means any person that--
(A) provides an online service; and
(B) has more than 100,000,000 authenticated users
of an online service in any 30-day period.
(11) Monetization.--The term ``monetization'' means the
process of collecting, using, and storing data solely for
economic benefit.
(12) User.--The term ``user'' means an individual residing
in the United States who uses a website that collects data and
information from the user.
<all>
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118HR3046 | Medical Student Education Authorization Act of 2023 | [
[
"C001053",
"Rep. Cole, Tom [R-OK-4]",
"sponsor"
],
[
"T000468",
"Rep. Titus, Dina [D-NV-1]",
"cosponsor"
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[
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[
"L000590",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3046 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3046
To amend the Public Health Service Act to establish a grant program to
award grants to accredited public institutions of higher education, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Cole (for himself and Ms. Titus) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a grant program to
award grants to accredited public institutions of higher education, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Student Education
Authorization Act of 2023''.
SEC. 2. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH CARE FOR MEDICALLY
UNDERSERVED COMMUNITIES.
Part B of title VII of the Public Health Service Act (42 U.S.C. 293
et seq.) is amended by adding at the end the following:
``SEC. 742. EDUCATION PROGRAM TO SUPPORT PRIMARY HEALTH CARE FOR
MEDICALLY UNDERSERVED COMMUNITIES.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a grant program to award grants to accredited public
institutions of higher education to carry out the activities described
in subsection (d) for the purposes of--
``(1) expanding and supporting education for medical
students who are preparing to become physicians; and
``(2) preparing and encouraging each such student trained
by a grantee to serve in a Tribal, rural, or medically
underserved community as a primary care physician after
completing residency training.
``(b) Eligibility.--In order to be eligible to receive a grant
under this section, an accredited public institution of higher
education shall--
``(1) be located in a State that is in the top quintile of
States by a projected shortage of primary care physicians, as
determined by the Secretary; and
``(2) submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require, that includes--
``(A) a certification that such institution will
use amounts provided to the institution through the
grant to carry out the activities described in
subsection (d); and
``(B) a description of how such institution will
carry out such activities.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to accredited public institutions of
higher education that meet the eligibility requirements of subsection
(b) and--
``(1) are located in a State with not fewer than 2 Indian
Tribes or Tribal organizations (as such terms are defined in
section 4 of the Indian Self-Determination and Education
Assistance Act); and
``(2) have established, or demonstrate plans to establish,
a public-private partnership that supports the purposes
described in subsection (a).
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall, as appropriate, use the funds made available under
such grant to carry out the following activities:
``(1) Support or expand community-based and experiential
training for medical students who will practice in or serve
Tribal, rural, and medically underserved communities.
``(2) Develop and operate programs to train medical
students in the provision of primary care services, which may
include developing training programs and activities that--
``(A) emphasize care for Tribal, rural, or
medically underserved communities;
``(B) are applicable to primary care practice with
respect to individuals from Tribal, rural, or medically
underserved communities;
``(C) support the use of telehealth technologies
and practices;
``(D) integrate mental health and substance use
disorder care into primary care practice, including
prevention and treatment of opioid use disorders and
other substance use disorders; and
``(E) promote interdisciplinary training.
``(3) Increase the capacity of faculty to develop and
operate programs described in paragraph (2).
``(4) Develop or expand strategic partnerships, such as
public-private partnerships, to improve health outcomes for
individuals from Tribal, rural, and medically underserved
communities, which partnerships may include--
``(A) federally recognized Tribes, Tribal Colleges
or Universities (as such term is defined in section 316
of the Higher Education Act of 1965), and Tribal
organizations (as such term is defined in section 4 of
the Indian Self-Determination and Education Assistance
Act);
``(B) Federally-qualified health centers;
``(C) rural health clinics;
``(D) health facilities or programs operated by or
in accordance with a contract or grant with the Indian
Health Service; and
``(E) primary care clinics.
``(5) Develop a plan, as appropriate, for followup with
graduates, including with respect to specialties, as
applicable.
``(6) Develop, implement, and evaluate methods to improve
recruitment and retention of medical students from Tribal,
rural, and medically underserved communities.
``(7) Train and support instructors to serve Tribal, rural,
and medically underserved communities.
``(8) Prepare medical students for transition into primary
care residency training and future practice.
``(9) Provide scholarships to medical students.
``(e) Grant Period.--A grant under this section shall be awarded
for a period of not more than 5 years.
``(f) Grant Amount.--Each fiscal year, the amount of a grant made
to an eligible entity under this section shall be not less than
$1,000,000.
``(g) Matching Requirement.--The Secretary shall, as appropriate,
require that an eligible entity receiving a grant under this section
provide non-Federal matching funds, which may be in cash or in kind, in
an amount equal to or greater than 10 percent of the total amount of
Federal funds provided through the grant each fiscal year.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2023 through 2025.''.
<all>
</pre></body></html>
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118HR3047 | Apache County and Navajo County Conveyance Act of 2023 | [
[
"C001132",
"Rep. Crane, Elijah [R-AZ-2]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3047 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3047
To require the Secretary of Agriculture to convey certain lands within
the Apache-Sitgreaves National Forest, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Crane introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to convey certain lands within
the Apache-Sitgreaves National Forest, 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 ``Apache County and Navajo County
Conveyance Act of 2023''.
SEC. 2. CONVEYANCE OF CERTAIN LAND WITHIN THE APACHE-SITGREAVES
NATIONAL FORESTS TO NAVAJO COUNTY, ARIZONA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Navajo County,
Arizona.
(2) Map.--The term ``map'' means the map entitled
``Pinedale Cemetery Expansion'' and dated May 23, 2022.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance Required.--Subject to this section, if the County
submits to the Secretary a written request for conveyance of the
property described in subsection (c)(1) not later than 180 days after
the date of enactment of this Act, the Secretary shall convey to the
County all right, title, and interest of the United States in and to
the property described in subsection (c)(1).
(c) Property Described.--
(1) In general.--The property referred to in subsection (b)
is--
(A) the parcel of real property, including all land
and improvements, generally depicted as ``Exist.
Cemetery'' on the map, consisting of approximately 2.5
acres of National Forest System land located in the
Apache-Sitgreaves National Forests in Arizona; and
(B) the parcel of real property, including all land
and improvements, generally depicted as ``Proposed
Expansion'' on the map, consisting of approximately 2.5
acres of National Forest System land located in the
Apache-Sitgreaves National Forests in Arizona.
(2) Map.--
(A) Minor errors.--The Secretary may correct minor
errors in the map.
(B) Availability.--A copy of the map shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(3) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(d) Terms and Conditions.--The conveyance under subsection (b)
shall--
(1) be subject to valid existing rights;
(2) be made without consideration;
(3) be made by quitclaim deed;
(4) not be subject to section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)); and
(5) be subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(e) Costs of Conveyance.--As a condition of the conveyance under
subsection (b), the County shall pay all costs associated with the
conveyance, including the cost of--
(1) a survey, if necessary, under subsection (c)(3); and
(2) any environmental analysis and resource surveys
required by Federal law.
SEC. 3. CONVEYANCE OF CERTAIN LAND WITHIN THE APACHE-SITGREAVES
NATIONAL FORESTS TO APACHE COUNTY, ARIZONA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Apache County,
Arizona.
(2) Map.--The term ``map'' means the map entitled
``Exhibit, Alpine Cemetery Townsite'' and dated October, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance Required.--Subject to this section, if the County
submits to the Secretary a written request for conveyance of the
property described in subsection (c)(1) not later than 180 days after
the date of enactment of this Act, the Secretary shall convey to the
County all right, title, and interest of the United States in and to
the property described in subsection (c)(1).
(c) Property Described.--
(1) In general.--The property referred to in subsection (b)
is--
(A) the parcel of real property, including all land
and improvements, generally depicted as the ``Existing
Alpine Cemetery'' on the map, consisting of
approximately 2.56 acres of National Forest System land
located in the Apache-Sitgreaves National Forests in
Arizona; and
(B) the parcel of real property, including all land
and improvements, generally depicted as the ``Proposed
Townsite Tract'' on the map, consisting of
approximately 8.06 acres of National Forest System land
located in the Apache-Sitgreaves National Forests in
Arizona.
(2) Map.--
(A) Minor errors.--The Secretary may correct minor
errors in the map.
(B) Availability.--A copy of the map shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(3) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(d) Terms and Conditions.--The conveyance under subsection (b)
shall--
(1) be subject to valid existing rights;
(2) be made without consideration;
(3) be made by quitclaim deed;
(4) not be subject to section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)); and
(5) be subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(e) Costs of Conveyance.--As a condition of the conveyance under
subsection (b), the County shall pay all costs associated with the
conveyance, including the cost of--
(1) a survey, if necessary, under subsection (c)(3); and
(2) any environmental analysis and resource surveys
required by Federal law.
<all>
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118HR3048 | Space National Guard Establishment Act | [
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"sponsor"
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[
"R... | <p><b>Space National Guard Establishment Act</b></p> <p>This bill establishes a Space National Guard as the reserve component of the U.S. Space Force.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3048 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3048
To establish the Space National Guard.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Crow (for himself, Mr. Lamborn, Mr. Carbajal, Mr. Keating, Mr.
Rutherford, Mr. Womack, Mr. Moskowitz, Ms. Garcia of Texas, Mr. Case,
Mr. Bergman, Ms. Tokuda, and Ms. Pettersen) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To establish the Space National Guard.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space National Guard Establishment
Act''.
SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD.
(a) Establishment.--
(1) In general.--There is established a Space National
Guard that is part of the organized militia of the several
States and Territories, Puerto Rico, and the District of
Columbia--
(A) in which the Space Force operates; and
(B) active and inactive.
(2) Reserve component.--There is established a Space
National Guard of the United States that is the reserve
component of the United States Space Force all of whose members
are members of the Space National Guard.
(b) Composition.--The Space National Guard shall be composed of the
Space National Guard forces of the several States and Territories,
Puerto Rico, and the District of Columbia--
(1) in which the Space Force operates; and
(2) active and inactive.
SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to authorize or require the relocation of any
facility, infrastructure, or military installation of the Space
National Guard or Air National Guard.
SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD.
(a) Requirement.--Except as specifically provided by this subtitle,
the Secretary of the Air Force and Chief of the National Guard Bureau
shall implement this subtitle, and the amendments made by this
subtitle, not later than 18 months after the date of the enactment of
this Act.
(b) Briefings.--Not later than 90 days after the date of the
enactment of this Act, and annually for the five subsequent years, the
Secretary of the Air Force, Chief of the Space Force and Chief of the
National Guard Bureau shall jointly provide to the congressional
defense committees a briefing on the status of the implementation of
the Space National Guard pursuant to this subtitle and the amendments
made by this subtitle. This briefing shall address the current
missions, operations and activities, personnel requirements and status,
and budget and funding requirements and status of the Space National
Guard, and such other matters with respect to the implementation and
operation of the Space National Guard as the Secretary and the Chiefs
jointly determine appropriate to keep Congress fully and currently
informed on the status of the implementation of the Space National
Guard.
SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Definitions.--
(1) Title 10, united states code.--Title 10, United States
Code, is amended--
(A) in section 101(c)--
(i) by redesignating paragraphs (6) and (7)
as paragraphs (8) and (9), respectively; and
(ii) by inserting after paragraph (5) the
following new paragraphs:
``(6) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District of Columbia, active and inactive,
that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(7) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''; and
(B) in section 10101--
(i) in the matter preceding paragraph (1),
by inserting ``the following'' before the
colon; and
(ii) by adding at the end the following new
paragraph:
``(8) The Space National Guard of the United States.''.
(2) Title 32, united states code.--Section 101 of title 32,
United States Code is amended--
(A) by redesignating paragraphs (8) through (19) as
paragraphs (10) through (21), respectively; and
(B) by inserting after paragraph (7) the following
new paragraphs:
``(8) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District of Columbia, in which the Space
Force operates, active and inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed
under the sixteenth clause of section 8, article I of
the Constitution;
``(C) is organized, armed, and equipped wholly or
partly at Federal expense; and
``(D) is federally recognized.
``(9) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(b) Reserve Components.--Chapter 1003 of title 10, United States
Code, is amended--
(1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States: composition
``The Space National Guard of the United States is the reserve
component of the Space Force that consists of--
``(1) federally recognized units and organizations of the
Space National Guard; and
``(2) members of the Space National Guard who are also
Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the Space Force
``The Space National Guard while in the service of the United
States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States: status when
not in Federal service
``When not on active duty, members of the Space National Guard of
the United States shall be administered, armed, equipped, and trained
in their status as members of the Space National Guard.''; and
(2) in the table of sections at the beginning of such
chapter, by adding at the end the following new items:
``10115. Space National Guard of the United States: composition.
``10116. Space National Guard: when a component of the Space Force.
``10117. Space National Guard of the United States: status when not in
Federal service.''.
<all>
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118HR3049 | Utah School and Institutional Trust Lands Administration Exchange Act of 2023 | [
[
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"Rep. Curtis, John R. [R-UT-3]",
"sponsor"
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3049
To provide for the exchange of certain Federal land and State land in
the State of Utah.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Curtis (for himself, Mr. Stewart, Mr. Moore of Utah, and Mr. Owens)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To provide for the exchange of certain Federal land and State land in
the State of Utah.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah School and Institutional Trust
Lands Administration Exchange Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Utah School and Institutional Trust Lands Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
between the Administration, the State, and the Secretary to
exchange certain Federal land and interests in Federal land for
certain State land and interests in State land managed by the
Administration entitled ``Memorandum of Understanding--Exchange
of Lands'' and dated March 17, 2023.
(3) Legal description.--The term ``Legal Description''
means a legal description that is included in Exhibit A to the
Agreement and that is part of the Agreement as of the date of
the conveyance of the applicable land under this Act.
(4) Map.--The term ``Map'' means the map described in the
Agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE ADMINISTRATION, THE STATE
OF UTAH, AND THE SECRETARY OF THE INTERIOR.
(a) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions included in the Agreement--
(1) shall be considered to be in the public interest;
(2) are incorporated by reference into this Act;
(3) are ratified and confirmed by Congress; and
(4) set forth the obligations of the United States, the
State, and the Administration under the Agreement as a matter
of Federal law.
(b) Implementation.--The Secretary shall implement the Agreement.
SEC. 4. CONVEYANCES.
(a) Public Interest Determination.--The land exchange directed by
the Agreement shall be considered to be in the public interest.
(b) Authorization.--
(1) Conveyances.--Notwithstanding any other provision of
law, the conveyances of land and interests in land described in
paragraphs (2), (3), and (5) of the Agreement shall be executed
in accordance with this Act and the Agreement.
(2) Deadline for certain conveyances.--The conveyances of
land and interests in land described in paragraphs (2) and (3)
of the Agreement shall be completed not later than 45 days
after the date of enactment of this Act.
(3) Requirement.--If necessary, the conveyances of land and
interests in land described in the Agreement shall be equalized
in accordance with section 5(b).
(c) Map and Legal Descriptions.--
(1) Public availability.--The Map and Legal Descriptions
shall be on file and available for public inspection in the
offices of the Secretary and the State Director of the Bureau
of Land Management.
(2) Conflict.--In the case of any conflict between the Map
and the Legal Descriptions, the Legal Descriptions shall
control.
(3) Technical corrections.--Nothing in this Act prevents
the Secretary and the Administration from agreeing to the
correction of technical errors or omissions in the Map or Legal
Descriptions.
(d) Adequacy of Applicable Plans.--A conveyance of Federal land or
an interest in Federal land to the State under the Agreement shall be
considered to comply with any applicable land use plan developed under
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
SEC. 5. EQUALIZATION OF THE EXCHANGE.
(a) Appraisal.--
(1) In general.--Not later than 18 months after the date of
execution of the exchange under section 4, the total value of
the land exchanged shall be determined by an appraisal in
accordance with paragraph (5) of the Agreement, that shall--
(A) be based on land and mineral values determined
as of the date of enactment of this Act;
(B) be conducted in accordance with section 206(d)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)); and
(C) use nationally recognized appraisal standards,
including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(2) Minerals.--
(A) Mineral reports.--The appraisals conducted
under paragraph (1) may take into account mineral and
technical reports provided by the Secretary and the
Administration in the evaluation of mineral deposits in
the land and interests in land exchanged under the
Agreement.
(B) Mining claims.--The appraisal of any parcel of
Federal land or interest in Federal land that is
encumbered by a mining claim, mill site, or tunnel site
located under the mining laws shall be conducted in
accordance with standard appraisal practices,
including, as appropriate, the Uniform Appraisal
Standards for Federal Land Acquisition.
(C) Validity examinations.--Nothing in this
paragraph requires the United States to conduct a
mineral examination for any mining claim on the Federal
land or interest in Federal land conveyed under the
Agreement.
(3) Adjustment.--
(A) In general.--If value is attributed to any
parcel of Federal land or interest in Federal land
through an appraisal under paragraph (1) based on the
presence of minerals subject to leasing under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), the value
of the parcel or interest in Federal land (as otherwise
established under this subsection) shall be reduced by
the percentage of the applicable Federal revenue
sharing obligation under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
(B) Limitation.--Any adjustment under subparagraph
(A) shall not be considered to be a property right of
the State.
(4) Approval; duration.--An appraisal conducted under
paragraph (1) shall--
(A) be submitted to the Secretary and the
Administration for approval; and
(B) remain valid for 3 years after the date on
which the appraisal is approved by the Secretary and
the Administration under subparagraph (A).
(5) Dispute resolution.--If, by the date that is 90 days
after the date of submission of an appraisal for review and
approval under paragraph (4)(A), the Secretary and the
Administration do not agree to accept the findings of the
appraisal with respect to any parcel of land or interest in
land to be exchanged, the dispute shall be resolved in
accordance with section 206(d)(2) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(d)(2)).
(b) Equalization of Values.--If the total value of the State land
described in paragraph (2) of the Agreement and the total value of the
Federal land and interests in Federal land described in paragraph (3)
of the Agreement, as determined under subsection (a), are not equal--
(1) the value shall be equalized in accordance with
paragraph (5) of the Agreement; and
(2) the conveyance of equalization parcels, in accordance
with paragraph (5) of the Agreement, shall occur not later than
45 days after the date of the identification of the appraised
equalization parcels or portions of parcels to be conveyed to
ensure that the exchange is of equal value.
SEC. 6. WITHDRAWALS.
(a) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land and
interests in Federal land to be conveyed to the State under section
4(b) are withdrawn from mineral location, entry, and patent under the
mining laws pending conveyance of the Federal land and interests in
Federal land to the State.
(b) Withdrawal of State Land Conveyed to the United States.--
Subject to valid existing rights, on the date of acquisition by the
United States, the State land described in paragraph (2) of the
Agreement acquired by the United States under section 4(b), to the
extent not subject to previous withdrawals, is permanently withdrawn
from all forms of appropriation and disposal under--
(1) the public land laws (including the mining and mineral
leasing laws); and
(2) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(c) Withdrawal Revocation.--Any withdrawal of the parcels of
Federal land and interests in Federal land described in paragraph (3)
of the Agreement to be conveyed to the State under section 4(b) from
appropriation or disposal under a public land law shall be revoked to
the extent necessary to permit the conveyance of the Federal land
parcel to the State free of any encumbrances associated with power site
reserves or classifications.
SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS.
The Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended
by adding at the end the following:
``SEC. 5. CERTAIN EXCLUSIONS.
``Notwithstanding any other provision of this Act, the provisions
of this Act of shall not apply to the following:
``(1) S\1/2\SW\1/4\ sec 34, T. 13 S., R. 14 E., of the Salt
Lake Meridian.
``(2) Lots 1-4, T. 14 S., R. 14 E., sec. 11, S\1/2\N\1/2\
and S\1/2\, of the Salt Lake Meridian.
``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\,
W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake
Meridian.''.
<all>
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118HR305 | One School, One Nurse Act of 2023 | [
[
"W000808",
"Rep. Wilson, Frederica S. [D-FL-24]",
"sponsor"
]
] | <p><strong>One School, One Nurse Act of </strong><b>2023</b></p> <p>This bill directs the Department of Education (ED) to award competitive grants to eligible entities for recruiting, hiring, and retaining school nurses. An eligible entity is a local educational agency (LEA) or a partnership between a state educational agency and a consortium of LEAs in the state.</p> <p>Further, ED must specify in regulation the recommended nurse-to-student ratios for elementary and secondary schools.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 305 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 305
To authorize the Secretary of Education to carry out a grant program to
assist local educational agencies with ensuring that each elementary
and secondary school has at least one registered nurse on staff.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Ms. Wilson of Florida introduced the following bill; which was referred
to the Committee on Education and the Workforce, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Education to carry out a grant program to
assist local educational agencies with ensuring that each elementary
and secondary school has at least one registered nurse on staff.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One School, One Nurse Act of 2023''.
SEC. 2. PURPOSE; FINDINGS.
(a) Purpose.--The purpose of this Act is to assist States and local
educational agencies with ensuring that every elementary and secondary
school has at least one full-time registered nurse on staff, and to
maintain recommended nurse-to-student ratios, including through the
recruitment, hiring, and retention of registered nurses.
(b) Findings.--Congress finds the following:
(1) According to the American Academy of Pediatrics, every
elementary and secondary school should have at least one full-
time registered nurse on staff.
(2) According to the National Center for Education
Statistics, during the 2015-2016 school year, only about half
of all public schools had a full-time registered nurse and
nearly 20 percent did not have any nurse on staff. Schools with
higher free or reduced-price lunch program eligibility rates
had lower rates of school nurses.
(3) According to the Georgetown University Center for
Children and Families, in 2019, roughly 6 percent of children
in the United States were uninsured.
(4) For children who lack health care coverage, a school
nurse is often a critical source of health services.
(5) Studies suggest that schools with a full-time
registered nurse experience far-reaching benefits including
fewer student absences, students spending more time in class,
more accurate medical records, higher immunization rates, fewer
student pregnancies, and better health outcomes for students
with asthma or diabetes.
(6) School nurses play a critical role in helping to manage
the chronic physical, emotional, mental, and social health
needs of students, conduct health screenings, facilitate
vaccinations and immunization compliance efforts, reduce
burdens on educators and other school staff, and support a
positive and healthy school climate.
SEC. 3. ONE SCHOOL, ONE NURSE GRANT PROGRAM.
(a) Grant Program Authorized.--Not later than 12 months after the
date of enactment of this section, the Secretary shall establish a
program to award grants, on a competitive basis, to eligible entities
to carry out the activities under subsection (d). Grants awarded under
this section shall be for a period of 5 years.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require. Such application shall include--
(1) a needs assessment of the eligible entity that
demonstrates the existence of persistent shortages of school
nurses or persistent shortages of full-time school nurses;
(2) a description of the health and wellness needs of the
student population served by the eligible entity;
(3) a comprehensive plan for the use of grant funds to
address persistent shortages described in the needs assessment
under paragraph (1), including a description of how such
activities shall address the health and wellness needs
described under paragraph (2) and how such funds will be used
to ensure that the eligible entity will continue to employ and
retain school nurses after the completion of the grant period;
and
(4) a description of how the eligible entity will
prioritize recruiting individuals from the communities served
by the eligible entity and from underrepresented populations in
public health professions (as determined by the Secretary by
regulation), and how the eligible entity will track progress in
meeting any specified hiring goals.
(c) Selection and Priority.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that--
(1) are a high-need local educational agency, or are a
partnership between a State educational agency and a consortium
of high-need local educational agencies; and
(2) describe and set specific hiring goals towards
increasing the share of school nurses who are from
underrepresented populations in public health professions.
(d) Activities.--Grant funds awarded under this section shall be
used by an eligible entity to carry out one or more of the following
activities:
(1) Recruit and hire school nurses.
(2) Provide resources necessary to convert part-time school
nurse positions at elementary or secondary schools served by
the eligible entity into full-time school nurse positions.
(3) Support the retention of school nurses, including by
increasing salaries.
(4) Maintain recommended nurse-to-student ratios (as
determined by the Secretary by regulation).
(e) Reporting.--Each eligible entity awarded a grant under this
section shall submit to the Secretary an annual report for each year of
the grant award. Such report shall include--
(1) a summary of the eligible entity's progress in
employing at least one full-time registered nurse at each
elementary and secondary school served by the eligible entity
and maintaining recommended nurse-to-student ratios (as
determined by the Secretary by regulation);
(2) data on the number and percentage of full-time and
part-time school nurses, disaggregated by major racial and
ethnic groups and gender, employed at each elementary and
secondary school served by the eligible entity; and
(3) a summary of any progress made by the eligible entity
in addressing the health and wellness needs identified in the
needs assessment required under subsection (b)(2) as a result
of activities carried out with a grant under this section.
(f) Regulations Required.--Not later than 12 months after the date
of enactment of this section, the Secretary shall--
(1) in consultation with the Secretary of Health and Human
Services--
(A) specify in regulation the recommended nurse-to-
student ratios for elementary and secondary schools;
(B) provide for guidance and other technical
assistance to eligible entities with respect to
achieving and maintaining such ratios; and
(C) specify in regulation the definition of
``underrepresented populations in public health
professions'' for the purposes of this section; and
(2) in consultation with the Secretary of Health and Human
Services and the Secretary of Labor, specify in regulation the
definition of ``full-time'' with respect to school nurses for
the purposes of this section.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency; or
(B) a partnership between a State educational
agency and a consortium of local educational agencies
in the State, entered into for the purposes of a grant
under this section.
(2) High-need local educational agency.--The term ``high-
need local educational agency'' has the meaning given such term
in section 200 of the Higher Education Act of 1965 (20 U.S.C.
1021).
(3) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given such terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) School nurse.--The term ``school nurse'' means a
registered nurse who is employed by a school or local
educational agency or State or State educational agency and is
qualified under State law to provide assessment, diagnosis,
counseling, educational, therapeutic, and other health services
to meet student needs.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
<all>
</pre></body></html>
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118HR3050 | Fair Adjudications for Immigrants Act | [
[
"E000297",
"Rep. Espaillat, Adriano [D-NY-13]",
"sponsor"
],
[
"C001091",
"Rep. Castro, Joaquin [D-TX-20]",
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[
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"cos... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3050 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3050
To amend the Immigration and Nationality Act to alter the definition of
``conviction'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Espaillat (for himself, Mr. Castro of Texas, Ms. Norton, Ms.
Schakowsky, Mr. Grijalva, Mr. Bowman, Ms. Tokuda, Mr. McGovern, Mr.
Payne, Ms. Clarke of New York, Mr. Garcia of Illinois, Mrs. Cherfilus-
McCormick, Ms. Velazquez, Ms. Scanlon, Mr. Cardenas, Ms. Jayapal, Ms.
Titus, Ms. Omar, Ms. Lee of California, Mr. Takano, and Ms. Lee of
Pennsylvania) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to alter the definition of
``conviction'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Adjudications for Immigrants
Act''.
SEC. 2. EXPUNGEMENT AND SENTENCING.
(a) Definition of Conviction.--
(1) In general.--Section 101(a)(48) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(48)) is amended to read as
follows:
``(48)(A) The term `conviction' means a formal judgment of guilt
entered by a court.
``(B) The following may not be considered a conviction for purposes
of this Act:
``(i) An adjudication or judgment of guilt that has been
dismissed, expunged, deferred, annulled, invalidated, withheld,
vacated, or pardoned federally or by a State or locality,
including by the President of the United States or by a person
or agency authorized by State law to grant such pardon.
``(ii) Any adjudication in which the court has issued--
``(I) a judicial recommendation against removal;
``(II) an order of probation without entry of
judgment; or
``(III) any similar disposition.
``(iii) A judgment that is on appeal or is within the time
to file direct appeal.
``(C)(i) Unless otherwise provided, with respect to an offense, any
reference to a term of imprisonment or a sentence is considered to
include only the period of incarceration ordered by a court.
``(ii) Any such reference shall be considered to exclude any
portion of a sentence of which the imposition or execution was
suspended.''.
(2) Retroactive applicability.--The amendment made by this
subsection shall apply with respect to any conviction,
adjudication, or judgment entered before, on, or after the date
of the enactment of this Act.
(b) Judicial Recommendation Against Removal.--The grounds of
inadmissibility and deportability under sections 212(a)(2) and
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)
and 1227(a)(2)) shall not apply to an alien with a criminal conviction
if, after having provided notice and an opportunity to respond to the
prosecuting authorities, the sentencing court issues a recommendation
to the Secretary that the alien not be removed on the basis of the
conviction.
<all>
</pre></body></html>
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118HR3051 | Migrant Resettlement Transparency Act | [
[
"F000459",
"Rep. Fleischmann, Charles J. \"Chuck\" [R-TN-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3051 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3051
To require advance consultation with State and local officials and
monthly reports to Congress regarding the resettlement, transportation,
and relocation of aliens in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Fleischmann introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require advance consultation with State and local officials and
monthly reports to Congress regarding the resettlement, transportation,
and relocation of aliens in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migrant Resettlement Transparency
Act''.
SEC. 2. ADVANCE CONSULTATION WITH STATE AND LOCAL OFFICIALS AND MONTHLY
REPORTS TO CONGRESS REGARDING THE RESETTLEMENT,
TRANSPORTATION, AND RELOCATION OF ALIENS IN THE UNITED
STATES.
(a) Consultation Requirement.--Not later than 3 business days
before any resettlement, transportation, or relocation of non-detained
aliens in the United States that is directed, administered, or funded
by the Federal Government, the Secretary of Health and Human Services
(in the case of minors) or the Secretary of Homeland Security (in the
case of adults), as appropriate, shall consult with the governors and
municipal chief executives of the directly affected States and local
jurisdictions regarding the proposed resettlement, transportation, or
relocation.
(b) Reports Required.--Not later than 7 days after the date of the
enactment of this Act, and monthly thereafter, the Secretary of Health
and Human Services and the Secretary of Homeland Security, in
consultation with other appropriate Federal officials, shall--
(1) submit a State-specific report regarding the
resettlement, transportation, or relocation of non-detained
aliens in the United States during the previous month that was
directed, administered, or funded by the Federal Government or
that involved aliens subject to the U.S. Immigration and
Customs Enforcement's Alternatives to Detention program that
contains the information described in subsection (c) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives;
(D) the Committee on Appropriations of the House of
Representatives; and
(E) the governor of each of the affected States;
and
(2) make the report described in paragraph (1) available on
a publicly accessible website.
(c) Contents.--Each report under subsection (b) shall contain, with
respect to each State--
(1) the number of aliens resettled, transported, or
relocated during the previous month and the current calendar
year, disaggregated by--
(A) the numbers of single adults, members of family
units, and minors;
(B) age;
(C) sex; and
(D) country of origin;
(2) the methods used to determine the ages of such aliens;
(3) the methods used to verify the familial status of such
aliens;
(4) the types of settings in which such aliens are being
resettled, transported, or relocated, which may be aggregated
by the general type of setting;
(5) a summary of the educational or occupational resources
or assistance provided to such aliens;
(6) whether such aliens are granted permits to work and how
any such aliens without a work permit will financially support
themselves;
(7) the amounts and types of Federal resources spent on
alien resettlement, transportation, or relocation; and
(8) whether the aliens are being resettled, transported, or
relocated on a temporary or permanent basis, disaggregated by--
(A) the numbers of single adults, members of family
units, and minors;
(B) age;
(C) sex; and
(D) country of origin.
<all>
</pre></body></html>
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118HR3052 | To amend title 40, United States Code, to add certain counties to the definition of "Appalachian region". | [
[
"F000459",
"Rep. Fleischmann, Charles J. \"Chuck\" [R-TN-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3052 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3052
To amend title 40, United States Code, to add certain counties to the
definition of ``Appalachian region''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Fleischmann introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 40, United States Code, to add certain counties to the
definition of ``Appalachian region''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITION OF APPALACHIAN REGION.
Section 14102(a)(1)(K) of title 40, United States Code, is
amended--
(1) by inserting ``Hickman, Humphreys,'' after
``Hawkins,''; and
(2) by inserting ``Perry,'' after ``Overton,''.
<all>
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118HR3053 | No Taxpayer Funding for United Nations Green Climate Fund Act | [
[
"G000595",
"Rep. Good, Bob [R-VA-5]",
"sponsor"
],
[
"N000190",
"Rep. Norman, Ralph [R-SC-5]",
"cosponsor"
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"cosponsor"
],
[
"B001314",
"Rep. Bean, Aaron [R-FL-4]",
"cosponsor"
],
[
"L000596",
"Re... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3053 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3053
To prohibit contributions to the United Nations Green Climate Fund, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Good of Virginia (for himself, Mr. Norman, and Mr. Perry)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To prohibit contributions to the United Nations Green Climate Fund, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Taxpayer Funding for United
Nations Green Climate Fund Act''.
SEC. 2. PROHIBITION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of State--
(1) shall withhold from mandatory United States
contributions to the United Nations, in each fiscal year, an
amount that represents the same proportion to the total United
States contribution to the United Nations as the proportion of
the United Nations budget for such fiscal year that will be
made available to the United Nations Green Climate fund in that
fiscal year; and
(2) may not make any voluntary contribution to the United
Nations Green Climate Fund.
(b) Automatic Rescission.--Amounts withheld from contributions
pursuant to the prohibition under subsection (a)--
(1) shall, on the date on which the balance of such United
States contribution to the United Nations is made, be
rescinded; and
(2) may not be considered, on or after such date, to be
arrears to be repaid to the United Nations or to any entity of
the United Nations.
<all>
</pre></body></html>
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118HR3054 | To amend the Internal Revenue Code of 1986 to allow the child tax credit with respect to stillbirths. | [
[
"G000568",
"Rep. Griffith, H. Morgan [R-VA-9]",
"sponsor"
]
] | <p>This bill allows the child tax credit to be used for stillbirths. A <em>stillbirth</em> is delivery after the involuntary death of an unborn child who was carried in the womb for 20 weeks or more.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3054 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3054
To amend the Internal Revenue Code of 1986 to allow the child tax
credit with respect to stillbirths.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow the child tax
credit with respect to stillbirths.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CHILD TAX CREDIT ALLOWED WITH RESPECT TO STILLBIRTHS.
(a) In General.--Section 24(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(3) Special rules for stillbirths.--
``(A) In general.--In the case of a stillbirth--
``(i) the term `qualifying child' shall
include the unborn child referred to in
subparagraph (B) in the same manner as if the
death of such unborn child had occurred
immediately after delivery,
``(ii) subsection (a) shall be applied
without regard to the phrase `for which the
taxpayer is allowed a deduction under section
151' if the taxpayer would have been allowed
such deduction if the death of the unborn child
had occurred immediately after delivery,
``(iii) subsection (e)(1) shall not apply
if such unborn child would have been eligible
for the taxpayer identification number
described in such subsection if the death of
such unborn child had occurred immediately
after delivery, and
``(iv) subsection (h)(7) shall not apply if
such unborn child would have been eligible for
the social security number described in such
subsection if the death of such unborn child
had occurred immediately after delivery.
``(B) Stillbirth.--The term `stillbirth' means
delivery after the involuntary death of an unborn child
who was carried in the womb for 20 weeks or more.
``(C) Unborn child.--
``(i) In general.--The term `unborn child'
means a child in utero.
``(ii) Child in utero.--The term `child in
utero' means a member of the species homo
sapiens, at any stage of development, who is
carried in the womb.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
<all>
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118HR3055 | Improving Mental Health in Schools Act | [
[
"H001090",
"Rep. Harder, Josh [D-CA-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3055 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3055
To amend the Elementary and Secondary Education Act of 1965 to include
certain mental health professionals as specialized instructional
support personnel.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Harder of California 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 include
certain mental health professionals as specialized instructional
support personnel.
Be it enacted by the Senate 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 in Schools
Act''.
SEC. 2. SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.
Section 8101(47)(A)(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(47)(A)(i)) is amended by striking ``and
school psychologists'' and inserting ``school psychologists, and other
qualified mental health professionals involved in providing mental
health services for students, including marriage and family therapists,
licensed professional clinical counselors, licensed clinical social
workers, and clinical psychologists (including individuals completing
supervised postgraduate hours required to become a marriage and family
therapist, licensed professional clinical counselor, licensed clinical
social worker, or clinical psychologist)''.
<all>
</pre></body></html>
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118HR3056 | Research Advancing to Market Production for Innovators Act | [
[
"H001085",
"Rep. Houlahan, Chrissy [D-PA-6]",
"sponsor"
],
[
"B001306",
"Rep. Balderson, Troy [R-OH-12]",
"cosponsor"
],
[
"E000296",
"Rep. Evans, Dwight [D-PA-3]",
"cosponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3056 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3056
To improve commercialization activities in the SBIR and STTR programs,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Ms. Houlahan (for herself and Mr. Balderson) introduced the following
bill; which was referred to the Committee on Small Business, and in
addition to the Committees on Science, Space, and Technology, 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 improve commercialization activities in the SBIR and STTR 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 ``Research Advancing to Market
Production for Innovators Act''.
SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638) is amended--
(1) in subsection (g)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (16), by striking ``and'' at the
end;
(C) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) with respect to peer review carried out under the
SBIR program, to the extent practicable, include in the peer
review--
``(A) the likelihood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(2) in subsection (o)--
(A) in paragraph (4)(B)(i), by striking ``1 year''
and inserting ``180 days'';
(B) in paragraph (20), by striking ``and'' at the
end;
(C) in paragraph (21), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(22) with respect to peer review carried out under the
STTR program, to the extent practicable, include in the peer
review--
``(A) the likelhood of commercialization in
addition to scientific and technical merit and
feasibility; and
``(B) not less than 1 reviewer with
commercialization expertise who is capable of assessing
the likelihood of commercialization.'';
(3) in subsection (cc)--
(A) by striking ``During fiscal years 2012 through
2025, the National Institutes of Health, the Department
of Defense, and the Department of Education'' and
inserting the following:
``(1) In general.--During fiscal years 2024 through 2029,
each Federal agency with an SBIR or STTR program''; and
(B) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a
Federal agency under this subsection in a fiscal year shall
be--
``(A) except as provided in subparagraph (B), not
more than 10 percent of the total funds allocated to
the SBIR and STTR programs of the Federal agency during
that fiscal year; and
``(B) with respect to the National Institutes of
Health, not more than 15 percent of the total funds
allocated to the SBIR and STTR programs of the National
Institutes of Health during that fiscal year.
``(3) Extension.--During fiscal years 2028 and 2029, each
Federal agency with an SBIR or STTR program may continue phase
flexibility as described in this subsection only if the reports
required under subsection (tt)(1) have been submitted to the
appropriate committees.'';
(4) in subsection (hh)(2)(A)(i), by inserting ``application
process and requirements'' after ``simplified and
standardized''; and
(5) by adding at the end the following:
``(yy) Technology Commercialization Official.--Each Federal agency
participating in the SBIR or STTR program shall designate a Technology
Commercialization Official in the Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees
in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with
sufficient technology and commercialization readiness to
advance to Phase III awards or other non-SBIR or STTR program
contracts;
``(4) coordinate with the Technology Commercialization
Officials of other Federal agencies to identify additional
markets and commercialization pathways for promising SBIR and
STTR program technologies;
``(5) submit to the Administration an annual report on the
number of technologies from the SBIR or STTR program that have
advanced commercialization activities, including information
required in the commercialization impact assessment under
subsection (aaa);
``(6) submit to the Administration an annual report on
actions taken by the Federal agency, and the results of those
actions, to simplify, standardize, and expedite the application
process and requirements, procedures, and contracts as required
under subsection (hh) and described in subsection (aaa)(1)(E);
and
``(7) carry out such other duties as the Federal agency
determines necessary.''.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives summarizing the metrics relating to and an evaluation
of the authority provided under section 9(cc) of the Small Business
Act, as amended by subsection (a), which shall include the size and
location of the small business concerns receiving awards under the SBIR
or STTR program.
SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE;
COMMERCIALIZATION IMPACT ASSESSMENT; PATENT ASSISTANCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
section 2, is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``may enter into an
agreement with 1 or more vendors selected under
paragraph (2)(A)'' and inserting ``shall
authorize recipients of awards under the SBIR
or STTR program to select, if desired,
commercialization activities provided under
subparagraph (A), (B), or (C) of paragraph
(2)''; and
(ii) by inserting ``, cybersecurity
assistance'' after ``intellectual property
protections'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Staff.--A small business concern may, by
contract or otherwise, use funding provided under this
section to hire new staff, augment staff, or direct
staff to conduct or participate in training activities
consistent with the goals listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) Phase i.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase I
SBIR or STTR award to utilize not more than $6,500 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in
paragraph (1) shall authorize a recipient of a Phase II
SBIR or STTR award to utilize not more than $50,000 per
project, included as part of the award of the recipient
or in addition to the amount of the award of the
recipient as determined appropriate by the head of the
Federal agency, for the services described in paragraph
(1)--
``(i) provided through a vendor selected
under paragraph (2)(A);
``(ii) provided through a vendor other than
a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities
described in paragraph (2)(C); or
``(iv) provided or achieved through any
combination of clauses (i), (ii), and (iii).'';
and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform
targeted reviews of technical and business assistance funding
as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(zz) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to
conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-
Corps teams course by recipients of an award under the
SBIR or STTR program; and
``(B) authorize the recipients described in
subparagraph (A) to use an award provided under
subsection (q) to provide additional technical
assistance for participation in the I-Corps teams
course.
``(2) Cost of participation.--The cost of participation by
a recipient described in paragraph (1)(A) in an I-Corps course
may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under
subsection (q);
``(C) the participating teams or other sources as
appropriate; or
``(D) any combination of sources described in
subparagraphs (A), (B), and (C).
``(aaa) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with
each Federal agency with an SBIR or STTR program to develop an
annual commercialization impact assessment report of the
Federal agency, which shall measure, for the 5-year period
preceding the report--
``(A) for Phase II contracts--
``(i) the total amount of sales of new
products and services to the Federal Government
or other commercial markets;
``(ii) the total outside investment from
partnerships, joint ventures, or other private
sector funding sources;
``(iii) the total number of technologies
licensed to other companies;
``(iv) the total number of acquisitions of
small business concerns participating in the
SBIR program or the STTR program that are
acquired by other entities;
``(v) the total number of new spin-out
companies;
``(vi) the total outside investment from
venture capital or angel investments;
``(vii) the total number of patent
applications;
``(viii) the total number of patents
acquired;
``(ix) the year of first Phase I award and
the total number of employees at time of first
Phase I award;
``(x) the total number of employees from
the preceding completed year; and
``(xi) the percent of revenue, as of the
date of the report, generated through SBIR or
STTR program funding;
``(B) the total number and value of subsequent
Phase II awards, as described in subsection (bb),
awarded for each particular project or technology;
``(C) the total number and value of Phase III
awards awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and
STTR program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the
results of those actions, relating to developing a
simplified and standardized application process and
requirements, procedures, and model contracts
throughout the Federal agency for Phase I, Phase II,
and Phase III SBIR program awards in subsection (hh).
``(2) Publication.--A commercialization impact assessment
report described in paragraph (1) of a Federal agency shall
be--
``(A) included in the annual report of the Federal
agency required under this section; and
``(B) published on the website of the
Administration.
``(bbb) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Under Secretary
of Commerce for Intellectual Property and Director of
the USPTO; and
``(B) the term `USPTO' means the United States
Patent and Trademark Office.
``(2) Assistance.--
``(A) In general.--The Administrator shall enter
into an interagency agreement with the Director under
which the Director shall assist recipients of an award
under the SBIR or STTR program (in this paragraph
referred to as `SBIR and STTR recipients') relating to
intellectual property protection by establishing a
prioritized patent examination program for SBIR and
STTR recipients.
``(B) Program details.--The program established by
the Director under subparagraph (A) shall have the
following characteristics:
``(i) The program shall incorporate all
existing (as of the date on which the Director
establishes the program) benefits under the
procedures for prioritized examination
described in section 11(h) of the Leahy-Smith
America Invents Act (35 U.S.C. 41 note).
``(ii) Under the program, with respect to
prioritized examination, an SBIR or STTR
recipient shall not be required to pay any
prioritized examination fee or processing fee
otherwise required under section 11(h) of the
Leahy-Smith America Invents Act (35 U.S.C. 41
note).
``(iii) Under the program, the Director
shall ensure that, of the total number of
requests for prioritized examination accepted
by the USPTO in a fiscal year, the greater of
the following shall be reserved for prioritized
examinations for SBIR and STTR recipients:
``(I) 5 percent of the total number
of such requests that may be accepted
during that fiscal year.
``(II) 500 requests for prioritized
examination.
``(iv) Under the program, the Director may
not grant more than 2 prioritized examination
requests to any individual recipient.
``(v) Under the program, the Director may
increase the number of requests for prioritized
examination that may be accepted in any fiscal
year (as described in section 1.102(e) of title
37, Code of Federal Regulations, or any
successor regulation) by the number determined
under clause (iii) for that fiscal year.
``(C) Rules.--The Director shall issue rules to
carry out the prioritized patent examination program
established under this paragraph.
``(3) Outreach.--The Administrator shall coordinate with
the Director to provide outreach regarding the Pro Se
Assistance Program of, and scam prevention services provided
by, the USPTO.''.
<all>
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118HR3057 | Scope 3 Act | [
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3057 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3057
To provide that under the securities laws certain disclosures related
to scope 3 greenhouse-gas emissions may not be required.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Jackson of Texas (for himself, Mr. Vicente Gonzalez of Texas, Mr.
Nehls, Mr. Donalds, Mr. Sessions, Ms. De La Cruz, Mr. Crawford, Mr.
Feenstra, Mrs. Miller of Illinois, Mr. Moore of Alabama, Mrs. Chavez-
DeRemer, Mr. McCaul, Mr. Crenshaw, Mr. Pfluger, Mr. Hunt, and Mr. Self)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To provide that under the securities laws certain disclosures related
to scope 3 greenhouse-gas emissions may not be required.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scope 3 Act''.
SEC. 2. SCOPE 3 GREENHOUSE-GAS EMISSIONS DISCLOSURES.
Under the securities laws (as such term is defined in section
3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c)), an
issuer may not be required to disclose or otherwise provide information
with respect to the greenhouse-gas emissions or consumption of the
value chain of such issuer (commonly known as ``Scope 3 emissions'').
<all>
</pre></body></html>
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118HR3058 | Recruiting Families Using Data Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3058
To amend parts B and E of title IV of the Social Security Act to
improve foster and adoptive parent recruitment and retention, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Kildee (for himself, Mr. Feenstra, Mrs. Cherfilus-McCormick, and
Mr. Bacon) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend parts B and E of title IV of the Social Security Act to
improve foster and adoptive parent recruitment and retention, 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 ``Recruiting Families Using Data Act
of 2023''.
SEC. 2. STATE PLAN AMENDMENT.
(a) In General.--Section 422 of the Social Security Act (42 U.S.C.
622) is amended--
(1) in subsection (b)(7), by inserting ``through the
development and implementation of a family partnership plan
which meets the requirements of subsection (d) for
identification, recruitment, screening, licensing, support, and
retention of foster and adoptive families'' after ``are
needed''; and
(2) by adding at the end the following:
``(d) Family Partnership Plan Requirements.--For purposes of
subsection (b)(7), the requirements for a family partnership plan (in
this subsection referred to as the `plan') are the following:
``(1) The plan is developed in consultation with birth,
kinship, foster and adoptive families, community-based service
providers, technical assistance providers, and youth with lived
experience with foster care and adoption.
``(2) The plan describes--
``(A) how the State plans to identify, notify,
engage, and support relatives (and others connected to
the child) as potential placement resources for
children;
``(B) how the State plans to develop and implement
child-specific recruitment plans for every child in or
entering foster care who needs a foster or adoptive
family;
``(C) how the State plans to authentically engage
children and youth in recruitment efforts on their
behalf;
``(D) how the State plans to use data to establish
goals, assess needs, measure progress, reduce
unnecessary placements in congregate care, increase
permanency, improve placement stability, increase the
rate of kinship placements, improve recruitment and
retention of families for teens, sibling groups, and
other special populations, and align the composition of
foster and adoptive families with the needs of children
in or entering foster care; and
``(E) how that State will stand up or support
foster family advisory boards for the purpose of
improving recruitment and retention of foster and
adoptive families.
``(3) The plan provides that, not less than annually, the
State shall collect and report on the State's actual foster
family capacity and congregate care utilization, including the
number, demographics, and characteristics of licensed foster
families, including prospective adoptive families, the number
of such families that haven't received a placement or are not
being fully utilized and the reasons therefor, and the number,
demographics, and characteristics of children placed in
congregate care in-State and out-of-State.
``(4) The plan includes, and shall update not less than
annually, a summary of the most recent feedback from foster and
adoptive parents and youth regarding licensure, training,
support, and reasons why parents stop fostering or why adoptive
or legal guardianship placements out of foster care fail or
foster and such adoptive of legal guardianship families
struggle to meet children's needs.
``(5) The plan includes, and shall update annually, a
report on the State's analysis of specific challenges or
barriers to recruiting, licensing, and utilizing families who
reflect the racial and ethnic background of children in foster
care in the State, and the State's efforts to overcome those
challenges and barriers.
``(6) The plan includes such other information relating to
foster and adoptive parent recruitment and retention as the
Secretary may require.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this subsection shall take effect on October
1, 2024.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under subpart 1 of part B of
title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the
plan to meet the additional requirements imposed by this
subsection, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
subsection. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature.
SEC. 3. INCLUSION OF INFORMATION ON FOSTER AND ADOPTIVE FAMILIES IN
ANNUAL CHILD WELFARE OUTCOMES REPORT TO CONGRESS.
Section 479A(a) of the Social Security Act (42 U.S.C. 679b(a)) is
amended--
(1) in paragraph (6)(C), by striking ``and'' after the
semicolon;
(2) in paragraph (7)(B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) include in the report submitted pursuant to paragraph
(5) for fiscal year 2025 or any succeeding fiscal year--
``(A) State-by-State data on the number,
demographics, and characteristics of foster and
adoptive families in the State, and the number of
potential foster and adoptive families not being
utilized in the State and the reasons why;
``(B) a summary of the challenges of, and barriers
to, being a foster or adoptive parent, including with
respect to recruitment, licensure, engagement,
retention, and why parents stop fostering, adoptions
disrupt or dissolve, or foster or adoptive families
struggle, as reported by States based on surveys of
foster and adoptive parents; and
``(C) a summary of the challenges and barriers
States reported on efforts to recruit a pool of
families that reflect the racial and ethnic background
of children in foster care in the State, and efforts to
overcome those barriers.''.
<all>
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118HR3059 | Resilient Airports Act | [
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[
"G000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3059 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3059
To amend title 49, United States Code, to define critical airport
infrastructure, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Kilmer (for himself, Mr. Blumenauer, and Mr. LaMalfa) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to define critical airport
infrastructure, 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 ``Resilient Airports Act''.
SEC. 2. AIRPORT IMPROVEMENT DEFINITIONS.
Section 47102 of title 49, United States Code, is amended--
(1) in paragraph (3) by adding at the end the following:
``(S) improvement of any critical airport
infrastructure at a general aviation airport that is--
``(i) a nonhub, small hub, medium hub, or
large hub airport to increase resilience for
the purpose of resuming flight operations under
visual flight rules following a natural
disaster; or
``(ii) identified as a Federal staging area
or Incident Support Base in a plan that is part
of the National Preparedness Goal and National
Preparedness System established by the Post-
Katrina Emergency Management Reform Act and
described by Presidential Policy Directive 8
and/or predetermined as a staging location
within a Department of Homeland Security,
Federal Emergency Management Agency, Emergency
Management Performance Grant recipient's
approved Distribution Management Plan Annex to
their existing Emergency Operations Plan for
the purpose of resuming flight operations under
visual flight rules following a natural
disaster.'';
(2) by redesignating paragraphs (14), (15), (16), (17),
(18), (19), (20), (21), (22), (23), (24), (26), (27), and (28)
as paragraphs (16), (17), (18), (19), (20), (21), (22), (23),
(24), (25), (27), (28), (29), and (30), respectively;
(3) by redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (9), (10), (11), (12), (13), and (14),
respectively;
(4) by inserting after paragraph (14), as so redesignated,
the following:
``(15) `natural disaster' means earthquake, flooding, high
water, wildfires, hurricane, storm surge, tidal wave, tornado,
tsunami, or wind driven water.''; and
(5) by inserting after paragraph (7) the following:
``(8) `critical airport infrastructure' means runways,
taxiways, and aprons necessary to sustain either--
``(A) commercial service flight operations; or
``(B) flight operations at a general aviation
airport that is identified as a Federal staging area or
Incident Support Base in a plan that is part of the
National Preparedness Goal and National Preparedness
System established by the Post-Katrina Emergency
Management Reform Act and described by Presidential
Policy Directive 8 and/or predetermined as a staging
location within a Department of Homeland Security,
Federal Emergency Management Agency, Emergency
Management Performance Grant recipient's approved
Distribution Management Plan Annex to their existing
Emergency Operations Plan.''.
<all>
</pre></body></html>
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118HR306 | Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023 | [
[
"T000488",
"Rep. Thanedar, Shri [D-MI-13]",
"sponsor"
]
] | <p><b>Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2023 </b></p> <p>This bill requires a bankruptcy court to grant a debtor attorney's fees and the costs of the proceeding if (1) the debtor's student loan debt is discharged on the basis of undue hardship, and (2) the court finds that the creditor's position was not substantially justified. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 306 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 306
To amend title 11 of the United States Code to stop abusive student
loan collection practices in bankruptcy cases.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Thanedar introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 11 of the United States Code to stop abusive student
loan collection practices in bankruptcy cases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Abusive Student Loan
Collection Practices in Bankruptcy Act of 2023''.
SEC. 2. AMENDMENT.
Section 523(d) of title 11 of the United States Code is amended by
striking ``of this section'' and inserting ``or the debtor requests a
determination of the dischargeability of a debt based on undue hardship
under subsection (a)(8)''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendment made by this Act shall take effect on the date of the
enactment of this Act.
(b) Application of Amendment.--The amendment made by this Act shall
apply only with respect to cases commenced under title 11 of the United
States Code on or after the date of the enactment of this Act.
<all>
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118HR3060 | ABC Act of 2023 | [
[
"K000394",
"Rep. Kim, Andy [D-NJ-3]",
"sponsor"
],
[
"B001309",
"Rep. Burchett, Tim [R-TN-2]",
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] | <p><b>Access Business Credit Act of 2023</b> <b>or the ABC Act of 2023</b></p> <p>This bill excludes from the gross income of certain banks, for income tax purposes, interest received on small business loans of up to $5 million. The exclusion does not apply to interest received after 2027.</p> <p>The bill applies to loans that are (1) secured by land situated in the United States that is used or held by the small business in connection with the active conduct of a farming business, or (2) incurred in the ordinary course of the trade or business of the small business. </p> <p>To be eligible for the exclusion, a bank must have less than $50 billion in assets at the close of the preceding taxable year.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3060 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3060
To amend the Internal Revenue Code of 1986 to provide an exclusion from
gross income for interest on certain small business loans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Kim of New Jersey (for himself and Mr. Burchett) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide an exclusion from
gross income for interest on certain small business loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access Business Credit Act of 2023''
or as the ``ABC Act of 2023''.
SEC. 2. EXCLUSION OF INTEREST ON CERTAIN SMALL BUSINESS LOANS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139I the following new section:
``SEC. 139J. INTEREST ON CERTAIN SMALL BUSINESS LOANS.
``(a) In General.--In the case of a bank described in subsection
(c), gross income shall not include qualified interest received from a
small business during the taxable year.
``(b) Qualified Interest.--The term `qualified interest' means,
with respect to a small business, interest on indebtedness of not more
than $5,000,000--
``(1) secured by land situated in the United States that is
used or held by the small business in connection with the
active conduct of a farming business, or
``(2) incurred in the ordinary course of the trade or
business of the small business.
``(c) Bank Described.--
``(1) In general.--A bank is described in this subsection
if the bank has less than $50,000,000,000 in assets at the
close of the preceding taxable year.
``(2) Bank defined.--For purposes of this subsection--
``(A) In general.--The term `bank' means--
``(i) any financial institution described
in section 581 or 591, and
``(ii) a corporation which, under the laws
of the State of its incorporation, is subject
to supervision and examination by the
Commissioner of Banking or other officer of
such State in charge of the administration of
the banking laws of such State.
``(B) Holding company.--The term `bank' includes--
``(i) any bank holding company (within the
meaning of section 2(a) of the Bank Holding
Company Act of 1956), and
``(ii) any subsidiary of a financial
institution described in section 581 or 591 or
of any bank holding company if such subsidiary
is predominantly engaged (directly or
indirectly) in the active conduct of a banking,
financing, or similar business.
``(d) Small Business.--The term `small business' means a small
business concern as defined under section 3 of the Small Business Act
(15 U.S.C. 632).
``(e) Farming Business.--The term `farming business' has the
meaning given such term by section 263A(e)(4).
``(f) Termination.--This section shall not apply to interest
received after December 31, 2027.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139I the following new item:
``Sec. 139J. Interest on certain small business loans.''.
(c) Report to Congress.--Not later than December 31, 2025, the
Commissioner of Internal Revenue, after consultation with the Federal
reserve banks, shall submit to Congress a written report providing the
recommendation of the Commissioner regarding whether the exclusion
provided under section 139J of the Internal Revenue Code of 1986 (as
added by this section) should be extended or should be allowed to
terminate and the reasons for such recommendation.
(d) Effective Date.--The amendments made by this section shall
apply to interest received after December 31, 2022, in taxable years
ending after such date.
<all>
</pre></body></html>
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