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118S1003
FAST Fix Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1003 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1003 To modify the Federal and State Technology Partnership Program of the Small Business Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Risch (for himself, Ms. Rosen, Mr. Hoeven, Mr. Crapo, Mrs. Capito, Ms. Cortez Masto, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship _______________________________________________________________________ A BILL To modify the Federal and State Technology Partnership Program of the Small Business Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FAST Fix Act of 2023''. SEC. 2. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM. Section 34 of the Small Business Act (15 U.S.C. 657d) is amended-- (1) in subsection (a), by adding at the end the following: ``(11) Underperforming state.--The term `underperforming State' means a State participating in the SBIR or STTR program that has been calculated by the Administrator to be one of 18 States receiving the fewest SBIR and STTR Phase I awards.''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) in subparagraph (E)-- (I) in clause (iii), by striking ``and'' at the end; (II) in clause (iv), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(v) to prioritize applicants located in an underperforming State.''; (B) in paragraph (2)(B)(vi)-- (i) in subclause (II), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(IV) located in an underperforming State; and''; (C) in paragraph (3), by striking ``Not more than one proposal'' and inserting ``There is no limit on the number of proposals that''; and (D) by adding at the end the following: ``(6) Additional assistance for underperforming states.-- Upon application by a recipient that is located in an underperforming State, the Administrator may-- ``(A) provide additional assistance to the recipient; and ``(B) waive the matching requirements under subsection (e)(2).''; (3) in subsection (e)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) by inserting ``and STTR'' before ``first phase'' each place that term appears; (II) in clause (i), by striking ``50'' and inserting ``25''; and (III) in clause (iii), by striking ``75'' and inserting ``50''; (ii) in subparagraph (D), by striking ``, beginning with fiscal year 2001'' and inserting ``and make publicly available on the website of the Administration, beginning with fiscal year 2023''; and (iii) by adding at the end the following: ``(E) Payment.--The non-Federal share of the cost of an activity carried out by a recipient may be paid by the recipient over the course of the period of the award or cooperative agreement.''; and (B) by adding at the end the following: ``(4) Amount of award.--In carrying out the FAST program under this section-- ``(A) the Administrator shall make and enter into awards or cooperative agreements; ``(B) each award or cooperative agreement described in subparagraph (A) shall be for not more than $500,000, which shall be provided over 2 fiscal years; and ``(C) any amounts left unused in the third quarter of the second fiscal year may be retained by the Administrator for future FAST program awards. ``(5) Reporting.--Not later than 6 months after receiving an award or entering into a cooperative agreement under this section, a recipient shall report to the Administrator-- ``(A) the number of awards made under the SBIR or STTR program; ``(B) the number of applications submitted for the SBIR or STTR program; ``(C) the number of consulting hours spent; ``(D) the number of training events conducted; and ``(E) any issues encountered in the management and application of the FAST program.''; (4) in subsection (f)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``Small Business Innovation Research Program Reauthorization Act of 2000'' and inserting ``FAST Fix Act of 2023''; and (II) by inserting ``and Entrepreneurship'' before ``of the Senate''; (ii) in subparagraph (B), by striking ``and'' at the end; (iii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(D) a description of the process used to ensure that underperforming States are given priority application status under the FAST program.''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Annual'' and inserting ``Biennial''; (ii) in the matter preceding subparagraph (A), by striking ``an annual'' and inserting ``a biennial''; (iii) in subparagraph (B), by striking ``and'' at the end; (iv) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: ``(D) the proportion of awards provided to and cooperative agreements entered into with underperforming States; and ``(E) a list of the States that were determined by the Administrator to be underperforming States, and a description of any changes in the list compared to previously submitted reports.''; (5) in subsection (g)(2)-- (A) by striking ``2004'' and inserting ``2023''; and (B) by inserting ``and Entrepreneurship'' before ``of the Senate''; and (6) in subsection (h)(1), by striking ``$10,000,000 for each of fiscal years 2001 through 2005'' and inserting ``$20,000,000 for every 2 fiscal years between fiscal years 2023 through 2027, to be obligated before the end of the second fiscal year''. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S1004
Student Loan Tax Elimination Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ], [ "V000128", "S...
<p><b>Student Loan Tax Elimination Act</b></p> <p>This bill eliminates the origination fee on federal student loans. Origination fees are the fees lenders charge for processing new loan applications.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1004 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1004 To amend the Higher Education Act of 1965 to eliminate origination fees on Federal Direct loans. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Braun (for himself, Ms. Sinema, Ms. Warren, Mr. Hawley, Mr. Van Hollen, Mr. Coons, Mr. Kaine, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to eliminate origination fees on Federal Direct 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 ``Student Loan Tax Elimination Act''. SEC. 2. ELIMINATION OF ORIGINATION FEES ON FEDERAL DIRECT LOANS. (a) Repeal of Origination Fees.--Subsection (c) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is repealed. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for which the first disbursement of principal is made, or, in the case of a Federal Direct Consolidation Loan, the application is received, on or after March 27, 2022. &lt;all&gt; </pre></body></html>
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118S1005
Weatherization Assistance Program Improvements Act of 2023
[ [ "R000122", "Sen. Reed, Jack [D-RI]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1005 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1005 To amend the Energy Conservation and Production Act to improve the weatherization assistance program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Reed (for himself, Ms. Collins, Mr. Coons, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Energy Conservation and Production Act to improve the weatherization assistance 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 ``Weatherization Assistance Program Improvements Act of 2023''. SEC. 2. WEATHERIZATION ASSISTANCE PROGRAM. (a) Weatherization Readiness Fund.--Section 414 of the Energy Conservation and Production Act (42 U.S.C. 6864) is amended by adding at the end the following: ``(d) Weatherization Readiness Fund.-- ``(1) In general.--The Secretary shall establish a fund, to be known as the `Weatherization Readiness Fund', from which the Secretary shall distribute funds to States receiving financial assistance under this part, in accordance with subsection (a). ``(2) Use of funds.-- ``(A) In general.--A State receiving funds under paragraph (1) shall use the funds for repairs to dwelling units described in subparagraph (B) that will remediate the applicable structural defects or hazards of the dwelling unit so that weatherization measures may be installed. ``(B) Dwelling unit.--A dwelling unit referred to in subparagraph (A) is a dwelling unit occupied by a low-income person that, on inspection pursuant to the program under this part, was found to have significant defects or hazards that prevented the installation of weatherization measures under the program. ``(3) Authorization of appropriations.--In addition to amounts authorized to be appropriated under section 422, there is authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection.''. (b) State Average Cost Per Unit.-- (1) In general.--Section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) in the first sentence, by striking ``$6,500'' and inserting ``$12,000''; and (II) by striking ``(c)(1) Except as provided in paragraphs (3) and (4)'' and inserting the following: ``(c) Financial Assistance.-- ``(1) In general.--Except as provided in paragraphs (3), (4), and (6)''; (ii) by conforming the margins of subparagraphs (A) through (D) to the margin of subparagraph (E); (iii) in subparagraph (D), by striking ``, and'' and inserting ``; and''; and (iv) in subparagraph (E), by adding a period at the end; (B) in paragraph (2), in the first sentence, by striking ``weatherized (including dwelling units partially weatherized)'' and inserting ``fully weatherized''; (C) in paragraph (4), by striking ``$3,000'' and inserting ``$6,000''; (D) in paragraph (5)-- (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and inserting ``(7)(A)(ii)''; and (ii) by striking ``(6)(A)(i)(I)'' each place it appears and inserting ``(7)(A)(i)(I)''; (E) by redesignating paragraph (6) as paragraph (7); and (F) by inserting after paragraph (5) the following: ``(6) Limit increase.--The Secretary may increase the amount of financial assistance provided per dwelling unit under this part beyond the limit specified in paragraph (1) if the Secretary determines that market conditions require such an increase to achieve the purposes of this part.''. (2) Conforming amendment.--Section 414D(b)(1)(C) of the Energy Conservation and Production Act (42 U.S.C. 6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and inserting ``415(c)(7)''. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S1006
A bill to direct the Secretary of State to submit to Congress a report on implementation of the advanced capabilities pillar of the trilateral security partnership between Australia, the United Kingdom, and the United States.
[ [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1006 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1006 To direct the Secretary of State to submit to Congress a report on implementation of the advanced capabilities pillar of the trilateral security partnership between Australia, the United Kingdom, and the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To direct the Secretary of State to submit to Congress a report on implementation of the advanced capabilities pillar of the trilateral security partnership between Australia, the United Kingdom, and the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPLEMENTATION OF THE ADVANCED CAPABILITIES PILLAR OF THE TRILATERAL SECURITY PARTNERSHIP BETWEEN AUSTRALIA, THE UNITED KINGDOM, AND THE UNITED STATES. (a) Sense of Congress.--It is the sense of Congress that-- (1) the enhanced trilateral security partnership between Australia, the United Kingdom, and the United States (in this section referred to as the ``AUKUS partnership'') is intended to positively contribute to peace and stability in the Indo- Pacific region through enhanced deterrence; (2) to this end, implementation of the AUKUS partnership will require a whole-of-government review of processes and procedures for Australia, the United Kingdom, and the United States to benefit from such partnership and, in particular, to support joint development of advanced capabilities; (3) the Department of State plays a pivotal role in the administration of arms exports and sales programs under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.); (4) the Department of State should work in coordination with the Department of Defense and other relevant United States Government agencies to seek to expeditiously implement the AUKUS partnership; and (5) the Department of State, in coordination with the Department of Defense, should clearly communicate any United States requirements to address matters related to the technology security and export control measures of Australia and the United Kingdom. (b) Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on efforts of the Department of State to implement the advanced capabilities pillar of the AUKUS partnership. (2) Matters to be included.--The report required by paragraph (1) shall include the following: (A) For each of the calendar years 2021 and 2022-- (i) the average and median times for the United States Government to review applications for licenses to export defense articles or defense services to persons, corporations, and the governments (including agencies and subdivisions of such governments, including official missions of such governments) of Australia or the United Kingdom; (ii) the average and median times for the United States Government to review applications from Australia and the United Kingdom for foreign military sales beginning from the date Australia or the United Kingdom submitted a letter of request that resulted in a letter of acceptance; and (iii) the number of applications from Australia and the United Kingdom for licenses to export defense articles and defense services that were denied or approved with provisos, listed by year. (B) For each of the fiscal years 2017, 2018, 2019, 2020, 2021, and 2022, the number of voluntary disclosures resulting in a violation of the International Traffic in Arms Regulations (ITAR) enumerated under section 40 of the Arms Export Control Act (22 U.S.C. 2780) or involving proscribed countries listed in section 126.1 of the ITAR, by persons, corporations, and the governments (including agencies and subdivisions of such governments, including official missions of such governments) of Australia or the United Kingdom, including information with respect to-- (i) any instance of unauthorized access to technical data or defense articles; (ii) inadequate physical or cyber security; (iii) retransfers or re-exports without authorization; and (iv) employees of foreign companies that are United States persons that provide defense services without authorization. (C) The value of any civil penalties assessed from 2017 to 2022 for disclosures or violations described in subparagraph (B) on United States applicants that involved foreign persons, foreign corporations, and foreign governments in the United Kingdom or Australia. (D) A list of relevant United States laws, regulations, and treaties and other international agreements to which the United States is a party that govern authorizations to export defense articles or defense services that are required to implement the AUKUS partnership. (E) An assessment of key recommendations the United States Government has provided to the governments of Australia and the United Kingdom to revise laws, regulations, and policies of such countries that are required to implement the AUKUS partnership. (F) An assessment of recommended improvements to export control laws and regulations of Australia, the United Kingdom, and the United States that such countries should make to implement the AUKUS partnership and to otherwise meet the requirements of section 38(j)(2) of the Arms Export Control Act (22 U.S.C. 2778(j)(2)), and the challenges Australia and the United Kingdom have conveyed in meeting these requirements including with respect to sensitive defense technology security controls. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S1007
International Human Rights Defense Act of 2023
[ [ "M000133", "Sen. Markey, Edward J. [D-MA]", "sponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1007 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1007 To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTQI+ Peoples, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Markey (for himself, Mr. Cardin, Mrs. Feinstein, Mr. Hickenlooper, Ms. Baldwin, Mr. Whitehouse, Ms. Stabenow, Mr. Carper, Ms. Smith, Ms. Hassan, Ms. Cantwell, Mr. Kaine, Mr. Murphy, Mr. Menendez, Mr. Welch, Mr. Van Hollen, Mr. Kelly, Mr. Sanders, Mr. Padilla, Mrs. Murray, Ms. Klobuchar, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBTQI+ Peoples, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``International Human Rights Defense Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Around the world, LGBTQI+ people face violence, stigma, and discrimination based on their sexual orientation, gender identity, or sex characteristics. (2) Sixty-seven countries have national laws that criminalize same-sex relations and at least 42 United Nations member states have legal barriers for freedom of expression on issues related to sexual and gender diversity. That is equal to roughly 35 percent of United Nations member states. (3) Eleven countries have jurisdictions in which the death penalty can be imposed for private, consensual same-sex sexual activity. (4) Despite recent progress made toward decriminalization, marriage equality, and legal gender recognition, several countries have introduced anti-LGBTQI+ pieces of legislation that would further criminalize or stigmatize LGBTQI+ peoples. This includes a draconian law under review in Ghana that would outlaw LGBTQI+ relationships or identities, as well as actions by community allies, and bills that ban so-called LGBTQI+ ``propaganda'', such as those in Russia and Hungary. (5) In anti-LGBTQI+ prosecutions, law enforcement officials, working in tandem with medical personnel, use the forensically discredited practice of forced anal exams to try to prove same-sex sexual activity or otherwise to torture or intimidate detainees. The United Nations Special Rapporteur on Torture has described forced anal examinations as a form of torture or cruel, inhuman, and degrading treatment and the United Nations Office of the High Commissioner for Human Rights issued a report in 2015 calling for governments to ban the practice. Human Rights Watch has documented several cases in which forced anal examinations have been used to sentence individuals for same-sex sexual conduct, including in Uzbekistan and Egypt. (6) The closing of civil society space, particularly with the increased passage or enforcement of laws that prevent the registration or operations of nongovernmental organizations, discriminates against LGBTQI+ human rights defenders and is a violation of freedom of association. This includes the wrongful closure of Sexual Minorities Uganda (SMUG), a leading nongovernmental organization committed to protecting and advancing the human rights of LGBTQI+ individuals in Uganda. (7) Extreme violence and insecurity in El Salvador, Nicaragua, Guatemala, and Honduras has driven LGBTQI+ people to flee their countries of origin to the United States for protection. At the United States border with Mexico, LGBTQI+ asylum seekers face additional violence and many have been returned to face persecution in their home countries or in third countries that are not safe. (8) Studies have shown that structural risks, including country-level policies, prosecutions, and legal barriers, might contribute to higher HIV prevalence among LGBTQI+ people, especially gay, bisexual, and other men who have sex with men. Decriminalization, decreasing enforcement, and stigma reduction are necessary to effective control of HIV. (9) The Trans Murder Monitoring Project, which monitors homicides of transgender individuals, documented at least 327 trans and gender-diverse people killed between October 1, 2021, and September 30, 2022. Of these cases, 68 percent of all of the murders occurred in Latin America and the Caribbean, with 29 percent of the total occurring in Brazil. (10) Intersex people experience prejudice and discrimination, including the common performance of medically unnecessary surgeries without their consent or approval, because their bodies do not conform to other people's expectations about sex and gender. (11) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State's annual Country Reports on Human Rights Practices. The report covering 2021 continues to show a clear pattern of human rights violations or abuses in every region of the world based on sexual orientation, gender identity, or sex characteristics. These violations or abuses include murder, rape, torture, death threats, extortion, and imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The reports further document LGBTQI+-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world. (12) On December 6, 2011, President Barack Obama released the ``Presidential Memorandum--International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons''. The memorandum directed all Federal agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBT persons. (13) On February 4, 2021, President Joe Biden issued a similar memorandum, the ``Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World'', to promote and protect the human rights of LGBTQI+ persons and establish that it is the ``policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world''. (14) On February 23, 2015, Secretary of State John Kerry appointed senior diplomat Randy Berry as the Department of State's first-ever Special Envoy for the Human Rights of LGBTI Persons. No person was named to that position during the Trump Administration. (15) On June 25, 2021, President Joe Biden announced the appointment of Jessica Stern to serve as the United States Special Envoy to Advance the Human Rights of LGBTQI+ Persons. She joined the Department of State on September 27, 2021. (16) On June 30, 2016, the United Nations Human Rights Council passed a resolution cosponsored by the United States that established an Independent Expert on violence and discrimination based on sexual orientation and gender identity to help monitor and track discrimination and violence experienced by LGBTQI+ persons around the world. (17) In May 2020, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity released a report on so-called ``conversion therapy'', which is an umbrella term used to describe interventions based on a belief that a person's sexual orientation or gender identity can and should be changed. The report concluded that such practices represent significant violations of rights to personal autonomy, health, and free expression and are ``by their very nature degrading, inhuman and cruel and create a significant risk of torture''. The Independent Expert noted ``the psychological pain and suffering inflicted by practices of `conversion therapy' are deep and long-lasting and often exacerbate the risk of suicide,'' and called for a global ban on conversion therapy. (18) On June 15, 2022, President Joe Biden signed an Executive Order in part directing the Secretary of State, in collaboration with the Secretary of the Treasury, the Secretary of Health and Human Services, and the Administrator of the United States Agency for International Development, to develop an action plan to promote an end to so-called ``conversion therapy'' around the world and ensure that United States foreign assistance dollars do not fund the practice. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation, gender identity, and sex characteristics, and that human rights policy includes attention to criminalization, violence, and other discrimination against LGBTQI+ people; (2) to systematically integrate and coordinate into United States foreign policy efforts to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (3) to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners, including faith- based organizations and LGBTQI+-led organizations, with demonstrated experience in preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally; (5) to employ a multisectoral approach to preventing and responding to criminalization, discrimination, and violence against LGBTQI+ people internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBTQI+-specific instruction on preventing and responding to criminalization, discrimination, and violence based on sexual orientation and gender identity; (8) to engage non-LGBTQI+ people as allies and partners, as an essential element of making sustained reductions in criminalization, discrimination, and violence against LGBTQI+ people internationally; (9) to require that all Federal contractors and grant recipients awarded a contract or receiving a grant, as the case may be, under an international program of the United States Government establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBTQI+ people and those who provide services to them; (10) to exert sustained international leadership, including in bilateral and multilateral fora, to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (11) to fully implement and expand upon the policies outlined in the ``Presidential Memorandum--Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World''; (12) to ensure that international efforts to combat HIV/ AIDS take all appropriate measures to support at-risk communities, including LGBTQI+ people, and to create enabling legal environments for these communities; (13) to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract other restrictions on the human rights of LGBTQI+ people, including restrictions on LGBTQI+ organizations and so-called LGBTQ+ propaganda laws; and (14) to ensure that those who have a well-founded fear of persecution on account of being LGBTQI+ or supporting LGBTQI+ rights have the opportunity to seek protection in the United States. SEC. 4. SPECIAL ENVOY FOR THE HUMAN RIGHTS OF LGBTQI+ PEOPLE. (a) Establishment.-- (1) In general.--The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a permanent Special Envoy for the Human Rights of LGBTQI+ Peoples (in this section referred to as the ``Special Envoy''), who shall be appointed by the President. The Special Envoy shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. (2) Rank.--The President may appoint the Special Envoy at the rank of Ambassador, by and with the advice and consent of the Senate. (b) Purpose.--In addition to the duties described in subsection (c) and those duties determined by the President and the Secretary of State, the Special Envoy shall direct efforts of the United States Government relating to United States foreign policy, as directed by the President and the Secretary, regarding human rights abuses against LGBTQI+ people and communities internationally and the advancement of human rights for LGBTQI+ people, and shall represent the United States internationally in bilateral and multilateral engagement on such matters. (c) Duties.--The Special Envoy-- (1) shall serve as the principal advisor to the Secretary of State regarding the human rights of LGBTQI+ people internationally; and (2) at the direction of the Secretary of State-- (A) shall, notwithstanding any other provision of law, direct activities, policies, programs, and funding relating to the human rights of LGBTQI+ people and the advancement of LGBTQI+ equality initiatives internationally, for all bureaus and offices of the Department of State, and shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (B) shall represent the United States in diplomatic matters, including in bilateral and multilateral fora, relevant to the human rights of LGBTQI+ people, including criminalization, discrimination, and violence against LGBTQI+ people internationally; (C) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI+ people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally; (D) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI+ people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI+ people internationally; (E) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI+ people and the development assistance priorities of the LGBTQI+ Coordinator of the United States Agency for International Development; and (F) shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. (d) Briefings and Assessments.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall provide to the appropriate congressional committees a briefing on the status of the human rights of LGBTQI+ people internationally, as well as on the status of programs and response strategies of the United States Government to address criminalization, discrimination, and violence against LGBTQI+ people internationally. (e) United States Policy To Prevent and Respond to Criminalization, Discrimination, and Violence Against LGBTQI+ People Globally.-- (1) Global strategy requirement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for each of the following five years, the Special Envoy shall develop or update, as the case may be, a United States global strategy to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The Special Envoy shall submit the global strategy to the appropriate congressional committees and, if practicable, make the global strategy available to the public. (2) Collaboration and coordination.--In developing the global strategy required under paragraph (1), the Special Envoy shall consult with-- (A) mid- and high-level officials of relevant Federal agencies; and (B) representatives of nongovernmental organizations with demonstrated experience in addressing criminalization, discrimination, and violence against LGBTQI+ people internationally or promoting equal rights for LGBTQI+ people internationally. (f) Monitoring the United States Strategy To Prevent and Respond to Criminalization, Discrimination, and Violence Against LGBTQI+ People and Communities Internationally.--In each global strategy submitted under subsection (e), the Special Envoy shall include an analysis of best practices for preventing and addressing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally, including-- (1) a description of successful efforts by foreign governments and nongovernmental organizations to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people and communities internationally; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of such prevention and response efforts; and (3) the impact of activities funded by the global strategy in preventing and reducing criminalization, discrimination, and violence against LGBTQI+ people and communities internationally. SEC. 5. DOCUMENTING AND RESPONDING TO BIAS-MOTIVATED VIOLENCE AGAINST LGBTQI+ PEOPLE ABROAD. (a) Report on Human Rights and Development Assistance.--Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended-- (1) in paragraph (11)(C), by striking ``; and'' and inserting a semicolon; (2) in paragraph (12)(C)(ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(13) wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.''. (b) Report on Human Rights and Security Assistance.--Section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended-- (1) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (2) by adding at the end the following new subsection: ``(k) Sexual Orientation, Gender Identity, and Sex Characteristics.--The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence by state and nonstate actors based on sexual orientation or gender identity, as those terms are defined in section 7 of the International Human Rights Defense Act of 2023, or sex characteristics, including an identification of those countries that have adopted laws or constitutional provisions that criminalize or discriminate based on such sexual orientation, gender identity, or sex characteristics, including descriptions of such laws and provisions.''. SEC. 6. IMPLEMENTATION OF THE UNITED STATES STRATEGY TO PREVENT AND RESPOND TO CRIMINALIZATION, DISCRIMINATION, AND VIOLENCE AGAINST LGBTQI+ PEOPLE AND COMMUNITIES INTERNATIONALLY. The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to criminalization, discrimination, and violence against LGBTQI+ people internationally. The assistance may include the following activities: (1) Development and implementation of programs, such as the Global Equality Fund of the Department of State, that respond to human rights abuses against, and the social and economic exclusion of, LGBTQI+ people. (2) Support and capacity building for the development and enforcement of the laws of foreign governments pertaining to relevant civil and criminal legal and judicial sanctions, protection, and training. (3) Enhancement of health sector capacity to detect, prevent, and respond to violence against LGBTQI+ people and communities internationally, and to combat HIV/AIDS in the LGBTQI+ community internationally, in close coordination with the Office of the Global AIDS Coordinator and Health Diplomacy of the Department of State. (4) Development of a leadership program for international LGBTQI+ activists that will foster collaboration and knowledge sharing across the world. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (3) Intersex.--The term ``intersex'' means individuals born with sex characteristics (including genitals, gonads, or chromosome patterns) that vary from typical binary notions of male or female bodies and is an umbrella term used to describe a wide range of natural bodily variations. (4) LGBTQI+.--The term ``LGBTQI+'' means lesbian, gay, bisexual, transgender, queer, or intersex. (5) Sexual orientation.--The term ``sexual orientation'' means actual or perceived homosexuality, heterosexuality, or bisexuality. &lt;all&gt; </pre></body></html>
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118S1008
Setting Consumer Standards for Lithium-Ion Batteries Act
[ [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "sponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1008 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1008 To require the Consumer Product Safety Commission to promulgate a consumer product safety standard with respect to rechargeable lithium- ion batteries used in micromobility devices, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require the Consumer Product Safety Commission to promulgate a consumer product safety standard with respect to rechargeable lithium- ion batteries used in micromobility 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 ``Setting Consumer Standards for Lithium-Ion Batteries Act''. SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES. (a) Consumer Product Safety Standard Required.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, under section 553 of title 5, United States Code, a final consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices within the jurisdiction of the Commission, including electric bicycles and electric scooters, to protect against the risk of fires caused by such batteries. (b) CPSC Determination of Scope.--The Consumer Product Safety Commission shall specify the types of rechargeable lithium-ion batteries and the types of micromobility devices within the jurisdiction of the Commission that are within the scope of subsection (a) as part of a standard promulgated under this section, as reasonably necessary to protect against the risk of fires caused by rechargeable lithium-ion batteries in consumer products. (c) Treatment of Standard.--A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S1009
A bill to authorize the posthumous honorary promotion to general of Lieutenant General Frank Maxwell Andrews, United States Army.
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ] ]
<p>This bill authorizes the President to issue a posthumous honorary commission promoting Lieutenant General Frank Maxwell Andrews, U.S.&nbsp;Army, to the grade of general.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1009 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1009 To authorize the posthumous honorary promotion to general of Lieutenant General Frank Maxwell Andrews, United States Army. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Braun (for himself, Mrs. Blackburn, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To authorize the posthumous honorary promotion to general of Lieutenant General Frank Maxwell Andrews, United States Army. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. POSTHUMOUS HONORARY PROMOTION TO GENERAL OF LIEUTENANT GENERAL FRANK MAXWELL ANDREWS, UNITED STATES ARMY. (a) Posthumous Honorary Promotion.--Notwithstanding any time limitation with respect to posthumous promotions for persons who served in the Armed Forces, the President is authorized to issue a posthumous honorary commission promoting Lieutenant General Frank Maxwell Andrews, United States Army, to the grade of general. (b) Additional Benefits Not To Accrue.--The honorary promotion of Frank Maxwell Andrews under subsection (a) shall not affect the retired pay or other benefits from the United States to which Frank Maxwell Andrews would have been entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Military personnel and dependents" ]
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118S101
Fishing Equipment Tax Relief Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<p><b>Fishing Equipment Tax Relief Act of 202</b><strong>3</strong></p> <p>This bill reduces from 10% to 3% the excise tax rate that applies to the sale of portable, electronically-aerated bait containers by the manufacturer, producer, or importer.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 101 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 101 To amend the Internal Revenue Code of 1986 to provide a reduced excise tax rate for portable, electronically-aerated bait containers. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide a reduced excise tax rate for portable, electronically-aerated bait containers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fishing Equipment Tax Relief Act of 2023''. SEC. 2. THREE PERCENT RATE FOR PORTABLE, ELECTRONICALLY-AERATED BAIT CONTAINERS. (a) In General.--Section 4161(a) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) 3 percent rate for portable, electronically-aerated bait containers.--In the case of portable, electronically- aerated bait containers, paragraph (1) shall be applied by substituting `3 percent' for `10 percent'.''. (b) Effective Date.--The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after December 31, 2023. &lt;all&gt; </pre></body></html>
[ "Taxation", "Hunting and fishing", "Sales and excise taxes" ]
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118S1010
A bill to authorize the honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to Sergeant Major.
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ] ]
<p>This bill authorizes the honorary promotion of Master Sergeant Harold B. Pharis, U.S. Army (retired), to the grade of Sergeant Major.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1010 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1010 To authorize the honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to Sergeant Major. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To authorize the honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to Sergeant Major. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION FOR HONORARY PROMOTION OF MASTER SERGEANT HAROLD B. PHARIS, UNITED STATES ARMY (RETIRED), TO SERGEANT MAJOR. (a) Honorary Promotion.--The honorary promotion of Master Sergeant Harold B. Pharis, United States Army (retired), to the grade of Sergeant Major is hereby authorized. (b) Additional Benefits Not To Accrue.--The honorary promotion of Harold B. Pharis pursuant to subsection (a) shall not affect the retired pay or other benefits from the United States to which Harold B. Pharis is entitled based upon his military service or affect any benefits to which any other person may become entitled based on his military service. &lt;all&gt; </pre></body></html>
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118S1011
Federal Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1011 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1011 To require an annual report of Federal employees and retirees with delinquent tax debt. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Braun (for himself and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To require an annual report of Federal employees and retirees with delinquent tax debt. Be it enacted by the Senate 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 Employees and Retirees with Delinquent Tax Debt Initiative (FERDI) Act''. SEC. 2. ANNUAL REPORT ON FEDERAL EMPLOYEES AND RETIREES WITH DELINQUENT TAX DEBT. (a) In General.--The Secretary of the Treasury (or the Secretary's delegate) shall submit to the relevant committees and make a public on the internet an annual report on current and retired Federal civilian and military employees who have delinquent tax debt or an unfiled tax return for the most recent fiscal year. (b) Matters Included.--The report under subsection (a) shall include-- (1) the population of individuals who are civilian employees, retired civilian employees, active duty military employees, military reserve or national guard employees, and retired military employees; (2) the number of individuals in each category listed in paragraph (1) who have delinquent tax debt (excluding those individuals who have an installment agreement) or an unfiled tax return; (3) the aggregate balance owed and the delinquency rate for each such category; and (4) the information described in paragraphs (2) and (3) broken down by Federal agency. (c) Relevant Committees.--For purposes of this section, the term ``relevant committees'' means the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives. SEC. 3. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT. (a) In General.--Chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``Sec. 7381. Definitions ``For purposes of this subchapter-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) the United States Postal Service; ``(C) the Postal Regulatory Commission; and ``(D) an employing authority in the legislative branch; ``(2) the term `employee' means an employee in or under an agency, including an individual described in section 2104(b) or 2105(e); and ``(3) the term `seriously delinquent tax debt'-- ``(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and ``(B) does not include-- ``(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code. ``Sec. 7382. Ineligibility for employment ``(a) In General.--Subject to subsection (c), an individual is ineligible to be appointed, or to continue serving, as an employee if that individual-- ``(1) has a seriously delinquent tax debt; ``(2) does not submit the certification required under subsection (b); or ``(3) does not submit an authorization form requested under section 7383(b)(1). ``(b) Disclosure Requirement.--The head of each agency shall take appropriate measures to ensure that each individual applying for employment with that agency is required to submit (as part of the application for employment) a certification that the individual does not have any seriously delinquent tax debt. ``(c) Regulations.-- ``(1) In general.--Subject to paragraph (2), the Director of the Office of Personnel Management, in consultation with the Commissioner of Internal Revenue, shall, for purposes of carrying out this section with respect to the executive branch, promulgate any regulations that the Office considers necessary. ``(2) Content.--The regulations promulgated under paragraph (1) shall provide for the following: ``(A) All applicable due process rights afforded by chapter 75 and any other provision of law shall apply with respect to a determination under this section that an applicant is ineligible to be appointed as an employee or that an employee is ineligible to continue serving as an employee. ``(B) Before any such determination is given effect with respect to an individual, the individual shall be afforded 180 days to demonstrate that the debt of the individual is a debt described in clause (i), (ii), (iii), or (iv) of section 7381(3)(B). ``(C) An employee may continue to serve, in a situation involving financial hardship, if the continued service of the employee is in the best interests of the United States, as determined on a case-by-case basis and certified as such by the head of the employing agency. ``(d) Reports to Congress.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report regarding, for the year covered by the report, the number of exemptions requested and the number of exemptions granted under subsection (c)(2)(C). ``Sec. 7383. Review of public records ``(a) In General.--Each agency shall provide for such reviews of public records as the head of the agency considers appropriate to determine if a notice of lien has been filed pursuant to section 6323 of the Internal Revenue Code of 1986 with respect to an employee of, or an applicant for employment with, that agency. ``(b) Additional Requests.--If a notice of lien is discovered under subsection (a) with respect to an employee or applicant for employment, the applicable agency may-- ``(1) request that the employee or applicant execute and submit a form authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether-- ``(A) the employee or applicant has a seriously delinquent tax debt; or ``(B) there is a final administrative or judicial determination that such employee or applicant committed any act described in section 7385(b); and ``(2) request that the Secretary of the Treasury disclose any information so authorized to be disclosed. ``(c) Authorization Form.--The Secretary of the Treasury shall make available to all agencies a standard form for the authorization described in subsection (b)(1). ``Sec. 7384. Confidentiality ``Neither the head nor any other employee of an agency may-- ``(1) use any information furnished under this subchapter for any purpose other than the administration of this subchapter; ``(2) make any publication through which the information furnished by or with respect to any particular individual under this subchapter can be identified; or ``(3) permit anyone who is not an employee of that agency to examine or otherwise have access to any such information. ``Sec. 7385. Adverse actions for employees who understate taxes or fail to file ``(a) In General.-- ``(1) In general.--Subject to subsection (c), the head of an agency may take any personnel action against an employee of that agency if there is a final administrative or judicial determination that the employee committed any act described in subsection (b). ``(2) Personnel actions.--In paragraph (1), the term `personnel action'-- ``(A) includes separation; and ``(B) does not include administrative leave or any other type of paid leave without duty or charge to leave. ``(b) Acts.--The acts described in this subsection are-- ``(1) willful failure to file any return of tax required under the Internal Revenue Code of 1986, unless such failure is due to reasonable cause and not to willful neglect; or ``(2) willful understatement of Federal tax liability, unless such understatement is due to reasonable cause and not to willful neglect. ``(c) Procedure.--Under regulations prescribed by the Director of the Office of Personnel Management, an employee subject to a personnel action under this section shall be entitled to the procedures provided under section 7513 or 7543, as applicable.''. (b) Clerical Amendment.--The table of subchapters for chapter 73 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT ``7381. Definitions. ``7382. Ineligibility for employment. ``7383. Review of public records. ``7384. Confidentiality. ``7385. Adverse actions for employees who understate taxes or fail to file.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on the date that is 270 days after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S1012
Keep the Watchdogs Running Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "C000174", "Sen. Carper, Thomas R. [D-DE]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1012 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1012 To authorize Offices of Inspectors General to continue operations during a lapse in appropriations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Braun (for himself and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To authorize Offices of Inspectors General to continue operations during a lapse in appropriations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep the Watchdogs Running Act''. SEC. 2. INSPECTOR GENERAL OVERSIGHT DURING LAPSE IN APPROPRIATIONS. Section 6(g) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(4)(A) In this paragraph, the term `covered lapse in appropriations' has the meaning given the term in section 1341(c) of title 31, United States Code. ``(B) Notwithstanding any other provision of law, and in addition to any other authority, during a covered lapse in appropriations, an Inspector General may incur obligations in advance of appropriations for such amounts as may be necessary, at a rate for operations as provided in the most recently enacted appropriations Acts and under the authority and conditions provided in such Acts, to perform the duties of the Office with respect to programs and operations of the establishment that continue during the covered lapse in appropriations.''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S1013
Parris Island Protection Act
[ [ "G000359", "Sen. Graham, Lindsey [R-SC]", "sponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ] ]
<p><b>Parris Island Protection Act</b></p> <p>This bill prohibits the use of federal funds to close or realign Marine Corps Recruit Depot, Parris Island in South Carolina, or to conduct any planning or other activity related to such closure or realignment.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1013 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1013 To prohibit the use of Federal funds to close or realign the Marine Corps Recruit Depot located at Parris Island, South Carolina. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Graham (for himself and Mr. Scott of South Carolina) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To prohibit the use of Federal funds to close or realign the Marine Corps Recruit Depot located at Parris Island, South Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parris Island Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Marine Corps Recruit Depot located at Parris Island, South Carolina (in this section referred to as ``Parris Island''), has served the United States as a home to the Marine Corps since 1891. (2) Parris Island was the first facility to integrate women in boot camp training for the Marine Corps in the United States. (3) Female recruits have trained at Parris Island since 1949. (4) The first integrated company of male and female recruits graduated from Parris Island in 2019. (5) Parris Island has cultivated a legacy of excellence and faithful service to the United States. (6) Parris Island is and shall remain the physical home of the United States Marine Corps Eastern Recruiting Region. SEC. 3. PROHIBITION OF CLOSING OR REALIGNMENT OF MARINE CORPS RECRUIT DEPOT LOCATED AT PARRIS ISLAND, SOUTH CAROLINA. No Federal funds may be used to close or realign Marine Corps Recruit Depot, Parris Island, South Carolina, or to conduct any planning or other activity related to such closure or realignment. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S1014
Dairy Pricing Opportunity Act of 2023
[ [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1014 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1014 To require the Secretary of Agriculture to initiate hearings to review Federal milk marketing orders relating to pricing of Class I skim milk, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mrs. Gillibrand (for herself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To require the Secretary of Agriculture to initiate hearings to review Federal milk marketing orders relating to pricing of Class I skim milk, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Pricing Opportunity Act of 2023''. SEC. 2. NOTICE AND HEARINGS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall provide notice of, and initiate, national hearings to review Federal milk marketing orders under section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, which shall include review and consideration of views and proposals of producers and the dairy industry on the Class I skim milk price, including the ``higher of'' Class I skim milk formula described in subsection (b) and any other views and proposals on the Class I skim milk price, and such other matters as the Secretary of Agriculture considers appropriate. (b) ``Higher of'' Class I Skim Milk Formula Described.--The ``higher of'' Class I skim milk formula referred to in subsection (a) is the formula under which, for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), is equal to the sum obtained by adding-- (1) the adjusted Class I differential specified in section 1000.52 of that title (or successor regulations); (2) the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of that title (or successor regulations); and (3) the higher of-- (A) the advanced pricing factor computed under section 1000.50(q)(1) of that title (or successor regulations); and (B) the advanced pricing factor computed under section 1000.50(q)(2) of that title (or successor regulations). SEC. 3. MANDATORY REPORTING OF DAIRY PRODUCT PROCESSING COSTS. Section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A)(ii), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(C) for each manufacturer required to report under subparagraph (A) for any product, require that manufacturer to report cost and yield information, as determined by the Secretary, for all products processed in the same facility or facilities; and ``(D) require any manufacturer of such other dairy products as determined by the Secretary to report cost and yield information in the same manner as under subparagraph (C), for the purposes of providing information for the regulatory or administrative establishment of pricing rules.''; and (2) in subsection (d), by adding at the end the following: ``(3) Dairy product processing costs.--Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter, the Secretary shall publish a report containing the information obtained under subparagraphs (C) and (D) of subsection (b)(1).''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1015
A bill to require the Secretary of Agriculture to convey the Pleasant Valley Ranger District Administrative Site to Gila County, Arizona.
[ [ "K000377", "Sen. Kelly, Mark [D-AZ]", "sponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1015 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1015 To require the Secretary of Agriculture to convey the Pleasant Valley Ranger District Administrative Site to Gila County, Arizona. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Kelly (for himself and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To require the Secretary of Agriculture to convey the Pleasant Valley Ranger District Administrative Site to Gila County, Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE OF PLEASANT VALLEY RANGER DISTRICT ADMINISTRATIVE SITE TO GILA COUNTY, ARIZONA. (a) Definitions.--In this section: (1) County.--The term ``County'' means Gila County, Arizona. (2) Map.--The term ``map'' means the map entitled ``Pleasant Valley Admin Site Proposal'' and dated September 24, 2021. (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) 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). (c) Description of Property.-- (1) In general.--The property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as ``Gila County Area'' on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest 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 be-- (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to such other terms and conditions as the Secretary considers to be 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 or resource survey required under Federal law. (f) Environmental Conditions.--Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A)), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (c). (g) Reversion.--If any land conveyed under subsection (b) ceases to be used for purposes of serving veterans of the Armed Forces, all right, title, and interest in and to the land shall revert to the United States. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S1016
Agriculture Resilience Act of 2023
[ [ "H001046", "Sen. Heinrich, Martin [D-NM]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "B001277", ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1016 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1016 To address the impact of climate change on agriculture, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Heinrich (for himself, Mrs. Gillibrand, Mr. Welch, Ms. Smith, Mr. Blumenthal, Mr. Booker, Mr. Murphy, Ms. Baldwin, Mr. Markey, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To address the impact of climate change on agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Agriculture Resilience Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--NATIONAL GOALS Sec. 101. National goals. Sec. 102. Action plan. TITLE II--RESEARCH Sec. 201. Research, extension, and education purpose. Sec. 202. Regional hubs for risk adaptation and mitigation to climate change. Sec. 203. Sustainable agriculture research and education resilience initiative. Sec. 204. Long-Term Agroecosystem Research Network. Sec. 205. Public breed and cultivar research. Sec. 206. ARS Climate Scientist Career Development Program. Sec. 207. Agricultural Climate Adaptation and Mitigation through AFRI. Sec. 208. Specialty crop research initiative. Sec. 209. Integrated pest management. Sec. 210. Appropriate technology transfer for rural areas program. TITLE III--SOIL HEALTH Sec. 301. Crop insurance. Sec. 302. Environmental quality incentives program. Sec. 303. Conservation stewardship program. Sec. 304. State assistance for soil health. Sec. 305. Funding and administration. Sec. 306. Conservation compliance. Sec. 307. National and regional agroforestry centers. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY Sec. 401. Local Agriculture Market Program. Sec. 402. National organic certification cost-share program. Sec. 403. Farmland Protection Policy Act. Sec. 404. Agricultural conservation easement program. TITLE V--PASTURE-BASED LIVESTOCK Sec. 501. Animal raising claims. Sec. 502. Processing resilience grant program. Sec. 503. Conservation of private grazing land. Sec. 504. Conservation reserve program. Sec. 505. Alternative manure management program. TITLE VI--ON-FARM RENEWABLE ENERGY Sec. 601. Rural Energy For America Program. Sec. 602. Agrivoltaic systems. Sec. 603. AgSTAR program. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling Sec. 701. Definitions. Sec. 702. Quality dates and discard dates. Sec. 703. Misbranding. Sec. 704. Regulations. Sec. 705. Delayed applicability. Subtitle B--Other Provisions Sec. 711. Composting as conservation practice. Sec. 712. Amendments to Federal Food Donation Act. Sec. 713. Grants for composting and anaerobic digestion food waste-to- energy projects. Sec. 714. School food waste reduction grant program. Sec. 715. Support for national media campaigns to decrease incidence of food waste. Sec. 716. Food waste research program. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. TITLE I--NATIONAL GOALS SEC. 101. NATIONAL GOALS. (a) Purpose.--The purpose of the goals established under this title is to prevent climate change from exceeding 1.5 degrees Celsius of warming above preindustrial levels through a national greenhouse gas emission reduction effort. (b) National Goals.--The national goals for the agricultural sector shall be to achieve-- (1) not less than a 50-percent reduction in net greenhouse gas emissions, as compared to those levels during calendar year 2010, by not later than December 31, 2030; and (2) net zero emissions by not later than December 31, 2040. (c) Subgoals.--To achieve the national goals described in subsection (b), there are established the following subgoals: (1) Research.--The total Federal investment in public food and agriculture research and extension should-- (A) at a minimum, as compared to that total Federal investment for fiscal year 2023-- (i) triple by not later than December 31, 2030; and (ii) quadruple by not later than December 31, 2040; and (B) strongly focus on climate change adaptation and mitigation, soil health and carbon sequestration, nutrient and manure management to curb nitrous oxide and methane emissions, agroforestry, advanced grazing management and crop-livestock integration, perennial production systems, on-farm and food system energy efficiency and renewable energy production, farmland preservation and viability, food waste reduction, and any other related areas, as determined by the Secretary. (2) Soil health.--The United States should-- (A) immediately become a member of the Partners Forum and the Consortium of the 4 per 1000 Initiative, hosted by the Consultative Group for International Agricultural Research, with the aim of increasing total soil carbon stocks by 0.4 percent annually to reduce carbon in the atmosphere, restore soil health and productivity, and thereby improve food security; (B) sufficiently expand adoption of soil health systems and practices (including diverse crop rotations, cover cropping, and conservation tillage), perennial crop and grass-based livestock production systems, agroforestry, composting, advanced nutrient budgeting and biologically based nutrient management, advanced grazing management (including silvopasture and management-intensive rotational grazing), and integrated crop-livestock systems-- (i) to reduce nitrous oxide emissions from agricultural soils, as compared to those levels during calendar year 2023-- (I) by 25 percent by not later than December 31, 2030; and (II) by 75 percent by not later than December 31, 2040; (ii) to increase soil carbon stocks by 0.4 percent annually on at least 50 percent of agricultural land by not later than December 31, 2030; and (iii) to meet or exceed the threshold described in clause (ii) on all agricultural land by not later than December 31, 2040; (C) expand implementation of regionally appropriate cover crops and other continual living cover so that-- (i) at least 50 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2030; (ii) at least 75 percent of cropland acres include 1 or more cover crops or other continual living cover in the rotations of the cropland acres by not later than December 31, 2040; (iii) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 75 percent of each calendar year by not later than December 31, 2030; and (iv) cropland acres are covered by crops (including forages and hay crops), cover crops, or residue for an average of 85 percent of each calendar year by not later than December 31, 2040; and (D) encourage conversion of at least-- (i) 15 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2030; and (ii) 30 percent of annual grain crop acres, as in use on the date of enactment of this Act, to agroforestry, perennial grazing, perennial grain crops, or other perennial production systems by not later than December 31, 2040. (3) Farmland preservation.-- (A) 2030 goal.--The rate of conversion of agricultural land to development, and the rate of conversion of grassland to cropping, should be reduced by at least 80 percent, as compared to those rates for calendar year 2023 by not later than December 31, 2030. (B) 2040 goal.--There should be no conversion of agricultural land to development, or grassland to cropping, by December 31, 2040. (4) Pasture-based livestock.--The livestock sector should-- (A) establish advanced grazing management, including management-intensive rotational grazing, on at least-- (i) 50 percent of all grazing land by not later than December 31, 2030; and (ii) 100 percent of all grazing land by not later than December 31, 2040; (B)(i) reduce greenhouse gas emissions related to feeding of ruminants by at least-- (I) \1/3\ by not later than December 31, 2030; and (II) \1/2\ by not later than December 31, 2040; and (ii) accomplish the reductions described in clause (i) by-- (I) reducing nongrazing feeding of ruminants; (II) growing feed grains and forages with soil health and nutrient management practices that minimize net greenhouse gas emissions from cropland; and (III) designing livestock feed mixtures and supplements to mitigate enteric methane emissions; (C) re-integrate livestock and crop production systems at farm, local, and regional levels to facilitate environmentally sound management and field application of manure and reduce the need for long-term manure storage by increasing acreage on individual farms under crop-livestock integrated management by at least-- (i) 100 percent as compared to calendar year 2017 levels by not later than December 31, 2030; and (ii) 300 percent as compared to calendar year 2017 levels by not later than December 31, 2040; and (D) reduce greenhouse gas emissions resulting from manure management by-- (i) immediately ceasing building any new or expanded waste lagoons for confined animal feeding operations; and (ii) converting-- (I) by not later than December 31, 2030, at least \1/3\ of wet manure handling and storage to non-digester dairy or livestock methane management methods (as defined in section 1240T(a) of the Food Security Act of 1985); and (II) by not later than December 31, 2040, at least \2/3\ of wet manure handling and storage to non-digester dairy or livestock methane management methods (as so defined). (5) On-farm renewable energy.--The agricultural sector should-- (A) implement energy audits and energy efficiency improvements on at least-- (i) 50 percent of farms by not later than December 31, 2030; and (ii) 100 percent of farms by not later than December 31, 2040; (B) expand on-farm clean renewable energy production to a level that is at least-- (i) double the 2017 level by not later than December 31, 2030; and (ii) triple the 2017 level by not later than December 31, 2040; and (C) install and manage on-farm renewable energy infrastructure in a manner that does not-- (i) compromise the climate resilience and greenhouse gas mitigation goals of this Act; or (ii) adversely impact farmland, soil, and water resources, or food production. (6) Food loss and waste.--Consistent with the Food Waste Challenge launched by the Department of Agriculture and the Environmental Protection Agency in June 2013, and the national food loss and waste goal announced in September 2015, the food and agricultural sector should commit to-- (A) at least a 50-percent reduction in food loss and waste by not later than December 31, 2030; (B) at least a 75-percent reduction in food loss and waste by not later than December 31, 2040; and (C) in a manner consistent with the Food Recovery Hierarchy established by the Environmental Protection Agency, diverting from landfills through composting and other means at least-- (i) 50 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2030; and (ii) 90 percent of unavoidable food waste and food processing byproducts by not later than December 31, 2040. SEC. 102. ACTION PLAN. (a) In General.--The Secretary shall-- (1) develop a plan (referred to in this section as the ``plan''), which may involve actions to be taken by other Federal agencies, to make significant and rapid progress to achieve the national goals described in section 101; and (2) make the plan available for public comment for a period of not less than 90 days. (b) Actions.--Actions under the plan shall-- (1) include issuing regulations, providing incentives, carrying out research and development programs, and any other actions the Secretary determines are necessary to achieve the national goals described in section 101; and (2) be designed-- (A) to fully implement the provisions of this Act and the amendments made by this Act; (B) to provide benefits for farmers and ranchers, rural communities, small businesses, and consumers; (C) to improve public health, resilience, and environmental outcomes, especially for rural and low- income households, communities of color, Tribal and indigenous communities, and communities that are disproportionately vulnerable to the impacts of climate change, air and water pollution, and other resource degradation; and (D) to prioritize investments that reduce emissions of greenhouse gases and sequester carbon while simultaneously helping to solve other pressing agro- environmental resource concerns, increase farming and ranching opportunities, create quality jobs, improve farmworker working conditions and living standards, and make communities more resilient to the effects of climate change. (c) Final Plan.--Not later than 18 months after the date of enactment of this Act, the Secretary shall-- (1) finalize the plan, taking into account any public comments received on the plan; (2) begin implementation of the plan; and (3) submit the plan to Congress. (d) Updates.--Beginning 2 years after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and not less frequently than biennially thereafter, the Secretary shall-- (1) review and revise the plan to ensure that the plan is sufficient to achieve the national goals described in section 101; and (2) submit the revised plan to Congress. (e) Annual Report.--Not later than 1 year after the date on which the Secretary submits the plan to Congress under subsection (c)(3), and annually thereafter, the Secretary shall submit to Congress, and make publicly available, an annual report that describes, for the period covered by the report-- (1) actions taken pursuant to the plan and the effects of those actions; (2) the conclusion of the most recent review of the plan conducted under subsection (d), if applicable; and (3) a summary of any revisions made to the plan under that subsection. TITLE II--RESEARCH SEC. 201. RESEARCH, EXTENSION, AND EDUCATION PURPOSE. Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (11), respectively; (2) by inserting after paragraph (7) the following: ``(8) accelerate the ability of agriculture and the food system of the United States to first achieve net-zero carbon emissions and then be carbon negative by removing additional carbon dioxide from the atmosphere;''; (3) in paragraph (9) (as so redesignated), by striking ``and'' at the end; (4) by inserting after paragraph (9) (as so redesignated) the following: ``(10) develop food systems that are healthful, sustainable, equitable, and resilient to extreme weather, other impacts of climate change, and other potential intersecting global and national disruptions; and''; and (5) in paragraph (11) (as so redesignated), in subparagraph (B), by inserting ``and delivering to agricultural producers'' after ``improving''. SEC. 202. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C. 7624) the following: ``SEC. 401. REGIONAL HUBS FOR RISK ADAPTATION AND MITIGATION TO CLIMATE CHANGE. ``(a) Establishment.--The Secretary shall establish a national network of regional hubs for risk adaptation and mitigation to climate change to provide to farmers, ranchers, forest landowners, and other agricultural and natural resource managers-- ``(1) science-based, region-specific, cost-effective, and practical information and program support for science-informed decision making in light of the increased costs, opportunities, risks, and vulnerabilities associated with a changing climate; and ``(2) access to assistance to implement that decision making. ``(b) Eligibility.--An entity shall be eligible to be selected as a regional hub under subsection (a) if the entity is any office of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate. ``(c) Administration.-- ``(1) In general.--The network established under subsection (a) shall be designated and administered jointly by the Agricultural Research Service and the Forest Service, in partnership with other Federal agencies, including the following: ``(A) Within the Department of Agriculture, the following agencies: ``(i) The Natural Resources Conservation Service. ``(ii) The Farm Service Agency. ``(iii) The Risk Management Agency. ``(iv) The Animal and Plant Health Inspection Service. ``(v) The National Institute of Food and Agriculture. ``(B) The Department of the Interior. ``(C) The Department of Energy. ``(D) The Environmental Protection Agency. ``(E) The United States Geological Survey. ``(F) The National Oceanic and Atmospheric Administration. ``(G) The National Aeronautics and Space Administration. ``(H) Such other Federal agencies as the Secretary determines to be appropriate. ``(2) Partners.--The regional hubs established under subsection (a) shall work in close partnership with other stakeholders and partners, including-- ``(A) colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)); ``(B) cooperative extension services (as defined in that section); ``(C) State agricultural experiment stations (as defined in that section); ``(D) private entities; ``(E) State, local, and regional governments; ``(F) Indian Tribes; ``(G) agriculture and commodity organizations; ``(H) nonprofit and community-based organizations; and ``(I) other partners, as determined by the Secretary. ``(d) Responsibilities.--A regional hub established under subsection (a) shall-- ``(1) offer tools, strategic management options, and technical support to farmers, ranchers, and forest landowners to help those farmers, ranchers, and forest landowners mitigate and adapt to climate change; ``(2) direct farmers, ranchers, and forest landowners to Federal agencies that can provide program support to enable those farmers, ranchers, and forest landowners to implement science-informed management practices that address climate change; ``(3) determine how climate and weather projections will impact the agricultural and forestry sectors; ``(4) provide periodic regional assessments of risk and vulnerability in the agricultural and forestry sectors-- ``(A) to help farmers, ranchers, and forest landowners better understand the potential direct and indirect impacts of climate change; and ``(B) to inform the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 (15 U.S.C. 2933); ``(5) provide to farmers, ranchers, forest landowners, and rural communities outreach, education, and extension on science-based risk management through partnerships with the land-grant colleges and universities (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)), cooperative extension services (as defined in that section), and other entities; ``(6) work with any cooperative extension services (as defined in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103)), conservation districts, and nongovernmental organizations involved in farmer outreach in the region served by the hub to assist producers in developing business plans and conservation plans that take into account emerging climate risk science with respect to crop, production, and conservation system changes that will help producers adapt to a changing climate; and ``(7) establish, in partnership with programs and projects carried out under subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801 et seq.), additional partnerships with farmers and nonprofit and community-based organizations to conduct applied on-farm research on climate change. ``(e) Priorities.--A regional hub established under subsection (a) shall prioritize synthesis and dissemination of research and data collection activities in the following areas: ``(1) Improved measurement and monitoring of-- ``(A) soil organic carbon sequestration; and ``(B) total net greenhouse gas impacts of different farming systems and practices. ``(2) Lifecycle analysis for total net greenhouse gas emissions related to-- ``(A) alternative cropping systems; ``(B) alternative livestock production systems; ``(C) integrated cropping-livestock systems; ``(D) alternative biofuel crop production systems and biofuel end uses; ``(E) alternative agroforestry practices and systems; and ``(F) alternative forestry management systems. ``(3) Research and education on-- ``(A) optimal soil health management systems and practices; ``(B) advanced biological nutrient management based on optimal soil health practices; ``(C) enhanced synergies between crop roots and soil biota; ``(D) linkages between soil, plant, animal, and human health; ``(E) adaption and mitigation needs of stakeholders; ``(F) new crops or new varieties to help producers be profitable while implementing soil health management systems and adapting to a changing climate; ``(G) social and economic barriers to stakeholder adoption of new practices that improve adaptation, mitigation, and soil sequestration; and ``(H) evaluation and assessment of climate-related decision tools of the Department of Agriculture. ``(4) Grazing-based livestock management systems to optimize the net greenhouse gas footprint, including-- ``(A) grazing land carbon sequestration; ``(B) reduction of nitrous oxide emissions from manure deposited on grazing land; and ``(C) mitigation of enteric methane. ``(5) Perennial production systems that sequester carbon, enhance soil health, and increase resilience, including-- ``(A) perennial forages; ``(B) perennial grains; and ``(C) agroforestry. ``(f) Stakeholder Input.--Each regional hub established under subsection (a)-- ``(1) shall solicit input from stakeholders on pressing needs, important issues, and outreach strategies through a variety of mechanisms, including regional stakeholder committees; and ``(2) may partner with stakeholders in conducting research and developing tools. ``(g) Risk Management.-- ``(1) In general.--The Secretary shall appoint a team of individuals representing the regional hubs established under subsection (a), partners with those regional hubs, and the Risk Management Agency to develop recommendations to better account for-- ``(A) climate risk in actuarial tables; and ``(B) soil health and other risk-reducing conservation activities under the Federal crop insurance program under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). ``(2) Submission of recommendations.--The team appointed under paragraph (1) shall submit to the Secretary, on an iterative basis, but not less frequently than once every 2 years, the recommendations developed by the team under that paragraph. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2028.''. SEC. 203. SUSTAINABLE AGRICULTURE RESEARCH AND EDUCATION RESILIENCE INITIATIVE. (a) Sustainable Agriculture Research and Education.--Section 1619 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5801) is amended-- (1) in subsection (a)-- (A) in paragraph (5), by striking ``and'' at the end; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) increase resilience in the context of a changing climate and related economic, social, and environmental shocks.''; and (2) in subsection (b)-- (A) in paragraph (2)-- (i) by striking ``integrated crop management'' and inserting ``integrated crop and livestock management system or practice''; and (ii) by inserting ``resilience,'' after ``profitability,''; and (B) by striking paragraph (3) and inserting the following: ``(3) The term `resilience' means, with respect to an agricultural management system, the ability of that system to absorb and recover from climate and other disturbances, such that the system is not impacted by severe shocks.''. (b) Eligibility of Tribal Colleges To Enter Into Research and Extension Project Agreements.--Section 1621(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5811(b)) is amended by striking ``or Federal or State'' and inserting ``1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)), or Federal, State, or Tribal''. (c) Agricultural and Food System Resilience Initiative.-- (1) In general.--Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821) is amended-- (A) in the section heading, by striking ``integrated management systems'' and inserting ``agricultural and food system resilience initiative''; (B) by striking subsection (a) and inserting the following: ``(a) Establishment.-- ``(1) In general.--In close conjunction with programs and projects established under sections 1621 and 1623, the Secretary shall establish a research, education, extension, and outreach initiative to increase the resilience and climate change mitigation potential of agriculture and the food system in the context of a changing climate and related economic, social, and environmental shocks, which may include-- ``(A) farmer and rancher research and demonstration grants; and ``(B) the use of an interdisciplinary approach wherever appropriate. ``(2) Purposes.--The purposes of the initiative established under paragraph (1) shall be-- ``(A) to equip farmers to prepare, adapt, and transform the farming systems of the farmers when confronted by shocks and stresses to the agricultural production and livelihoods of the farmers; ``(B) to support local and regional food systems that support resilience and enhance local access to and control over productive resources; ``(C) to encourage producers to adopt practices and systems that provide living cover year-round throughout the farm, including through the use of cover crops and perennial plants in diversified combinations, and that are designed to support crop, livestock, and crop- livestock integrated systems that-- ``(i) minimize or abate adverse climate and environmental impacts; ``(ii) increase soil carbon sequestration and storage; ``(iii) reduce soil erosion and loss of water and nutrients; ``(iv) enhance soil quality and the efficient use of on-farm and off-farm inputs; ``(v) reduce dependency on fossil fuels; and ``(vi) maintain or increase profitability and long-term productivity; ``(D) to develop knowledge and information and conduct outreach on living cover systems and practices, including greater use of perennials, and integrated crop and livestock management systems and practices to increase resilience and assist agricultural producers in the adoption of those systems and practices; ``(E) to facilitate the adoption of year-round living cover and perennial production systems supporting whole-farm integrated crop and livestock management systems and practices through demonstration projects on individual farms, including small and limited resource farms, throughout the United States; and ``(F) to evaluate and recommend appropriate policies and programs to improve food and agricultural system resilience.''; and (C) by striking subsections (b), (c), and (d) and inserting the following: ``(b) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2024 and each fiscal year thereafter. ``(2) Discretionary funding.--There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2013 through 2028.''. (2) Conforming amendment.--The chapter heading of chapter 2 of subtitle B of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821) is amended to read as follows: ``AGRICULTURAL AND FOOD SYSTEM RESILIENCE INITIATIVE''. (d) Technical Guides and Books.--Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831) is amended-- (1) by inserting ``and outreach resources and'' after ``educational'' each place it appears; (2) in subsection (a), by striking ``Not later than two years after the date of the enactment of this Act, the Secretary'' and inserting ``The Secretary''; (3) in subsection (b), by striking the second sentence; (4) in subsection (d)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) adapting to and mitigating the effects of climate change;''; (5) in subsection (e), by striking ``Soil Conservation'' and inserting ``Natural Resources Conservation''; and (6) in subsection (f)(2), by striking ``2023'' and inserting ``2028''. (e) National Training Program.--Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5832) is amended-- (1) in subsection (g)-- (A) in paragraph (5), by striking ``Soil Conservation Service and the Agricultural Stabilization and Conservation Service'' and inserting ``Natural Resources Conservation Service and the Farm Service Agency''; (B) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and (C) by inserting after paragraph (9) the following; ``(10) develop and provide information concerning climate change adaptation and mitigation developed under this subtitle and other research and education programs of the Department;''; (2) in subsection (h), by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''; and (3) in subsection (i), by inserting ``, and $30,000,000 for each of fiscal years 2024 through 2028'' before the period at the end. SEC. 204. LONG-TERM AGROECOSYSTEM RESEARCH NETWORK. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by inserting after section 401 (as added by section 202) the following: ``SEC. 402. LONG-TERM AGROECOSYSTEM RESEARCH NETWORK. ``(a) In General.-- ``(1) Establishment.--The Secretary, acting through the Administrator of the Agricultural Research Service, shall provide for the establishment and maintenance of a network of research sites operated by the Agricultural Research Service for research on the sustainability of agricultural systems in the United States, to be known as the `Long-Term Agroecosystem Research Network' (referred to in this section as the `Network'). ``(2) Goals.--The Network shall have the following goals: ``(A) To understand and enhance the sustainability of agriculture. ``(B) To integrate research projects with common standardized measurements on multiple agroecosystems and land uses, including cropland, rangeland, and pastureland. ``(C) To develop new farming systems, practices, and technologies to address agricultural challenges and opportunities, including challenges and opportunities posed by climate change. ``(b) Activities Described.--The activities of the Network shall include-- ``(1) research conducted for a minimum of 30 years to develop novel scientific insights at regional and national scales and evaluate the applicability of and adaptation to local conditions; ``(2) the establishment and maintenance of multiple sites or research centers that capture the diversity of agricultural production systems that function as a network; and ``(3) the coordination, management, and analysis of large- scale data collection relating to the sustainability of agricultural systems and the provision of infrastructure to research sites to allow for analyzing and disseminating that data. ``(c) Coordination of Research.--The Secretary shall, in carrying out subsection (a)-- ``(1) coordinate long-term agroecological research to improve understanding within the Department of how agroecosystems function at the field, regional, and national scales; ``(2) designate research sites for inclusion in the Network that are representative of major agricultural regions; ``(3) ensure that each research site included in the Network conducts experiments with common standardized goals and methods-- ``(A) to increase agricultural productivity and profitability; ``(B) to enhance agricultural resilience and the capacity to mitigate and adapt to climate change; ``(C) to boost the provision of ecosystem services from agricultural landscapes; and ``(D) to improve opportunities for rural communities; ``(4) make data collected at research sites included in the Network open to researchers and the public whenever practicable, and integrate data across the network and partner sites; ``(5) provide infrastructure to research sites included in the Network for data collection, common measurements, and data streams that complement other national networks, such as the National Ecological Observatory Network and the Long-Term Ecological Research network; ``(6) coordinate with Department of Agriculture Climate Hubs to share research findings and data insights; and ``(7) collaborate with Department of Agriculture Climate Hubs to translate research findings into educational, outreach, and technical assistance materials for agricultural producers. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out activities of the Network under this section $50,000,000 for each of fiscal years 2024 through 2028.''. SEC. 205. PUBLIC BREED AND CULTIVAR RESEARCH. (a) In General.--The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Definitions.--In this section: ``(A) Conventional breeding.--The term `conventional breeding' means the development of a new variety of an organism through controlled mating and selection without the use of transgenic methods. ``(B) Cultivar.--The term `cultivar' means a variety of a species of plant that has been intentionally selected for use in cultivation because of the improved characteristics of that variety of the species. ``(C) Public animal breed.--The term `public animal breed' means an animal breed that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. ``(D) Public cultivar.--The term `public cultivar' means a cultivar-- ``(i) that is the commercially available end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and ``(ii) with respect to which, if intellectual property rights are asserted, the intellectual property rights are in the form of plant patents or plant variety protection and not utility patents. ``(E) Public cultivar or animal breed.--The term `public cultivar or animal breed' means-- ``(i) a public animal breed; and ``(ii) a public cultivar.''; and (2) by adding at the end the following: ``(l) Public Breed and Cultivar Development Funding.-- ``(1) In general.--Of the total amount of grants made under the provisions of law described in paragraph (2), the Secretary shall ensure that not less than $75,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars and animal breeds. ``(2) Applicable programs.--The provisions of law referred to in paragraph (1) are-- ``(A) subsections (a) and (b); ``(B) section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(e)); ``(C) sections 1619 through 1624 of that Act (7 U.S.C. 5801 et seq.); ``(D) any relevant competitive grant program authorized by section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), as determined by the Secretary; and ``(E) section 412 of that Act (7 U.S.C. 7632). ``(3) Priority.--In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of regionally adapted public cultivars and animal breeds that assist producers in mitigating and adapting to climate change, including-- ``(A) regionally adapted public cultivars and animal breeds; ``(B) public cultivars and animal breeds bred for environmental resilience, including resilience to changing climates, mitigating greenhouse gas emissions, and sequestering carbon; ``(C) public animal breeds adapted to grazing and overwintering as appropriate for the applicable production region; ``(D) public cultivars and animal breeds bred to enhance the nutritional and health outcomes of local and Native American, Alaska Native, and Native Hawaiian populations; ``(E) public cultivars and animal breeds of indigenous and place-based importance that are endangered; and ``(F) public cultivars and animal breeds with beneficial and compatible characteristics and behaviors for dual-use renewable energy-agricultural systems. ``(4) Grants.--The Secretary shall ensure that-- ``(A) the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitates the development and commercialization of public cultivars and animal breeds through long-term grants not less than 5 years in length; and ``(B) Tribal consultation occurs to ensure public cultivar or animal breed development does not infringe on the abilities of Tribes to maintain culturally sensitive animal breeds and cultivars. ``(5) Requirement for domestic production.--No person that receives title to a plant patent or plant variety protection relating to any public cultivar or animal breed developed using funds received under this subsection, and no assignee of any such person, shall grant to any person the exclusive right to use or sell that public cultivar or animal breed unless that person agrees that any cultivars or animals embodying the public cultivar or animal breed or produced through the use of the public cultivar or animal breed will be produced substantially in the United States. ``(6) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and animal breeding research funded by the Department of Agriculture, including-- ``(A) a list of public cultivars and animal breeds developed and released in a commercially available form; ``(B) areas of high-priority research; ``(C) identified research gaps relating to public cultivar and animal breed development; and ``(D) an assessment of the state of commercialization for public cultivars and animal breeds.''. (b) Public Breed and Cultivar Research Activities Coordination.-- (1) In general.--Section 251 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended-- (A) in subsection (e), by adding at the end the following: ``(7) Public breed and cultivar research activities coordinator.-- ``(A) In general.--The Under Secretary shall appoint a coordinator within the Office of the Chief Scientist that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars and animal breeds (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))). ``(B) Duties of coordinator.--The coordinator appointed under subparagraph (A) shall-- ``(i) coordinate plant and animal breeding research activities funded by the Department relating to the development of public cultivars and animal breeds; ``(ii)(I) carry out ongoing analysis and track activities for any Federal research funding supporting plant and animal breeding (including any public cultivars and animal breeds developed with Federal funds); and ``(II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; ``(iii) develop a strategic plan that establishes targets for public cultivar and animal breed research investments across the Department to ensure that a diverse range of crop and animal needs are being met in a timely and transparent manner, with a strong focus on delivery of resource-efficient, stress- tolerant, regionally adapted public cultivar and animal breeds that-- ``(I) help build agricultural resilience to climate change; and ``(II) support on-farm carbon sequestration and greenhouse gas mitigation, nutritional quality, and other farmer-identified priority agronomic and market traits; ``(iv) convene a working group to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public cultivar and animal breeding programs within the Department from-- ``(I) the National Institute of Food and Agriculture; ``(II) the Agricultural Research Service; and ``(III) the Economic Research Service; ``(v) in order to maximize delivery of public cultivars and animal breeds, promote collaboration among-- ``(I) the coordinator; ``(II) the working group convened under clause (iv); ``(III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843); ``(IV) genetic resource conservation centers; ``(V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); ``(VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))); ``(VIII) Tribal Colleges and Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))) and federally recognized Tribes extension programs; ``(IX) nongovernmental organizations with interest or expertise in public breeding; and ``(X) public and private plant and animal breeders, including small-scale organic breeders; ``(vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar and animal breed research activities across the Department; and ``(vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges.''; and (B) in subsection (f)(1)(D)(i), by striking ``(7 U.S.C. 450i(b))'' and inserting ``(7 U.S.C. 3157(b))''. (2) Conforming amendment.--Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking ``Scientist; and'' and inserting ``Scientist (including the public breed and cultivar research activities coordinator under subsection (e)(7) of that section); and''. (c) Public Breed and Cultivar Development.--Subtitle H of title XVI of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921 et seq.) is amended by adding at the end the following: ``SEC. 1681. PUBLIC BREED AND CULTIVAR DEVELOPMENT. ``(a) Funding.--The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service (referred to in this section as the `Secretary') and in conjunction with the Director of the National Genetic Resources Program appointed under section 1633, shall support the development of public breeds and cultivars (as defined in paragraph (3) of subsection (a) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(a))) by Federal researchers. ``(b) Priority.--In supporting research under subsection (a) using funds made available pursuant to subsection (d), the Secretary shall give priority to high-potential research projects that lead to the release of regionally adapted public breeds and cultivars that assist producers in mitigating and adapting to climate change. ``(c) Report.--Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public breed and cultivar research funded by the Agricultural Research Service and the National Institute of Food and Agriculture, including-- ``(1) a list of public breeds and cultivars developed and released in a commercially available form; ``(2) areas of high-priority research; ``(3) identified research gaps relating to public breed and cultivar development, including newly emerging needs stemming from climate change; and ``(4) an assessment of the state of commercialization for breeds and cultivars that have been developed. ``(d) Funding.--Of the funds made available to the Secretary for a fiscal year, not less than $50,000,000 shall be made available to carry out this section.''. SEC. 206. ARS CLIMATE SCIENTIST CAREER DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall, in accordance with section 922 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 2279c), carry out an internship program within the Agricultural Research Service for graduate students pursuing a degree or conducting research relating to climate change and agriculture. (b) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary may use to carry out the program described in subsection (a) not more than $10,000,000 for each of fiscal years 2024 through 2028. SEC. 207. AGRICULTURAL CLIMATE ADAPTATION AND MITIGATION THROUGH AFRI. Subsection (b)(2) of the Competitive, Special, and Facilities Grant Act (7 U.S.C. 3157(b)(2)) is amended by adding at the end the following: ``(G) Agricultural climate adaptation and mitigation.--Agricultural climate adaptation and mitigation, including-- ``(i) strategies for agricultural adaptation to climate change and drought, including strategies for small and medium-sized farms and ranches; ``(ii) on-farm mitigation strategies and solutions, including infrastructure, equipment, and ecosystems-based strategies; ``(iii) economic and social costs and benefits of adopting conservation practices to mitigate and adapt to climate change; ``(iv) ecosystem services co-benefits of reducing net greenhouse gas emissions and adapting to climate change; ``(v) new technologies, methods, and models to measure and predict greenhouse gas emissions and soil carbon sequestration; and ``(vi) the intersection of agricultural production, soil health, climate change, and human health.''. SEC. 208. SPECIALTY CROP RESEARCH INITIATIVE. Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``, diverse multi-crop production systems,'' after ``specific crops''; (B) in paragraph (3)(B)(ii), by striking ``pesticide application systems'' and inserting ``ecologically based pest management, pesticide application systems,''; (C) in paragraph (4)(E), by striking ``and'' at the end; (D) in paragraph (5), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(6) efforts to mitigate and adapt to climate change, including-- ``(A) on-farm mitigation strategies and solutions, including agricultural ecosystems-based strategies; ``(B) conservation practices and technologies designed to improve soil health, including practices and technologies that sequester carbon in soil; and ``(C) breeding research and cultivar development to help adapt to climate change.''; and (2) in subsection (g)(3)(A), by striking ``equal to not less than the amount of the grant'' and inserting ``in an amount that is equal to not less than 25 percent of the funds provided through the grant''. SEC. 209. INTEGRATED PEST MANAGEMENT. Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (2) by inserting after subsection (c) the following: ``(d) Emphasis on Climate Resilience.--The Secretary shall ensure that grants made under this section are, where appropriate, consistent with the development of food and agricultural systems that improve climate resilience. ``(e) Ecologically Based Pest Management.--The Secretary shall ensure that grants made under this section to support pest management prioritize ecologically based approaches that-- ``(1) are effective, affordable, and environmentally sound; ``(2) maintain agricultural productivity and healthy communities; and ``(3) improve climate resilience.''; and (3) in subsection (h) (as so redesignated), by striking ``2023'' and inserting ``2028''. SEC. 210. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM. (a) Establishment.--Section 310B(i)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(2)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``, including a beginning farmer or rancher and a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))) and a socially disadvantaged farmer or rancher (as defined in section 355(e)),'' after ``producers''; (2) in subparagraph (C), by striking ``and'' at the end; (3) by redesignating subparagraph (D) as subparagraph (E); (4) by inserting after subparagraph (C) the following: ``(D) increase on-farm resilience to extreme weather by enhancing soil health and adopting other conservation practices;''; (5) in subparagraph (E) (as so redesignated), by striking the period at the end and inserting ``; and''; and (6) by adding at the end the following: ``(F) improve farm viability and strengthen local, regional, and national supply chains.''. (b) Implementation.--Section 310B(i)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(3)) is amended by adding at the end the following: ``(C) Eligibility for and use of other funds.--A national nonprofit agricultural assistance institution that receives a grant or enters into a cooperative agreement under this subsection-- ``(i) may not, as a result of that grant or cooperative agreement, be treated as ineligible for a grant under any other Federal program; and ``(ii) may utilize, in accordance with applicable law, other public and private funds made available to the institution to expand the resources and outreach of the program established under this subsection.''. (c) Authorization of Appropriations.--Section 310B(i) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)) is amended by striking paragraph (4) and inserting the following: ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $5,000,000 for fiscal year 2023; and ``(B) $8,500,000 for each of fiscal years 2024 through 2028.''. TITLE III--SOIL HEALTH SEC. 301. CROP INSURANCE. (a) Voluntary Good Farming Practices.--Section 508(a)(3)(A)(iii) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(3)(A)(iii)) is amended-- (1) by striking ``including scientifically'' and inserting the following: ``including-- ``(I) scientifically''; (2) in subclause (I) (as so designated), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(II) conservation practices and enhancements that are approved by-- ``(aa) the Natural Resources Conservation Service; or ``(bb) an agricultural expert, as determined by the Secretary.''. (b) Risk-Reduction Based Discounts.--Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Risk-reduction based discount.-- ``(A) In general.--Effective beginning with the 2024 reinsurance year, the Corporation may provide a risk-reduction based premium discount for a producer of an agricultural commodity who uses risk-reduction farming practices, as determined by the Corporation in accordance with subparagraph (B). ``(B) Risk-reduction farming practices.--For purposes of subparagraph (A), a risk-reduction farming practice may include any of the following: ``(i) The use of a cover crop. ``(ii) A resource-conserving crop rotation. ``(iii) Management-intensive rotational grazing. ``(iv) A compost or biochar application. ``(v) An agroforestry or other perennial production system. ``(vi) Other risk-reducing and soil health- promoting farming practices, as determined by the Corporation.''. (c) Crop Production on Native Sod Applicability.-- (1) Application to certain states.--Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended by striking paragraph (3). (2) Effective date.--The amendment made by paragraph (1) shall take effect on the first day of the first reinsurance year that begins after the date that is 1 year after the date of enactment of this Act. SEC. 302. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. (a) Purposes.--Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended-- (1) in the matter preceding paragraph (1), by striking ``and environmental quality'' and inserting ``environmental quality, and climate change adaptation and mitigation''; (2) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by adding ``and'' at the end; and (C) by adding at the end the following: ``(D) greenhouse gas emissions reduction and carbon sequestration;''; (3) in paragraph (3)(C), by inserting ``sequestering carbon, increasing drought resilience, reducing greenhouse gas emissions, and'' before ``conserving energy''; and (4) in paragraph (4), by inserting ``climate change and'' before ``increasing weather volatility''. (b) Definitions.--Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1) is amended-- (1) in paragraph (6)(B)-- (A) in clause (v), by striking ``and'' at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) greenhouse gas emissions reduction planning; and''; (2) in paragraph (7), in the matter preceding subparagraph (A), by striking ``natural resource concern or problem'' and inserting ``resource concern''; (3) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (4) by inserting after paragraph (8) the following: ``(9) Resource concern.--The term `resource concern' means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.''. (c) Establishment and Administration of Environmental Quality Incentives Program.-- (1) Payments.--Section 1240B(d)(7)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(7)(A)) is amended-- (A) in clause (iii), by striking ``; or'' and inserting a semicolon; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) increases carbon sequestration or reduces greenhouse gas emissions.''. (2) Allocation of funding.--Section 1240B(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)(1)) is amended-- (A) by striking ``2023'' and inserting ``2031''; and (B) by striking ``including grazing management'' and inserting ``of which not less than \2/3\ shall be targeted at practices relating to grazing management''. (3) Payments for conservation practices related to organic production.--Section 1240B(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(i)) is amended-- (A) by striking paragraph (3); and (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (4) Conservation incentive contracts.--Section 1240B(j) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(j)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, which may include climate change adaptation and mitigation,'' after ``priority resource concerns''; and (ii) in subparagraph (B), by inserting ``, which may include climate change adaptation and mitigation'' before the period at the end; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii)-- (I) in subclause (I), by striking ``or'' at the end; (II) in subclause (II), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(III) funding, through annual payments, for a suite of incentive practices that are appropriate for the region and land use and that best enhance soil health and carbon sequestration and reduce greenhouse gas emissions, as determined by the Secretary.''; (ii) by striking subparagraph (B) and inserting the following: ``(B) Term.-- ``(i) In general.--A contract under this subsection shall have a term of not less than 5, and not more than 10, years. ``(ii) Graduation option.--The Secretary may reduce the term for a contract under this subsection if the producer enters into a conservation stewardship contract under section 1240K with respect to the eligible land that is subject to the contract under this subsection.''; and (iii) in subparagraph (C)-- (I) in clause (i), by striking ``and'' at the end; (II) in clause (ii), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(iii) give priority to applications that cover eligible land that, on expiration of a contract under this subsection, may be enrolled in a conservation stewardship contract under section 1240K.''. (d) Environmental Quality Incentives Plan.--Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-5(a)(3)) is amended by inserting ``, and a greenhouse gas emissions reduction plan'' after ``if applicable''. (e) Limitation on Payments.--Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended by striking ``Not including payments'' and all that follows through ``2023'' and inserting ``A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, cost-share or incentive payments under this subchapter that, in aggregate, exceed $450,000 for all contracts entered into under this subchapter by the person or legal entity during any 5-fiscal-year period''. (f) Conservation Innovation Grants.-- (1) Air quality concerns from agricultural operations.-- Section 1240H(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)) is amended-- (A) in paragraph (1)-- (i) by striking ``practices to address'' in the first sentence and all that follows through ``The funds'' in the second sentence and inserting the following: ``practices-- ``(i) to address air quality concerns from agricultural operations; and ``(ii) to meet Federal, State, and local-- ``(I) regulatory requirements; and ``(II) goals with respect to greenhouse gas emissions reductions. ``(B) Basis of availability and use.--Funds for payments under subparagraph (A)''; and (ii) in the matter preceding clause (i) (as so designated), by striking ``The Secretary'' and inserting the following: ``(A) In general.--The Secretary''; and (B) in paragraph (2), by striking ``$37,500,000 for each of fiscal years 2019 through 2031'' and inserting ``$37,500,000 for each of fiscal years 2019 through 2023, and $50,000,000 for each of fiscal years 2024 through 2031''. (2) On-farm conservation innovation trials.--Section 1240H(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 8(c)) is amended-- (A) in paragraph (1)(B)(i)-- (i) in subclause (II), by inserting ``on- farm nutrient recycling,'' after ``plans,''; (ii) in subclause (VI), by striking ``and'' at the end; and (iii) by adding at the end the following: ``(VII) perennial production systems, including agroforestry and perennial forages and grain crops; and''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking ``2019 through 2031'' and inserting ``2019 through 2023, $50,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2024 and 2025, and $100,000,000 of the funds made available to carry out this subchapter for each of fiscal years 2026 through 2031''. SEC. 303. CONSERVATION STEWARDSHIP PROGRAM. (a) Definitions.--Section 1240I of the Food Security Act of 1985 (16 U.S.C. 3839aa-21) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by inserting ``enhancements,'' after ``practices,''; and (B) in subparagraph (B)(v), by inserting ``and climate change'' before the period at the end; (2) in paragraph (3)(C), by inserting ``maintained, actively'' after ``implemented,''; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking ``natural resource concern or problem'' and inserting ``resource concern''; (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: ``(7) Resource concern.--The term `resource concern' means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.''. (b) Conservation Stewardship Program.--Section 1240J(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-22(a)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and ``(2) by undertaking additional conservation activities.''. (c) Stewardship Contracts.-- (1) Submission of contract offers.--Section 1240K(a)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(a)(2)(B)) is amended by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and, where practicable, improving''. (2) Evaluation of contract offers.--Section 1240K(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(b)) is amended-- (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: ``(iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that-- ``(I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and ``(II) other national, State, and local priority resource concerns are effectively addressed.''; and (B) by striking paragraph (3). (3) Contract renewal.--Section 1240K(e) of the Food Security Act of 1985 (16 U.S.C. 3839aa-23(e)) is amended-- (A) in paragraph (3)-- (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ``; or'' at the end and inserting ``, if applicable.''; and (iii) by striking ``period--'' in the matter preceding subparagraph (A) and all that follows through ``to meet'' in subparagraph (A) and inserting ``period, to meet''; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (D) by adding at the end the following: ``(2) Ranking and payments.--In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including-- ``(A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and ``(B) the active management and maintenance of ongoing conservation activities, including-- ``(i) the conservation activities adopted during a prior contract period; and ``(ii) the new or improved conservation activities to be adopted if a contract is renewed.''. (d) Duties of the Secretary.-- (1) Climate change adaptation and mitigation.--Section 1240L(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(a)(2)) is amended by inserting ``(which may include climate change adaptation and mitigation)'' after ``priority resource concerns''. (2) Conservation stewardship payments.--Section 1240L(c) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(c)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``on 1 or more types of eligible land covered by the contract'' after ``activities''; and (ii) in subparagraph (B), by striking ``improving, maintaining, and managing'' and inserting ``maintaining, actively managing, and improving''; (B) in paragraph (2)-- (i) by striking subparagraph (B) and inserting the following: ``(B) Income forgone by the producer, including amounts that reflect-- ``(i) increased economic risk; and ``(ii) loss in revenue due to-- ``(I) production changes; ``(II) anticipated reductions in yield; ``(III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or ``(IV) acreage converted to conservation uses.''; and (ii) in subparagraph (E), by inserting ``, actively managed, and, where applicable, improved'' after ``maintained''; and (C) by adding at the end the following: ``(6) Payments for conservation activities related to organic production systems.-- ``(A) In general.--The Secretary shall provide payments under this subsection for conservation activities relating to-- ``(i) organic production; and ``(ii) transitioning to organic production. ``(B) Conservation activities.--Conservation activities described in subparagraph (A) may include-- ``(i) generally available and specifically tailored conservation activities; and ``(ii) individual conservation activities and bundles of conservation activities. ``(7) Minimum payment.--The amount of an annual payment under the program shall be not less than $2,000.''. (3) Supplemental payments.--Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(d)) is amended-- (A) in the subsection heading, by inserting ``, Perennial Production Systems,'' after ``Rotations''; (B) in paragraph (1)-- (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: ``(C) Perennial production system.--The term `perennial production system' means-- ``(i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; ``(ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and ``(iii) the use of cropland for perennial forages or perennial grain crops.''; (C) in paragraph (2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(C) a perennial production system.''; and (D) in paragraph (3), by striking ``or advanced grazing management'' and inserting ``, advanced grazing management, or a perennial production system''. (4) Payment for comprehensive conservation plan.--Section 1240L(e)(1) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 24(e)(1)) is amended-- (A) by striking the period at the end and inserting the following: ``; and ``(B) with respect to an organic production system-- ``(i) is integrated with an organic system plan approved under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.); or ``(ii) allows a producer to transition to organic production systems and pursue certification under that Act.''; and (B) in the matter preceding subparagraph (B) (as added by subparagraph (A)), by striking ``plan that meets'' and inserting the following: ``plan that-- ``(A) meets''. (5) Payment limitations.--Section 1240L(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(f)) is amended-- (A) by inserting ``(including a joint venture and a general partnership)'' after ``A person or legal entity''; and (B) by striking ``fiscal years 2019 through 2023'' and inserting ``any consecutive 5-fiscal-year period''. (6) Specialty crop and organic producers.--Section 1240L(g) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(g)) is amended by inserting ``, and producers transitioning to organic production systems,'' after ``organic producers''. (7) Soil health.--Section 1240L(k) of the Food Security Act of 1985 (16 U.S.C. 3839aa-24(k)) is amended by striking the period at the end and inserting the following: ``, including by-- ``(1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and ``(2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities.''. (e) On-Farm Conservation Stewardship Innovation Grants.--Subchapter B of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-21 et seq.) is amended by adding at the end the following: ``SEC. 1240L-2. ON-FARM CONSERVATION STEWARDSHIP INNOVATION GRANTS. ``(a) Definition of Agricultural Professional.--In this section, the term `agricultural professional' means a university researcher or educator, including an extension agent or specialist, Federal agency field staff, an agricultural consultant, State and local agency staff, Tribal agency staff, a Federally-Recognized Tribes Extension Program agent, and nonprofit organization staff assisting farmers and ranchers at the local level. ``(b) Grants.--Using funds made available to carry out this subchapter, the Secretary shall provide competitive grants to carry out on-farm conservation innovation projects on eligible land of program participants for the purpose of stimulating innovative approaches on farms and ranches to leverage Federal investment in conservation stewardship, in conjunction with agricultural production or forest resource management, through the program. ``(c) Participants.--The Secretary shall provide grants under this section-- ``(1) directly to agricultural operations, or groups of agricultural operations, participating in the program; or ``(2) through partnerships between agricultural professionals and small groups of agricultural operations participating in the program. ``(d) Use.--An entity that receives a grant under this section directly or through a partnership in accordance with subsection (c) shall carry out an on-farm conservation innovation project that-- ``(1) facilitates on-farm research and demonstration or pilot testing of new technologies or innovative conservation systems and practices that aim to reduce greenhouse gas emissions and decarbonize agriculture; ``(2) facilitates on-farm research and demonstration or pilot testing of practices and systems with a proven high impact for greenhouse gas emissions reduction and decarbonization and low national or regional adoption rates; or ``(3) helps to prepare program participants for participation in environmental services markets that have as a primary goal greenhouse gas emissions reduction or decarbonization of agriculture. ``(e) Incentive Payments.-- ``(1) Agreements.-- ``(A) In general.--In carrying out this section, the Secretary shall enter into agreements with agricultural operations (directly or through governmental or nongovernmental organizations involved in a partnership with 1 or more agricultural operations) on whose land an on-farm conservation innovation project is being carried out under this section to provide payments to the agricultural operations to assist with adopting and evaluating new or innovative conservation approaches to achieve conservation benefits. ``(B) Amount.--Payments provided under subparagraph (A) shall reflect the direct costs of the research and demonstration and compensation for foregone income, as appropriate to address the increased economic risk or lower economic return potentially associated with the applicable innovative conservation approach. ``(2) Adjusted gross income requirements.-- ``(A) In general.--Adjusted gross income requirements under section 1001D(b)(1) shall-- ``(i) apply to producers receiving payments under this subsection; and ``(ii) be enforced by the Secretary. ``(B) Reporting.--A governmental or nongovernmental organization participating in an on-farm conservation innovation project under this subsection shall submit to the Secretary an annual report describing the amount of payments that the organization made to each agricultural operation under this subsection. ``(3) Research, technical assistance, and administrative expenses.--The Secretary may provide to a partnership described in paragraph (1)(A) not more than $50,000 for each on-farm conservation innovation project for research, technical assistance, and administrative expenses. ``(4) Length of agreements.--An agreement entered into under paragraph (1)(A) shall be for a period determined by the Secretary that is-- ``(A) not less than 2 years; and ``(B) if appropriate, more than 2 years, including if the longer period is appropriate to support-- ``(i) adaptive management over multiple crop years; and ``(ii) adequate data collection and analysis by an agricultural operation or partnership to report the natural resource and agricultural production benefits of the new or innovative conservation approaches to the Secretary.''. SEC. 304. STATE ASSISTANCE FOR SOIL HEALTH. Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at the end the following: ``SEC. 1240S. STATE ASSISTANCE FOR SOIL HEALTH. ``(a) Availability and Purpose of Grants.--Using funds made available under subsection (k), the Secretary shall make grants to States or Tribal governments for each of fiscal years 2024 through 2028 to be used by State departments of agriculture or appropriate Tribal authorities to develop and implement plans to improve soil health on agricultural land. ``(b) Application.-- ``(1) In general.--A State department of agriculture or Tribal government requesting a grant under this section shall prepare and submit for approval by the Secretary an application at such time, in such a manner, and containing such information as the Secretary shall require, including an assurance that grant funds received under this section shall supplement the expenditure of State or Tribal funds in support of soil health, rather than replace State or Tribal funds for those purposes. ``(2) Use of funds.--A State or Tribal government may request funds under this section-- ``(A) to develop or modify a State or Tribal soil health plan; or ``(B) to implement a State or Tribal soil health plan approved by the Secretary under this section, including through-- ``(i) technical assistance; ``(ii) financial assistance; ``(iii) on-farm research and demonstration; ``(iv) education, outreach, and training; ``(v) monitoring and evaluation; or ``(vi) such other activities as the Secretary determines to be appropriate. ``(3) Plan components.--Prior to approving a State or Tribal soil health plan, the Secretary shall ensure that the plan, at a minimum-- ``(A) is broadly consistent with the soil health principles of the Natural Resources Conservation Service; and ``(B) identifies effective strategies for increasing adoption of regionally appropriate soil health practices and systems on privately owned agricultural land under the jurisdiction of the applicable State or Tribal government. ``(4) Eligibility.--A State or Tribal government may-- ``(A) apply for a grant for the purposes described in paragraph (2)(A) at any time; and ``(B) apply for a grant for the purposes described in paragraph (2)(B) on approval by the Secretary of a soil health plan for the State or Tribal government. ``(c) Tribal Option.--At the sole discretion of a Tribal government, an Indian Tribe or Tribal organization shall have the option of being incorporated into a State application rather than submitting an application for the Indian Tribe or Tribal organization. ``(d) Grant Amount.-- ``(1) Maximum.--The maximum grant any 1 State or Tribal government may receive under this section for a fiscal year shall be-- ``(A) in the case of a grant for the purposes described in subsection (b)(2)(A), $1,000,000; and ``(B) in the case of a grant for the purposes described in subsection (b)(2)(B), $5,000,000. ``(2) Federal share.-- ``(A) Grants to states.--The amount of a grant to a State under this section shall not exceed-- ``(i) 75 percent of the cost of developing or modifying a soil health plan; or ``(ii) 50 percent of the cost of implementing the soil health plan. ``(B) Grants to tribes.--The amount of a grant to a Tribal government under this section shall not exceed-- ``(i) 90 percent of the cost of developing or modifying a soil health plan; or ``(ii) 75 percent of the cost of implementing the soil health plan. ``(3) Non-federal funds.--A grant made under this section shall be made on the condition that the non-Federal share of expenditures under paragraph (2) be provided by non-Federal sources. ``(e) Grant Term.--A grant under this section shall be for 1 year and may be renewed annually, at the discretion of the Secretary. ``(f) Priority.--The Secretary shall give priority to States or Tribal governments with a climate action plan that includes soil health, as determined by the Secretary. ``(g) Performance Measures and Evaluation.-- ``(1) Performance measures.--Each application under subsection (b) shall include performance measures to be used to evaluate the results of the assistance received under this section. ``(2) Review.--Each applicable State department of agriculture or Tribal authority shall submit to the Secretary a review and evaluation of the progress of the State department of agriculture or Tribal authority, using the performance measures under paragraph (1), at such intervals as the Secretary shall establish. ``(h) Effect of Noncompliance.--If the Secretary, after reasonable notice to a State or Tribal government, determines that there has been a failure by the State or Tribal government to comply with the terms of a grant made under this section, the Secretary may disqualify, for 1 or more years, the State or Tribal government from receipt of future grants under this section. ``(i) Audit Requirement.--For each year that a State or Tribal government receives a grant under this section, the State or Tribal government shall-- ``(1) conduct an audit of the expenditures of grant funds by the State or Tribal government; and ``(2) not later than 30 days after the completion of the audit under paragraph (1), submit to the Secretary a copy of the audit. ``(j) Administration.-- ``(1) Department.--The Secretary may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. ``(2) States and tribes.--A State or Tribal government receiving a grant under this section may not use more than 7 percent of the funds received under the grant for a fiscal year for administrative expenses. ``(k) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to make grants under this section-- ``(1) $60,000,000 for each of fiscal years 2024 and 2025; ``(2) $80,000,000 for each of fiscal years 2026 and 2027; and ``(3) $100,000,000 for fiscal year 2028 and each fiscal year thereafter.''. SEC. 305. FUNDING AND ADMINISTRATION. (a) Commodity Credit Corporation.-- (1) Annual funding.--Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (A), by inserting ``, and $17,000,000 for the period of fiscal years 2024 through 2028,'' after ``2023''; and (ii) in subparagraph (B), by inserting ``and $70,000,000 for the period of fiscal years 2024 through 2028, including not more than $5,000,000 to provide outreach and technical assistance,'' after ``technical assistance,''; (B) in paragraph (2)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking ``2031.'' and inserting ``2023; and''; and (iii) by adding at the end the following: ``(G) $700,000,000 for each of fiscal years 2024 through 2031.''; and (C) in paragraph (3)-- (i) in subparagraph (A)-- (I) in clause (iv), by striking ``and'' at the end; (II) in clause (v), by striking ``each of fiscal years 2023 through 2031'' and inserting ``fiscal year 2023''; and (III) by adding at the end the following: ``(vi) $3,000,000,000 for each of fiscal years 2024 through 2031; and''; and (ii) in subparagraph (B)-- (I) in clause (iv), by striking ``and'' at the end; (II) in clause (v), by striking ``each of fiscal years 2023 through 2031.'' and inserting ``fiscal year 2023; and''; and (III) by adding at the end the following: ``(vi) $4,000,000,000 for each of fiscal years 2024 through 2031.''. (2) Technical assistance.--Section 1241(c) of the Food Security Act of 1985 (16 U.S.C. 3841(c)) is amended by adding at the end the following: ``(5) Special initiative.-- ``(A) In general.--Beginning in fiscal year 2022, and each year thereafter through fiscal year 2028, the Secretary shall use for a special technical assistance initiative to assist producers in mitigating and adapting to climate change, of the funds of the Commodity Credit Corporation, an amount equal to not less than 1 percent of Commodity Credit Corporation funds made available for the applicable fiscal year for each of the programs described in subsection (a). ``(B) Provision of technical assistance.--The Secretary shall provide technical assistance under the special initiative under this paragraph to producers-- ``(i) directly; ``(ii)(I) through an agreement with a third-party provider (as defined in section 1242(a)); or ``(II) at the option of the producer, through a payment, as determined by the Secretary, to the producer for a third-party provider approved under section 1242, if available; or ``(iii) through a cooperative agreement or contract with-- ``(I) a cooperative extension; ``(II) a nongovernmental organization; or ``(III) a State, Tribal, or Federal agency. ``(C) Underserved producers.--In providing technical assistance under this paragraph, the Secretary shall give priority to producers who are persons described in section 1244(a)(2).''. (3) Assistance to certain farmers or ranchers for conservation access.--Section 1241(h) of the Food Security Act of 1985 (16 U.S.C. 3841(h)) is amended-- (A) in paragraph (1)(B), by striking ``practicable--'' in the matter preceding clause (i) and all that follows through the period at the end of clause (ii) and inserting ``practicable, 30 percent to assist beginning farmers or ranchers and socially disadvantaged farmers or ranchers.''; and (B) in paragraph (4), by striking ``section 2501(e)'' and all that follows through the period at the end and inserting ``section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))) that qualifies under paragraph (1)(B).''. (b) Delivery of Technical Assistance.--Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended-- (1) in subsection (a)(2)-- (A) by inserting ``an individual,'' before ``a commercial entity''; (B) by striking ``State or local'' and inserting ``State, local, or Tribal''; and (C) by striking ``nutrient management planning,'' and inserting ``soil health planning, greenhouse gas emissions reduction planning, nutrient management planning, integrated pest management planning, agroforestry planning, organic transition planning,''; (2) in subsection (e)-- (A) in paragraph (3)(A)-- (i) by inserting ``individuals,'' before ``commercial entities,''; and (ii) by striking ``State or local'' and inserting ``State, local, or Tribal''; and (B) in paragraph (5), by inserting ``or organic'' after ``sustainability''; and (3) in subsection (i)-- (A) in the subsection heading, by inserting ``Perennial Agriculture System,'' after ``Organic,''; and (B) in paragraph (2), by inserting ``a perennial agriculture system,'' after ``production,'' each place it appears. (c) Administrative Requirements for Conservation Programs.-- (1) Incentives for certain farmers and ranchers and indian tribes.--Section 1244(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3844(a)(1)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``incentives'' and inserting ``incentives, including higher payment rates, advance payments, transition payments, and farm infrastructure assistance,''; (B) in subparagraph (A), by striking ``and'' at the end; and (C) by striking subparagraph (B) and inserting the following: ``(B) to establish a new generation of producers who use the full array of climate-friendly conservation activities that reduce greenhouse gas emissions, increase soil carbon, and improve resilience to weather extremes; and ``(C) to enhance other long-term environmental goals.''. (2) Review and guidance for practice costs and payment rates.--Section 1244(j)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3844(j)(1)(B)) is amended-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iv) accelerates progress in meeting the goals established under title I of the Agriculture Resilience Act of 2023.''. (3) Advanced grazing management.--Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(q) Advanced Grazing Management.-- ``(1) In general.--In carrying out any conservation program administered by the Secretary, the Secretary shall encourage advanced grazing management, including management-intensive rotational grazing (as those terms are defined in section 1240L(d)(1)). ``(2) Reservation of funds.--In each of fiscal years 2024 through 2028, the Secretary shall use to carry out this subsection not less than \2/3\ of any funds available for activities relating to livestock production under conservation programs administered by the Secretary under this title (other than the conservation reserve program established under subchapter B of chapter 1 of subtitle D, except for acres enrolled in that program under section 1231(d)(2)).''. (d) Environmental Services Markets.--Section 1245 of the Food Security Act of 1985 (16 U.S.C. 3845) is amended by adding at the end the following: ``(f) Greenhouse Gas Emissions and Carbon Sequestration Monitoring and Measurement Federal Advisory Committee.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee, to be known as the `Greenhouse Gas Emissions and Carbon Sequestration Monitoring and Measurement Federal Advisory Committee' (referred to in this subsection as the `advisory committee'). ``(2) Membership.--In carrying out paragraph (1), the Secretary shall appoint members to the advisory committee that-- ``(A) reflect diversity in gender, age, race, and geography; and ``(B) include-- ``(i) farmers and ranchers, including farmers and ranchers operating small and mid- sized farms; ``(ii) organizations representing farmers and ranchers, including organizations representing farmers and ranchers operating small and mid-sized farms; ``(iii) scientists; ``(iv) environmental nonprofit organizations; ``(v) existing private sector carbon and ecosystem services market development initiatives; ``(vi) businesses working to reduce greenhouse gas emissions from agriculture in the supply chains of the businesses; ``(vii) relevant Federal agencies; ``(viii) Tribal communities; and ``(ix) State agriculture agencies. ``(3) Terms.-- ``(A) Term length.--The term of a member of the advisory committee shall be 3 years. ``(B) Reappointment.--The Secretary may reappoint a member of the advisory committee for not more than 2 consecutive terms. ``(4) Meetings.--The advisory committee shall meet-- ``(A) not fewer than 4 times in the first year after the advisory committee is established; and ``(B) not less frequently than twice annually thereafter. ``(5) Recommendations.--Not later than 1 year after the date on which the advisory committee is established, and periodically thereafter, the advisory committee shall submit to the Secretary recommendations on-- ``(A) the feasibility of establishing reliable outcomes-based measurement systems, as described in subsection (g); ``(B) existing technology that provides reliable measurement data; ``(C) with respect to parameters for which existing technology does not provide reliable measurement data, research and technical needs and, as appropriate, goals and plans for that research; ``(D) standards for data collection and dissemination; ``(E) farmer data management and privacy; ``(F) greenhouse gas emissions and soil health inventories and databases, as described in subsection (h); and ``(G) criteria for soil health and greenhouse gas emissions reductions incentives, as described in subsection (i). ``(g) Measurement System.-- ``(1) Purpose.--The Secretary shall evaluate existing outcomes-based measurement systems for recordkeeping, modeling, and measurement of farm-level greenhouse gas emissions and soil carbon sequestration, including measures of soil disturbance, plant diversity, continual living cover, residue management, advanced grazing management, and crop-livestock integration, to determine which of those systems-- ``(A) can be implemented quickly; ``(B) can improve in accuracy and ease over time; ``(C) use the best available science and technology; ``(D) estimate uncertainty; and ``(E) are cost-effective. ``(2) Guidance.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue guidance on the outcomes-based measurement systems evaluated under paragraph (1), based on-- ``(A) recommendations from the advisory committee established under subsection (f); and ``(B) information from-- ``(i) existing and emerging agroecosystem models; ``(ii) remote sensing data and analysis; ``(iii) soil health demonstration trials carried out under section 1240H(c)(7); ``(iv) existing and emerging public environmental services protocols, measurement systems, and benchmarks, including uncertainty predictions and measurements; ``(v) field-level measurement, including field-based data collected under section 21002(a)(2) of Public Law 117-169 (7 U.S.C. 6936 note; 136 Stat. 2018); ``(vi) the Conservation Evaluation and Monitoring Activity for the Carbon Sequestration and Greenhouse Gas Mitigation Assessment; and ``(vii) such other sources as the Secretary determines to be appropriate. ``(3) Review.--The Secretary, based on recommendations from the advisory committee established under subsection (f), shall-- ``(A) establish and maintain an outcomes-based measurement system in accordance with the guidance issued under paragraph (2) when feasible; ``(B) conduct a periodic review of that system; ``(C) periodically make any necessary updates to that system; and ``(D) establish research and development goals and plans, as necessary. ``(h) Inventory.-- ``(1) In general.--Not later than 18 months after the date of enactment of this subsection, and every 2 years thereafter, the Secretary, in consultation with the advisory committee established under subsection (f) and the Administrator of the Environmental Protection Agency, shall conduct a nationwide soil health and agricultural greenhouse gas emissions inventory that uses the best available science and data to establish expected average performance for soil carbon drawdown and storage and greenhouse gas emissions reduction by primary production type and production region. ``(2) Database.--Drawing on the field-based data collected under section 21002(a)(2) of Public Law 117-169 (7 U.S.C. 6936 note; 136 Stat. 2018), the Secretary shall-- ``(A) establish an accessible and interoperable database for the information collected through the inventory conducted under paragraph (1); and ``(B) improve and update that database not less frequently than once every 2 years as new data is collected. ``(i) Criteria.-- ``(1) In general.--The Secretary, in consultation with the advisory committee established under subsection (f), shall establish criteria for payments, credits, or other forms of incentives to inform policy established to promote soil carbon sequestration or greenhouse gas emissions reductions. ``(2) Requirements.--The criteria established under paragraph (1) shall-- ``(A) have a documented likelihood to lead to long- term net increases in soil carbon sequestration and net reductions in greenhouse gas emissions, according to the best available science; ``(B) be based in part on environmental impact modeling of the changes of shifting from baseline agricultural practices to new or improved agricultural practices; and ``(C) be designed to prevent the degradation of other natural resource or environmental conditions. ``(j) Demonstration Trials.-- ``(1) In general.--The Secretary shall periodically review the results from soil health demonstration trials carried out under section 1240H(c)(7), and other similar public and private demonstration trials that the Secretary determines to be appropriate, to inform the activities under subsections (g), (h), and (i). ``(2) Recommendations.--In submitting reports pursuant to section 1240H(c)(7)(C)(ii), the Secretary shall include any recommendations to Congress for changes or additions to the conservation programs under this Act that the Secretary determines to be appropriate to accelerate net increases in soil carbon sequestration and other improvements in soil health.''. SEC. 306. CONSERVATION COMPLIANCE. (a) Definitions.--Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended-- (1) in paragraph (3)-- (A) by striking ``highly erodible'' each place it appears; and (B) in subparagraph (B), by striking ``and conservation treatment measures'' and inserting ``crop rotation and cover crop systems, and other relevant soil conservation and soil health management treatment measures''; (2) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B)-- (i) by striking ``or a substantial improvement in soil conditions on a field or group of fields containing highly erodible cropland'' and inserting ``and a substantial improvement in soil health conditions (including soil carbon levels) on a field or group of fields containing cropland''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(C) are designed to achieve, within 5 years of actively applying a conservation plan, a level of erosion not to exceed twice the soil loss tolerance level; and ``(D) are designed to effectively prevent the formation of new, or treat all existing, ephemeral gullies.''; and (3) in paragraph (11)(A)(ii), by striking ``excessive average annual rate of erosion in relation to'' and inserting ``average annual rate of erosion exceeding twice''. (b) Cropland Conservation.-- (1) Program ineligibility.--Section 1211 of the Food Security Act of 1985 (16 U.S.C. 3811) is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``produces an agricultural commodity'' and all that follows through ``as determined by the Secretary'' and inserting ``carries out an activity described in subsection (b), as determined by the Secretary,''; and (ii) in paragraph (1)(D), by inserting ``cropland or'' before ``highly erodible land''; (B) by redesignating subsection (b) as subsection (c); (C) by inserting after subsection (a) the following: ``(b) Activities Described.--Activities referred to in subsection (a) are-- ``(1) the production of an agricultural commodity on a field on which cropland is predominant; ``(2) the designation of land on which cropland is predominant to be set aside, diverted, devoted to conservation uses, or otherwise not cultivated under a program administered by the Secretary to reduce production of an agricultural commodity; and ``(3) the production of an agricultural commodity without having in place a conservation plan.''; and (D) in subsection (c) (as so redesignated), by striking the heading and inserting ``Authority of Secretary.--''. (2) Exemptions.--Section 1212 of the Food Security Act of 1985 (16 U.S.C. 3812) is amended-- (A) in subsection (a)(3)-- (i) in the first sentence, by striking ``highly erodible land'' and inserting ``cropland''; and (ii) in the first and second sentences, by striking ``only be required to apply a conservation plan established under this subtitle. The person shall not be required to meet a higher conservation standard than the standard applied to other highly erodible'' and inserting ``be required to apply a conservation plan established under this subtitle consistent with the standard applied to other''; (B) in subsection (c)(1), by striking ``highly erodible land'' each place it appears and inserting ``cropland''; and (C) in subsection (f)(4)(A)-- (i) in clause (i), by striking ``highly erodible''; and (ii) in clause (ii)(II), by inserting ``and soil health'' after ``erosion control''. (3) Conforming amendment.--Subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.) is amended in the subtitle heading by striking ``Highly Erodible Land'' and inserting ``Cropland''. SEC. 307. NATIONAL AND REGIONAL AGROFORESTRY CENTERS. Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624) is amended-- (1) by striking the section heading and inserting ``national and regional agroforestry centers''; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively; (3) by striking subsection (a) and inserting the following: ``(a) Definition of Agroforestry.--In this section, the term `agroforestry' means a management system that intentionally integrates trees and shrubs into crop and animal farming systems to build more profitable and weather-resilient farms, ranches, and communities, address natural resource concerns and conservation needs, and establish productive and sustainable land use practices, including-- ``(1) riparian forest buffers and managed waterbreaks; ``(2) alley cropping; ``(3) silvopasture; ``(4) forest farming and multistory cropping; and ``(5) windbreaks, shelterbelts, hedgerows, field borders, and living snow fences. ``(b) National and Regional Agroforestry Centers.-- ``(1) In general.--The Secretary of Agriculture (referred to in this section as the `Secretary')-- ``(A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a National Agroforestry Research, Development, and Demonstration Center; and ``(B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. ``(2) National and regional directors.--The Secretary shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (c).''; (4) in subsection (c) (as so redesignated)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Center'' and inserting ``Centers established under subparagraphs (A) and (B) of subsection (b)(1) (referred to in this section as the `Centers')''; and (ii) by inserting ``and organizations'' after ``nonprofit foundations''; (B) in paragraph (1)-- (i) by striking ``on semiarid lands that'' and inserting ``that build soil health and''; and (ii) by inserting ``, including agroforestry systems on semiarid land and other fragile agroecosystems in which restoration of permanent woody perennial plant communities will enhance carbon sequestration and reduce greenhouse gas emissions'' before the semicolon; (C) in paragraph (3), by striking ``forestry products for commercial sale from semiarid land'' and inserting ``agroforestry products for commercial sale''; (D) in paragraph (4)-- (i) by striking ``in semiarid regions''; and (ii) by striking ``the Great Plains region'' and inserting ``particular regions''; (E) in paragraph (5), by inserting ``technical assistance and'' before ``technology''; (F) by striking paragraph (6) and inserting the following: ``(6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity;''; (G) in paragraph (7), by striking ``on semiarid lands''; (H) in paragraph (8), by striking ``on semiarid lands worldwide'' and inserting ``worldwide, including on semiarid land''; and (I) in paragraph (9)-- (i) by striking ``on semiarid lands''; and (ii) by inserting ``and climate change'' after ``pollution''; (5) in subsection (d) (as so redesignated)-- (A) in the matter preceding paragraph (1), by striking ``Center'' and inserting ``Centers''; (B) in paragraph (1), by striking ``and'' at the end; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(3) facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry.''; (6) by inserting after subsection (d) (as so redesignated) the following: ``(e) Grants.--The Secretary may establish regional grant programs at each of the Centers to support agroforestry projects, including demonstration farms.''; and (7) in subsection (f) (as so redesignated), by inserting ``and $25,000,000 for each of fiscal years 2024 through 2028'' after ``through 2023''. TITLE IV--FARMLAND PRESERVATION AND FARM VIABILITY SEC. 401. LOCAL AGRICULTURE MARKET PROGRAM. Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) is amended-- (1) in subsection (a)(12)(A)-- (A) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (iii) the following: ``(iv) is produced and marketed in a manner that significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; ``(v) when added to the crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the semicolon at the end and inserting ``, including value-added agricultural products from crops or animals that, when added into crop or grazing rotations on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions; and''; and (iii) by adding at the end the following: ``(D) markets for agricultural commodities and products produced in a manner that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; (B) in paragraph (3)-- (i) by striking ``and local'' and inserting ``, local''; and (ii) by inserting ``, and production and marketing approaches to significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions'' before the semicolon at the end; (C) in paragraph (5), by striking ``and'' at the end; (D) by redesignating paragraph (6) as paragraph (7); and (E) by inserting after paragraph (5) the following: ``(6) enhances the economic viability of producers and related agricultural enterprises; and''; (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``subsection (i)'' and inserting ``subsection (j)''; and (ii) by striking ``2023'' and inserting ``2028''; (B) in paragraph (2)-- (i) in subparagraph (C)-- (I) in clause (i), by striking ``and'' at the end; (II) in clause (ii), by adding ``and'' at the end; and (III) by adding at the end the following: ``(iii) agricultural commodities and products that are produced and marketed in a manner that-- ``(I) significantly improves soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or ``(II) when added to a crop or grazing rotation on a farm will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; and (ii) in subparagraph (F), by striking ``producers of local food products and value- added agricultural products in new and existing markets'' and inserting the following: ``producers of-- ``(i) local food products; ``(ii) value-added agricultural products in new and existing markets; and ``(iii) agricultural commodities and products that are produced in a manner that-- ``(I) enhances soil health and carbon sequestration or significantly reduces greenhouse gas emissions; or ``(II) when added to a crop or grazing rotation on a farm, will significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions;''; and (C) in paragraph (5)(A), by inserting ``and the Chief of the Natural Resources Conservation Service'' before the period at the end; (4) in subsection (e)(2)(A)-- (A) by striking ``subsection (i)'' and inserting ``subsection (j)''; and (B) by striking ``2023'' and inserting ``2028''; (5) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; (6) by inserting after subsection (e) the following: ``(f) Farm Viability and Local Climate Resiliency Centers.-- ``(1) In general.--The Secretary, acting through the Administrator of the Agricultural Marketing Service and in coordination with the Administrator of the Rural Business- Cooperative Service and the Chief of the Natural Resources Conservation Service, shall provide grants to eligible entities described in paragraph (2) to serve as farm viability and local climate resiliency centers (referred to in this section as `centers') to support-- ``(A) efforts to enhance farm viability; and ``(B) the development, coordination, and expansion of markets for commodities and farm products that significantly improve soil health and carbon sequestration or significantly reduce greenhouse gas emissions. ``(2) Eligible entities.--An entity is eligible to receive a grant under this subsection if the entity is-- ``(A) an agricultural cooperative or other agricultural business entity or a producer network or association; ``(B) a local, State, or Tribal government; ``(C) a nonprofit corporation; ``(D) a public benefit corporation; ``(E) an economic development corporation; ``(F) an institution of higher education; or ``(G) such other entity as the Secretary may designate. ``(3) Use of funds.--An eligible entity receiving a grant under this subsection shall use grant funds to provide to entities described in subsection (d)(5)(B)-- ``(A) assistance for the development of business plans and feasibility studies; ``(B) assistance in developing marketing strategies for-- ``(i) local products; and ``(ii) value-added agricultural products in new and existing markets; ``(C) assistance in enterprise development for the processing, aggregation, distribution, and storage of-- ``(i) local and regional food products that are marketed locally or regionally; and ``(ii) value-added agricultural products; ``(D) assistance relating to finances and recordkeeping; ``(E) assistance relating to enterprise and business management; ``(F) assistance relating to ownership succession planning; ``(G) outreach and assistance in the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; ``(H) outreach regarding assistance available under subsection (d); ``(I) outreach regarding assistance available through other programs administered by any other Federal agency that supports the adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions; or ``(J) at the request of the entity described in subsection (d)(5)(B), assistance in applying for a grant under subsection (d), including acting on behalf of the entity in applying for the grant. ``(4) Geographic diversity.--To the maximum extent practicable, the Secretary shall ensure geographic diversity in selecting eligible entities to receive a grant under this subsection. ``(5) Non-federal share.--An entity receiving a grant under this subsection shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant. ``(6) Applications.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications. ``(B) Competitive process.--The Secretary-- ``(i) shall conduct a competitive process to select applications submitted under subparagraph (A); ``(ii) may assess and rank applications with similar proposals as a group; and ``(iii) shall, prior to accepting applications under that subparagraph, make public the criteria to be used in evaluating the applications. ``(7) Priority.--The Secretary may give priority to applications submitted under paragraph (6)(A) that include-- ``(A) plans to use funds for 3 or more of purposes described in paragraph (3); or ``(B) activities relating to improving the use and expanded adoption of farming practices that enhance soil health and carbon sequestration or significantly reduce greenhouse gas emissions while simultaneously improving farm viability. ``(8) Administrative expenses.--An entity receiving a grant under this subsection may use not more than 4 percent of the funds received through the grant for administrative expenses.''; (7) in subsection (i)(1) (as so redesignated), in the matter preceding subparagraph (A), by striking ``subsection (i)(3)(E)'' and inserting ``subsection (j)(3)(E)''; and (8) in subsection (j) (as so redesignated)-- (A) in paragraph (1), by striking ``fiscal year 2019'' and inserting ``each of fiscal years 2019 through 2023 and $150,000,000 for fiscal year 2024''; (B) in paragraph (3)-- (i) in subparagraph (A)(i), by striking ``35'' and inserting ``36''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Farmers' market and local food promotion grants.-- ``(i) In general.--Of the funds made available to carry out this section for a fiscal year, 36 percent shall be used for grants under subsection (d)(6). ``(ii) Allocation among subprograms.--Of the funds made available for grants under subsection (d)(6) for a fiscal year-- ``(I) 40 percent shall be made available for farmers' market promotion grants; and ``(II) 60 percent shall be made available for local food promotion grants.''; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (D) by inserting after subparagraph (C) the following: ``(D) Farm viability and local climate resiliency.--Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants under subsection (f).''; and (E) in subparagraph (E) (as so redesignated), in the matter preceding clause (i), by striking ``or (C)'' and inserting ``(C), or (D)''. SEC. 402. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM. (a) Federal Share.--Section 10606(b)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(b)(2)) is amended by striking ``$750'' and inserting ``$1,500''. (b) Mandatory Funding.--Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by striking ``shall make available'' in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (C) and inserting ``shall use such sums as are necessary to carry out this section.''. SEC. 403. FARMLAND PROTECTION POLICY ACT. (a) Findings, Purpose, and Definitions.--Section 1540 of the Agriculture and Food Act of 1981 (7 U.S.C. 4201) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (B) by inserting after paragraph (3) the following: ``(4) the Nation's farmland is a vital source of environmental services, such as carbon sequestration;''; (2) in subsection (b), by inserting ``Tribal,'' after ``State,''; and (3) in subsection (c)-- (A) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (7), (8), and (6), respectively, and moving the paragraphs so as to appear in numerical order; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) the term `conversion' means-- ``(A) the physical conversion of farmland to a nonagricultural use; ``(B) the effective conversion of farmland as a consequence of physical conversion of adjacent farmland, which threatens the continued viability of the land for agricultural use; or ``(C) a change in management of federally owned land historically used for agriculture to a nonagricultural use;''; (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (B), by striking ``that is used for'' and inserting ``that is suitable for''; and (ii) in subparagraph (C), by inserting ``and is suitable'' after ``local importance''; (D) by inserting after paragraph (2) (as so redesignated) the following: ``(3) the term `farmland of national significance' means farmland that is the most suitable for intensive crop and food production, as determined by the Secretary, taking into consideration, among other factors, the physical and chemical characteristics of the farmland;''; (E) in paragraph (4), in the second sentence, by striking ``and'' at the end; (F) by inserting after paragraph (4) the following: ``(5) the term `permanently protected farmland' means farmland encumbered by a conservation easement-- ``(A) held by the Federal Government, a State, Tribal, or local unit of government, or a land conservation organization; and ``(B) that is perpetual or the maximum number of years allowed by State law;''; (G) in paragraph (6) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in paragraph (7) (as so redesignated), by adding ``and'' at the end; and (I) in paragraph (8) (as so redesignated), by striking the semicolon at the end and inserting a period. (b) Farmland Protection Policy.--Section 1541 of the Agriculture and Food Act of 1981 (7 U.S.C. 4202) is amended to read as follows: ``SEC. 1541. FARMLAND PROTECTION POLICY. ``(a) In General.--It is the policy of the United States that Federal programs-- ``(1) shall minimize the conversion of farmland to nonagricultural uses; and ``(2) subject to subsection (d), shall not convert to nonagricultural uses farmland-- ``(A) that is permanently protected farmland; ``(B) that has been defined and delineated by the Secretary under subsection (b)(1) as farmland of national significance; or ``(C) that has been defined and delineated by a State as significant to the State or a priority for inclusion in a State farmland protection program and for which the State has submitted a definition and delineation under subsection (b)(2). ``(b) Definition and Delineation of Land.-- ``(1) National significance.-- ``(A) In general.--The Secretary shall define and delineate farmland of national significance. ``(B) Experts.--The Secretary shall convene a group of experts, including agronomists and soil scientists, to assist the Secretary in carrying out subparagraph (A). ``(2) State significance.--Any State wishing to have farmland recognized under subsection (a)(2)(C) shall provide to the Secretary a definition and delineation of the farmland. ``(c) Process and Criteria.-- ``(1) Process and criteria.--The Secretary shall develop a process, including criteria-- ``(A) to determine the potential conversion of farmland as a consequence of any action or activity conducted through a Federal program; ``(B)(i) to minimize the conversion of farmland to nonagricultural uses; or ``(ii) in the case of farmland identified under subsection (a)(2), to avoid conversion of the farmland to nonagricultural uses; ``(C) to provide to the Secretary notice regarding actions described in subparagraphs (A) and (B); and ``(D) that the Secretary shall use to make determinations under subsection (d). ``(2) Use required.--Each department, agency, independent commission, and other unit of the Federal Government shall use the process and criteria developed under paragraph (1) in carrying out a Federal program. ``(d) Exemption.-- ``(1) In general.--Subsection (a)(2) shall not apply if the Secretary determines, based on the process and criteria developed under subsection (c)(1), that converting farmland to nonagricultural uses cannot be avoided. ``(2) Minimization of conversion.--In a case in which the Secretary makes a determination under paragraph (1), the Federal program shall minimize the conversion of farmland described in subsection (a)(2) to the maximum extent practicable. ``(e) Information.--The Secretary may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information-- ``(1) useful in restoring, maintaining, and improving the quantity and quality of farmland; and ``(2) concerning the location of permanently protected farmland. ``(f) Assistance.--The Secretary shall provide assistance to departments, agencies, independent commissions, and other units of the Federal Government, on request, in using the process and criteria developed under subsection (c)(1).''. SEC. 404. AGRICULTURAL CONSERVATION EASEMENT PROGRAM. Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended-- (1) in subsection (b)-- (A) in paragraph (4)(C)(iv), by striking ``only''; and (B) by adding at the end the following: ``(6) Condition of assistance.-- ``(A) In general.--As a condition of receiving cost-share assistance under this section, the owner of eligible land shall agree to have in place a conservation plan that addresses applicable resource concerns for the land subject to the easement, including soil health and greenhouse gas emissions reduction, not later than 3 years after the date on which the easement is granted. ``(B) Bureau of indian affairs.--Subparagraph (A) may be satisfied by having in place a conservation plan developed or recognized by the Bureau of Indian Affairs.''; and (2) by striking subsection (d) and inserting the following: ``(d) Technical Assistance.--The Secretary may provide technical assistance, if requested, to assist in-- ``(1) compliance with the terms and conditions of an easement; and ``(2) development and implementation of a conservation plan required under subsection (b)(6), including, as applicable-- ``(A) a conservation plan for highly erodible land required under subsection (b)(4)(C)(iv); and ``(B) a comprehensive conservation plan developed pursuant to subsection (e)(1). ``(e) Financial Assistance.-- ``(1) In general.-- ``(A) Enrollment in csp.--At the sole option of the owner of the eligible land subject to an easement, the Secretary shall provide for the automatic enrollment of the eligible land subject to the easement in the conservation stewardship program established by subchapter B of chapter 4 of subtitle D, including financial assistance for the development of a comprehensive conservation plan under section 1240L(e), if the person or entity farming the eligible land is otherwise eligible for the conservation stewardship program, as determined by the Secretary. ``(B) Determination of compliance.--In the case of eligible land enrolled in the conservation stewardship program pursuant to subparagraph (A), the Secretary shall have the sole responsibility of determining compliance with the terms of the conservation stewardship program contract. ``(C) Funding.--Funding received by an eligible entity pursuant to this paragraph shall not be considered in the calculation of costs under subsection (b). ``(2) Timing.--The owner of the eligible land subject to an easement may exercise the option under paragraph (1)(A) during the 3-year period beginning on the date on which the easement is granted.''. TITLE V--PASTURE-BASED LIVESTOCK SEC. 501. ANIMAL RAISING CLAIMS. The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``Subtitle H--Animal Raising Claims ``SEC. 298A. DEFINITIONS. ``In this subtitle: ``(1) Animal raising claim.--The term `animal raising claim' means a statement on the labeling of a meat food product or poultry product used in interstate commerce that references-- ``(A) the manner in which the source animal for the meat food product or poultry product was raised, including-- ``(i) production practices that were used, such as living or raising conditions; and ``(ii) the location or source where the source animal was born, raised, and processed; or ``(B) the breed of the source animal. ``(2) Meat food product.--The term `meat food product' has the meaning given the term in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601). ``(3) Poultry product.--The term `poultry product' has the meaning given the term in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453). ``(4) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Food Safety and Inspection Service. ``SEC. 298B. REQUIRED VERIFICATION PROCESS FOR ANIMAL RAISING CLAIMS. ``(a) Purpose.--The purpose of this section is to facilitate marketing, truth in labeling, and new economic opportunities for producers and businesses using animal raising claims. ``(b) Standards and Procedures.-- ``(1) In general.--Not later than 2 years after the date of enactment of this subtitle, after providing notice and an opportunity to comment, and in a manner consistent with United States obligations under international agreements, the Secretary shall establish-- ``(A) mandatory standards with respect to animal raising claims, including the standards described in paragraph (2); ``(B) procedures-- ``(i) to verify an animal raising claim prior to the use in commerce of any meat food product or poultry product bearing that claim; and ``(ii) that are incorporated seamlessly with the labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and ``(C) on-farm and supply chain auditing and verification procedures to ensure the truthfulness of animal raising claims. ``(2) Standards.--In developing and approving animal raising claim standards under paragraph (1)(A), the Secretary shall include standards relating to-- ``(A) diet claims, including claims that the source animal was grass fed, vegetarian fed, or fed no animal byproducts; ``(B) living and raising condition claims, including claims that the source animal was cage free, free range, or pasture raised; ``(C) antibiotic and hormone claims, including claims that the source animal was raised without antibiotics, had no hormones added, or was raised without growth promotants; ``(D) source claims that the source animal can be traced back to its farm of origin from birth to slaughter; ``(E) age claims; ``(F) animal welfare claims; ``(G) environmental stewardship claims, including greenhouse gas reduction and carbon sequestration claims; ``(H) breed claims; and ``(I) any other claim that the Secretary determines appropriate. ``(3) Consistency with other laws.--The Secretary shall ensure consistency between the animal raising claim standards established under this subsection and the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) and any rules or regulations implementing that Act. ``(c) Third-Party Certification.--A producer of a meat food product or a poultry product may use an animal raising claim that is verified by a third party if-- ``(1) the claim is consistent with standards established by the Secretary under subsection (b); and ``(2) the procedures used by the third party to verify the claim, and for any subsequent auditing, are equivalent to the verification and auditing procedures established under subsection (b)(1)(C), as determined by the Secretary. ``(d) Approval Process.--To the maximum extent practicable, the Secretary shall require that a producer seeking to make an animal raising claim shall submit to the Secretary, prior to using the label on the meat food product or poultry product that is the subject of the animal raising claim, the following documentation to support the animal raising claim: ``(1) A detailed written description explaining the controls used for ensuring that the animal raising claim is valid, as applicable-- ``(A) from birth to harvest; or ``(B) for the period of raising referenced in the animal raising claim. ``(2) A signed and dated document describing the manner in which the source animals were raised. ``(3) A written description of the product tracing and segregation mechanism used with respect to the applicable meat food product or poultry product from the time of slaughter of the source animal or further processing through the packaging and distribution of the meat food product or poultry product. ``(4) A written description of the identification, control, and segregation of nonconforming animals or products. ``(5) In the case of a meat food product or poultry product certified by a third party, a current copy of the third-party certificate. ``(e) Compliance Requirements.--Beginning on the date that is 3 years after the date of enactment of this subtitle-- ``(1) a person may sell or label a domestic meat food product or poultry product with an animal raising claim only if the animal raising claim and the meat food product or poultry product is in compliance with the standards established under subsection (b); and ``(2) an imported meat food product or poultry product may be sold or labeled with an animal raising claim if, as determined by the Secretary, the animal raising claim and the meat food product or poultry product is in compliance with a verification program that provides safeguards and guidelines that are at least equivalent to the standards established under subsection (b). ``(f) Violations.-- ``(1) Misuse of label.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have knowingly sold or labeled any meat food product or poultry product with an animal raising claim in violation of this subtitle, including the standards and procedures established under subsection (b), shall be assessed a civil penalty of not more than $10,000. ``(2) False statement.--Any person who, after notice and an opportunity to be heard, is found by the Secretary to have made to the Secretary, a Federal or State official, or a third-party certifier a false, fraudulent, or fictitious statement, or to have concealed to, hidden from, falsified to, or deceived the Secretary, official, or certifier regarding a material fact, with respect to an animal raising claim subject to the requirements of this subtitle, shall be subject to a penalty described in section 1001 of title 18, United States Code. ``(g) Effect on Other Laws.--Nothing in this section alters the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). ``SEC. 298C. APPLICABILITY. ``This subtitle shall only apply to meat food products and poultry products that are subject to labeling requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subtitle.''. SEC. 502. PROCESSING RESILIENCE GRANT PROGRAM. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Business enterprise owned and controlled by socially and economically disadvantaged individuals.--The term `business enterprise owned and controlled by socially and economically disadvantaged individuals' has the meaning given the term in section 3002 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 33806 (July 25, 1996))); ``(B) a slaughtering or processing establishment subject to-- ``(i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act (21 U.S.C. 661); or ``(ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act (21 U.S.C. 454); ``(C) a person engaging in custom operations that is exempt from inspection under-- ``(i) section 23 of the Federal Meat Inspection Act (21 U.S.C. 623); or ``(ii) section 15 of the Poultry Products Inspection Act (21 U.S.C. 464); and ``(D) a person seeking-- ``(i) to establish and operate an establishment described in subparagraph (A) or (B); or ``(ii) to engage in custom operations described in subparagraph (C). ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. ``(b) Grants.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to increase resiliency and diversification of the meat processing system, including activities that-- ``(A) support the health and safety of meat and poultry plant employees, suppliers, and customers; ``(B) support increased processing capacity; and ``(C) otherwise support the resilience of the small meat and poultry processing sector. ``(2) Maximum amount.--The maximum amount of a grant awarded under this section shall not exceed $500,000. ``(3) Duration.--The term of a grant awarded under this section shall not exceed 3 years. ``(c) Applications.-- ``(1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Applications for small grants.--The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. ``(3) Requirements.--The Secretary shall ensure that any application for a grant under this section is-- ``(A) simple and practicable; ``(B) accessible online; and ``(C) available through local staff of the Department of Agriculture. ``(4) Notice.--Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section. ``(5) Reapplication.--If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. ``(6) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(2)(A); or ``(C) support an eligible entity that is a business enterprise owned and controlled by socially and economically disadvantaged individuals. ``(d) Use of Grant.--An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through-- ``(1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; ``(2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); ``(3) the purchase of cold storage, equipment, or transportation services; ``(4) the purchase of temperature screening supplies, testing for communicable diseases, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies; ``(5) the purchase and decontamination of personal protective equipment; ``(6) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; ``(7)(A) the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and ``(B) the provision of guidelines and training relating to that software and computer equipment; ``(8) the provision of staff time and training for implementing and monitoring health and safety procedures; ``(9) the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility; ``(10) the purchase of equipment that enables the further use or value-added sale of coproducts or byproducts, such as organs, hides, and other relevant products; and ``(11) other activities associated with expanding or establishing an eligible entity described in subsection (a)(2)(A), as determined by the Secretary. ``(e) Outreach.--During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. ``(f) Federal Share.-- ``(1) In general.--Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed-- ``(A) 90 percent in the case of a grant in the amount of $100,000 or less; or ``(B) 75 percent in the case of a grant in an amount greater than $100,000. ``(2) Fiscal years 2023 and 2024.--An eligible entity awarded a grant under this section during fiscal year 2023 or 2024 shall not be required to provide non-Federal matching funds with respect to the grant. ``(g) Administration.--The promulgation of regulations under, and administration of, this section shall be made without regard to-- ``(1) the notice and comment provisions of section 553 of title 5, United States Code; and ``(2) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000 for each of fiscal years 2023 through 2028.''. SEC. 503. CONSERVATION OF PRIVATE GRAZING LAND. (a) Purpose.--Section 1240M(a) of the Food Security Act of 1985 (16 U.S.C. 3839bb(a)) is amended-- (1) in paragraph (6), by inserting ``conserving water and'' before ``improving''; (2) in paragraph (7), by striking ``and'' at the end; (3) in paragraph (8), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(9) conserving and improving soil health and improving grazing system resilience in the face of climate change through advanced grazing management practices; and ``(10) providing support for producers transitioning from confinement and feedlot systems or continuous grazing to managed grazing-based systems, including support for pasture development and management.''. (b) Definitions.--Section 1240M(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839bb(b)(2)) is amended by striking ``hay land'' and inserting ``perennial hay land, including silvopasture''. (c) Private Grazing Land Conservation Assistance.--Section 1240M(c) of the Food Security Act of 1985 (16 U.S.C. 3839bb(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``and partnerships described in paragraph (2)(B)'' after ``local conservation districts''; (B) by striking subparagraph (B) and inserting the following: ``(B) planning and implementing regionally appropriate, advanced grazing land management technologies to improve soil health and maximize carbon sequestration;''; (C) in subparagraph (C)(iv), by inserting ``through integrated strategies that include rotational and multispecies grazing, integrated pest management, and other ecological practices'' after ``brush encroachment problems''; (D) in subparagraph (H), by striking ``and'' at the end; (E) in subparagraph (I), by striking the period at the end and inserting ``; and''; and (F) by adding at the end the following: ``(J) assisting producers in transitioning from confinement or feedlot systems or continuous grazing to managed grazing-based systems, including assistance in pasture development and management.''; and (2) by striking paragraph (2) and inserting the following: ``(2) Program elements.-- ``(A) Technical assistance and education.-- Personnel of the Department trained in pasture and range management shall be made available under the program to deliver and coordinate technical assistance and education to owners and managers of private grazing land, including owners and managers interested in developing new or improved pasture or grazing-based systems on the land of the owners and managers, at the request of the owners and managers. ``(B) Partnerships.--In carrying out the program under this section, the Secretary shall provide research, demonstration, education (including conferences, workshops, field days, and trainings), workforce training, planning, and outreach activities through partnerships with-- ``(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); ``(ii) nongovernmental organizations; and ``(iii) Tribal organizations. ``(C) Cooperative agreements.-- ``(i) In general.--In carrying out the program under this section, the Secretary shall provide funds on a competitive basis for cooperative agreements to regional, State, or local partnerships to use to conduct grazing land research, demonstration, education, workforce training, planning, and outreach projects. ``(ii) Duration.--Grants made by partnerships under this subparagraph shall be for a period not to exceed 3 years. ``(iii) Limitation on indirect costs.--A partnership that receives funding under this subparagraph may not use more than 15 percent of the total cost of the project for the indirect costs of carrying out the project. ``(iv) Priority.--A partnership that receives funding under this subparagraph shall give priority to projects that-- ``(I) focus on sustainable grazing management systems and techniques that assist producers with multiple ecosystem services, including climate change adaptation and mitigation; and ``(II) involve beginning farmers and ranchers, socially disadvantaged farmers and ranchers, Tribal producers, or new graziers (including State or federally registered apprenticeships).''. (d) Grazing Technical Assistance Training.--Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (d) and inserting the following: ``(d) Grazing Technical Assistance Training.--In carrying out the program under this section, the Secretary shall provide funds to establish training programs to foster a new generation of technical assistance providers to support advanced grazing management.''. (e) Funding.--Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended by striking subsection (e) and inserting the following: ``(e) Funding.-- ``(1) Mandatory funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2024 through 2028. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2024 through 2028. ``(3) Cooperative agreements.--Of the funds made available under paragraphs (1) and (2), the Secretary shall use not less than 80 percent to carry out subsection (c)(2)(C). ``(4) Technical assistance training.--Of the funds made available under paragraphs (1) and (2), the Secretary shall use not more than 10 percent to carry out subsection (d).''. SEC. 504. CONSERVATION RESERVE PROGRAM. (a) Conservation Reserve.--Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended-- (1) in subsection (a), by striking ``2023'' and inserting ``2028''; (2) in subsection (d)-- (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: ``(A) fiscal year 2024, not more than 28,000,000 acres; ``(B) fiscal year 2025, not more than 29,000,000 acres; ``(C) fiscal year 2026, not more than 30,000,000 acres; ``(D) fiscal year 2027, not more than 31,000,000 acres; and ``(E) fiscal year 2028, not more than 32,000,000 acres.''; and (B) in paragraph (2)(A)-- (i) in clause (i), by striking ``and'' at the end; (ii) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) the Secretary shall enroll and maintain in the conservation reserve not fewer than 7,000,000 acres of land described in subsection (b)(3) by September 30, 2028, of which not fewer than 5,000,000 acres shall be reserved for the pilot program established under section 1231C(c).''. (b) Pilot Programs.--Section 1231C of the Food Security Act of 1985 (16 U.S.C. 3831c) is amended by adding at the end the following: ``(c) Grassland 30.-- ``(1) In general.-- ``(A) Enrollment.--The Secretary shall establish a pilot program to enroll land in the conservation reserve program through a 30-year conservation reserve contract (referred to in this subsection as a `Grassland 30 contract') in accordance with this subsection. ``(B) Inclusion of acreage limitation.--For purposes of applying the limitations in section 1231(d)(1), the Secretary shall include acres of land enrolled under this subsection. ``(2) Eligible land.--Eligible land for enrollment through a Grassland 30 contract-- ``(A) is land that is eligible to be enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2); and ``(B) shall not be limited to land that is subject to a covered contract (as defined in paragraph (3)(A)). ``(3) Conservation contract election.-- ``(A) Definition of covered contract.--In this paragraph, the term `covered contract' means a contract entered into under this subchapter that-- ``(i) expires on or after the date of enactment of this subsection; and ``(ii) covers land enrolled in the conservation reserve program under the grasslands initiative described in section 1231(d)(2). ``(B) Expiring contracts.--On the expiration of a covered contract, an owner or operator party to the covered contract shall elect-- ``(i) not to reenroll the land under the contract; ``(ii) to offer to reenroll the land under the contract if the land remains eligible under the terms in effect as of the date of expiration; or ``(iii) not to reenroll the land under the contract and to enroll that land through a Grassland 30 contract under this subsection. ``(C) Unexpired contracts.--Prior to the expiration of a covered contract, an owner or operator party to the covered contract may elect to terminate the contract and to enroll that land through a Grassland 30 contract under this subsection. ``(4) Term.--The term of a Grassland 30 contract shall be 30 years. ``(5) Agreements.--To be eligible to enroll land in the conservation reserve program through a Grassland 30 contract, the owner of the land shall enter into an agreement with the Secretary-- ``(A) to implement a conservation reserve plan developed for the land; ``(B) to comply with the terms and conditions of the contract and any related agreements; and ``(C) to temporarily suspend the base history for the land covered by the contract. ``(6) Terms and conditions of grassland 30 contracts.-- ``(A) In general.--A Grassland 30 contract-- ``(i) shall include terms and conditions that promote sustainable grazing systems, protect and enhance soil carbon levels, and are compatible with wildlife habitat conservation, as determined by the Secretary; and ``(ii) may include any additional provision that the Secretary determines is appropriate to carry out this subsection or facilitate the practical administration of this subsection. ``(B) Violation.--On the violation of a term or condition of a Grassland 30 contract, the Secretary may require the owner to refund all or part of any payments received by the owner under the conservation reserve program, with interest on the payments, as determined appropriate by the Secretary. ``(C) Compatible uses.--Land subject to a Grassland 30 contract may be used for compatible economic uses, including hunting and fishing, if the use-- ``(i) is specifically permitted by the conservation reserve plan developed for the land; and ``(ii) is consistent with the long-term protection and enhancement of the conservation resources for which the contract was established. ``(7) Compensation.-- ``(A) Amount of payments.--The Secretary shall provide payment under this subsection to an owner of land enrolled through a Grassland 30 contract using 30 annual payments in an amount equal to the amount that would be used if the land were to be enrolled in the conservation reserve program under section 1231(d)(2). ``(B) Form of payment.--Compensation for a Grassland 30 contract shall be provided by the Secretary in the form of a cash payment in an amount determined under subparagraph (A). ``(C) Timing.--The Secretary shall provide any annual payment obligation under subparagraph (A) as early as practicable in each fiscal year. ``(D) Payments to others.--The Secretary shall make a payment, in accordance with regulations prescribed by the Secretary, in a manner as the Secretary determines is fair and reasonable under the circumstances, if an owner who is entitled to a payment under this section-- ``(i) dies; ``(ii) becomes incompetent; ``(iii) is succeeded by another person or entity who renders or completes the required performance; or ``(iv) is otherwise unable to receive the payment. ``(8) Technical assistance.-- ``(A) In general.--The Secretary shall assist owners in complying with the terms and conditions of a Grassland 30 contract. ``(B) Contracts or agreements.--The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a Grassland 30 contract if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program. ``(9) Administration.-- ``(A) Conservation reserve plan.--The Secretary shall develop a conservation reserve plan for any land subject to a Grassland 30 contract, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land, including the protection and enhancement of soil carbon levels. ``(B) Delegation of contract administration.-- ``(i) Federal, state, tribal, or local government agencies.--The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this subsection to other Federal, State, Tribal, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities. ``(ii) Conservation organizations.--The Secretary may delegate any management responsibilities of the Secretary under this subsection to conservation organizations if the Secretary determines the conservation organization has similar expertise and resources.''. SEC. 505. ALTERNATIVE MANURE MANAGEMENT PROGRAM. Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839bb et seq.) (as amended by section 304) is amended by adding at the end the following: ``SEC. 1240T. ALTERNATIVE MANURE MANAGEMENT PROGRAM. ``(a) Definitions.--In this section: ``(1) Alternative manure management program.--The term `alternative manure management program' means the program established under subsection (b). ``(2) Covered management measure.--The term `covered management measure' means a dairy or livestock operation method that is used by an eligible producer to reduce baseline methane emissions and, where applicable, improve carbon sequestration on the operation of that eligible producer, including the measures described in subparagraphs (A) through (D) of subsection (f)(2). ``(3) Eligible producer.--The term `eligible producer' means a dairy or livestock producer who agrees to reduce greenhouse gas emissions by adopting at least 1 covered management measure as an alternative or complement to anaerobic systems that capture methane emissions. ``(4) Pasture-based management.--The term `pasture-based management' means a dairy or livestock production system-- ``(A) that eliminates or reduces the quantity of manure stored in anaerobic conditions; and ``(B) in which the animals spend all or a substantial portion of their time grazing on fields in which some or all of the manure is deposited and left in the field and decomposes aerobically. ``(5) Solid separation system.--The term `solid separation system' means a system designed to separate liquid components of manure from mineral and organic solid components of that manure. ``(b) Establishment.--The Secretary shall establish an alternative manure management program to award contracts to eligible producers to support carbon sequestration and greenhouse gas emissions reductions by implementing covered management measures. ``(c) Submission of Contract Offers.--To be eligible to participate in the alternative manure management program, an eligible producer shall submit to the Secretary a contract offer that details any management measure to be used on the operation of the eligible producer. ``(d) Cluster Contract Offers.--The Secretary shall establish procedures under which-- ``(1) groups of eligible producers may submit a joint contract offer for a shared composting facility; and ``(2) the Secretary shall allocate payments to each eligible producer associated with a joint contract described in paragraph (1). ``(e) Duties of the Secretary.-- ``(1) Evaluation criteria.--The Secretary shall develop criteria for evaluating applications that will maximize-- ``(A) carbon sequestration; ``(B) greenhouse gas emissions reductions; and ``(C) the overall environmental and public health benefits. ``(2) Priority.--In awarding contracts under this section, the Secretary, using criteria developed under paragraph (1), shall give priority to contract offers that address air quality, water quality, or other public health concerns associated with dairy and livestock operations located near low-income or underserved communities. ``(3) Grouping of applications.--The Secretary may group and evaluate contract offers relative to other contract offers for similar farming operations. ``(4) Geographical diversity.--In awarding contracts under this section, the Secretary shall ensure geographical diversity. ``(f) Contract Provisions.-- ``(1) Term.--A contract awarded under this section shall have a term that does not exceed 3 years. ``(2) Covered management measures.--Each eligible producer requesting funding for a project under the alternative manure management program shall implement at least 1 of the following management measures: ``(A) With respect to pasture-based management-- ``(i) adopting pasture-based management; ``(ii) converting a non-pasture dairy or livestock operation to pasture-based management; ``(iii) increasing the amount of time livestock spend at pasture at an existing pasture operation; or ``(iv) improving pasture-based management, including transitioning to management-intensive rotational grazing (as defined in section 1240L(d)(1)). ``(B) Adopting alternative manure treatment and storage practices, including-- ``(i) the installation of a compost-bedded pack barn that composts manure; ``(ii) the installation of slatted floor pit storage manure collection that is cleaned out at least once a month; or ``(iii) other similar practices, as determined by the Secretary. ``(C)(i) Adopting a solid separation system, installing a new solid separation system that has a significantly higher separation efficiency than any existing solid separation system, or developing or retrofitting a manure management system that primarily avoids wet handling infrastructure; and ``(ii) in conjunction with 1 or more of the following management measures: ``(I) Open solar drying or composting of manure onsite. ``(II) Solar drying in an enclosed environment. ``(III) Forced evaporation with natural-gas fueled dryers. ``(IV) Storage of manure in unconfined piles or stacks. ``(V) Composting in an enclosed vessel, with forced aeration and continuous mixing. ``(VI) Composting in piles with forced aeration without mixing. ``(VII) Composting in intensive windrows with regular turning for mixing and aeration. ``(VIII) Composting in passive windrows with infrequent turning for mixing and aeration. ``(IX) Vermiculture or vermifiltration. ``(X) Other similar activities, as determined by the Secretary. ``(D) Adopting scrape technologies, in conjunction with 1 of the management measures described in subclauses (I) through (X) of subparagraph (C)(ii). ``(3) Duties of eligible producers under contract.--To receive payments under the alternative manure management program, an eligible producer shall-- ``(A) implement 1 or more management measures; ``(B) supply information as required by the Secretary to determine compliance with the requirements of the alternative manure management program; and ``(C) comply with such additional provisions as the Secretary determines are necessary to carry out the alternative manure management program. ``(g) Payments to Eligible Producers.-- ``(1) In general.--During each of fiscal years 2024 through 2028, the Secretary shall provide payments to eligible producers that enter into contracts with the Secretary under the alternative manure management program. ``(2) Availability of payments.--Payments provided to an eligible producer under this section may be used to implement 1 or more covered management measures. ``(3) Payment amounts.--The Secretary may provide a payment to an eligible producer under the alternative manure management program for an amount that is up to 100 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, and training relating to implementing a covered management measure. ``(4) Limitation on payments.--A person or legal entity (including a joint venture and a general partnership) may not receive, directly or indirectly, payments under the program that exceed $825,000 during any 5-year period. ``(5) Advanced payments.--The Secretary shall provide not less than 50 percent of the amount of total payments to an eligible producer in advance for all costs relating to-- ``(A) purchasing or contracting materials and equipment; or ``(B) any technical assistance provided by the Secretary. ``(h) Modification or Termination of Contracts.-- ``(1) Voluntary modification or termination.--The Secretary may modify or terminate a contract entered into with an eligible producer under the alternative manure management program if-- ``(A) the producer agrees to the modification or termination; and ``(B) the Secretary determines that the modification or termination is in the public interest. ``(2) Involuntary termination.--The Secretary may terminate a contract under the alternative manure management program if the Secretary determines that the eligible producer violated the contract. ``(i) Duties of the Secretary.--The Secretary shall-- ``(1) determine and publish factors for estimating the carbon sequestration and greenhouse gas emissions reductions for each covered management measure described in subclauses (I) through (X) of subsection (f)(2)(C)(ii); ``(2) assist an eligible producer in achieving the carbon sequestration, greenhouse gas emissions reduction, and other environmental and public health goals of the alternative manure management program plan by-- ``(A) providing payments for developing and implementing 1 or more covered management measures, as appropriate; and ``(B) providing that eligible producer with information, technical assistance, and training to aid in implementation of the covered management measures; and ``(3) review the adequacy of existing conservation practice standards for supporting the covered management measures and, if necessary-- ``(A) revise existing conservation practice standards; and ``(B) develop new conservation practice standards. ``(j) Technical Assistance.--In providing technical assistance under the alternative manure management program, the Secretary shall apply sections 1241(c) and 1242, except that the Secretary shall-- ``(1) apportion not more than 15 percent of the total funding available for the alternative manure management program for the provision of technical assistance; and ``(2) enter into cooperative agreements with third-party providers with relevant expertise in the covered management measures to ensure adequate technical services are available to alternative manure management program applicants. ``(k) Funding.-- ``(1) In general.--The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the alternative manure management program (including the provision of technical assistance described in subsection (j)) using $1,500,000,000 for the period of fiscal years 2024 through 2028. ``(2) Reservations of funds.--The Secretary shall, to the maximum extent practicable, use a majority of the funds made available by paragraph (1) for contract offers from small and mid-sized dairy and livestock operations, including-- ``(A) beginning farmers or ranchers; ``(B) limited resource farmers and ranchers; and ``(C) socially disadvantaged farmers and ranchers.''. TITLE VI--ON-FARM RENEWABLE ENERGY SEC. 601. RURAL ENERGY FOR AMERICA PROGRAM. Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``and renewable energy development'' and inserting ``, renewable energy development, and the reduction of greenhouse gas emissions''; and (B) in paragraph (2), by adding ``that reduce greenhouse gas emissions'' before the period at the end; (2) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (G); and (iii) by inserting after subparagraph (D) the following: ``(E) a nonprofit corporation; ``(F) an agricultural cooperative or producer group; and''; (B) in paragraph (3)(D), by inserting before the semicolon at the end the following: ``, including greenhouse gas emissions reductions''; and (C) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by inserting ``, agricultural processors,'' after ``agricultural producers''; (ii) in subparagraph (A), by striking ``and'' at the end; (iii) in subparagraph (B)(ii), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(C) assisting in the development of feasibility studies and plans for implementing recommendations provided under subparagraph (B).''; (3) in subsection (c)-- (A) in paragraph (1)(A)(i), by inserting ``, agricultural processors,'' after ``agricultural producers''; (B) in paragraph (2)-- (i) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (ii) by inserting after subparagraph (E) the following: ``(F) carbon accounting assessments developed under subsection (d) with respect to the renewable energy system to be installed or the energy efficiency upgrade to be undertaken;''; (C) in paragraph (3)-- (i) in subparagraph (A), by striking ``The amount'' and all that follows through ``25 percent'' and inserting ``Except as provided in subparagraph (F), the amount of a grant under this subsection shall not exceed 50 percent''; (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iii) by inserting after subparagraph (B) the following: ``(C) Maximum percentage of loan guarantee.--The portion of a loan that the Secretary may guarantee under this section shall be-- ``(i) in the case of a loan in the amount of not less than $1,000,000, 80 percent of the principal amount of the loan; and ``(ii) in the case of a loan in an amount less than $1,000,000, 90 percent of the principal amount of the loan.''; (iv) in subparagraph (E) (as so redesignated), by striking ``subsection (f)'' and inserting ``subsection (h)''; and (v) by adding at the end the following: ``(F) Underserved producers.--The amount of a grant provided under this subsection to an agricultural producer who is a beginning farmer or rancher, a socially disadvantaged farmer or rancher, or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 2279(a))) shall not exceed 75 percent of the cost of the activity funded by the grant.''; (D) in paragraph (4), by adding at the end the following: ``(F) Pre-approved technologies.--In order to streamline the adoption of renewable energy systems and energy efficiency improvements, the Secretary shall develop a streamlined application process for projects utilizing pre-approved products and technologies included on the list described in paragraph (5).''; and (E) by adding at the end the following: ``(5) Pre-approved list.--The Secretary shall, beginning in fiscal year 2024-- ``(A) develop a list of pre-approved technologies and products for purposes of paragraph (4)(F); and ``(B) update that list every 2 fiscal years. ``(6) Priority.--In making grants or loan guarantees under this subsection, the Secretary shall give priority to proposed projects that utilize technologies-- ``(A) with a substantially low carbon footprint; or ``(B) that would result in significant net decreases of greenhouse gas emissions, as determined by the Secretary using the carbon accounting assessments developed under subsection (d).''; (4) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; (5) by inserting after subsection (c) the following: ``(d) Carbon Accounting.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2023, the Secretary, in collaboration with the National Renewable Energy Laboratory, shall develop carbon accounting assessments for renewable energy systems and energy efficiency upgrades (including technologies on the list described in subsection (c)(5)(A) and technologies described in subsection (h)(5)(A)) supported by assistance provided under this section. ``(2) Methodologies.--In developing the carbon accounting assessments under paragraph (1), the Secretary shall, to the maximum extent practicable, create accurate methodologies for assigning greenhouse gas emission values, including land use change. ``(3) Program guidance.--The Secretary shall, to the maximum extent practicable, use the carbon accounting assessments developed under paragraph (1) as guides in carrying out this section. ``(e) Regional Demonstration Projects.-- ``(1) In general.--The Secretary shall carry out regional demonstration projects that incentivize agricultural producers to reduce their carbon footprint or overall carbon equivalent emissions to the maximum extent practicable through the use of energy efficiency improvements and renewable energy systems. ``(2) Publicization.--The Secretary shall publicize the results of the regional demonstration projects carried out under paragraph (1).''; (6) in subsection (f) (as so redesignated)-- (A) in the subsection heading, by inserting ``and Technical Assistance'' after ``Outreach''; (B) by striking ``The Secretary shall'' and inserting ``Using funds made available under subsection (h)(4), the Secretary shall''; (C) by inserting ``and technical assistance'' after ``outreach''; and (D) by inserting ``or provided, as applicable,'' after ``conducted''; (7) in subsection (g) (as so redesignated), by striking ``subsection (f)'' each place it appears and inserting ``subsection (h)''; and (8) in subsection (h) (as so redesignated)-- (A) in paragraph (1), by striking subparagraphs (A) through (E) and inserting the following: ``(A) $50,000,000 for each of fiscal years 2014 through 2023; ``(B) $100,000,000 for fiscal year 2024; ``(C) $200,000,000 for fiscal year 2025; ``(D) $300,000,000 for fiscal year 2026; and ``(E) $400,000,000 for fiscal year 2027 and each fiscal year thereafter.''; (B) in paragraph (2)(B), by striking ``become available'' and inserting ``be used''; and (C) by adding at the end the following: ``(4) Administrative expenses.--Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 8 percent for administrative expenses. ``(5) Reservation of funds.--Of the funds made available to carry out this section for a fiscal year, the Secretary may reserve-- ``(A) not more than 15 percent to provide grants under subsection (c) to support the adoption of underutilized but proven commercial technologies; and ``(B) not more than 5 percent to carry out subsection (e).''. SEC. 602. AGRIVOLTAIC SYSTEMS. (a) Definition of Agrivoltaic System.--In this section, the term ``agrivoltaic system'' means a system under which solar energy production and agricultural production, including crop or animal production or apiculture, occurs in an integrated manner on the same piece of land. (b) Study.-- (1) In general.--The Secretary shall conduct a study on agrivoltaic systems that shall include-- (A) an assessment of the compatibility of different species of livestock with different agrivoltaic system designs, including-- (i) the optimal height of and distance between solar panels for-- (I) livestock grazing; and (II) shade for livestock; (ii) manure management considerations; (iii) fencing requirements; and (iv) other animal handling considerations; (B) an assessment of animal breeding research needs with respect to beneficial and compatible characteristics and behaviors of different species of grazing animals in agrivoltaic systems; (C) an assessment of the compatibility of different crop types with different agrivoltaic system designs, including-- (i) the optimal height of and distance between solar panels for-- (I) plant shading; and (II) farm equipment use; (ii) the impact on crop yield; and (iii) market opportunities to sell crops at a premium price; (D) an assessment of plant breeding research needs with respect to beneficial and compatible characteristics of different crops, including specialty and perennial crops, in agrivoltaic systems; (E) a risk-benefit analysis of agrivoltaic systems in different regions of the United States, including a comparison between the total greenhouse gas impact of agrivoltaic systems and solar energy systems that displace agricultural production; (F) an assessment of the types of agricultural land best suited and worst suited for agrivoltaic systems; (G) an assessment of how to best develop agrivoltaic systems on a national and local scale consistent with-- (i) maintaining or increasing agricultural production; (ii) increasing agricultural resilience; (iii) retaining prime farmland; (iv) increasing economic opportunities in farming and rural communities; (v) reducing nonfarmer ownership of farmland; and (vi) enhancing biodiversity; (H) an assessment of the unique risk management and crop insurance needs of agrivoltaic systems; (I) an assessment of how Federal procurement of agricultural products could help build a market for agricultural products from farms with agrivoltaic systems; and (J) an assessment of how Federal agricultural conservation programs, renewable energy programs, and investment tax credits can better support agrivoltaic systems. (2) 5-year plan.--Based on the study under paragraph (1), the Secretary shall develop a 5-year plan for using the research, extension, outreach, conservation, and renewable energy activities of the Department of Agriculture to better support agrivoltaic systems that do not displace agricultural production. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under paragraph (1). (c) Agrivoltaic System Research and Demonstration.-- (1) In general.--The Secretary, acting through the Administrator of the Agricultural Research Service and in coordination with the relevant research programs of the Department of Energy, shall establish and maintain a network of research and demonstration sites operated by the Agricultural Research Service to investigate and demonstrate agrivoltaic systems in multiple regions of the United States, including arid, semi-arid, and wet agricultural zones, that-- (A) increase agricultural productivity and profitability; (B) enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) protect biodiversity; and (D) increase economic opportunities in farming and rural communities. (2) Coordination.--In establishing and maintaining the network described in paragraph (1), the Secretary shall collaborate with USDA Climate Hubs to share research findings and translate research findings into educational, outreach, and technical assistance materials for agricultural producers. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $15,000,000 for fiscal year 2024 and each fiscal year thereafter. SEC. 603. AGSTAR PROGRAM. (a) In General.--The Secretary shall maintain the program known as the ``AgSTAR program'' within the Department of Agriculture, under which the Secretary shall-- (1) support the use of anaerobic digestion in the agricultural sector to reduce methane emissions from livestock waste; (2) conduct outreach, education, and training on anaerobic digestion of livestock waste; (3) provide technical and regulatory assistance on anaerobic digestion of livestock waste to stakeholders, including farmers and ranchers, on issues including-- (A) permitting; (B) codigestion of multiple organic wastes in one digester; and (C) interconnection to physically link a digester to the electrical power grid; (4) promote centralized, multifarm digesters that use livestock waste from more than 1 farm or ranch; (5) collect and report data on anaerobic digestion of livestock waste; and (6) maintain a database of on-farm anaerobic digester projects in the United States. (b) Transition From EPA.-- (1) In general.--The Administrator of the Environmental Protection Agency shall take such steps as are necessary to provide for an orderly transition for the activities carried out under the AgSTAR program by the Environmental Protection Agency to be carried out by the Secretary, in accordance with subsection (c). (2) Deadline.--The Administrator of the Environmental Protection Agency shall finish carrying out paragraph (1) by not later than 1 year after the date of enactment of this Act, such that the Secretary has sole jurisdiction of the AgSTAR program by that date. (c) Administration.--The Secretary shall carry out the AgSTAR program through the Chief of the Natural Resources Conservation Service-- (1) in coordination with the Administrator of the Environmental Protection Agency and other Federal agencies as necessary; and (2) in partnership with the climate hubs, cooperative extension services, and agencies of the Department of Agriculture. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the AgSTAR program not more than $5,000,000 for each fiscal year. TITLE VII--FOOD LOSS AND WASTE Subtitle A--Food Date Labeling SEC. 701. DEFINITIONS. In this subtitle: (1) Administering secretaries.--The term ``administering Secretaries'' means-- (A) the Secretary, with respect to any product that is-- (i) under the jurisdiction of the Secretary; and (ii)(I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453)); (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601)); or (III) an egg product (as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)); and (B) the Secretary of Health and Human Services, with respect to any product that is-- (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)). (2) Discard date.--The term ``discard date'' means a date voluntarily printed on food packaging that signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed. (3) Food labeler.--The term ``food labeler'' means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product. (4) Quality date.--The term ``quality date'' means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which-- (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791(b))). SEC. 702. QUALITY DATES AND DISCARD DATES. (a) Quality Dates.-- (1) In general.--If a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2). (2) Uniform phrase.--The uniform quality date label phrase under this paragraph shall be ``BEST If Used By'' or, if permissible under subsection (c)(3), the standard abbreviation of ``BB'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler.--The decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (b) Discard Dates.-- (1) In general.--If a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2). (2) Uniform phrase.--The uniform discard date label phrase under this paragraph shall be ``USE By'' or, if permissible under subsection (c)(3), the standard abbreviation of ``UB'', unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1). (3) Option of the labeler.--The decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler. (c) Quality Date and Discard Date Labeling.-- (1) In general.--The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase-- (A) shall be-- (i) in single easy-to-read type style; and (ii) located in a conspicuous place on the package of the food; and (B) may be on the label or, at the discretion of the food labeler, elsewhere on the package. (2) Date format.--Each quality date and discard date shall be stated in terms of day and month and, as appropriate, year. (3) Abbreviations.--A food labeler may use a standard abbreviation of ``BB'' and ``UB'' for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable. (4) Freeze by.--A food labeler may add ``or Freeze By'' following a quality date or discard date uniform phrase. (d) Education.--Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels. (e) Rules of Construction; Preemption.-- (1) Infant formula.--This title and the amendments made by this title shall not-- (A) apply to infant formula (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)); and (B) affect the requirements relating to infant formula established under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) or other applicable provisions of law. (2) Sale or donation of food based on discard date.-- Nothing in this title or an amendment made by this title prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (3) Time temperature indicator labels.--Nothing in this title or an amendment made by this title prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). (4) Preemption.--No State or political subdivision of a State may establish or continue in effect any requirement that-- (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (5) Enforcement.--The administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (6) Savings.--Notwithstanding paragraph (4), nothing in this title, any amendment made by this title, or any standard or requirement imposed pursuant to this title preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. SEC. 703. MISBRANDING. (a) FDA Violations.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is food and its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.''. (b) Poultry Products.--Section 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.''. (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023.''. (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by inserting ``or if its labeling is in violation of section 702 of the Agriculture Resilience Act of 2023'' before the period at the end. SEC. 704. REGULATIONS. Not later than 2 years after the date of enactment of this Act, the administering Secretaries, acting jointly, shall promulgate final regulations for carrying out this title and the amendments made by this title. SEC. 705. DELAYED APPLICABILITY. This title and the amendments made by this title shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 704. Subtitle B--Other Provisions SEC. 711. COMPOSTING AS CONSERVATION PRACTICE. (a) Conservation Standards and Requirements.--Section 1241(j) of the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Composting as conservation practice and activity.-- ``(A) In general.--The Secretary shall, by regulation, provide that composting is a conservation practice and a conservation activity for the purposes of this title. ``(B) Definition of composting.-- ``(i) In general.--In this paragraph, the term `composting' means-- ``(I) an activity (including an activity that does not require the use of a composting facility) to produce compost from organic waste that is-- ``(aa) generated on a farm; or ``(bb) brought to a farm from a nearby community and used to produce compost on that farm; and ``(II) the use and active management of compost on a farm, in accordance with any applicable Federal, State, or local law, to improve water retention and soil health. ``(ii) Determination of nearby communities.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations for determining whether a community is nearby for purposes of clause (i)(I)(bb), which shall ensure that bringing organic waste from the community to the farm to produce compost results in a net reduction of greenhouse gas emissions.''. (b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended by inserting ``and composting (as defined in section 1241(j)(2)(B))'' after ``agriculture drainage management systems''. (c) Environmental Quality Incentives Program.--Section 1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa- 1(6)(A)(ii)) is amended by inserting ``, including composting (as defined in section 1241(j)(2)(B))'' before the semicolon at the end. (d) Delivery of Technical Assistance.--Section 1242(h) of the Food Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the end the following: ``(5) Development of composting practice standard.--In addition to conducting a review under this subsection of any composting facilities practice standard established before the date of enactment of this paragraph, the Secretary shall develop and implement a composting practice standard under the process developed under paragraph (3).''. SEC. 712. AMENDMENTS TO FEDERAL FOOD DONATION ACT. (a) Purpose.--Section 2 of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended by striking ``encourage'' and inserting ``require''. (b) Definitions.--Section 3 of the Federal Food Donation Act of 2008 (Public Law 110-247; 42 U.S.C. 1792 note) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Executive agency.--The term `executive agency' has the meaning given the term in section 133 of title 41, United States Code.''. (c) Report on Food Waste by Certain Federal Contractors.--Section 4 of the Federal Food Donation Act of 2008 (42 U.S.C. 1792) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Requirement.--Not later than 180 days after the date of enactment of the Agriculture Resilience Act of 2023, the Federal Acquisition Regulation issued in accordance with section 1121 of title 41, United States Code, shall be revised to provide that, except as provided in paragraph (2), all contracts greater than $10,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that-- ``(A) requires the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; ``(B) states the terms and conditions described in subsection (b); and ``(C) requires the submission of a report, annually if applicable-- ``(i) in a form and manner specified by the executive agency awarding the contract; and ``(ii) that describes, for each month of performance of the contract during the period covered by the report, the weight of apparently wholesome food that was disposed of pursuant to the contract by-- ``(I) donation, organized by the name of the organization receiving the food; ``(II) composting or other recycling; or ``(III) discarding, organized by the reason that the food was discarded. ``(2) Exception.--Paragraph (1) shall not apply to a contract with an executive agency that has issued a regulation in effect on the date of enactment of the Agriculture Resilience Act of 2023 that prohibits a donation described in paragraph (1)(A).''; and (2) by adding at the end the following: ``(c) Application to Congress.-- ``(1) Contracts.--This Act shall apply to the House of Representatives and the Senate, and to contracts entered into by the House of Representatives and the Senate, in the same manner and to the same extent as this Act applies to an executive agency and to contracts entered into by an executive agency pursuant to this Act. ``(2) Administration.--For purposes of carrying out paragraph (1)-- ``(A) the Chief Administrative Officer of the House of Representatives shall be considered to be the head of the House of Representatives; and ``(B) the Secretary of the Senate shall be considered to be the head of the Senate. ``(d) Reports.-- ``(1) Report to omb.--Not later than 30 days after the date on which an executive agency receives a report described in subsection (a)(1)(C), the executive agency shall submit a copy of the report to the Director of the Office of Management and Budget. ``(2) Report to congress.--The Director of the Office of Management and Budget shall submit to Congress an annual report aggregating the information in the reports received under paragraph (1) during the year covered by the report to Congress.''. (d) Authorization of Appropriations.--The Federal Food Donation Act of 2008 (Public Law 110-247; 122 Stat. 2314) is amended by adding at the end the following: ``SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to the Secretary of Agriculture to carry out this Act $10,000,000 for fiscal year 2024 and each fiscal year thereafter.''. SEC. 713. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE-TO- ENERGY PROJECTS. (a) In General.--Subtitle G of the Solid Waste Disposal Act (42 U.S.C. 6971 et seq.) is amended by adding at the end the following: ``SEC. 7011. GRANTS FOR COMPOSTING AND ANAEROBIC DIGESTION FOOD WASTE- TO-ENERGY PROJECTS. ``(a) Definition of State.--In this section, the term `State' means-- ``(1) each of the several States; ``(2) the District of Columbia; ``(3) each territory or possession of the United States; and ``(4) each federally recognized Indian Tribe. ``(b) Grants.--The Administrator shall establish a grant program to award grants to States eligible to receive the grants under subsection (c)(1) to construct large-scale composting or anaerobic digestion food waste-to-energy projects. ``(c) Eligible States.-- ``(1) Eligibility.--To be eligible to receive a grant under this section, a State shall-- ``(A) have in effect a plan to limit the quantity of food waste that may be disposed of in landfills in the State; and ``(B) provide to the Administrator-- ``(i) a written commitment that the State has read and agrees to comply with the Food Recovery Hierarchy of the Environmental Protection Agency, particularly as applied to apparently wholesome food (as defined in section 22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b))) that may be provided to or received by the State; and ``(ii) a written end-product recycling plan that provides for the beneficial use of the material resulting from any anaerobic digestion food waste-to-energy operation with respect to which the grant is made, in a manner that meets all applicable Federal, State, and local laws that protect human health and the environment. ``(2) Limitation.--A grant under subsection (b) may not be used for an anaerobic digester that uses solely manure as undigested biomass. ``(3) Preference.--The Administrator shall give preference to grants under subsection (b) for anaerobic digesters that use primarily nonedible food, crop waste, or nonedible food and crop waste as undigested biomass. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each fiscal year.''. (b) Clerical Amendment.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by inserting after the item relating to section 7010 the following: ``Sec. 7011. Grants for composting and anaerobic digestion food waste- to-energy projects.''. SEC. 714. SCHOOL FOOD WASTE REDUCTION GRANT PROGRAM. (a) In General.--Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by inserting before subsection (b) the following: ``(a) School Food Waste Reduction Grant Program.-- ``(1) Definition of eligible local educational agency.--In this subsection, the term `eligible local educational agency' means a local educational agency that participates in the school lunch program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(2) Establishment.--The Secretary shall carry out a program to make grants, on a competitive basis, to eligible local educational agencies to carry out food waste measurement, prevention, and reduction projects. ``(3) Regional balance.--In awarding grants under this subsection, the Secretary shall, to the maximum extent practicable, ensure-- ``(A) that a grant is awarded to an eligible local educational agency in each region served by the Administrator of the Food and Nutrition Service; and ``(B) equitable treatment of rural, urban, and tribal communities. ``(4) Grants.-- ``(A) Application.--To be eligible to receive a grant under this subsection, an eligible local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Priority.--In making grants under this subsection, the Secretary shall give priority to an eligible local educational agency that demonstrates in the application submitted under subparagraph (A) that the grant will be used-- ``(i) to carry out experiential education activities that encourage children enrolled in the eligible local educational agency to participate in food waste measurement and education; ``(ii) to prioritize the best use of food in accordance with the Food Recovery Hierarchy published by the Administrator of the Environmental Protection Agency; ``(iii) with respect to food waste prevention and reduction, to collaborate with other eligible local educational agencies, Indian Tribes, nongovernmental and community- based organizations, and other community partners; ``(iv) to establish a food waste measurement, prevention, and reduction project with long-term sustainability; and ``(v) to evaluate the activities described in clauses (i) through (iv) and make evaluation plans. ``(C) Use of funds.--An eligible local educational agency that receives a grant under this subsection shall use the grant to carry out 1 or more of the following activities: ``(i) Planning a food waste measurement, prevention, and reduction project. ``(ii) Implementing a food waste measurement, prevention, and reduction project. ``(iii) Providing training to support a food waste measurement, prevention, and reduction project. ``(iv) Purchasing equipment to support a food waste measurement, prevention, and reduction project. ``(v) Offering food waste education to students enrolled in the eligible local educational agency. ``(D) Cost-sharing.-- ``(i) In general.--The amount of a grant provided under this subsection shall not exceed 75 percent of the total cost of the project for which the grant is provided. ``(ii) Non-federal share.--An eligible local educational agency that receives a grant under this subsection shall use non-Federal funds in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources, to pay for the remaining cost of the project for which the grant is provided. ``(5) Evaluation.-- ``(A) Cooperation.--As a condition of receiving a grant under this subsection, each eligible local educational agency shall agree to cooperate in an evaluation by the Secretary of the project carried out by the eligible local educational agency as part of the evaluation conducted by the Secretary under subparagraph (B). ``(B) Periodic evaluation.--Not later than 2 years after the date of enactment of the Agriculture Resilience Act of 2023, and every 2 years thereafter, the Secretary shall evaluate the grants made under this subsection, including-- ``(i) the amount of Federal funds used to award those grants; and ``(ii) an evaluation of the outcomes of the projects carried out using those grants. ``(C) Report.--The Secretary shall submit to Congress as a report each evaluation carried out under subparagraph (B).''. (b) Technical Assistance.--Section 21(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769b-1(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) food waste measurement, prevention, and reduction.''. SEC. 715. SUPPORT FOR NATIONAL MEDIA CAMPAIGNS TO DECREASE INCIDENCE OF FOOD WASTE. (a) In General.--The Secretary shall support national media campaigns to decrease the incidence of food waste. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 716. FOOD WASTE RESEARCH PROGRAM. (a) Establishment.--The Food Loss and Waste Reduction Liaison of the Department of Agriculture (in this section referred to as the ``Liaison'') shall establish a partnership with 5 regional partner institutions, selected under subsection (c), to carry out a Food Waste Research Program (in this section referred to as the ``Program''). (b) Food Waste Research Program Requirements.-- (1) Duties.--In carrying out the Program, the Liaison, in partnership with the 5 regional partner institutions selected under subsection (c), shall-- (A) plan, conduct, and arrange for public research, data, education, and recommendations within the areas of study specified in paragraph (2), as such areas relate to food waste reduction and food recovery issues nationwide, regionally, and locally; (B) carry out the activities of the Program within a variety of regions in the United States, which are identified and categorized by the Liaison based on the specific food recovery and food waste reduction issues of such regions; (C) identify areas to increase efficiency in the allocation of resources and the coordination, cooperation, and consolidation of efforts as they relate to local, statewide, Tribal, regional, and Federal food recovery and food waste reduction efforts; (D) create a Program website, as described in paragraph (4), to disseminate information to the public; and (E) collaborate with other colleges, universities, and nonprofit organizations in the regions selected by the Liaison that have demonstrated capability for research, information dissemination, and professional training in order to develop regional networks that are knowledgeable in food waste reduction issues. (2) Areas of study.--In carrying out the duties listed in paragraph (1), the Liaison and the regional partner institutions shall consider the following areas of study: (A) Reducing the volume of surplus food produced. (B) Utilizing excess food to feed individuals in need, including through the use of donations of surplus food. (C) Diverting food unusable for purposes described in subparagraph (B) to feed animals. (D) Utilizing food waste to create renewable energy sources. (E) Composting food waste to create nutrient rich soil. (F) Diminishing the deposits of food waste in landfills and reducing the incineration of food waste. (3) Use of funds.-- (A) In general.--The Liaison may make funds available under this section to improve the capacities and facilities of the regional partner institutions to a level that meets the requirements of the role of a regional partner institution. (B) Plan.--A regional partner institution may not receive any funding for any facility upgrade under subparagraph (A), unless-- (i) the regional partner institution submits to the Liaison a plan detailing the type of facility construction or improvements to take place (including any land acquisition, engineering, design, and staffing and equipment needs, in addition to other information as required by the Liaison); and (ii) the Liaison approves such plan. (C) Non-federal cost share for facility improvement.--A regional partner institution shall be required to provide at least a 20-percent non-Federal cost share for facility improvement or construction projects pursued by a regional partner institution under subparagraph (A). (D) Matching funds for operating expenses.--A regional partner institution shall be required to provide at least a 30-percent non-Federal cost share for all Program operating expenses related to such regional partner institution. (E) Wage rate requirements.--A construction activity carried out pursuant to this subsection shall meet Federal prevailing wage requirements as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (4) Food waste research program website.--The Liaison shall establish a website that shall contain at least the following information: (A) Key findings and best practices. (B) A list of collaborations and partnerships carried out pursuant to this subsection. (C) Annual reports and other pertinent information on the duties of the Program. (D) The location and contact information for regional partner institutions. (E) Federal, State, local, and regionally specific public research, data, education, and policy recommendations that shall be updated in a timely manner with new information. (F) Tools for tracking reduction efforts and measuring food waste production. (c) Selection of Regional Partner Institutions.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Liaison shall select 5 regional partner institutions to partner with to carry out the requirements of the Program under subsection (b). (2) Criteria for regional partner institutions.--In making a selection under paragraph (1), the Liaison shall select an institution of higher education that-- (A) has a focus or expertise in at least one of the areas of study described in subsection (b)(2); (B) has the ability to plan, conduct, and arrange for public research, data, education, and recommendations related to food waste reduction and the areas of study described in subsection (b)(2); (C) can assist the Liaison in fulfilling the duties listed in subsection (b)(1); (D) can contribute the required non-Federal funding to maintain a regional partner institution center; and (E) satisfies any other criteria determined by the Liaison. (3) Eligible sub-awardees.--A State, Tribal, or local government, local educational agency, agricultural or commodity organization, farmer, or other organization focused on food waste prevention may serve as an eligible sub-awardee of a regional partner institution if the entity meets the requirements of subparagraphs (A) through (C) of paragraph (2). (4) Employment status.--Members of regional partner institutions shall not be considered Federal employees for any purpose. (d) Collaboration With Federal, Regional, State, Tribal, and Local Governments and Organizations.--The Liaison, in conjunction with the 5 regional partner institutions selected under subsection (c), shall collaborate and share best practices on regional, State, Tribal, and locally specific food waste and food waste reduction issues with-- (1) State and county governments; (2) Tribal governments; (3) units of local government; (4) local educational entities; (5) colleges and universities; (6) agricultural and commodity organizations; (7) farmers; and (8) organizations focused on food waste prevention. (e) Information Collection and Dissemination.-- (1) Report of regional partner institutions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the regional partnership institutions shall submit to the Liaison a report containing the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information carried out under the Program. (2) Liaison report.--Not later than 15 months after the date of the enactment of this Act, and annually thereafter, the Liaison shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and publish on the Program website an annual report containing a compilation of the activities, partnerships, collaborations, Federal policy recommendations, previous and continuing budgets, findings, and any other applicable information relating to the Program. (3) Review of report.--The Liaison shall review the annual report from the regional partner institutions to ensure that funds are being used efficiently according to the duties of the Program and that the Program is producing utilizable public research, data, education, and recommendations related to food waste and food waste reduction issues. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1017
Ensuring Fairness for Students Act
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1017 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1017 To amend title IX of the Education Amendments of 1972 to ensure due process in grievance proceedings. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend title IX of the Education Amendments of 1972 to ensure due process in grievance proceedings. Be it enacted by the Senate 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 Fairness for Students Act''. SEC. 2. ENSURING DUE PROCESS IN TITLE IX CLAIMS. Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended by adding at the end the following: ``(d) Ensuring Due Process.-- ``(1) Sexual harassment.--In this section, the term `sexual harassment' has the meaning given the term in section 106.30 of title 34, Code of Federal Regulations, or any successor regulation. ``(2) Implementation requirement.--Not later than 12 months after the date of enactment of the Ensuring Fairness for Students Act, each educational institution to which this section applies shall implement a grievance process to investigate and adjudicate formal complaints of sexual harassment that incorporates due process principles, treats all parties fairly, and reaches reliable responsibility determinations. ``(3) Grievance process.--Each grievance process implemented under paragraph (2) shall comply with each of the following: ``(A) Give both parties-- ``(i) written notice of the allegation; ``(ii) an equal opportunity to select an advisor of the party's choice (who may be, but does not need to be, an attorney); and ``(iii) an equal opportunity to submit and review evidence throughout the investigation of the allegation. ``(B) Use personnel who are trained in compliance with requirements under this title to objectively evaluate all relevant evidence without prejudgment of the facts at issue and free from conflicts of interest or bias for or against either party. ``(C) Protect both parties' privacy by requiring a party's written consent before using the party's medical, psychological, or similar treatment records during the grievance process. ``(D) Obtain both parties' voluntary, written consent before using any kind of informal resolution process, such as mediation or restorative justice. ``(E) Not use an informal resolution process, as described in subparagraph (D), in cases where an employee of the educational institution is alleged to have sexually harassed a student. ``(F) Apply a presumption that the respondent is not responsible during the grievance process, so that the educational institution bears the burden of proof and the standard of evidence is applied correctly. ``(G) Ensure the decision-maker is not the same person as the investigator or the Title IX Coordinator (who is the individual designated as a responsible employee in section 106.8(a) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of the Ensuring Fairness for Students Act). ``(H) For educational institutions that are-- ``(i) postsecondary institutions, hold a live hearing and-- ``(I) allow cross-examination by the advisors of the parties; and ``(II) not permit cross-examination by the parties personally; and ``(ii) elementary schools or secondary schools, provide an opportunity for each party to submit written questions for the other party and any witness to answer. ``(I) Offer both parties an equal opportunity to appeal. ``(J) Protect any individual, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment or participating (or refusing to participate) in the grievance process. ``(K) Document and keep records of all sexual harassment reports and investigations.''. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S1018
Pandemic Unemployment Fraud Recoupment Act
[ [ "M001198", "Sen. Marshall, Roger [R-KS]", "sponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "C001096", "Se...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1018 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1018 To extend the statute of limitations for fraud by individuals under the COVID-19 unemployment programs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Marshall (for himself, Mrs. Blackburn, Mr. Braun, Ms. Ernst, Mr. Cramer, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To extend the statute of limitations for fraud by individuals under the COVID-19 unemployment programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Unemployment Fraud Recoupment Act''. SEC. 2. EXTENSION OF THE STATUTE OF LIMITATIONS FOR FRAUD BY INDIVIDUALS UNDER THE COVID-19 UNEMPLOYMENT PROGRAMS. (a) Pandemic Unemployment Assistance.--Section 2102 of the CARES Act (15 U.S.C. 9021) is amended-- (1) in subsection (d), by striking paragraph (4); (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection: ``(h) Fraud and Overpayments.-- ``(1) In general.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. ``(2) Repayment.--In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that-- ``(A) the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and ``(B) such repayment would be contrary to equity and good conscience. ``(3) Recovery by state agency.-- ``(A) In general.--The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. ``(B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ``(4) Review.--Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. ``(5) Statute of limitations.--Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.''. (b) Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation.--Section 2104(f) of the CARES Act (15 U.S.C. 9023(f)) is amended-- (1) in paragraph (3)(A), by striking ``3-year'' and inserting ``10-year''; and (2) by adding at the end the following new paragraph: ``(5) Statute of limitations.--Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.''. (c) Pandemic Emergency Unemployment Compensation.--Section 2107(e) of the CARES Act (15 U.S.C. 9025(e)) is amended-- (1) in paragraph (3)(A), by striking ``3-year'' and inserting ``10-year''; and (2) by adding at the end the following new paragraph: ``(5) Statute of limitations.--Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic emergency unemployment compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.''. (d) Lost Wages Assistance.-- (1) Fraud and overpayments.--If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of lost wages assistance to which such individual was not entitled, such individual shall be ineligible for further lost wages assistance in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation. (2) Repayment.--In the case of individuals who have received amounts of lost wages assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such lost wages assistance to the State agency, except that the State agency may waive such repayment if it determines that-- (A) the payment of such lost wages assistance was without fault on the part of any such individual; and (B) such repayment would be contrary to equity and good conscience. (3) Recovery by state agency.-- (A) In general.--The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the lost wages assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. (B) Opportunity for hearing.--No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. (4) Review.--Any determination by a State agency with respect to payments of lost wages assistance shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. (5) Statute of limitations.--Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by lost wages assistance shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed. (6) Definitions.--In this subsection: (A) Lost wages assistance.--In this subsection, the term ``lost wages assistance'' means financial assistance provided by the Federal Emergency Management Agency pursuant to the memorandum of the President entitled ``Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019'' and dated August 8, 2020. (B) State agency, state law, and week.--The terms ``State agency'', ``State law'', and ``week'' have the meaning given such terms in section 205 of the Federal- State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). &lt;all&gt; </pre></body></html>
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118S1019
CASES Act of 2023
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1019 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1019 To provide for the imposition of sanctions with respect to certain officials of Argentina. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 28, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To provide for the imposition of sanctions with respect to certain officials of Argentina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Corruption in Argentina Stymied by Enforcing Sanctions Act of 2023'' or the ``CASES Act of 2023''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN OFFICIALS OF ARGENTINA. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report with respect to each individual specified in subsection (c) that includes-- (1) a description of the assets of the individual, including-- (A) the estimated net worth of the individual; (B) the estimated net worth of the immediate family members of the individual; and (C) a description of all of the individual's real, personal, and intellectual property, bank of investment or similar accounts, and any other financial or business interests or holdings, whether obtained legitimately or illegitimately; and (2) a determination with respect to whether the individual meets the criteria for the imposition of sanctions under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117-328). (b) Imposition of Sanctions.--If the President makes an affirmative determination under subsection (a)(2) with respect to an individual, the President shall impose sanctions under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023, with respect to the individual. (c) Individuals Specified.--The individuals specified in this subsection are the following: (1) Cristina Elisabet Fernandez de Kirchner, born on February 19, 1953, in La Plata, Buenos Aires, Argentina. (2) Maximo Kirchner, born on February 2, 1977, in La Plata, Buenos Aires, Argentina. (3) Juan Martin Mena, born on February 25, 1979, in Mar del Plata, Buenos Aires, Argentina. (4) Oscar Isidro Jose Parrilli, born on August 13, 1951, in San Martin de Los Andes, Neuquen, Argentina. (5) Carlos Alberto Zannini, born on August 27, 1954, in Villa Nueva, Cordoba, Argentina. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S102
Foster Care Stabilization Act of 2023
[ [ "F000463", "Sen. Fischer, Deb [R-NE]", "sponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ] ]
<p><strong>Foster Care Stabilization Act of 202</strong><b>3</b></p> <p>This bill requires the Administration for Children and Families to award demonstration grants to foster care stabilization agencies to improve services for foster youth awaiting placement and for other emergency assistance.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 102 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 102 To amend title IV of the Social Security Act to establish a demonstration grant program to provide emergency relief to foster youth and improve pre-placement services offered by foster care stabilization agencies, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mrs. Fischer (for herself and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title IV of the Social Security Act to establish a demonstration grant program to provide emergency relief to foster youth and improve pre-placement services offered by foster care stabilization agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Stabilization Act of 2023''. SEC. 2. GRANTS TO IMPROVE PRE-PLACEMENT SERVICES FOR FOSTER YOUTH. Section 426 of the Social Security Act (42 U.S.C. 626) is amended by adding at the end the following: ``(d) Grants To Improve Pre-Placement Services for Foster Youth.-- ``(1) Establishment.--The Secretary shall award 3 demonstration grants of not more than $1,000,000 to foster care stabilization agencies for the purpose of providing emergency relief to foster youth and improving pre-placement services for foster youth waiting for placement. ``(2) Duration.--A foster care stabilization agency that receives a grant under this subsection shall have 3 years to spend funds awarded by the grant and return any unused grant funds to the Secretary. ``(3) Application.--A foster care stabilization agency that desires to receive a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, that shall include the following: ``(A) A description of how grant funds will be used to provide emergency relief to foster youth by the foster care stabilization agency. ``(B) A description of how grant funds will be used to improve pre-placement services offered by the foster care stabilization agency. ``(4) Application dissemination.--The Secretary shall ensure that the solicitation of applications for a grant under this subsection is posted publicly on the website of the Administration for Children and Families and shall make special dissemination efforts to rural areas and among Indian Tribes, Tribal organizations, and Native Hawaiian organizations. ``(5) Use of funds.--A grant awarded under this subsection may be used to carry out any of the following activities: ``(A) Hiring of personnel necessary to provide emergency relief to foster youth and ensure that services, resources, and assistance reach such youth. ``(B) Provision of clothing and other personal necessities to a foster youth for a total not to exceed $250 per foster youth, per year. ``(C) Purchase of food and equipment needed to prepare food for foster youth. ``(D) Provision of service and support to prevent and respond to occurrences of child abuse and neglect with respect to foster youth. ``(E) Any other extraordinary or emergency assistance needed to promote the safety and self- sufficiency of foster youth. ``(F) Any other purpose that the Secretary determines appropriate. ``(6) Reservation.--The Secretary shall reserve $45,000 of any amounts referred to in paragraph (9) for administration, oversight, and technical assistance activities related to this subsection. ``(7) Report.--The Secretary shall submit to the Congress a report that-- ``(A) describes how grants awarded under this subsection have been used to provide emergency relief to foster youth; ``(B) describe how grants awarded under this subsection have been used on pre-placement services; ``(C) contains data on the extent of clothing and other necessities purchased with grant funds awarded under this subsection that have been provided to foster youth; ``(D) provides an evaluation of case outcomes for foster youth who have benefitted from grant funds; and ``(E) states the number of home transfers for each foster youth that has benefitted from grant funds. ``(8) Definitions.--In this subsection: ``(A) Foster care stabilization agency.--The term `foster care stabilization agency' means a local public or private nonprofit entity, including a community or faith-based organization, with expertise and experience providing direct services to 1 or more of the following: ``(i) Children who are under the care and placement responsibility of a State or tribal agency that administers a plan under this part or part E. ``(ii) Foster youth who have not attained 18 years of age. ``(iii) Foster youth who have attained 18 years of age. ``(B) Foster youth.--The term `foster youth' means an individual in foster care who has not attained 26 years of age. ``(C) Home transfer.--The term `home transfer' means the initial placement of a foster youth in foster care, and any subsequent placement of that foster youth while in foster care. ``(9) Funding.--To the extent that the total of the amounts made available under subsection (a) for a fiscal year exceeds $5,000,000 more than the amount so made available for the previous fiscal year, the Secretary shall use the amounts to carry out this subsection.''. &lt;all&gt; </pre></body></html>
[ "Families", "Adoption and foster care", "Child safety and welfare", "Community life and organization", "Congressional oversight", "Social work, volunteer service, charitable organizations" ]
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118S1020
Livestock Consolidation Research Act of 2023
[ [ "S001203", "Sen. Smith, Tina [D-MN]", "sponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "F000479", "Sen. Fetterman, John [D-PA]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1020 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1020 To require the Administrator of the Economic Research Service to conduct research on consolidation and concentration in the livestock industry, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Smith (for herself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To require the Administrator of the Economic Research Service to conduct research on consolidation and concentration in the livestock industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Livestock Consolidation Research Act of 2023''. SEC. 2. LIVESTOCK CONSOLIDATION RESEARCH. (a) In General.--Not later than 1 year after the date on which each latest Census of Agriculture is made publicly available, the Administrator of the Economic Research Service shall publish a report on consolidation and concentration in the livestock industry, including-- (1) changes in the size and location of ranches, farms, processing facilities, and packers throughout the United States; and (2) the impact of the changes described in paragraph (1) on farmers, ranchers, and downstream consumers, including-- (A) financial impacts; (B) market entry impacts; (C) access to resources and inputs, including processing facilities; and (D) dietary impacts. (b) Sources of Information.--In preparing a report under subsection (a), the Administrator of the Economic Research Service shall draw on data available to the Secretary of Agriculture, including the Census of Agriculture, inspection records of the Food Safety and Inspection Service, and the packing plant data of the Packers and Stockyards Division of the Agricultural Marketing Service. (c) Report Organization.--The report under subsection (a) shall separate information on beef cattle by cow-calf and fed cattle operations. (d) Confidentiality.--A report published under subsection (a) shall not contain any confidential business information. (e) Definition of Livestock.--In this section, the term ``livestock'' includes beef, dairy, pork, and poultry production (including broilers, eggs, and turkeys). &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1021
A bill to prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt.
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ] ]
<p>This bill prohibits the Export-Import Bank from providing financing to a person with seriously delinquent tax debt or for a project in which any participant has seriously delinquent tax debt.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1021 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1021 To prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To prohibit the Export-Import Bank of the United States from providing financing to persons with seriously delinquent tax debt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF THE UNITED STATES FOR PERSONS WITH SERIOUSLY DELINQUENT TAX DEBT. Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(m) Prohibition on Financing for Persons With Seriously Delinquent Tax Debt.-- ``(1) In general.--The Bank may not provide financing to any person with seriously delinquent tax debt or for any project if any person participating in the project has seriously delinquent tax debt. ``(2) Determinations of debt.--For purposes of paragraph (1), the Bank shall determine if a person has seriously delinquent tax debt-- ``(A) using information available through the System for Award Management website and data-analytical approaches; and ``(B) in consultation with the Commissioner of Internal Revenue. ``(3) Waiver.--The President of the United States may waive the prohibition under paragraph (1) with respect to a person if the President-- ``(A) determines that there are urgent and compelling circumstances significantly affecting the interests of the United States that require the financing to be provided; and ``(B) not later than 30 days after making that determination, submits to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes the rationale for the determination and relevant information supporting the determination. ``(4) Seriously delinquent tax debt defined.--In this subsection, the term `seriously delinquent tax debt'-- ``(A) means a Federal tax liability that has been assessed by the Secretary of the Treasury under the Internal Revenue Code of 1986 and may be collected by the Secretary by levy or by a proceeding in court; and ``(B) does not include-- ``(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; ``(ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending; ``(iii) a debt with respect to which a continuous levy has been issued under section 6331 of such Code (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to such a levy); and ``(iv) a debt with respect to which such a levy is released under section 6343(a)(1)(D) of such Code.''. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Competitiveness, trade promotion, trade deficits", "Congressional oversight", "Debt collection", "Government lending and loan guarantees", "Tax administration and collection, taxpayers" ]
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118S1022
Define WOTUS Act of 2023
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1022 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1022 To amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun (for himself, Mr. Grassley, and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Federal Water Pollution Control Act to modify the definition of navigable waters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Define WOTUS Act of 2023''. SEC. 2. NAVIGABLE WATERS. (a) Navigable Waters Definition.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means-- ``(i) the territorial seas; ``(ii) interstate waters that are used, or are susceptible to use in the natural and ordinary condition of those waters, as a means in transport of interstate or foreign commerce; ``(iii) relatively permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, rivers, or lakes, that flow directly into waters described in clause (ii); and ``(iv) wetlands that are adjacent to and have a continuous surface water connection to waters described in clause (ii) or (iii). ``(B) Exclusions.--The term `navigable waters' does not include-- ``(i) intermittent or ephemeral waters, including features that flow only in response to precipitation or melt from snowpack; ``(ii) subsurface waters, such as groundwater or underground streams, including subsurface waters drained through subsurface drainage systems, such as drain tiling; ``(iii) intrastate waters, unless the waters meet the requirements described in subparagraph (A); ``(iv) a man-made channel or ditch, including irrigation, distribution, and drainage systems; ``(v) prior converted cropland; ``(vi) artificially irrigated areas; ``(vii) artificial lakes and ponds constructed in upland; ``(viii) water-filled depressions created in upland, including water-filled depressions incidental to mining or construction activity; ``(ix) stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater runoff; ``(x) wastewater recycling structures constructed in upland; ``(xi) waste treatment systems; ``(xii) waters that require the use of means beyond visual inspection by the naked eye, including aerial photographs, satellite imaging, or hydrological testing, to determine if the waters meets the requirements described in subparagraph (A); or ``(xiii) any other waters that do not meet the requirements under subparagraph (A), without regard to whether the water-- ``(I) previously met or would have met those requirements; or ``(II) may in the future meet those requirements. ``(C) Associated definitions.--For the purposes of this paragraph: ``(i) Continuous surface water connection.--The term `continuous surface water connection' means a connection with respect to which an ordinary person would not be able to visually determine by the naked eye, by looking at the water surface, where 1 body of water ends and the other begins. ``(ii) Relatively permanent, standing, or continuously flowing bodies of water.--The term `relatively permanent, standing, or continuously flowing bodies of water' means waters that, except in cases of extreme events (such as a drought)-- ``(I) stand or have continuous flow for not less than 185 days each year; and ``(II) exhibit a bed and banks.''. (b) Jurisdictional Determination.--Title V of the Federal Water Pollution Control Act is amended-- (1) by redesignating section 520 (33 U.S.C. 1251 note) as section 521; and (2) by inserting after section 519 (33 U.S.C. 1377a) the following: ``SEC. 520. JURISDICTIONAL DETERMINATIONS. ``(a) Definitions.--In this section: ``(1) Affected person.--The term `affected person' means an applicant for a permit under section 404, landowner, or other affected person with an identifiable and substantial legal interest in a property. ``(2) Secretary.--The term `Secretary' means the Secretary of the Army. ``(b) Binding Determination.--On written request of an affected person, the Secretary shall provide a binding determination of whether the waters on the property of the affected person are navigable waters that meet the requirements described in section 502(7)(A)(iv). ``(c) Costs.--A determination of the Secretary under subsection (b) shall be made at the cost of the Secretary. ``(d) Timing.-- ``(1) In general.--The Secretary shall make a determination under subsection (b) not later than 60 days after the date on which the Secretary receives a written request from an affected person. ``(2) Effect of nonresponse.--If the Secretary does not make a determination by the end of the period described in paragraph (1), the waters on the property of the affected person shall not be considered to be navigable waters. ``(e) Term of Determination.-- ``(1) Finding of navigable waters.--If the Secretary determines under subsection (b) that the waters on the property of the affected person are navigable waters, the determination shall be binding on the Secretary and the Administrator for a period to be determined by the Secretary, but in any case not longer than 5 years after the date of the determination. ``(2) Finding of nonnavigable waters.--If the Secretary determines under subsection (b) that the waters on the property of the affected person are not navigable waters, the determination shall be binding on the Secretary and the Administrator for as long as the affected person has an identifiable and substantial legal interest in the property. ``(f) Judicial Review.-- ``(1) In general.--An affected person may obtain expedited judicial review of a determination of the Secretary under subsection (b). ``(2) Timing.--To obtain expedited judicial review under paragraph (1), the affected person shall submit a claim under that paragraph not later than 30 days after the date on which the Secretary makes the determination under subsection (b). ``(3) Jurisdiction.--A district court of the United States with appropriate venue for the State in which the affected person resides or in which a substantial part of the property of the affected person is located shall have jurisdiction over an action under this subsection.''. &lt;all&gt; </pre></body></html>
[ "Environmental Protection" ]
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118S1023
Farmer-Informed WOTUS Act of 2023
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "R000618", "Sen...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1023 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1023 To establish an advisory committee to inform Congress of the impact of Waters of the United States regulations on United States agriculture, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun (for himself, Mr. Tuberville, Mr. Kennedy, Mr. Rounds, Mr. Ricketts, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To establish an advisory committee to inform Congress of the impact of Waters of the United States regulations on United States agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmer-Informed WOTUS Act of 2023''. SEC. 2. ADVISORY COMMITTEE FOR WATERS OF THE UNITED STATES REGULATIONS. (a) Definitions.--In this section: (1) Advisory committee.--The term ``advisory committee'' means the advisory committee established under subsection (b). (2) Covered commodity.--The term ``covered commodity'' has the meaning given the term in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011). (3) Livestock.--The term ``livestock'' has the meaning given the term in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)). (4) Poultry.--The term ``poultry'' has the meaning given the term in section 2(a)(6) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Specialty crop.--The term ``specialty crop'' has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108-465). (7) WOTUS regulations.--The term ``WOTUS regulations'' means any Federal regulations that define the term ``waters of the United States'' for purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Establishment.--The Secretary, in coordination with the Administrator of the Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works, shall establish an advisory committee broadly representative of the United States farming and ranching sectors to study and develop recommendations to address the impact of WOTUS regulations on United States agriculture and environmental protection. (c) Membership.-- (1) Composition.--The advisory committee shall be composed of 32 members, all of whom are farmers or ranchers, to be appointed as follows: (A) Farmer association-nominated appointees.-- (i) In general.--16 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations.-- (I) In general.--The Secretary shall select 16 entities described in subclause (II), each of which shall nominate 1 candidate for membership in the advisory committee. (II) Nominating entities.--The entities referred to in subclause (I) are the following: (aa) 2 national farmer trade associations representing farmers and ranchers from all 50 States and the internal policy of which is developed using a member-driven process. (bb) 4 national covered commodity trade associations. (cc) 3 national specialty crop trade associations. (dd) 3 national livestock trade associations. (ee) 3 national poultry trade associations. (ff) 1 national trade association representing State departments of agriculture. (B) Senate-nominated appointees.-- (i) In general.--8 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations.--The Senate shall nominate 8 regionally diverse candidates for membership in the advisory committee, of whom-- (I) 4 shall be nominated by the majority leader of the Senate, in consultation with the chairperson of the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (II) 4 shall be nominated by the minority leader of the Senate, in consultation with the ranking member of the Committee on Agriculture, Nutrition, and Forestry of the Senate. (C) House of representatives-nominated appointees.-- (i) In general.--8 members shall be appointed by the Secretary from a list of candidates nominated under clause (ii). (ii) Nominations.--The House of Representatives shall nominate 8 regionally diverse candidates for membership in the advisory committee, of whom-- (I) 4 shall be nominated by the majority leader of the House of Representatives, in consultation with the chairperson of the Committee on Agriculture of the House of Representatives; and (II) 4 shall be nominated by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Agriculture of the House of Representatives. (2) Date.--Initial appointments to the advisory committee under paragraph (1) shall be made not later than 1 year after the date of enactment of this Act. (3) Period of appointment; vacancies.-- (A) In general.--A member of the advisory committee shall be appointed for the life of the advisory committee. (B) Vacancies.--Any vacancy in the advisory committee-- (i) shall not affect the powers or duties of the advisory committee; and (ii) shall be filled in the same manner as the original appointment. (4) Chairperson and vice chairperson.--The advisory committee shall select a chairperson and vice chairperson from among the members of the advisory committee. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the advisory committee have been appointed, the advisory committee shall hold the first meeting of the advisory committee. (2) Frequency.--The advisory committee shall meet not less than 4 times per year. (3) Quorum.--A majority of the members of the advisory committee shall constitute a quorum, but a lesser number of members may hold hearings. (e) Duties.-- (1) Study and recommendations required.-- (A) In general.--The advisory committee shall conduct a thorough study and develop recommendations to address the impact of WOTUS regulations on United States agriculture. (B) Matters studied.--The advisory committee shall study and develop recommendations to address-- (i) the impact of the prior-converted farmland exemption on agricultural operations; (ii) common agricultural practices that are not exempted from WOTUS regulations under the activity-based permitting exemptions of the Environmental Protection Agency; (iii) instances in which the Corps of Engineers came to conflicting rulings for the same or similarly situated tracts of land; (iv) the impact of WOTUS regulations on secure food supply chains and rural infrastructure; (v) how WOTUS regulations can be structured to provide a clear, objective ``eyesight'' test for jurisdictional waters of the United States; and (vi) how safe harbor conditions can be developed for farmers who observe common, voluntary conservation practices on their farms. (2) Report.--Not later than 1 year after the date on which all members of the advisory committee have been appointed, the advisory committee shall-- (A) submit a report with detailed findings and recommendations addressing the matters described in paragraph (1)(B) to-- (i) the Secretary; (ii) the Committee of Agriculture, Nutrition, and Forestry of the Senate; (iii) the Committee on Environment and Public Works of the Senate; (iv) the Committee on Agriculture of the House of Representatives; (v) the Committee on Transportation and Infrastructure of the House of Representatives; (vi) the Chair of the Council on Environmental Quality; (vii) the Director of the Office of Management and Budget; (viii) the Director of the White House Domestic Policy Council; (ix) the White House Chief of Staff; (x) the Administrator of the Environmental Protection Agency; and (xi) the Assistant Secretary of the Army for Civil Works; (B) publish in the Federal Register the report under subparagraph (A); and (C) present the findings and recommendations of the advisory committee in a meeting to-- (i) the Administrator of the Environmental Protection Agency; (ii) the Assistant Secretary of the Army for Civil Works; and (iii) the Science Advisory Board of the Environmental Protection Agency. (f) Powers.-- (1) Hearings.--The advisory committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the advisory committee considers advisable to carry out this section. (2) Information from federal agencies.-- (A) In general.--The advisory committee may secure directly from any Federal department or agency such information as the advisory committee considers necessary to carry out this section. (B) Furnishing information.--On request of the chairperson of the advisory committee, the head of a department or agency shall furnish any requested information to the advisory committee. (3) Postal services.--The advisory committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The advisory committee may accept, use, and dispose of gifts or donations of services or property. (5) Procurement of temporary and intermittent services.-- The chairperson of the advisory committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) Compensation.-- (1) Federal members.--A member of the advisory committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States, and such detail shall be without interruption or loss of civil service status or privilege. (2) Travel expenses.--A member of the advisory committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the advisory committee. (h) Sunset.--The advisory committee shall terminate 90 days after the date on which the advisory committee completes the reporting requirements under subsection (e)(2). (i) Funding.-- (1) Unobligated funding available.--Of the unobligated amounts appropriated by the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4), such sums as are necessary shall be made available to carry out this section. (2) Authorization of appropriations.--In the event that the funds described in paragraph (1) may not be made available to carry out this section, there are authorized to be appropriated such sums as are necessary to carry out this section. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1024
Access to AEDs Act
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ ...
<p><strong>Access to AEDs Act</strong></p> <p>This bill requires the Department of Health and Human Services to award grants to local educational agencies (LEAs), including public charter schools operating as LEAs under state law, to promote student access to defibrillation in elementary and secondary schools.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1024 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1024 To authorize the Secretary of Health and Human Services to award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Booker (for himself, Mr. Blumenthal, and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To authorize the Secretary of Health and Human Services to award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to AEDs Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Heart disease is the leading cause of death in the United States. (2) Sudden cardiac arrest (referred to in this section as ``SCA'') is a life-threatening emergency that is caused by a malfunction in the heart's electrical system or structure, which is caused by an abnormality from birth or one that develops over time. (3) Studies show that 1 in 300 youth has an undetected heart condition that puts them at risk. (4) SCA is the leading cause of death for student athletes. (5) Sports-related SCA account for 39 percent of SCAs among children 18 years old or younger. (6) In 2018, there were nearly 394,000 sudden cardiac arrests that occurred in the United States, with 9 out of 10 being fatal. Only 1 in 10 victims survive a sudden cardiac arrest. (7) An estimated 7,000 to 23,000 young people are stricken by SCA annually. (8) The American Heart Association estimates that 5 in 10 victims of SCA could survive if bystanders gave CPR and used an AED immediately. (9) The chain of survival includes prompt notification of emergency services and early CPR, defibrillation, and advanced cardiac life support. (10) Health education should include basic emergency lifesaving skills. Incorporating these lifesaving training programs into the health curriculum of public elementary and secondary schools will give children and youth these skills. SEC. 3. PROMOTING STUDENT ACCESS TO DEFIBRILLATION. (a) In General.--The Secretary shall award grants to eligible entities to develop and implement a comprehensive program to promote student access to defibrillation in public elementary schools and secondary schools. (b) Use of Funds.--An eligible entity receiving a grant under subsection (a) may use funds received through such grant to carry out any of the following activities: (1) Developing and providing comprehensive materials to establish AED and CPR programs in public elementary schools and secondary schools. (2) Providing support for CPR and AED training programs in such schools for students, staff, and related sports volunteers. (3) Providing support for developing a cardiac emergency response plan within such schools. (4) Purchasing AEDs that have been approved under section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e), cleared under section 510(k) of such Act (21 U.S.C. 360(k)), or authorized under section 513(f)(2) of such Act (21 U.S.C. 360c(f)(2)). (5) Purchasing necessary AED batteries and performing necessary AED maintenance (such as by replacing AED pads) in accordance with the labeling of the AED involved. (6) Replacing old and outdated AED and CPR equipment, machinery, and educational materials. (7) Fostering new and existing community partnerships with and among local educational agencies, nonprofit organizations, public health organizations, emergency medical service providers, fire and police departments, and parent-teacher associations to promote the importance of defibrillation in such schools. (8) Aiding school athletic departments to screen student athletes for risk of sudden cardiac arrest, consistent with guidelines of the American Heart Association and the American College of Cardiology. (9) Further developing strategies to improve access to AEDs in such schools. (c) Eligibility; Application.--To be eligible for a grant under subsection (a), an entity shall-- (1) be a local educational agency (including a public charter school operating as a local educational agency under State law), in consultation with a qualified health care entity; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Clearinghouse.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a clearinghouse database-- (1) to collect and make available information, including through voluntary reporting by local educational agencies, State educational agencies, and manufacturers, relating to student access to defibrillation in public elementary schools and secondary schools, including with respect to the costs of providing AEDs and CPR training; and (2) to gather information in a central location to facilitate research regarding sudden cardiac arrest in the pediatric population. (e) Reports.-- (1) By grantee.--Not later than 4 years after receipt of a grant under this section, the recipient of the grant shall submit to the Secretary a report that describes the activities carried out with funds received through the grant. (2) By secretary.--Not later than one year after receiving the reports required by paragraph (1), the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and the Workforce of the House of Representatives a consolidated evaluation of the activities carried out pursuant to grants under this section. (f) Definitions.--In this section-- (1) the term ``AED'' means an automated external defibrillator; (2) the term ``CPR'' means cardiopulmonary resuscitation; (3) the terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); (4) the term ``qualified health care entity'' means a health care entity that-- (A) is-- (i) a public entity; or (ii) an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) demonstrates an ability to develop, train, and implement a comprehensive program to promote student access to defibrillation in elementary and secondary schools; and (C) is qualified in providing technical assistance in AED and CPR training; and (5) the term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $25,000,000 for the period of fiscal years 2024 through 2028. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S1025
SAFEGUARD Act of 2023
[ [ "M000639", "Sen. Menendez, Robert [D-NJ]", "sponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "S001194", "...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1025 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1025 To enhance the consideration of human rights in arms exports. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Menendez (for himself, Mrs. Feinstein, Mr. Kaine, Mrs. Murray, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To enhance the consideration of human rights in arms exports. Be it enacted by the Senate 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 Human Rights in Arms Exports Act of 2023'' or the ``SAFEGUARD Act of 2023''. SEC. 2. STATEMENT OF POLICY ON CONTROL OF DEFENSE EXPORTS AND PROTECTION OF HUMAN RIGHTS. It is the policy of the United States that one of the purposes for controlling the export of defense articles and defense services to foreign countries is to prevent such exports from being used in violation of international humanitarian law or human rights, to require accountability for any such violations, and to ensure that the sale, export, or transfer of such articles and services serves to encourage governments of foreign countries to fully comply with international humanitarian law and observe human rights. SEC. 3. PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE OR WAR CRIMES. (a) In General.--No sale, export, or transfer of defense articles or defense services may occur to any country the government of which the Secretary of State determines has committed, or is committing, genocide or war crimes after the date of the enactment of this Act. (b) Exception.--The restriction under subsection (a) shall not apply if the Secretary of State certifies to the appropriate congressional committees that-- (1) the government has taken steps to bring to justice the persons directly or indirectly responsible for such acts through a credible, transparent, and effective judicial process; (2) appropriate measures have been instituted to ensure that such acts will not recur; and (3) other appropriate compensation or appropriate compensatory measures have been or are being provided to the persons harmed by such acts. SEC. 4. MISUSE OF ARMS SALES FOR HUMAN RIGHTS ABUSES. (a) In General.--The President shall ensure that-- (1) the sale, export, or transfer of any defense article or defense service to a foreign country or international organization shall be pursuant to an agreement that the government of such country or such international organization will not use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or international human rights law; (2) the United States Government has the legal right to require the return of any defense articles sold, exported, or transferred to a foreign country or international organization if the government of such country or such organization has used United States-origin defense articles in the commission, or has enabled the commission, of a violation of international humanitarian law or international human rights law; and (3) if defense articles are sold, exported, or transferred to a foreign country in a manner in which the intended end-user has not been identified at the unit level for human rights vetting, the agreement for such sale, export, or transfer includes a list of units ineligible to receive such articles, consistent with applicable provisions of United States law. (b) Eligibility for Defense Services or Articles.-- (1) Arms export control act.--Section 3(a) of the Arms Export Control Act (22 U.S.C. 2753(a)) is amended-- (A) in paragraph (1), by striking ``and promote world peace'' and inserting ``, promote world peace, and is unlikely to contribute to human rights abuses''; (B) in paragraph (3), by striking ``; and'' and inserting a semicolon; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following new paragraph: ``(4) the country or international organization has agreed not to use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or international human rights law; and''. (2) Foreign assistance act of 1961.--Section 505of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)) is amended-- (A) in subsection (a)-- (i) in paragraph (3), by striking ``; and'' and inserting a semicolon; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) the country or international organization has agreed not to use such articles or service in the commission, or to enable the commission, of a violation of international humanitarian law or international human rights law; and''; and (B) in subsection (e), by striking ``subsection (a)(1) or (a)(4)'' both places it appears and inserting ``subsection (a)(1) or (a)(5)''. (c) Authorized Purpose for Military Sales.--Section 4 of the Arms Export Control Act (22 U.S.C. 2754) is amended-- (1) by inserting ``legitimate'' before ``internal security''; and (2) by inserting ``, provided that such defense articles and defense services will not present a significant risk of being used to violate international humanitarian law or international human rights law'' after ``such friendly countries''. SEC. 5. CONSIDERATION OF HUMAN RIGHTS AND DEMOCRATIZATION IN ARMS EXPORTS. (a) In General.--In considering the sale, export, or transfer of defense articles and defense services to foreign countries, the Secretary of State shall-- (1) also consider the extent to which the government of the foreign country protects human rights and supports democratic institutions, including an independent judiciary; and (2) ensure that the views and expertise of the Bureau of Democracy, Human Rights, and Labor of the Department of State in connection with any sale, export, or transfer are fully taken into account. (b) Inspector General Oversight.--Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Inspector General of the Department of State shall submit to the appropriate congressional committees a report on the implementation of the requirement under subsection (a) during the preceding year. SEC. 6. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF HUMAN RIGHTS IN ARMS EXPORTS. (a) In General.--Any letter of offer to sell, or any application for a license to export or transfer, defense articles or defense services controlled for export shall be subject to the congressional review and disapproval requirements, regardless of monetary value, of section 36 of the Arms Export Control Act (22 U.S.C. 2776) if the Secretary of State has credible information, with respect to a country to which the defense articles or defense services are proposed to be sold, exported, or transferred, that-- (1) the government of such country on or after the date of enactment of this Act has been deposed by a coup d'etat or decree in which the military played a decisive role, and a democratically elected government has not taken office subsequent to the coup or decree; or (2) a unit of the security forces of the government of such country-- (A) has violated international humanitarian law and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation; or (B) has committed a gross violation of human rights, and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation, including, inter alia-- (i) torture or rape; (ii) ethnic cleansing of civilians; (iii) recruitment or use of child soldiers; (iv) unjust or wrongful detention; (v) the operation of, or effective control or direction over, secret detention facilities; or (vi) extrajudicial killings, whether by military, police, or other security forces. (b) Inclusion of Information in Human Rights Report.--The Secretary of State shall also provide to the appropriate congressional committees the report described in section 502B(c) of the Foreign Assistance Act (22 U.S.C. 2304(c)) biannually for the period of time specified in subsection (c) of this section regarding any country covered under subsection (a). (c) Duration.-- (1) In general.--With respect to a letter of offer to sell or an application for a license to sell, export, or transfer described in subsection (a), the letter or application shall be subject to the requirements and procedures for congressional review and disapproval under section 36 of the Arms Export Control Act (22 U.S.C. 2776) for 2 years after the date on which the Secretary of State receives the information described in subsection (a). (2) Termination.-- (A) In general.--With respect to such a letter or application, the enhanced congressional oversight under subsections (a) and paragraph (1) of this subsection shall terminate on the date on which the Secretary of State determines and so informs the appropriate congressional committees that-- (i) the credible information described in subsection (a)(2) is inaccurate; or (ii) the activity has ceased, and the government of the applicable country has taken appropriate steps to ensure that such activity does not recur, including appropriate punishment for the person or persons involved in such activity. (B) Information supporting determination.--The Secretary of State shall submit to the appropriate congressional committees all information forming the basis for a determination under subparagraph (A). The determination shall, to the fullest extent possible, be unclassified, but may include a classified annex. (d) Modification of Prior Notification of Shipment of Arms.-- Section 36(i) of the Arms Export Control Act (22 U.S.C. 2776(i)) is amended by striking ``subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member'' and inserting ``subject to the requirements of this section at the request of the Chairman or Ranking Member''. SEC. 7. LIMITATION ON SALES TO SECURITY FORCES INVOLVED IN GROSS VIOLATION OF HUMAN RIGHTS. Section 620M(a) of the Foreign Assistance Act of 1961 (23 U.S.C. 2378d(a)) is amended by striking ``No assistance'' and all that follows through ``Arms Export Control Act'' and inserting ``No assistance, including the sale of defense articles or defense services, shall be furnished under this Act, the Arms Export Control Act, or any other provision of law controlling the export or transfer of such articles and services''. SEC. 8. END-USE MONITORING OF MISUSE OF ARMS IN HUMAN RIGHTS ABUSES. (a) End-Use Monitoring.--Section 40A(a)(2)(B) of the Arms Export Control Act (22 U.S.C. 2785) is amended-- (1) in clause (i), by striking ``; and'' and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(iii) such articles and services are not being used to violate international humanitarian law or international human rights law.''. (b) Report.--The Secretary shall report to the appropriate congressional committees on the measures that will be taken, including any additional resources needed, to conduct an effective end-use monitoring program to fulfill the requirement of clause (iii) of section 40A(a)(2)(B) of the Arms Export Control Act, as added by subsection (a)(3). SEC. 9. HUMAN RIGHTS ELEMENTS IN AUXILIARY REPORTS. Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended-- (1) in subparagraph (O), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (P), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(Q) an assessment of the risk that such defense articles or defense services will be used in the commission of violations of international humanitarian law or international human rights law, and a description of any measures to be taken by the recipient government or by the United States to prevent and monitor any such use.''. SEC. 10. REQUIREMENT FOR CERTAIN WEAPONS TO BE SUBJECT TO CONDITIONS AND END USE MONITORING AS FOREIGN MILITARY SALES. Beginning on the date that is 180 days after the date of the enactment of this Act, the following defense articles may be sold, exported, or transferred only pursuant to section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)): (1) Rockets, space launch vehicles, missiles, bombs (including equipment to enable precision guidance), torpedoes, depth charges, mines, and grenades. (2) Armored combat ground vehicles, including ground vehicles and trailers that are armed or are specially designed to be used as a firing or launch platform to deliver munitions or otherwise destroy or incapacitate targets, excluding any unarmed ground vehicles, regardless of origin or designation, manufactured prior to 1956 and unmodified since 1955. (3) Aircraft, whether manned, unmanned, remotely piloted, or optionally piloted, as follows: (A) Bombers. (B) Fighters, fighter/bombers, and fixed-wing attack aircraft. (C) Turbofan- or turbojet-powered trainers used to train pilots for fighter, attack, or bomber aircraft. (D) Attack helicopters. (E) Unmanned aerial vehicles (UAVs) specially designed to incorporate a defense article. (F) Aircraft specially designed to incorporate a defense article for the purpose of performing an intelligence, surveillance, and reconnaissance function. (G) Aircraft specially designed to incorporate a defense article for the purpose of performing an electronic warfare function, airborne warning and control aircraft, or aircraft specially designed to incorporate a defense article for the purpose of performing a command, control, and communications function. SEC. 11. DEFINITIONS. In this Act: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) The terms ``defense article'' and ``defense service'' have the same meanings given the terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance" ]
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118S1026
Gun Violence Prevention Research Act of 2023
[ [ "M000133", "Sen. Markey, Edward J. [D-MA]", "sponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "S0012...
<p><b>Gun Violence Prevention Research Act of 2023</b></p> <p>This bill authorizes the Centers for Disease Control and Prevention to conduct or support research on firearms safety or gun violence prevention.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1026 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1026 To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Markey (for himself, Ms. Duckworth, Ms. Cortez Masto, Mr. Kaine, Ms. Smith, Mr. Casey, Mr. Murphy, Mr. Booker, Mr. Welch, Mr. Carper, Mr. Merkley, Mrs. Feinstein, Mr. Reed, Ms. Warren, Ms. Cantwell, Mr. Whitehouse, Mr. Wyden, Mr. Menendez, Ms. Klobuchar, Ms. Hirono, Mr. Durbin, Mr. Sanders, Mr. Schatz, Mr. Blumenthal, Mr. Heinrich, Mrs. Gillibrand, Ms. Baldwin, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2023''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2024 through 2029 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. &lt;all&gt; </pre></body></html>
[ "Health", "Accidents", "Centers for Disease Control and Prevention (CDC)", "Crime prevention", "Department of Health and Human Services", "Executive agency funding and structure", "Firearms and explosives", "Health programs administration and funding", "Medical research", "Research administration ...
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118S1027
STAND with Taiwan Act of 2023
[ [ "S001198", "Sen. Sullivan, Dan [R-AK]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1027 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1027 To require the imposition of sanctions with respect to the People's Republic of China if the People's Liberation Army initiates a military invasion of Taiwan. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To require the imposition of sanctions with respect to the People's Republic of China if the People's Liberation Army initiates a military invasion of Taiwan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctions Targeting Aggressors of Neighboring Democracies with Taiwan Act of 2023'' or the ``STAND with Taiwan Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Taiwan is a free and prosperous democracy of nearly 24,000,000 people, an important contributor to peace and stability around the world, and continues to embody and promote democratic values, freedom, and human rights in Asia. (2) The policy of the United States toward Taiwan is guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the United States-People's Republic of China joint communiques concluded in 1972, 1978, and 1982, and the Six Assurances that President Ronald Reagan communicated to Taiwan in 1982. (3) Under section 2 of the Taiwan Relations Act (22 U.S.C. 3301), it is the policy of the United States-- (A) ``to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area''; (B) ``to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern''; (C) ``to make clear that the United States decision to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means''; (D) ``to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States''; (E) ``to provide Taiwan with arms of a defensive character''; and (F) ``to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan''. (4) For decades and increasingly since the election of President Tsai Ing-wen as President of Taiwan in 2016, the Chinese Communist Party has employed a variety of coercive military and nonmilitary tactics short of armed conflict in its efforts to exert existential pressure on Taiwan, including through diplomatic isolation, restricting tourism, cyberattacks, spreading disinformation, and controlling the ability of Taiwan to purchase COVID-19 vaccines from other countries. (5) Since 2020, military incursions by the People's Republic of China into Taiwan's air defense identification zone have been occurring at a rapidly increasing pace. In 2022, such incursions occurred 1,700 times, nearly double the total in 2021, which was itself almost triple the 2020 total. (6) Since 2021, there has been a notable increase in military provocations by the People's Liberation Army against Taiwan, including incursions over the midline separating the People's Republic of China from Taiwan, holding military exercises in the vicinity of Taiwan's controlled waters, and performing live-fire exercises in the South China Sea. (7) In August 2022, the People's Republic of China held unprecedented live-fire military exercises and a simulated blockade involving hundreds of military aircraft, dozens of warships, and launches of short-range ballistic missiles over the territory of Taiwan. (8) The People's Republic of China is attempting to erase the midline separating it from Taiwan, increasing the prospects for incidental contact between forces of the People's Republic of China and Taiwan as well as shorting reaction times related to provocations by the People's Republic of China. (9) On August 10, 2022, the Taiwan Affairs Office of the State Council of the People's Republic of China released a white paper entitled ``The Taiwan Question and China's Reunification in the New Era'' that reiterated the long- standing position of the Government of the People's Republic of China not to renounce the use of force to bring about unification with Taiwan and to ``always be ready to respond with the use of force . . . to interference by external forces or radical action by separatist elements''. (10) In March 2021, then Commander of the United States Indo-Pacific Command Admiral Philip Davidson testified that the threat of a military invasion of Taiwan by the People's Liberation Army ``is manifest during this decade, in fact in the next six years''. (11) In March 2021, then Commander of the United States Pacific Fleet Admiral John Aquilino testified that the threat of a military invasion by the People's Liberation Army of Taiwan is ``much closer to us than most think'' and could materialize well before 2035. (12) On February 24, 2022, the Armed Forces of the Russian Federation initiated an unprovoked and unjustified invasion of Ukraine, resulting in at least 14,000 civilian casualties, including more than 5,000 deaths. (13) The Russian Federation invasion has destabilized global markets and supply chains, from energy to food, contributing to high inflation and recession in the United States and deep cuts to global gross domestic product. (14) With the assistance of the United States and European allies, Ukrainian forces have successfully repelled the Russian Federation invasion and recaptured significant portions of territory taken by the Russian Federation in the initial stages of the invasion. (15) In addition to military power, timely messaging around the use of economic and financial instruments of United States power and their potential use can have an important deterrent effect on the actions of other countries. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the interests of the United States to maintain a free and open Indo-Pacific region, with peace and stability in the Taiwan Strait as a critical component; (2) efforts by the Government of the People's Republic of China and the Chinese Communist Party to unilaterally determine the future of Taiwan through non-peaceful means, including threats and the direct use of force, military coercion, economic boycotts or embargoes, cyberattacks, and efforts to internationally isolate or annex Taiwan-- (A) directly undermine the spirit, intent, and purpose of the Taiwan Relations Act (22 U.S.C. 3301 et seq.); (B) undermine peace and stability in the Taiwan Strait; (C) limit a free and open Indo-Pacific region; and (D) are of grave concern to the Government of the United States; (3) the initiation of a military invasion of Taiwan by the People's Liberation Army would-- (A) constitute a threat to the peace and security of the Western Pacific Area and threaten the peace stability of the entire globe; and (B) undermine the core political, security, and economic interests of the United States at home and abroad; and (4) as an important deterrent measure against a military invasion of Taiwan, the Government of the People's Republic of China and the Chinese Communist Party must understand that initiating such an invasion will result in catastrophic economic and financial consequences for the People's Republic of China. SEC. 4. STATEMENT OF POLICY. The policy of the Government of the United States on Taiwan is guided by the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the United States-People's Republic of China joint communiques concluded in 1972, 1978, and 1982, and the Six Assurances that President Ronald Reagan communicated to Taiwan in 1982, but in the event of the initiation of a military invasion of Taiwan by the People's Liberation Army, it is the policy of the United States-- (1) to use and deploy all economic, commercial, and financial instruments and levers of power, including-- (A) the imposition of sanctions with respect to leadership of the Chinese Communist Party, key officials of the Government of the People's Republic of China, and financial institutions and other entities affiliated with the Chinese Communist Party or the Government of the People's Republic of China; (B) prohibiting the listing or trading of the securities of Chinese entities on United States securities exchanges; (C) prohibiting investments by United States financial institutions in economic sectors of the People's Republic of China; and (D) prohibiting the importation of certain goods mined, produced, or manufactured in the People's Republic of China into the United States; and (2) to work in close coordination with allies and partners of the United States to encourage those allies and partners to undertake similar economic, commercial, and financial actions against the Government of the People's Republic of China and the Chinese Communist Party. SEC. 5. DEFINITIONS. In this Act: (1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (2) Admission; admitted; alien.--The terms ``admission'', ``admitted'', and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Financial Services of the House of Representatives. (4) Covered determination.--The term ``covered determination'' has the meaning given that term in section 6(a). (5) Financial institution.--The term ``financial institution'' means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (6) Foreign person.--The term ``foreign person'' means an individual or entity that is not a United States person. (7) Knowingly.--The term ``knowingly'' with respect to conduct, a circumstance, or a result, means that a person had actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Military invasion.--The term ``military invasion'' includes-- (A) an amphibious landing or assault; (B) an airborne operation or air assault; (C) an aerial bombardment or blockade; (D) missile attacks, including rockets, ballistic missiles, cruise missiles, and hypersonic missiles; (E) a naval bombardment or blockade; and (F) attack on any territory controlled or administered by the Government of Taiwan, including offshore islands controlled or administered by that Government. (9) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 6. DETERMINATION OF THE INITIATION OF A MILITARY INVASION BY THE PEOPLE'S LIBERATION ARMY OR ITS PROXIES. (a) Covered Determination Defined.--In this Act, the term ``covered determination'' means-- (1) a determination by the President, not later than 24 hours after a military invasion of Taiwan by the People's Liberation Army or any of its proxies, that such an invasion has occurred; or (2) the enactment of a joint resolution pursuant to subsection (b). (b) Determination by Joint Resolution.-- (1) Covered joint resolution defined.--In this subsection, the term ``covered joint resolution'' means only a joint resolution of either House of Congress the sole matter after the resolving clause of which is as follows: ``That Congress determines that the People's Liberation Army or one of its proxies initiated a military invasion of Taiwan on ___.'', with the blank space being filled with the appropriate date. (2) Introduction.--A covered joint resolution may be introduced-- (A) in the House of Representatives, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee); and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (3) Floor consideration in house of representatives.-- (A) Discharge from committee.--If a committee of the House of Representatives to which a covered joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral of the joint resolution, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (B) Moving to consideration.--At any time after a covered joint resolution has been placed on the appropriate calendar, it is in order for the sponsor of the joint resolution (or a designee) to move for the consideration of that joint resolution. (C) Points of order; motions.--All points of order against the covered joint resolution and its consideration are waived. If the motion under subparagraph (B) is agreed to, the joint resolution shall remain the unfinished business of the House until disposed of, except as provided in paragraph (5). (D) No amendments.--A covered joint resolution shall not be subject to amendment in the House of Representatives. (E) Debate.--General debate on a covered joint resolution shall not exceed 4 hours, which shall be equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. (F) Final passage.--At the conclusion of debate, the previous question shall be considered as ordered on the resolution, and the House of Representatives shall vote on final passage without intervening motion. (4) Consideration in the senate.-- (A) Reporting and discharge.--If the committee of the Senate to which a covered joint resolution was referred has not reported the joint resolution within 2 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (B) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee of the Senate to which a covered joint resolution was referred reports the joint resolution to the Senate or has been discharged from consideration of the joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. (C) No amendments.--An amendment to a covered joint resolution, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit a covered joint resolution, is not in order. (D) Consideration.-- (i) Limitation on debate.--Consideration in the Senate of a covered joint resolution shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the majority leader and the minority leader, or by their designees. (ii) Vote on adoption.--Whenever all the time for debate on a covered joint resolution has been used or yielded back, the vote on the adoption of the resolution shall occur without any intervening motion or amendment, except that a single quorum call at the conclusion of the debate if requested in accordance with the Rules of the Senate may occur immediately before such vote. (E) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a covered joint resolution shall be decided without debate. (F) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a covered joint resolution, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to senate and house of representatives.-- (A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a covered joint resolution received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): (i) The joint resolution shall be referred to the appropriate committees. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (iii) Beginning on the third legislative day after the committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 4 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (B) Treatment of house joint resolution in senate.-- (i) Receipt before passage.--If, before the passage by the Senate of a covered joint resolution, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: (I) That joint resolution shall not be referred to a committee. (II) With respect to that joint resolution-- (aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the joint resolution from the House of Representatives. (ii) Receipt after passage.--If, following passage of a covered joint resolution in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. (iii) No companion measure.--If a covered joint resolution is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. (C) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a covered joint resolution that is a revenue measure. (6) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND MEMBERS OF THE CHINESE COMMUNIST PARTY. (a) In General.--Not later than 3 days after making a covered determination, the President shall impose the sanctions described in subsection (d) with respect to officials of the Government of the People's Republic of China and members of the Chinese Communist Party specified in subsection (b), to the extent such officials and members can be identified. (b) Officials Specified.--The officials specified in this subsection shall include-- (1) senior civilian and military officials of the People's Republic of China and military officials who have command or clear and direct decision-making power over military campaigns, military operations, and military planning against Taiwan conducted by the People's Liberation Army; (2) senior civilian and military officials of the People's Republic of China who have command or clear and direct decision-making power in the Chinese Coast Guard and the Chinese People's Armed Police and are engaged in planning or implementing activities that involve the use of force against Taiwan; (3) senior or special advisors to the General Secretary of the Chinese Communist Party, the Chairman of the Central Military Commission, or the President of the People's Republic of China; (4) officials of the Government of the People's Republic of China who are members of the top decision-making bodies of that Government; (5) the highest-ranking Chinese Communist Party members of the decision-making bodies referred to in paragraph (4); and (6) officials of the Government of the People's Republic of China in the intelligence agencies or security services who-- (A) have clear and direct decision-making power; and (B) have engaged in or implemented activities that-- (i) materially undermine the military readiness of Taiwan; (ii) overthrow or decapitate Taiwan's government; (iii) debilitate Taiwan's electric grid, critical infrastructure, or cybersecurity systems through offensive electronic or cyber attacks; (iv) undermine Taiwan's democratic processes through campaigns to spread disinformation; or (v) involve committing serious human rights abuses against citizens of Taiwan, including forceful transfers, enforced disappearances, unjust detainment, or torture. (c) Additional Officials.-- (1) List required.--Not later than 30 days after making a covered determination, and every 90 days thereafter, the President shall submit a list to the appropriate congressional committees that identifies any additional foreign persons who-- (A) the President determines are officials specified in subsection (b); and (B) who were not included on any previous list of such officials. (2) Imposition of sanctions.--Upon the submission of the list required under paragraph (1), the President shall impose the sanctions described in subsection (d) with respect to each official included on the list. (d) Sanctions Described.--The sanctions described in this subsection to be imposed with respect to an official specified in subsection (b) or (c) are the following: (1) Blocking of property.-- (A) In general.--The President shall exercise all of the powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in all property and interests in property of the official if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (2) Ineligibility for visas, admission, or parole.-- (A) Visas, admission, or parole.--The official shall be-- (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--The visa or other entry documentation of the official shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect.--A revocation under subparagraph (A) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the official's possession. (e) Exception for Compliance With International Obligations and Law Enforcement Activities.--Sanctions under this section shall not apply with respect to an official if-- (1) admitting or paroling the official into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity in the United States; or (2) the alien holds a valid, unexpired A-1, A-2, C-2, G-1, or G-2 visa. (f) Top Decision-Making Bodies Defined.--In this section, the term ``top decision-making bodies'' may include-- (1) the Political Bureau of the Central Committee of the Chinese Communist Party; (2) the Standing Committee of the Political Bureau of the Central Committee of the Chinese Communist Party; (3) the Central Military Commission of the Chinese Communist Party; (4) the Central Military Commission of the People's Republic of China; (5) the National People's Congress of the People's Republic of China; (6) the Central Committee of the Chinese Communist Party; and (7) the State Council of the People's Republic of China. SEC. 8. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS AFFILIATED WITH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than 3 days after a covered determination is made, the Secretary of the Treasury-- (1) shall impose the sanctions described in subsection (c) with respect to each joint-equity bank, national joint-stock commercial bank, and national state-owned policy bank; and (2) may impose those sanctions with respect to any subsidiary of, or successor entity to, a joint-equity bank, national joint-stock commercial bank, or national state-owned policy bank. (b) Additional People's Republic of China Financial Institutions.-- (1) List required.--Not later than 30 days after a covered determination is made, and every 90 days thereafter, the President shall submit a list to the appropriate congressional committees that identifies any foreign persons that the President determines-- (A) are significant financial institutions owned or operated by the Government of the People's Republic of China; and (B) should be sanctioned in the interest of United States national security. (2) Imposition of sanctions.--Upon the submission of each list required under paragraph (1), the President shall impose the sanctions described in subsection (c) with respect to each foreign person identified on such list. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Blocking of property.-- (A) In general.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person subject to subsection (a) or (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (2) Restrictions on correspondent and payable-through accounts.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or payable-through account by a foreign person subject to subsection (a) or (b). (d) Definitions.--In this section: (1) Joint-equity bank.--The term ``joint-equity bank'' means a bank under the jurisdiction of the People's Republic of China in which-- (A) the bank's equity is owned jointly by the shareholders; and (B) the Government of the People's Republic of China holds an interest. (2) National joint-stock commercial bank.--The term ``national joint-stock commercial bank'' means a bank under the jurisdiction of the People's Republic of China in which-- (A) the bank's stock is owned jointly by the shareholders; and (B) the Government of the People's Republic of China holds an interest. (3) National state-owned policy bank.--The term ``national state-owned policy bank'' means a bank that-- (A) is incorporated in the People's Republic of China; and (B) was established by the Government of the People's Republic of China to advance investments in specific policy domains that advance the interests and goals of the People's Republic of China. SEC. 9. IMPOSITION OF SANCTIONS WITH RESPECT TO ENTITIES OWNED BY OR AFFILIATED WITH THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY. (a) In General.--Not later than 3 days after a covered determination is made, the Secretary of the Treasury shall impose the sanctions described in subsection (b) with respect to any entity that-- (1) the Government of the People's Republic of China or the Chinese Communist Party has an ownership interest in; or (2) is otherwise affiliated with the Government of the People's Republic of China or the Chinese Communist Party. (b) Blocking of Property.-- (1) In general.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of an entity in an industry subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. SEC. 10. PROHIBITION ON TRANSFERS OF FUNDS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Except as provided by subsection (b), not later than 3 days after a covered determination is made, a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A))) or a broker or dealer in securities registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) may not process transfers of funds-- (1) to or from the People's Republic of China; or (2) for the direct or indirect benefit of officials of the Government of the People's Republic of China or members of the Chinese Communist Party. (b) Exception.--A depository institution, broker, or dealer described in subsection (a) may process a transfer described in that subsection if the transfer-- (1) arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that is authorized by a specific or general license; and (2) does not involve debiting or crediting an Chinese account. SEC. 11. PROHIBITION ON LISTING OR TRADING OF CHINESE ENTITIES ON UNITED STATES SECURITIES EXCHANGES. (a) In General.--The Securities and Exchange Commission shall prohibit the securities of an issuer described in subsection (b) from being traded on a national securities exchange on and after the date that is 3 days after a covered determination is made. (b) Issuers.--An issuer described in this subsection is an issuer that is-- (1) an official of or individual affiliated with the Government of the People's Republic of China or the Chinese Communist Party; or (2) an entity that-- (A) the Government of the People's Republic of China or the Chinese Communist Party has an ownership interest in; or (B) is otherwise affiliated with the Government of the People's Republic of China or the Chinese Communist Party. (c) Definitions.--In this section: (1) Issuer; security.--The terms ``issuer'' and ``security'' have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c). (2) National securities exchange.--The term ``national securities exchange'' means an exchange registered as a national securities exchange in accordance with section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). SEC. 12. PROHIBITION ON INVESTMENTS BY UNITED STATES FINANCIAL INSTITUTIONS THAT BENEFIT THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA OR THE CHINESE COMMUNIST PARTY. (a) In General.--Not later than 3 days after a covered determination is made, the Secretary of the Treasury shall prohibit any United States financial institution from making any investments described in subsection (b). (b) Investments Described.--An investment described in this subsection is a monetary investment-- (1) to-- (A) an entity owned or controlled by the Government of the People's Republic of China or the Chinese Communist Party; or (B) the People's Liberation Army; or (2) for the benefit of any priority industrial sector identified in the ``Made in China 2025'' plan or the ``14th Five Year Smart Manufacturing Development Plan'', including-- (A) agriculture machinery; (B) information technology; (C) artificial intelligence, machine learning, and robotics; (D) green energy and green vehicles; (E) aerospace equipment; (F) ocean engineering and high tech ships; (G) railway equipment; (H) power equipment; (I) new materials; (J) medicine and medical devices; (K) fifth generation and future generation telecommunications and other advanced wireless networking technologies; (L) semiconductor manufacturing; (M) biotechnology; (N) quantum computing; (O) surveillance technologies, including facial recognition technologies and censorship software; (P) fiber optic cables; and (Q) mining and resource development. (c) United States Financial Institution Defined.--In this section, the term ``United States financial institution''-- (1) means any financial institution that is a United States person; and (2) includes an investment company, private equity company, venture capital company, or hedge fund that is a United States person. SEC. 13. PROHIBITION ON IMPORTATION OF CERTAIN GOODS MADE IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Except as provided in subsection (b), on and after the date that is 3 days after a covered determination is made, all goods mined, produced, or manufactured wholly or in part in the People's Republic of China, or by a person working for or affiliated with an entity or industry wholly financed by the Government of the People's Republic of China or the Chinese Communist Party or in which the Government of the People's Republic of China or the Chinese Communist Party has a majority ownership interest, shall not be entitled to entry at any of the ports of the United States and the importation of such goods is prohibited. (b) Exception.--The prohibition under subsection (a) shall not apply with respect to a good if the President-- (1) determines that the good is necessary to the national security, economic security, or public health of the United States; and (2) submits to the appropriate congressional committees and make available to the public a report on that determination. SEC. 14. EXCEPTIONS; WAIVER. (a) Exception for Intelligence Activities.--This Act shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (b) National Security Waiver.--The President may waive the imposition of sanctions under this Act with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. SEC. 15. IMPLEMENTATION; PENALTIES. (a) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (b) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this Act shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. &lt;all&gt; </pre></body></html>
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118S1028
Servicemembers and Veterans Empowerment and Support Act of 2023
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1028 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1028 To amend title 38, United States Code, to expand health care and benefits from the Department of Veterans Affairs for military sexual trauma, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Tester (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to expand health care and benefits from the Department of Veterans Affairs for military sexual trauma, and for other 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 ``Servicemembers and Veterans Empowerment and Support Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DEFINING MILITARY SEXUAL TRAUMA Sec. 101. Report on military sexual trauma in the digital age. TITLE II--DISABILITY COMPENSATION AND CLAIMS PROCESSING Sec. 201. Definition of military sexual trauma. Sec. 202. Conforming changes relating to specialized teams to evaluate claims involving military sexual trauma. Sec. 203. Evaluation of claims involving military sexual trauma. Sec. 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to disability resulting from military sexual trauma. Sec. 205. Communications from the Department of Veterans Affairs to individuals who have experienced military sexual trauma. Sec. 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma. Sec. 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma. TITLE III--ACCESS TO HEALTH CARE Sec. 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces. Sec. 302. Connection to Veterans Health Administration when a disability claim related to military sexual trauma is submitted to Veterans Benefits Administration. Sec. 303. Pilot program for interim access to mental health care for individuals who have experienced military sexual trauma. Sec. 304. Comptroller General study on access to care from Department of Veterans Affairs for individuals who have experienced military sexual trauma. TITLE I--DEFINING MILITARY SEXUAL TRAUMA SEC. 101. REPORT ON MILITARY SEXUAL TRAUMA IN THE DIGITAL AGE. (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 the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on military sexual trauma in the digital age. (b) Requirements.--The report required under subsection (a) shall include the following: (1) A comprehensive evaluation and assessment of current Department of Veterans Affairs statutes, regulations, and agency guidance relating to military sexual trauma for the purposes of access to health care under chapter 17 of title 38, United States Code, and compensation under chapter 11 of such title to identify-- (A) gaps in coverage for health care and compensation eligibility relating to military sexual trauma involving online or other technological communications; and (B) the feasibility and advisability of expanding health care and compensation for trauma that is nonsexual in nature involving online or other technological communications. (2) Recommendations for revising statutes, regulations, and agency guidance in response to the evaluation and assessment under paragraph (1). (c) Consultation.--In carrying out subsection (a), the Secretary of Veterans Affairs shall consult veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate. (d) Military Sexual Trauma Defined.--In this section, the term ``military sexual trauma''-- (1) with respect to eligibility for health care, has the meaning given such term in section 1720D(f) of title 38, United States Code, as added by section 301; and (2) with respect to eligibility for compensation, has the meaning given such term in section 1169(i) of title 38, United States Code, as added by section 203(a). TITLE II--DISABILITY COMPENSATION AND CLAIMS PROCESSING SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA. In this title, the term ``military sexual trauma'' has the meaning given such term in section 1169(i) of title 38, United States Code, as added by section 203(a). SEC. 202. CONFORMING CHANGES RELATING TO SPECIALIZED TEAMS TO EVALUATE CLAIMS INVOLVING MILITARY SEXUAL TRAUMA. Subsection (d) of section 1166 of title 38, United States Code, is amended to read as follows: ``(a) Definitions.--In this section, the terms `covered mental health condition' and `military sexual trauma' have the meanings given those terms in section 1169(i) of this title.''. SEC. 203. EVALUATION OF CLAIMS INVOLVING MILITARY SEXUAL TRAUMA. (a) In General.--Subchapter VI of chapter 11 of such title is amended by inserting after section 1166 the following new section: ``Sec. 1166A. Evaluation of claims involving military sexual trauma ``(a) In General.--(1) In the case of any veteran who claims that a covered mental health condition based on military sexual trauma was incurred in or aggravated by active military, naval, air, or space service, the Secretary shall consider the following: ``(A) A diagnosis of such mental health condition by a mental health professional. ``(B) A link, established by medical evidence, between current symptoms and a military sexual trauma. ``(C) Credible supporting evidence, in accordance with subsections (b) and (c) that the claimed military sexual trauma occurred. ``(2) The reasons for granting or denying service-connection in each case described in paragraph (1) shall be recorded in full. ``(b) Nonmilitary Sources of Evidence.--(1) For purposes of subsection (a), evidence from sources other than official records of the Department of Defense regarding the veteran's active military, naval, air, or space service may corroborate the veteran's account of the trauma. ``(2) Examples of evidence described in paragraph (1) include the following: ``(A) Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians. ``(B) Pregnancy tests and tests for sexually transmitted diseases. ``(C) Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy. ``(c) Evidence of Behavior Changes.--(1) For purposes of subsection (a), evidence of a behavior change following military sexual trauma is one type of relevant evidence that may be found in sources described in such subsection. ``(2) Examples of behavior changes that may be relevant evidence of military sexual trauma include the following: ``(A) A request for a transfer to another military duty assignment. ``(B) Deterioration in work performance. ``(C) Substance abuse or substance use disorder. ``(D) Episodes of depression, panic attacks, or anxiety without an identifiable cause. ``(E) Unexplained economic or social behavior changes. ``(d) Notice and Opportunity To Supply Evidence.--The Secretary may not deny a claim of a veteran for compensation under this chapter for a covered mental health condition that is based on military sexual trauma without first-- ``(1) advising the veteran that evidence described in subsections (b) and (c) may constitute credible corroborating evidence of the military sexual trauma; and ``(2) allowing the veteran an opportunity to furnish such corroborating evidence or advise the Secretary of potential sources of such evidence. ``(e) Review of Evidence.--In reviewing a claim for compensation described in subsection (a)(1), for any evidence identified as part of such claim that is described in subsection (b) or (c), the Secretary shall submit such evidence to such medical or mental health professional as the Secretary considers appropriate, including clinical and counseling experts employed by the Department, to obtain an opinion as to whether the evidence indicates that a military sexual trauma occurred. ``(f) Point of Contact.--The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation described in subsection (a)(1) includes contact information for an appropriate point of contact with the Department. ``(g) Specialized Teams.--The Secretary shall ensure that all claims for compensation described in subsection (a)(1) are reviewed and processed by a specialized team established under section 1166 of this title. ``(h) Rule of Construction Regarding Application to Nonsexual Personal Assault.--The Secretary shall not construe this section as supplanting the standard of proof or evidence required for claims for posttraumatic stress disorder based on nonsexual personal assault, which the Secretary shall continue to define in regulation. ``(i) Definitions.--In this section: ``(1) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis that the Secretary determines to be related to military sexual trauma and which may be service- connected under section 1110 of this title. ``(2) The term `mental health professional' means a provider in the field of mental health who meets the credential, licensure, education, and training requirements established by the Secretary. ``(3) The term `military sexual trauma' means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the active military, naval, air, or space service.''. (b) Outreach.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims relating to military sexual trauma, including requirements for a medical examination and opinion. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1166 the following new item: ``1166A. Evaluation of claims involving military sexual trauma.''. SEC. 204. CHOICE OF LOCATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL EXAMINATION FOR ASSESSMENT OF CLAIMS FOR COMPENSATION RELATING TO DISABILITY RESULTING FROM MILITARY SEXUAL TRAUMA. (a) In General.--Section 1165 of title 38, United States Code, is amended-- (1) in the section heading, by inserting ``and location of medical examination'' after ``examiner''; (2) in subsection (a), by striking ``a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment'' and inserting ``military sexual trauma (as defined in section 1166A(i) of this title)''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new subsection (c): ``(c) Choice of Examination Location.--(1) The Secretary shall ensure that a veteran who requires a medical examination in support of a claim described in subsection (a) may request that the medical examination take place at a medical facility of the Department by a qualified employee of the Department rather than at a location designated by a Department contractor that performs such examinations on behalf of the Department. ``(2) The Secretary-- ``(A) shall grant any request under paragraph (1) if a medical facility of the Department is available not further than 100 miles from the veteran's home; and ``(B) may not issue a decision on a claim described in such paragraph before the requested examination is completed, or notice is provided per paragraph (c)(3). ``(3) If a medical facility of the Department is not available within 100 miles of the veteran's home, the Secretary shall notify the veteran and provide the veteran the opportunity-- ``(A) to have the examination completed by a contractor of the Department; or ``(B) to complete the examination at a medical facility further than 100 miles from the veteran's home.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1165 and inserting the following new item: ``1165. Choice of sex of medical examiner and location of medical examination for certain disabilities.''. SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF VETERANS AFFAIRS TO INDIVIDUALS WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA. (a) Review Board.-- (1) In general.--The Secretary of Veterans Affairs shall establish a board to review correspondence relating to military sexual trauma. (2) Membership.--The board established under paragraph (1) shall be composed of members who shall be appointed by the Secretary from among employees of the Department of Veterans Affairs who are experts in military sexual trauma and mental health, of whom-- (A) one or more shall be appointed from among mental health providers of the Veterans Health Administration; (B) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Veterans Benefits Administration; and (C) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Board of Veterans' Appeals. (3) Duties.--The board established under paragraph (1) shall-- (A) review standard correspondence, which may include templates for notices under sections 5103, 5104, 5104B, and 7104 of title 38, United States Code, from the Department to individuals who have experienced military sexual trauma for sensitivity; and (B) ensure that the correspondence-- (i) treats such individuals with dignity and respect; and (ii) does not re-traumatize such individuals. (4) Individual who has experienced military sexual trauma defined.--In this subsection, the term ``individual who has experienced military sexual trauma'' means-- (A) a veteran who has filed a claim for compensation under chapter 11 of title 38, United States Code, relating to military sexual trauma; (B) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or (C) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. (b) Contents of Certain Written Communications to Individuals Who Have Experienced Military Sexual Trauma.-- (1) Notice to claimants of required information and evidence.--Section 5103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(c) Written Communications to Individuals Who Have Experienced Military Sexual Trauma.--(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: ``(A) The military sexual trauma coordinator of the Veterans Benefits Administration. ``(B) The military sexual trauma coordinator of the Veterans Health Administration. ``(C) The Veterans Crisis Line. ``(D) The facility of the Veterans Health Administration closest to where the individual resides. ``(2) In this subsection: ``(A) The term `individual who has experienced military sexual trauma' means-- ``(i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; ``(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or ``(iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. ``(B) The term `military sexual trauma' has the meaning given that term in section 1166A(i) of this title. ``(C) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (2) Decisions and notices of decisions.--Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: ``(A) The military sexual trauma coordinator of the Veterans Health Administration. ``(B) The Veterans Crisis Line. ``(C) The facility of the Veterans Health Administration closest to where the individual resides. ``(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes-- ``(A) the contact information described in paragraph (1); and ``(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. ``(3) In this subsection: ``(A) The term `individual who has experienced military sexual trauma' means-- ``(i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; ``(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or ``(iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. ``(B) The term `military sexual trauma' has the meaning given that term in section 1166A(i) of this title. ``(C) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (3) Higher-level review by the agency of original jurisdiction.--Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) Written Communications to Individuals Who Have Experienced Military Sexual Trauma.--(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: ``(A) The military sexual trauma coordinator of the Veterans Health Administration. ``(B) The Veterans Crisis Line. ``(C) The facility of the Veterans Health Administration closest to where the individual resides. ``(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes-- ``(A) the contact information described in paragraph (1); and ``(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. ``(3) In this subsection: ``(A) The term `individual who has experienced military sexual trauma' means-- ``(i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; ``(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or ``(iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. ``(B) The term `military sexual trauma' has the meaning given that term in section 1166A(i) of this title. ``(C) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. (4) Board of veterans' appeals.--Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes contact information for each of the following: ``(A) The military sexual trauma coordinator of the Veterans Health Administration. ``(B) The Veterans Crisis Line. ``(C) The facility of the Veterans Health Administration closest to where the individual resides. ``(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes-- ``(A) the contact information described in paragraph (1); and ``(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration. ``(3) In this subsection: ``(A) The term `individual who has experienced military sexual trauma' means-- ``(i) a veteran who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma; ``(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or ``(iii) a former member of the Armed Forces or a veteran who is receiving care from the Department relating to military sexual trauma. ``(B) The term `military sexual trauma' has the meaning given that term in section 1166A(i) of this title. ``(C) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title.''. SEC. 206. STUDY ON TRAINING AND PROCESSING RELATING TO CLAIMS FOR DISABILITY COMPENSATION RELATING TO MILITARY SEXUAL TRAUMA. (a) Study Required.--The Secretary of Veterans Affairs shall conduct a study on-- (1) the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma; and (2) the quality of the procedures of the Department for reviewing the accuracy of the processing of such claims. (b) Elements.--The study required by subsection (a) shall include the following: (1) With respect to the quality of training described in paragraph (1) of such subsection: (A) Whether the Department ensures personnel complete such training on time. (B) Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy. (C) Such recommendations as the Secretary of Veterans Affairs may have for improving the training. (2) With respect to the quality of procedures described in paragraph (2) of such subsection: (A) Whether the procedures of the Department for reviewing the accuracy of the processing of claims described in such subsection comport with generally accepted statistical methodologies to ensure reasonable accuracy of such reviews. (B) Whether such procedures adequately include mechanisms to correct errors found in such reviews. (C) Such recommendations as the Secretary may have for improving such procedures. (c) Report Required.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report detailing the findings of the Secretary with respect to the study conducted under subsection (a). SEC. 207. ANNUAL SPECIAL FOCUS REVIEW OF CLAIMS FOR DISABILITY COMPENSATION FOR DISABILITIES RELATING TO MILITARY SEXUAL TRAUMA. (a) Annual Special Focus Review.-- (1) In general.--Each year, the Under Secretary for Benefits of the Department of Veterans Affairs shall conduct a special focus review on the accuracy of the processing of claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma. (2) Elements.--Each review conducted under paragraph (1) shall include a review of the following: (A) A statistically significant, nationally representative sample of all claims for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (B) The accuracy of each decision made with respect to each claim described in subparagraph (A). (C) The types of benefit entitlement errors found, disaggregated by category. (D) Trends from year to year. (E) Training completion rates for personnel of the Department who process claims described in paragraph (1). (b) Reprocessing of Claims.--If the Under Secretary finds, pursuant to a special focus review conducted under subsection (a)(1), that an error was made with respect to the entitlement of a veteran to a benefit under the laws administered by the Secretary, the Secretary shall return the relevant claim of the veteran to the appropriate regional office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim. (c) Re-Reviewing of Claims.--If the Under Secretary finds, pursuant to a special focus review conducted under paragraph (1) of subsection (a), that the accuracy rate, under paragraph (2)(B) of such subsection, is less than 90 percent, the Secretary shall conduct a review of each claim for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted. (d) Report.--Section 5501(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5048) is amended by adding at the end the following new subparagraph: ``(I) The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the Servicemembers and Veterans Empowerment and Support Act of 2023, including-- ``(i) the elements under subsection (a)(2) of such section; ``(ii) the number of claims returned for reprocessing under subsection (b) of such section; and ``(iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim.''. (e) Sunset.--On the date that the Under Secretary determines, pursuant to special focus reviews conducted under paragraph (1) of subsection (a), that the accuracy rates under paragraph (2)(B) of such subsection have been 95 percent or greater for five consecutive years-- (1) subsection (a)(1) shall cease to be in effect; and (2) subparagraph (I) of section 5501(b)(2) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat. 5048), as added by subsection (d), is repealed. TITLE III--ACCESS TO HEALTH CARE SEC. 301. EXPANSION OF ELIGIBILITY FOR COUNSELING AND TREATMENT FOR MILITARY SEXUAL TRAUMA TO INCLUDE ALL FORMER MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES. Section 1720D of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``a physical assault'' and all that follows through the period at the end and inserting ``military sexual trauma.''; and (B) in paragraph (2)(A), by striking ``was suffered'' and all that follows through the period at the end and inserting ``resulted from military sexual trauma.''; and (2) by striking subsections (f) and (g) and inserting the following new subsection (f): ``(f) In this section: ``(1) The term `former member of the Armed Forces' means a person who served on active duty, active duty for training, or inactive duty training, and who was discharged or released therefrom under any condition that is not-- ``(A) a discharge by court-martial; or ``(B) a discharge subject to a bar to benefits under section 5303 of this title. ``(2) The term `military sexual trauma' means, with respect to a member of the Armed Forces or former member of the Armed Forces, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the member or former member was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10). ``(3) The term `sexual harassment' means unsolicited verbal or physical contact of a sexual nature which is threatening in character.''. SEC. 302. CONNECTION TO VETERANS HEALTH ADMINISTRATION WHEN A DISABILITY CLAIM RELATED TO MILITARY SEXUAL TRAUMA IS SUBMITTED TO VETERANS BENEFITS ADMINISTRATION. (a) In General.--Not later than 14 days after the date on which a veteran submits a claim for disability compensation to the Veterans Benefits Administration for a disability related to military sexual trauma, the Secretary of Veterans Affairs shall send a communication to the veteran with the following information: (1) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Benefits Administration and a description of the assistance such coordinator can provide. (2) The contact information for the nearest military sexual trauma coordinator for the veteran at the Veterans Health Administration and a description of the assistance such coordinator can provide. (3) The types of services that individuals who have experienced military sexual trauma are eligible to receive from the Department of Veterans Affairs, including the nearest locations and the contact information for such services. (4) The contact information for the Veterans Crisis Line established under section 1720F(h) of title 38, United States Code. (5) Such other information on services, care, or resources for military sexual trauma as the Secretary determines appropriate. (b) Definition of Military Sexual Trauma.--In this section, the term ``military sexual trauma'' has the meaning given that term in section 1166A(i) of title 38, United States Code, as added by section 203(a). SEC. 303. PILOT PROGRAM FOR INTERIM ACCESS TO MENTAL HEALTH CARE FOR INDIVIDUALS WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA. (a) In General.--Commencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to provide intensive outpatient mental health care to current and former members of the Armed Forces who have experienced military sexual trauma when the wait times for residential mental health care from the Department of Veterans Affairs for the individual is more than 14 days. (b) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program. (c) Locations.-- (1) In general.--The Secretary shall carry out the pilot program under subsection (a) at not fewer than four Veterans Integrated Service Networks of the Department. (2) Selection of locations.--In selecting locations for the pilot program under subsection (a), the Secretary shall select locations that have the longest wait times for residential mental health care, particularly for individuals who have experienced military sexual trauma. (3) Notification.--Before commencing the pilot program under subsection (a), the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives of the locations selected for the pilot program. (d) Types of Services.--Subject to the preference of the individual participating in the pilot program under subsection (a) and the capacity of facilities of the Department, the Secretary may provide services under the pilot program via telehealth or in person at a facility of the Department. (e) Participation.-- (1) Clarification on participation.--Participation by an individual in the pilot program under subsection (a) shall be during the period in which the individual is waiting for a residential mental health bed opening and shall not disqualify the individual from receiving residential mental health care following their participation in the pilot program. (2) Decisions on participation.--Decisions about the participation of an individual in the pilot program and the transition of the individual to residential mental health care shall be made by the individual and their health care provider. (f) Report.--Not later than 180 days after the conclusion of the pilot program under subsection (a), the Secretary shall submit to Congress a report on-- (1) participation in the pilot program; (2) clinical outcomes under the pilot program; and (3) such recommendations for continuation or termination of the program as the Secretary may have, including recommendations for legislative or administrative action. (g) Definition of Military Sexual Trauma.--In this section, the term ``military sexual trauma'' has the meaning given that term in section 1720D(f) of title 38, United States Code, as added by section 301. SEC. 304. COMPTROLLER GENERAL STUDY ON ACCESS TO CARE FROM DEPARTMENT OF VETERANS AFFAIRS FOR INDIVIDUALS WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA. (a) In General.--The Comptroller General of the United States shall conduct a study on access to mental health care at facilities of the Department of Veterans Affairs for individuals who have experienced military sexual trauma. (b) Elements.--The study conducted under subsection (a) shall include an assessment of the following: (1) The availability of residential and outpatient services, including wait times and geographic disparities for such services, to include-- (A) an assessment of the availability of bed spaces in the mental health residential rehabilitation treatment programs of the Department of Veterans Affairs for individuals who have experienced military sexual trauma, including an assessment of the suitability of those programs for such individuals and the wait times for services under those programs; (B) an assessment of geographic disparities in access to those programs for individuals who have experienced military sexual trauma, including by region and by rural and urban areas; (C) an assessment of alternative care options provided when an individual who has experienced military sexual trauma is waiting for residential care, the efficacy of those alternatives, and the satisfaction of patients with those alternatives; (D) recommendations for reducing the average wait time for services under those programs to 14 days or less, including by increasing bed space or addressing staffing needs; and (E) an assessment of the satisfaction of patients with the tracks of those programs specific to military sexual trauma, an assessment of the wait times for services under those tracks, and recommendations for increasing or changing the number of locations for services under those tracks to better meet the needs of individuals who have experienced military sexual trauma. (2) The communication and advertisement by the Department of the care, services, and resources available for individuals who have experienced military sexual trauma. (3) The barriers to accessing health care related to military sexual trauma at a facility of the Department for individuals who have experienced military sexual trauma, including transportation, child care, lack of telehealth, gender-specific barriers, and more. (4) The extent to which the Secretary has assessed the quality of the training provided to providers of the Department on military sexual trauma and made any adjustments in response to such assessment. (5) The role of Vet Centers in providing care to individuals who have experienced military sexual trauma, including current and former members of the Armed Forces. (6) Any current actions by the Secretary to strengthen access to high-quality care for individuals who have experienced military sexual trauma and such recommendations for improving access to care for such individuals as the Comptroller General considers appropriate. (c) Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the findings of the study conducted under subsection (a). (d) Definitions.--In this section: (1) Military sexual trauma.--The term ``military sexual trauma'' has the meaning given that term in section 1720D(f) of title 38, United States Code, as added by section 301. (2) Vet center.--The term ``Vet Center'' has the meaning given that term in section 1712A(h) of title 38, United States Code. &lt;all&gt; </pre></body></html>
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118S1029
Protecting Military Servicemembers' Data Act of 2023
[ [ "C001075", "Sen. Cassidy, Bill [R-LA]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1029 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1029 To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cassidy (for himself, Ms. Warren, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. Be it enacted by the Senate 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 Military Servicemembers' Data Act of 2023. SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. (a) In General.--It shall be unlawful for a data broker to sell, resell, license, trade, or otherwise provide or make available for consideration a military servicemember list to any covered nation. (b) Effective Date.--The prohibition under subsection (a) shall take effect on the earlier of-- (1) the date the Commission issues the final rule under section 3(a)(3); or (2) 1 year after the date of enactment of this Act. SEC. 3. ENFORCEMENT. (a) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 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. (B) Privileges and immunities.--Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Nonprofit organizations.--Notwithstanding section 4 of the Federal Trade Commission Act (15 U.S.C. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. (E) Independent litigation authority.--In any case in which the Commission has reason to believe that a data broker is violating or has violated section 2, the Commission may bring a civil action in an appropriate district court of the United States-- (i) to enjoin further violation of such section by such person; (ii) to compel compliance with such section; and (iii) to obtain damages, restitution, or other compensation on behalf of aggrieved consumers. (3) Rulemaking.--Pursuant to section 553 of title 5, United States Code, the Commission shall promulgate regulations to carry out the provisions of this Act. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (4) Data broker.--The term ``data broker'' means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. (5) Military servicemember list.--The term ``military servicemember list'' means a list that includes personal information (other than public record information) about one or more individuals or households which is created for the express or implied purpose of compiling information about individuals who are current or former servicemembers (as that term is defined in section 3911(1) of title 50, United States Code). (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information.--The term ``public record information'' means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. &lt;all&gt; </pre></body></html>
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118S103
Defending Domestic Orange Juice Production Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<p><b>Defending Domestic Orange Juice Production Act of 2023 </b></p> <p>This bill requires finished pasteurized orange juice to contain at least 10% by weight of orange juice soluble solids (currently 10.5%), exclusive of the solids of any added optional sweetening ingredients. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 103 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 103 To modify the minimum required weight of orange juice soluble solids. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To modify the minimum required weight of orange juice soluble solids. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Orange Juice Production Act of 2023''. SEC. 2. REVISION OF PASTEURIZED ORANGE JUICE STANDARDS. (a) In General.--Effective on the date of enactment of this Act, the standard of identity for ``pasteurized orange juice'', established in section 146.140 of title 21, Code of Federal Regulations, shall be deemed to require finished pasteurized orange juice to contain not less than 10.0 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredients. (b) Regulation Authority.--Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to amend the standard of identity for pasteurized orange juice. &lt;all&gt; </pre></body></html>
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118S1030
Protecting Older Workers Against Discrimination Act
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ ...
<p><strong>Protecting Older Workers Against Discrimination Act</strong></p> <p>This bill revises the evidentiary standard for age discrimination by establishing an unlawful employment practice when the complaining party demonstrates that age or participation in an investigation, proceeding, or litigation related to an age discrimination claim was a motivating factor for an adverse practice, even though other factors also motivated the practice (thereby allowing what are commonly known as <i>mixed motive</i> claims).</p> <p>The bill (1) permits the complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred; and (2) declares that the complaining party shall not be required to demonstrate that age or retaliation was the sole cause of the employment practice (thereby rejecting the Supreme Court's decision in <em>Gross v. FBL Financial Services, Inc.</em>, which requires the complainant to prove that age was the <i>but-for</i> cause for the employer's decision).</p> <p>The bill applies this evidentiary standard to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, and the Rehabilitation Act of 1973.</p> <p>In a claim in which age discrimination is shown, but where the employer demonstrates that it would have taken the same action absent the motivating factor of age, the bill authorizes courts to grant declaratory and injunctive relief, but prohibits the court from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. This limitation also applies to claims of discrimination based on disability.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1030 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1030 To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Casey (for himself, Mr. Grassley, Ms. Hassan, Ms. Collins, Ms. Baldwin, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes. Be it enacted by the Senate 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 Older Workers Against Discrimination Act''. SEC. 2. STANDARDS OF PROOF. (a) Age Discrimination in Employment Act of 1967.-- (1) Clarifying prohibition against impermissible consideration of age in employment practices.--Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection (f) the following: ``(g)(1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. ``(2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and ``(B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice.''. (2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is amended-- (A) in subsection (b)-- (i) in the first sentence, by striking ``The'' and inserting ``(1) The''; (ii) in the third sentence, by striking ``Amounts'' and inserting the following: ``(2) Amounts''; (iii) in the fifth sentence, by striking ``Before'' and inserting the following: ``(4) Before''; and (iv) by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: ``(3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and ``(B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''; and (B) in subsection (c)(1), by striking ``Any'' and inserting ``Subject to subsection (b)(3), any''. (3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is amended by adding at the end the following: ``(m) The term `demonstrates' means meets the burdens of production and persuasion.''. (4) Federal employees.--Section 15 of such Act (29 U.S.C. 633a) is amended by adding at the end the following: ``(h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section.''. (b) Title VII of the Civil Rights Act of 1964.-- (1) Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection (m) and inserting the following: ``(m) Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, national origin, or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice.''. (2) Federal employees.--Section 717 of such Act (42 U.S.C. 2000e-16) is amended by adding at the end the following: ``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section.''. (c) Americans With Disabilities Act of 1990.-- (1) Definitions.--Section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding at the end the following: ``(11) Demonstrates.--The term `demonstrates' means meets the burdens of production and persuasion.''. (2) Clarifying prohibition against impermissible consideration of disability in employment practices.--Section 102 of such Act (42 U.S.C. 12112) is amended by adding at the end the following: ``(e) Proof.-- ``(1) Establishment.--Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. ``(2) Demonstration.--In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party-- ``(A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and ``(B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice.''. (3) Certain anti-retaliation claims.--Section 503(c) of such Act (42 U.S.C. 12203(c)) is amended-- (A) by striking ``The remedies'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the remedies''; and (B) by adding at the end the following: ``(2) Certain anti-retaliation claims.--Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I.''. (4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is amended by adding at the end the following: ``(c) Discriminatory Motivating Factor.--On a claim in which an individual demonstrates that disability was a motivating factor for any employment practice under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court-- ``(1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and ``(2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment.''. (d) Rehabilitation Act of 1973.-- (1) In general.--Sections 501(f), 503(d), and 504(d) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f), 793(d), and 794(d)), are each amended by adding after ``title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)'' the following: ``, including the standards of causation or methods of proof applied under section 102(e) of that Act (42 U.S.C. 12112(e)),''. (2) Federal employees.--The amendment made by paragraph (1) to section 501(f) of the Rehabilitation Act of 1973 (29 U.S.C. 791(f)) shall be construed to apply to all employees covered by section 501 of that Act (29 U.S.C. 791). SEC. 3. APPLICATION. This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act. SEC. 4. 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 the provisions of such to any person or circumstance shall not be affected thereby. &lt;all&gt; </pre></body></html>
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118S1031
EACH Act of 2023
[ [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "sponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "W000817", ...
<p><strong>Equal Access to Abortion Coverage in Health Insurance Act of 2023 or the EACH Act of 202</strong><b>3</b></p> <p>This bill requires federal health care programs (e.g., Medicaid, Medicare, and the Children's Health Insurance Program (CHIP)) to provide coverage for abortion services and requires federal facilities to provide access to those services. Currently, coverage for such services under federal programs is generally only available in the case of rape, incest, or life endangerment.</p> <p>Additionally, the bill repeals certain provisions of the Patient Protection and Affordable Care Act that permit states to prohibit coverage of abortion services in plans offered through a health insurance exchange in the state.</p> <p>The bill also permits qualified health plans to use funds attributable to premium tax credits and reduced cost sharing assistance to pay for abortion services.</p> <p>The bill is not subject to the Religious Freedom Restoration Act of 1993, which generally prohibits the federal government from substantially burdening a person's exercise of religion even if the burden results from a generally applicable law.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1031 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1031 To ensure affordable abortion coverage and care for every person, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Duckworth (for herself, Mrs. Murray, Ms. Hirono, Mr. Merkley, Ms. Warren, Mr. Padilla, Mr. Whitehouse, Mr. Markey, Ms. Cortez Masto, Mr. Fetterman, Mrs. Feinstein, Mr. Blumenthal, Mr. Booker, Ms. Stabenow, Mr. Wyden, Ms. Klobuchar, Mr. Cardin, Mr. Brown, Mr. Sanders, Ms. Baldwin, Ms. Cantwell, Ms. Smith, Mr. Murphy, Ms. Rosen, Ms. Hassan, Mrs. Shaheen, Mr. Bennet, Mrs. Gillibrand, Mr. Van Hollen, Mr. Welch, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To ensure affordable abortion coverage and care for every person, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Abortion Coverage in Health Insurance Act of 2023'' or the ``EACH Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) All people should have access to abortion services regardless of actual or perceived race, color, ethnicity, language, ancestry, citizenship, immigration status, sex (including a sex stereotype; pregnancy, childbirth, or a related medical condition; sexual orientation or gender identity; and sex characteristics), age, disability, or sex work status or behavior. (2) A person's income level, wealth, or type of insurance should not prevent them from having access to a full range of pregnancy-related health care, including abortion services. (3) No person should have the decision to have, or not to have, an abortion made for them based on the ability or inability to afford the health care service. (4) Since 1976, the Federal Government has banned the use of Federal funds to pay for abortion services and allows for exceptions only in very narrow circumstances. This ban affects people of reproductive age in the United States who are insured through the Medicaid program, as well as individuals who receive insurance or care through other federally funded health programs and plans. (5) Women make up the majority of Medicaid enrollees (54 percent) and, in 2019, approximately 14,000,000 women of reproductive age relied on the program for care. Due to systematic barriers and discrimination, a disproportionately higher number of women of color and Lesbian, Gay, Bisexual, Transgender, or Queer (LGBTQ) individuals are enrolled in the program. (6) Women of color are more likely to be insured by the Medicaid program. Nationwide, 29 percent of Black women and 25 percent of Hispanic women aged 15 to 49 were enrolled in Medicaid in 2018, compared with 15 percent of White women. (7) In the aggregate, nearly one-fifth (19 percent) of Asian-American and Pacific-Islander women are enrolled in the Medicaid program, while enrollment rates for certain Asian ethnic subgroups are much higher (at 62 percent of Bhutanese women, 43 percent of Hmong women and 32 percent of Pakistani women). (8) Medicaid also provides coverage to more than 1 in 4 (27 percent) non-elderly American Indian and Alaska Native (AIAN) adults and half of AIAN children. (9) In a 2014 nationwide survey of LGBT people with incomes less than 400 percent Federal Poverty Level (FPL), 61 percent of all respondents had incomes in the Medicaid expansion range--up to 138 percent of the FPL--including 73 percent of African-American respondents, 67 percent of Latino respondents, and 53 percent of White respondents. Another survey found that 32 percent of Asian and Native Hawaiian/Pacific Islander transgender people were living in poverty. (10) Of women aged 15 through 44 enrolled in Medicaid in 2018, 55 percent lived in the 34 States and the District of Columbia where Medicaid does not cover abortion services except in limited circumstances. This amounted to 7,200,000 women of reproductive age, including 3,000,000 women living below the FPL. Of this population, Black, Indigenous, and other People of Color (BIPOC) women accounted for 51 percent of those enrolled. (11) The Indian Health Service (IHS) is the federally funded health program for American Indians and Alaska Natives. The IHS serves a population of approximately 2,560,000 and as a federally funded system, since 1988, it has been barred from providing abortion services except for very limited cases. American Indians and Alaska Natives often face higher levels of poverty and limited access to health care for a number of intersecting oppressions thus leaving them without recourse for the Federal ban on abortion services. (12) Moreover, 26 States also prohibit coverage of abortion services in the marketplaces and 11 prohibit coverage in private health insurance plans under the Patient Protection and Affordable Care Act (Public Law 111-148). (13) A recent report details how restrictions on abortion services coverage interfere with a person's individual decision making, with their health and well-being, with their economic security, with their vulnerability to intimate partner violence, and with their constitutionally protected right to a safe and normal health care service. (14) About 25 percent of women covered by Medicaid seeking abortion services must carry their pregnancies to term because they are unable to obtain funds for their care. Government- imposed barriers to abortion services restrict people's decisions on if, when, and how to parent, and have long-lasting and life-altering harmful effects on the pregnant person, their families and their communities. Those who seek and are denied abortion services are more likely to remain in or fall into poverty than those who access the care they need. (15) Restrictions on abortion service coverage have a disproportionately harmful impact on women with low incomes, women of color, immigrant women, LGBTQ people, and young women. Additionally, numerous State-imposed barriers make it disparately difficult for low-income people, people of color, immigrants, LGBTQ people, and young people to access the health care and resources necessary to prevent unintended pregnancy or to assure that they are able to carry healthy pregnancies to term. Furthermore, young people of reproductive age (ages 15 to 24) are more likely to have a lower income than those older than that, and this income gap is greater for young BIPOC. More than 40 percent of youth and children under age 19 and almost a quarter of young people age 19 to 25 have health insurance through government programs. Without insurance coverage for abortion services, young people are at greater risk of not having the economic means to afford care outside of insurance. Young people face disproportionate access barriers to abortion services, including parental involvement requirement (notification and consent) and cost, in addition to barriers to contraception and inadequate and incomplete sexual and sexuality education. These challenges, which are magnified for BIPOC and queer, trans, and nonbinary youth, can cause significant delays in access to needed care, and could ultimately harm the life of the young person seeking abortion services. These institutionalized barriers deny young people's right to bodily autonomy and can force young people to encounter an abusive parent or guardian, ignores trusted relationships young people may have with adults other than a parent or legal guardian, and in the case of the judicial bypass process, may force young BIPOC to interact with a legal system that has historically targeted and caused harm to communities of color. (16) These and other government-created and government- institutionalized barriers--including the restriction on funding for abortion services in Federal programs--exacerbate and create poverty and racial inequality in income, wealth- generation, and access to services. (17) Access to health care, including abortion services, promotes the general welfare of people living in the United States. Singling out abortion services for funding restrictions in health care programs otherwise designed to promote the health and well-being of people in the United States has cost pregnant people their lives, their livelihoods, their ability to obtain or maintain economic security for themselves and their families, their ability to meet their family's basic needs, their ability to continue their education without disruption, and their ability to break free of abusive relationships. (18) Like other health care and health insurance markets in the United States, abortion services and public insurance programs are commercial activities that affect interstate commerce. Providers and patients travel across State lines, and otherwise engage in interstate commerce, to provide and access abortion services. Material goods, services, and federally regulated medications used in abortion services circulate in interstate commerce. (19) Congress has the authority to enact this Act to ensure affordable coverage of abortion services pursuant to-- (A) its powers under the necessary and proper clause of section 8, article I of the Constitution of the United States; (B) its powers under the commerce clause of section 8, article I of the Constitution of the United States; (C) its powers to tax and spend for the general welfare under section 8, article I of the Constitution of the United States; and (D) its powers to enforce section 1 of the Fourteenth Amendment under section 5 of the Fourteenth Amendment to the Constitution of the United States. (20) Congress has exercised these constitutional powers to create, expand, and insure health care access for people in the United States for decades. Pursuant to this constitutional authority, Congress has enacted, and subsequently reauthorized, numerous health care programs including title XVIII of the Social Security Act (Medicare, enacted in 1965); title XIX of the Social Security Act (Medicaid, enacted in 1965); and title XXI of the Social Security Act (Children's Health Insurance Program, enacted in 1997). SEC. 3. DEFINITIONS. For purposes of this Act: (1) Abortion services.--The term ``abortion services'' means an abortion and any services related to, and provided in conjunction with, an abortion, whether or not provided at the same time or on the same day as the abortion. (2) Health program or plan.--The term ``health program or plan'' means the following health programs or plans that pay the cost of, or provide, health care: (A) The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (B) The Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397 et seq.). (C) The Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (D) A medicare supplemental policy as defined in section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1)). (E) The Indian Health Service program under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (F) Medical care and health benefits under the TRICARE program (as defined in section 1072(7) of title 10, United States Code). (G) Benefits under the uniform health benefits program for employees of the Department of Defense assigned to a nonappropriated fund instrumentality of the Department established under section 349 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1587 note). (H) Benefits for veterans under chapter 17 of title 38, United States Code. (I) Medical care for survivors and dependents of veterans under section 1781 of title 38, United States Code. (J) Medical care for individuals in the care or custody of the Department of Homeland Security pursuant to any of section 235, 236, or 241 of the Immigration and Nationality Act (8 U.S.C. 1225, 1226, 1231). (K) Medical care for individuals in the care or custody of the Department of Health and Human Services, Office of Refugee Resettlement under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). (L) Medical assistance to refugees under section 412 of the Immigration and Nationality Act (8 U.S.C. 1522). (M) Other coverage, such as a State health benefits risk pool, as the Secretary of Health and Human Services, in coordination with the Secretary of the Treasury, recognizes for purposes of section 5000A(f)(1)(E) of the Internal Revenue Code of 1986. (N) The Federal Employees Health Benefit Plan under chapter 89 of title 5, United States Code. (O) Medical care for individuals under the care or custody of the Department of Justice pursuant to chapter 301 of title 18, United States Code. (P) Medical care for Peace Corps volunteers under section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)). (Q) Other government-sponsored programs established after the date of the enactment of this Act. SEC. 4. ABORTION COVERAGE AND CARE REGARDLESS OF INCOME OR SOURCE OF INSURANCE. (a) Ensuring Abortion Coverage and Care Through the Federal Government in Its Role as an Insurer and Employer.--Each person insured by, enrolled in, or otherwise receiving medical care from health programs or plans described in section 3(2) shall receive coverage of abortion services. Health programs or plans described in section 3(2) shall provide coverage of abortion services. (b) Ensuring Abortion Coverage and Care Through the Federal Government in Its Role as a Health Care Provider.--In its role as a provider of health services, including under health programs described in section 3(2) and health services covered by health plans described in section 3(2), the Federal Government shall ensure access to abortion services for individuals who are eligible to receive medical care in its own facilities or in facilities with which it contracts to provide medical care. (c) Prohibiting Restrictions On Private Insurance Coverage Of Abortion Services.--The Federal Government shall not prohibit, restrict, or otherwise inhibit insurance coverage of abortion services by State or local government or by private health plans. SEC. 5. REPEAL OF SECTION 1303. (a) In General.--Section 1303 of the Patient Protection and Affordable Care Act (42 U.S.C. 18023) is repealed. (b) Conforming Amendments.-- (1) Basic health plans.--Section 1331(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18051(d)) is amended by striking paragraph (4). (2) Multi-state plans.--Section 1334(a) of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended-- (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Federal Government, acting in its capacity as an insurer, employer, or health care provider, should serve as a model for the Nation to ensure coverage of abortion services; and (2) restrictions on coverage of abortion services in the private insurance market must end. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to have any effect on any Federal, State, or local law that includes more protections for abortion coverage or abortion services than those set forth in this Act. SEC. 8. RELATIONSHIP TO FEDERAL LAW. This Act supersedes and applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the date of enactment of this Act and is not subject to the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.). SEC. 9. SEVERABILITY. If any portion of this Act or the application thereof to any person, entity, government, or circumstances is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. &lt;all&gt; </pre></body></html>
[ "Health", "Abortion", "Child health", "Correctional facilities and imprisonment", "Detention of persons", "Government employee pay, benefits, personnel management", "Health care costs and insurance", "Health care coverage and access", "Health programs administration and funding", "Immigrant health...
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118S1032
Air Tour and Sport Parachuting Safety Improvement Act of 2023
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1032 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1032 To reform Federal Aviation Administration safety requirements for commercial air tour operators, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schatz (for himself and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To reform Federal Aviation Administration safety requirements for commercial air tour operators, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Tour and Sport Parachuting Safety Improvement Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102 of title 49, United States Code. (3) Commercial air tour.--The term ``commercial air tour'' means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. (4) Commercial air tour operator.--The term ``commercial air tour operator'' means any person who conducts a commercial air tour. (5) Parachute operation.--The term ``parachute operation'' has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation). SEC. 3. SAFETY MANAGEMENT SYSTEM REQUIREMENTS FOR CERTAIN OPERATORS. Not later than 24 months after the date of enactment of this Act, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations. SEC. 4. OTHER SAFETY REQUIREMENTS FOR COMMERCIAL OPERATORS. (a) Safety Reforms.-- (1) Authority to conduct nonstop commercial air tours.-- (A) In general.--Subject to subparagraph (B), beginning on the date that is 3 years after the date of enactment of this Act, no person may conduct commercial air tours unless that person-- (i) holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and (ii) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations. (B) Temporary exception.--Notwithstanding the requirements of subparagraph (A), for a period of 5 years after the date described in subparagraph (A), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person-- (i) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and (ii) has not been issued such part 119 certificate or received a denial of the application submitted under clause (i). (C) Reporting required.--Beginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under subparagraph (B)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months. (D) Other terms.--The Administrator shall-- (i) revise title 14, Code of Federal Regulations, to include definitions for the terms ``aerial work'' and ``aerial photography'' that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and (ii) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions. (2) Additional safety requirements.--Not later than 3 years after the date of enactment of this Act, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to incorporate avoidance training for controlled flight into terrain and in- flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, including but not limited to-- (A) specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents; (B) pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules; (C) use of terrain awareness displays; (D) spatial disorientation risk factors and countermeasures; and (E) strategies for maintaining control, including the use of automated systems. (b) Aviation Rulemaking Committee.-- (1) In general.--The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform-- (A) establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues; (B) requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods); (C) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program; (D) establishing methods to provide effective terrain awareness and warning; and (E) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In- supported traffic advisory system that-- (i) includes both visual and aural alerts; (ii) is driven by an algorithm designed to eliminate nuisance alerts; and (iii) is operational during all flight operations. (2) Membership.--The aviation rulemaking committee shall consist of members appointed by the Administrator, including-- (A) representatives of industry, including manufacturers of aircraft and aircraft technologies; (B) representatives of aviation operator organizations; and (C) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations. (3) Duties.-- (A) In general.--The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (E) of paragraph (1). (B) Considerations.--In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider-- (i) recommendations of the National Transportation Safety Board; (ii) recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators; (iii) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST); (iv) scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends; (v) appropriate use of data for modifying behavior to prevent accidents; (vi) the need to accommodate technological advancements in flight data recording technology; (vii) data gathered from aviation safety reporting programs; (viii) appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft; (ix) the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations; (x) the need to accommodate diversity of operations and mission sets; (xi) benefits of third-party data analysis for large and small operations; (xii) accommodations necessary for small businesses; and (xiii) other issues as necessary. (4) Reports and regulations.--The Administrator shall-- (A) not later than 20 months after the date of enactment of this Act, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report based on the findings of the aviation rulemaking committee; (B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (E) of paragraph (1); and (C) not later than 3 years after the date of enactment of this Act, issue a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1). SEC. 5. EXPEDITED PROCESS FOR OBTAINING OPERATING CERTIFICATES. (a) In General.--The Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations. (b) Considerations.--In carrying out subsection (a), beginning on the date that is 18 months after the date of enactment of this Act, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with section 4(a)(1) of this Act. (c) Report Required.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing-- (1) how the procedures implemented under subsection (a) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title; (2) how considerations under subsection (b) will be incorporated into procedures implemented under subsection (a); and (3) any additional resources required to implement procedures under subsection (a). (d) Additional Reports Required.--Not later than 3 years after the date of enactment of this Act, and annually thereafter the Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) includes-- (A) data on certification approvals and denials; and (B) data on duration of key phases of the certification process; and (2) identifies certification policies in need of reform or repeal. SEC. 6. SAFETY REQUIREMENTS FOR SPORT PARACHUTE OPERATIONS. (a) Aviation Rulemaking Committee.--The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform-- (1) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address-- (A) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers' recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits; (B) initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and (C) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft; (2) the revision of guidance material contained in Advisory Circular 105-2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and (3) the revision of guidance materials issued in Order 8900.1 entitled ``Flight Standards Information Management System'', to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations. (b) Membership.--The aviation rulemaking committee shall consist of members appointed by the Administrator, including-- (1) representatives of industry, including manufacturers of aircraft and aircraft technologies; (2) representatives of parachute operator organizations; and (3) aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations. (c) Duties.-- (1) In general.--The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in paragraphs (1) through (3) of subsection (a). (2) Considerations.--In carrying out its duties under paragraph (1), the Administrator shall direct the aviation rulemaking committee to consider-- (A) findings and recommendations of the National Transportation Safety Board generally as relevant and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii; (B) recommendations of previous aviation rulemaking committees that considered similar issues; (C) recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association; (D) appropriate use of data for modifying behavior to prevent accidents; (E) data gathered from aviation safety reporting programs; (F) the need to accommodate diversity of operations and mission sets; (G) accommodations necessary for small businesses; and (H) other issues as necessary. (d) Reports and Regulations.--The Administrator shall-- (1) not later than 20 months after the date of enactment of this Act, submit a report based on the findings of the aviation rulemaking committee to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Transportation and Infrastructure of the House of Representatives; (2) not later than 12 months after the date of submission of the report under paragraph (1), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in paragraphs (1) through (3) of subsection (a); and (3) not later than 3 years after the date of enactment of this Act, issue a final rule with respect to each of the matters specified in such paragraphs of subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator, to remain available until expended, such sums as necessary to carry out this Act. &lt;all&gt; </pre></body></html>
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118S1033
Natural Hazard Resilience for Airports Act of 2023
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1033 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1033 To amend title 49, United States Code, to ensure certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schatz (for himself and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend title 49, United States Code, to ensure certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Hazard Resilience for Airports Act of 2023''. SEC. 2. ENSURING THAT CERTAIN PROJECTS RELATED TO NATURAL HAZARDS AND EMERGENCY MANAGEMENT ARE ELIGIBLE FOR FUNDING UNDER THE FEDERAL AVIATION ADMINISTRATION'S AIRPORT IMPROVEMENT PROGRAM. (a) Intermodal Planning.--Section 47101(g) of title 49, United States Code, is amended-- (1) in paragraph (1), in the second sentence, by inserting ``(including long-term resilience from the impact of natural hazards and severe weather events)'' after ``environmental''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) consider the impact of hazardous weather events on long-term operational resilience.''. (b) Definition of Airport Development.--Section 47102(3) of title 49, United States Code, is amended by adding at the end the following new subparagraphs: ``(S) improvements, supported by planning or resiliency studies, or planning for improvements, of primary runways, taxiways, and aprons necessary at an airport to increase operational resilience to prepare the airport for resuming or maintaining flight operations in the event of an earthquake, flooding, high water, sea level rise, a hurricane, a tropical storm, a cyclone, storm surge, a tidal wave, a tornado, a tsunami, wind driven water, wildfire, land instability, or a winter storm. ``(T)(i) in the case of an airport that meets each of the requirements described in clause (ii)-- ``(I) planning for disaster preparedness associated with maintaining airport operations during a natural disaster; ``(II) acquiring airport communication equipment and fixed emergency generators that are not eligible for funding under programs funded under the Department of Homeland Security; and ``(III) constructing, expanding, or improving airfield infrastructure to include aprons and terminal buildings the Secretary of Transportation determines will facilitate disaster response at the airport. ``(ii) The requirements described in this clause are the following: ``(I) The airport and the facilities and fixed-based operators on, or connected with, the airport are operated and maintained in a manner the Secretary of Transportation considers suitable for disaster relief. An airport shall not be considered as failing to meet the requirement under the preceding sentence if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs. ``(II) The airport has developed an emergency natural disaster management plan in coordination with State and local officials.''. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works" ]
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118S1034
Truck Parking Safety Improvement Act
[ [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "sponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "T000464", "Sen. Tester, Jon [D-MT]", "cosponsor" ], [ "C001096", "Sen...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1034 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1034 To amend title 23, United States Code, to establish a competitive grant program for projects for commercial motor vehicle parking, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Lummis (for herself, Mr. Kelly, Mr. Boozman, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend title 23, United States Code, to establish a competitive grant program for projects for commercial motor vehicle parking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Truck Parking Safety Improvement Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that it should be a national priority to address the shortage of parking for commercial motor vehicles on the Federal-aid highway system to improve highway safety. SEC. 3. PARKING FOR COMMERCIAL MOTOR VEHICLES. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 180. Parking for commercial motor vehicles ``(a) Definitions.--In this section: ``(1) Commercial motor vehicle.--The term `commercial motor vehicle' has the meaning given the term in section 31132 of title 49. ``(2) Safety rest area.--The term `safety rest area' has the meaning given the term in section 120(c)(1). ``(b) Grant Authority.--Subject to the availability of funds, the Secretary shall make grants, on a competitive basis, to eligible entities for projects to provide public parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers. ``(c) Eligible Entities.-- ``(1) In general.--An entity eligible to receive a grant under this section is any of the following: ``(A) A State. ``(B) A metropolitan planning organization. ``(C) A unit of local government. ``(D) A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking. ``(E) A Tribal government or a consortium of Tribal governments. ``(F) A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E). ``(2) Private sector participation.--An eligible entity that receives a grant under this section may partner with a private entity to carry out an eligible project under this section. ``(d) Eligible Projects.-- ``(1) In general.--An entity may use a grant provided under this section for a project described in paragraph (2) that is on-- ``(A) a Federal-aid highway; or ``(B) a facility with reasonable access (as described in section 658.19 of title 23, Code of Federal Regulations (or a successor regulation)) to-- ``(i) a Federal-aid highway; or ``(ii) a freight facility. ``(2) Projects described.--A project referred to in paragraph (1) is a project-- ``(A) to construct a safety rest area that includes parking for commercial motor vehicles; ``(B) to construct additional commercial motor vehicle parking capacity-- ``(i) adjacent to a private commercial truck stop or travel plaza; ``(ii) within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority; ``(iii) at an existing facility, including an inspection or weigh station and a park-and- ride location; or ``(iv) at another suitable facility, as determined by the eligible entity, in concurrence with the Secretary; ``(C) to reopen an existing weigh station, safety rest area, park-and-ride facility, or other government- owned facility, that is not in use, for commercial motor vehicle parking; ``(D) to construct or make capital improvements to an existing public commercial motor vehicle parking facility to expand parking use and availability, including at a seasonal facility; ``(E) to identify, promote, and manage the availability of publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems; ``(F) to improve the personal safety of commercial motor vehicle drivers at a parking facility as part of a project described in subparagraphs (A) through (D); or ``(G) to improve a parking facility, including through truck stop electrification systems, as part of a project described in subparagraphs (A) through (D). ``(e) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- ``(1) a description of the proposed project; and ``(2) any other information that the Secretary determines to be necessary. ``(f) Selection Criteria.--The Secretary may select a project to receive a grant under this section only if the Secretary determines that-- ``(1) there is a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located; ``(2) the eligible entity has consulted with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking regarding the project; ``(3) the project will likely-- ``(A) increase the availability or utilization of commercial motor vehicle parking; ``(B) facilitate the efficient movement of freight; or ``(C) improve highway safety, traffic congestion, and air quality; and ``(4) the eligible entity demonstrates the ability to provide for the maintenance and operation of the facility. ``(g) Additional Consideration.--To the maximum extent practicable, the Secretary shall select projects to receive grants under the program in a manner that maximizes the geographic dispersion of new commercial motor vehicle parking capacity across the United States. ``(h) Use of Funds.-- ``(1) In general.--An eligible entity may use a grant under this section for-- ``(A) development phase activities, including planning, feasibility analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities necessary to advance a project under this section; and ``(B) construction and operational improvements. ``(2) Limitations.-- ``(A) In general.--An eligible entity may use not more than 25 percent of the amount of a grant under this section for activities described in paragraph (1)(A). ``(B) Existing facilities.-- ``(i) In general.--Except as provided in clause (ii), not more than 10 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(E) that solely identify, promote, and manage the availability of existing commercial motor vehicle parking. ``(ii) Exception.--Clause (i) shall not apply to a project described in subsection (d)(2)(E) that is part of a project to expand commercial motor vehicle parking capacity. ``(3) Prohibition.-- ``(A) In general.--Amounts made available to carry out this section shall not be used for the construction, or development phase activities that would enable the construction, of charging or fueling infrastructure for the propulsion of a vehicle, including a commercial motor vehicle. ``(B) Savings provision.--Nothing in this paragraph limits the use of funds other than funds made available to carry out this section. ``(i) Requirements.-- ``(1) Publicly accessible parking.--Commercial motor vehicle parking constructed, opened, or improved with funds from a grant under this section shall be open and accessible to all commercial motor vehicle drivers. ``(2) Prohibition on charging fees.-- ``(A) In general.--No fee may be charged by an eligible entity to a commercial motor vehicle driver to gain access to parking constructed, opened, maintained, or improved with a grant under this section. ``(j) Treatment of Projects.--Notwithstanding any other provision of law, a project carried out under this section shall be treated as a project on a Federal-aid highway under this chapter. ``(k) Period of Availability of Funds.--Amounts made available for projects under this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts are made available.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``180. Parking for commercial motor vehicles.''. SEC. 4. SURVEY AND COMPARATIVE ASSESSMENT. (a) In General.--Not later than 4 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Transportation, in consultation with appropriate State motor carrier safety personnel, motor carriers, State departments of transportation, and private providers of commercial motor vehicle parking, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) evaluates the availability of adequate parking and rest facilities, taking into account both private and public facilities, for commercial motor vehicles engaged in interstate transportation; (2) evaluates the effectiveness of the projects funded under section 180 of title 23, United States Code, in improving access to commercial motor vehicle parking; (3) evaluates the ability of eligible entities that received a grant under section 180 of title 23, United States Code, to sustain the operation of parking facilities constructed with funds provided under that section; and (4) reports on the progress being made to provide adequate commercial motor vehicle parking facilities. (b) Results.--The Secretary of Transportation shall make the reports under subsection (a) available to the public on the website of the Department of Transportation. (c) Alignment of Reports.--In carrying out this section, the Secretary of Transportation shall-- (1) consider the results of the commercial motor vehicle parking facilities assessments of States under subsection (f) of section 70202 of title 49, United States Code; and (2) seek to align the contents of the reports under subsection (a) and the submission and publication of those reports with the State freight plans developed and updated under that section. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation for projects for commercial motor vehicle parking under section 180 of title 23, United States Code-- (1) $175,000,000 for fiscal year 2024; (2) $260,000,000 for fiscal year 2025; and (3) $320,000,000 for fiscal year 2026. &lt;all&gt; </pre></body></html>
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118S1035
Ending China's Unfair Advantage Act of 2023
[ [ "B001261", "Sen. Barrasso, John [R-WY]", "sponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "C001056", "Se...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1035 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1035 To prohibit funding for the Montreal Protocol on Substances that Deplete the Ozone Layer and the United Nations Framework Convention on Climate Change until China is no longer defined a developing country. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Barrasso (for himself, Mr. Sullivan, Mr. Lee, Ms. Lummis, Mr. Cornyn, Mr. Tillis, Mrs. Capito, Mr. Braun, Mr. Budd, Mr. Hoeven, Mr. Rubio, Mr. Vance, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To prohibit funding for the Montreal Protocol on Substances that Deplete the Ozone Layer and the United Nations Framework Convention on Climate Change until China is no longer defined a developing country. Be it enacted by the Senate 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 China's Unfair Advantage Act of 2023''. SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER UNTIL CHINA IS NO LONGER DEFINED AS A DEVELOPING COUNTRY. Notwithstanding any other provision of law, no Federal funds may be obligated or expended to implement the Montreal Protocol, including its protocols and amendments, or any fund established under the Protocol, until the President certifies to the appropriate congressional committees that the Parties to the Montreal Protocol have amended their Decision I/12E, ``Clarification of terms and definitions: developing countries,'' made at the First Meeting of the Parties to remove the People's Republic of China. SEC. 3. PROHIBITION ON USE OF FUNDS FOR THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE UNTIL CHINA IS INCLUDED AMONG THE COUNTRIES LISTED IN ANNEX I OF THE CONVENTION. Notwithstanding any other provision of law, no Federal funds may be obligated or expended to fund the operations and meetings of the United Nations Framework Convention on Climate Change, including it protocols or agreements, or any fund established under the Convention or its agreements, until the President certifies to the appropriate congressional committees that the Parties to the Framework Convention have included the People's Republic of China in Annex I of the Convention. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Montreal protocol.--The term ``Montreal Protocol'' means the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. (3) United nations framework convention on climate change.--The term ``United Nations Framework Convention on Climate Change'' means the United Nations Framework Convention on Climate Change, adopted in Rio de Janeiro, Brazil in June 1992. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S1036
Senior Hunger Prevention Act of 2023
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "F000479", "Sen. Fetterman, John [D-PA]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1036 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1036 To amend the Food and Nutrition Act of 2008 to streamline nutrition access for older adults and adults with disabilities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Casey (for himself, Mrs. Gillibrand, Mr. Fetterman, Mr. Blumenthal, Mr. Kelly, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Food and Nutrition Act of 2008 to streamline nutrition access for older adults and adults with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Hunger Prevention Act of 2023''. SEC. 2. IMPROVING EFFICACY OF THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Certification Period.--Section 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)) is amended in the second sentence by striking ``24'' and inserting ``36''. (b) 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 2024, $155; 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.''. (c) Value of Allotment.--Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) is amended in the proviso clause by striking ``8 percent'' and inserting ``\1/3\''. SEC. 3. STREAMLINING NUTRITION ACCESS FOR OLDER ADULTS AND ADULTS WITH DISABILITIES. (a) Definition of Elderly and Disabled.--Section 3(j)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(j)(2)(B)) is amended by inserting ``(which includes medical assistance provided to an individual described in section 1902(e)(14)(D)(i)(III) of the Social Security Act (42 U.S.C. 1396a(e)(14)(D)(i)(III)))'' after ``(42 U.S.C. 1396 et seq.)''. (b) Elderly Simplified Application Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: ``SEC. 31. ELDERLY SIMPLIFIED APPLICATION PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish a program, to be known as the `elderly simplified application program' (referred to in this section as `ESAP'), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application and certification process for households in which all adult members-- ``(1) are elderly or disabled members; and ``(2) have no earned income. ``(b) Certification Period.--The certification period for participants in ESAP shall be 36 months. ``(c) Income and Other Data Verification.-- ``(1) In general.--A State agency determining the eligibility for an applicant household under ESAP shall, notwithstanding section 11(e)(3)-- ``(A) to the maximum extent practicable, use data matching for income verification and household size; and ``(B)(i) allow self-declaration by the applicant of the information required under section 273.2(f) of title 7, Code of Federal Regulations (or successor regulations); but ``(ii) verify, prior to certification of the household, factors of eligibility provided by the applicant that the State agency determines are questionable. ``(2) Accountability and fraud prevention.--In carrying out paragraph (1), a State agency shall establish accountability and fraud protection measures to deter fraud and ensure the integrity of ESAP and the supplemental nutrition assistance program. ``(d) Interviews.--Notwithstanding section 11(e)(6)(A), for recertification of a household under ESAP, the State agency shall not require an interview unless requested by the household, which may be conducted virtually. ``(e) Guidance.--Prior to the establishment of ESAP under subsection (a), the Administrator of the Food and Nutrition Service shall develop guidance for States, including by consulting with States, to carry out ESAP, which shall include-- ``(1) general implementation guidelines; ``(2) reporting requirements; ``(3) quality control requirements; and ``(4) best practices.''. (c) Combined Application Program.--The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by subsection (b)) is amended by adding at the end the following: ``SEC. 32. COMBINED APPLICATION PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary, in coordination with the Commissioner of Social Security, shall establish a program, to be known as the `combined application program' (referred to in this section as `CAP'), under which a State, in carrying out the supplemental nutrition assistance program, may elect to implement a streamlined application process for households in which all adult members are applicants for or recipients of benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability or supplemental security income under title XVI of that Act (42 U.S.C. 1381 et seq.). ``(b) Purposes.--The purposes of CAP are-- ``(1) to reduce the need for households described in subsection (a) to have in-person interviews with State offices administering the supplemental nutrition assistance program; and ``(2) to increase participation in the supplemental nutrition assistance program by simplifying the application process for that program through increased automation and simplified calculation of benefits. ``(c) CAP Models.--The Secretary, in coordination with the Commissioner of the Social Security Administration, shall offer, at a minimum, each of the following models for States to implement CAP: ``(1) Standard model.-- ``(A) In general.--Under the standard model, the Commissioner of the Social Security Administration and the State agency administering the supplemental nutrition assistance program shall coordinate-- ``(i) to develop a simplified joint application process for the supplemental nutrition assistance program that uses standardized benefit amounts or standardized shelter expenses, in accordance with this paragraph; and ``(ii) to conduct outreach to adult members receiving supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) that are not receiving benefits under the supplemental nutrition assistance program. ``(B) Standardized benefit amounts.-- ``(i) In general.--Under the standardized model described in subparagraph (A), applicants shall receive a standardized or automated benefit level under the supplemental nutrition assistance program based on their shelter expenses and other income. ``(ii) Minimum standardized benefit levels.--At a minimum, there shall be 2 standardized benefit levels under clause (i), including, as determined by the State-- ``(I) a level for participants with low shelter expenses; and ``(II) a level for participants with high shelter expenses. ``(iii) Comparable amount.--A State shall ensure that the amount provided under a standardized benefit level under clause (i) is comparable to an amount that a participant would otherwise receive under the supplemental nutrition assistance program. ``(iv) Referral.--A State shall refer a household described in subsection (a) to the supplemental nutrition assistance program instead of enrolling that household in CAP if the standardized amount that the household would receive under CAP would be significantly less than the amount of benefits that the household would receive under the supplemental nutrition assistance program. ``(C) Standardized shelter expenses.--In computing an excess shelter expense deduction under section 5(e)(6), a State agency may use a standard utility allowance in accordance with regulations promulgated by the Secretary. ``(2) Modified model.--Under the modified model, a State agency administering the supplemental nutrition assistance program shall-- ``(A) conduct outreach to prospective participants in the supplemental nutrition assistance program using information from the Social Security Administration to identify households described in subsection (a) that are not participants in the supplemental nutrition assistance program; and ``(B) send to those households simplified application forms for the supplemental nutrition assistance program.''. SEC. 4. ENROLLMENT AND OUTREACH PILOT PROGRAM FOR OLDER ADULTS, KINSHIP FAMILIES, AND ADULTS WITH DISABILITIES. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by section 3(c)) is amended by adding at the end the following: ``SEC. 33. ENROLLMENT AND OUTREACH PILOT PROGRAM FOR OLDER ADULTS, KINSHIP FAMILIES, AND ADULTS WITH DISABILITIES. ``(a) Definitions.--In this section: ``(1) Disability.--The term `disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State or local government agency; ``(B) an Indian tribe or tribal organization; ``(C) a nonprofit organization, including a public or nonprofit provider of services; ``(D) a community-based organization; and ``(E) an educational provider. ``(3) Kinship family.--The term `kinship family' means a family in which a child resides with and is being raised by a grandparent, another extended family member, or an adult with whom the child has a close family-like relationship, such as a godparent or a close family friend. ``(4) Older adult.--The term `older adult' has the meaning given the term `older individual' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(5) Pilot program.--The term `pilot program' means the pilot program established under subsection (b). ``(b) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program, to be known as the `Enrollment and Outreach Pilot Program for Older Adults, Kinship Families, and Adults with Disabilities', under which the Secretary shall award grants to eligible entities-- ``(1) to raise awareness among older adults, kinship families, and adults with disabilities of the availability, eligibility requirements, application procedures, and benefits of the supplemental nutrition assistance program; and ``(2) to support older adults, kinship families, and adults with disabilities in enrolling in that program. ``(c) Priority.--In awarding grants under the pilot program, the Secretary shall give priority to-- ``(1) eligible entities that-- ``(A) provide services to older adults or adults with disabilities; ``(B) provide services to kinship families, including kinship navigator programs; ``(C) have experience implementing programs that receive funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); ``(D) have experience implementing programs administered by the Food and Nutrition Service; or ``(E) receive, plan to receive, or demonstrate an ability to partner with a program that receives funding under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or nutrition programs administered by the Secretary; and ``(2) projects that will-- ``(A) serve communities with high rates of food insecurity, malnutrition, or low food access; ``(B) serve rural communities, indigenous communities, or communities of color; ``(C) serve members of the lesbian, gay, bisexual, transgender, and queer community; ``(D) serve adults with limited English proficiency; ``(E) serve veterans; ``(F) serve residents in federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; ``(G) serve residents living in housing serving kinship families; and ``(H) incorporate nutrition education activities that promote healthy eating and active lifestyles. ``(d) Eligible Activities.--An eligible entity receiving a grant under the pilot program shall use the grant to carry out 1 or more of the following activities: ``(1) Application assistance, including-- ``(A) eligibility prescreening; ``(B) assistance completing an application for the supplemental nutrition assistance program; ``(C) assistance obtaining application verification documents; ``(D) medical expense deduction counseling; and ``(E) translation of materials and bilingual accommodation. ``(2) Tailored information dissemination about the supplemental nutrition assistance program, including through-- ``(A) community-based outreach workshops and events; ``(B) a toll-free hotline to provide information about Federal, State, and local food resources; ``(C) informational websites and other social media sites; and ``(D) printed or digital informational content. ``(3) Transportation, including-- ``(A) transportation to or from a local office of the supplemental nutrition assistance program; and ``(B) administration of vouchers or similar items for the transportation described in subparagraph (A). ``(4) Identification, implementation, analysis, and dissemination of replicable and scalable models for increasing enrollment in the supplemental nutrition assistance program among older adults, kinship families, and adults with disabilities. ``(e) Grants.-- ``(1) Maximum amount.--A grant awarded under the pilot program to an eligible entity for a fiscal year shall be not less than $50,000, but not more than $250,000. ``(2) Duration.--An eligible entity may be awarded a grant under the pilot program for not more than 5 years. ``(f) Evaluation.--Not later than 2 years after the date of establishment of the pilot program, the Secretary shall conduct an evaluation of the pilot program. ``(g) Funding.-- ``(1) In general.--In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $12,250,000, to remain available until expended, to carry out the pilot program, of which not more than $250,000 shall be used to carry out the evaluation under subsection (f). ``(2) Administrative costs.--Of the amounts made available under paragraph (1) (excluding the amount made available to carry out subsection (f)), not more than 3 percent may be used by the Secretary for administrative costs.''. SEC. 5. FOOD DELIVERY UNDER SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) (as amended by section 4) is amended by adding at the end the following: ``SEC. 34. FOOD DELIVERY. ``(a) Definitions.--In this section: ``(1) Covered retail food store.--The term `covered retail food store' means a retail food store, a public or private nonprofit meal delivery service, or a public or nonprofit meal delivery provider participating in the supplemental nutrition assistance program that is unable to cover the cost of food delivery for participants of that program. ``(2) Employee.--The term `employee' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ``(b) Program Modifications.-- ``(1) In general.--In carrying out the supplemental nutrition assistance program, the Secretary shall-- ``(A) notify retail food stores participating in the supplemental nutrition assistance program of existing opportunities through which the retail food stores can deliver food to program participants, including by-- ``(i) allowing an EBT card to be swiped on delivery of food to the home (with a mobile device); and ``(ii) preparing food for pick-up; ``(B) authorize public-private partnerships between the Department of Agriculture, retail food stores participating in the supplemental nutrition assistance program, and community-based organizations to provide free or low-cost food delivery, including through the use of private funds; ``(C) in the case of a covered retail food store, use funds made available under subparagraph (E) of paragraph (3) to provide, in accordance with that paragraph, free grocery delivery for program participants who are older adults or adults with disabilities who are unable to shop for food or lack safe and accessible transportation options to the covered retail food store; and ``(D) require each State to submit to the Secretary a State plan that describes how the State will-- ``(i) work with retail food stores participating in the supplemental nutrition assistance program and other community-based partners to establish a process for food delivery for program participants; ``(ii) administer the reimbursements described in paragraph (3), including timing, eligibility, and distribution processes; and ``(iii) ensure that retail food stores participating in the supplemental nutrition assistance program that are reimbursed for delivery costs under paragraph (3) adhere to the requirements described in subparagraph (B) of that paragraph. ``(2) State plans.--Not later than 10 days after the date on which the Secretary receives a State plan under paragraph (1)(D), the Secretary shall-- ``(A) approve or deny the State plan; and ``(B) make publicly available on the website of the Department of Agriculture-- ``(i) the State plan; ``(ii) the determination made under subparagraph (A) with respect to that plan; and ``(iii) any guidance issued to the State with respect to that plan. ``(3) Reimbursement of retail food stores.-- ``(A) In general.--Notwithstanding any other provision of law (including regulations, including sections 274.7(f) and 278.2(b) of title 7, Code of Federal Regulations (or successor regulations)), subject to the availability of funds, a State agency shall reimburse a covered retail food store for the cost of food delivery to program participants described in paragraph (1)(C) if-- ``(i) the covered retail food store meets the requirements under subparagraph (B); and ``(ii) the majority of the number of food items delivered by the covered retail food store are eligible for redemption using benefits under the program, regardless of whether the delivery includes nonfood items, subject to the condition that those nonfood items are of de minimis value. ``(B) Requirements.--A covered retail food store may receive reimbursement for the cost of food delivery to program participants described in paragraph (1)(C) if the following requirements are met: ``(i) Food delivery is performed by employees of the covered retail food store or employees of an entity contracted by the covered retail food store to perform deliveries. ``(ii) Before any employee described in clause (i) begins making food deliveries, that employee receives employer-provided health and safety training that reflects the most recent guidelines of the Centers for Disease Control and Prevention. ``(iii) All employees described in clause (i) performing deliveries are paid at a rate that is not less than the greater of-- ``(I) the minimum wage rate established under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); and ``(II) the minimum wage rate established by the applicable State or locality in which the employee works. ``(iv) The covered retail food store meets the size standard determined by the Small Business Administration for a supermarket or other grocery retailer or a convenience retailer under section 121.201 of title 13, Code of Federal Regulations (or successor regulations); ``(v) The covered retail food store does not-- ``(I) charge the supplemental nutrition assistance program participant for delivery costs that the covered retail food store will be reimbursed for; ``(II) require minimum purchase thresholds in order to provide free delivery; ``(III) restrict delivery times to least favorable windows for supplemental nutrition assistance program participants; or ``(IV) charge surge pricing. ``(C) Reimbursable costs.--Reimbursable costs under subparagraph (A) include costs associated with purchasing point-of-sale devices or receiving technical assistance relating to point-of-sale devices. ``(D) Maximum reimbursement per delivery.--The maximum amount of reimbursement under subparagraph (A) for a food delivery fee shall be $10 per delivery, which may be adjusted by the Secretary for inflation. ``(E) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $500,000,000 for fiscal year 2024, and each fiscal year thereafter, to remain available until expended, to cover the cost of food delivery described in paragraph (1)(C), to be distributed among the States to fund reimbursements by States under subparagraph (A). ``(4) Report.--Not later than April 30, 2025, and April 30 of each year thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes, for the period covered by the report, as applicable-- ``(A) the number of program participants using food delivery services, including the percentage of those participants that are older adults and adults with disabilities; ``(B) the authorized program retailers that were reimbursed under paragraph (3) and each reimbursement amount; ``(C) any complications or difficulties experienced by States in administering reimbursements under paragraph (3); and ``(D) recommendations or best practices to assist States in implementing food delivery programs.''. SEC. 6. COMMODITY SUPPLEMENTAL FOOD PROGRAM. (a) Funds.--Section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended-- (1) in subsection (a), in the first sentence, by striking ``2023'' and inserting ``2028''; and (2) by adding at the end the following: ``(d) Funds.--In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, to carry out the program under this section $10,000,000 for each of fiscal years 2024 through 2028.''. (b) Adults With Disabilities.--Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended-- (1) by striking ``2023'' each place it appears and inserting ``2028''; and (2) in subsection (g)-- (A) in paragraph (1), by striking ``to low-income persons aged 60 and older.'' and inserting the following: ``to-- ``(A) low-income persons aged 60 and older; and ``(B) low-income adults with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Income eligibility.--For purposes of paragraph (1), a low-income individual described in subparagraph (A) or (B) of that paragraph shall have a gross income level that is less than 185 percent of the Federal poverty line.''; and (D) in paragraph (3)(B) (as so redesignated), in the matter preceding clause (i), by striking ``of--'' and all that follows through the period at the end of clause (ii) and inserting ``of 36 months.''; and (3) in subsection (i), in the matter preceding paragraph (1)-- (A) by inserting ``or low-income adults with disabilities described in subsection (g)(1)(B)'' after ``elderly persons''; and (B) by striking ``to each elderly participant in or applicant for the commodity supplemental food program for the elderly'' and inserting ``to each participant in or applicant for such a program''. SEC. 7. SENIORS FARMERS' MARKET NUTRITION PROGRAM. (a) In General.--Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007) is amended-- (1) in subsection (a)-- (A) by striking ``Of the funds'' and inserting the following: ``(1) Mandatory funding.--Of the funds''; (B) in paragraph (1) (as so designated), by inserting ``(referred to in this section as the `Secretary')'' after ``Agriculture''; and (C) by adding at the end the following: ``(2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out and expand the seniors farmers' market nutrition program-- ``(A) not less than $60,000,000 for fiscal year 2024; ``(B) not less than $70,000,000 for fiscal year 2025; and ``(C) not less than $100,000,000 for each of fiscal years 2026 through 2028.''; (2) in subsection (b)(1), by inserting ``and adults with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102))'' before the semicolon at the end; (3) by redesignating subsections (c) through (f) as subsections (f) through (i), respectively; and (4) by inserting after subsection (b) the following: ``(c) Benefit Amounts.--Under the seniors farmers' market nutrition program-- ``(1) the minimum individual benefit shall be $35; and ``(2) the maximum individual benefit shall be $80. ``(d) Certification Period.--The certification period for participants in the seniors farmers' market nutrition program shall be 36 months. ``(e) Modernization Grants.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a grant program under which the Secretary shall award grants to State agencies, including Tribal organizations (as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)) and territories, that administer the senior farmers' market nutrition program to modernize program operations, including-- ``(A) by transitioning from paper-based coupons to an electronic transaction technology, such as a web- based service or installable software; and ``(B) by increasing benefit utilization at farmers' markets. ``(2) Grant amount.-- ``(A) In general.--The amount of a grant awarded under paragraph (1) shall not exceed $350,000. ``(B) Supplies.--In the case of an entity that receives a grant under paragraph (1) and uses the grant for purposes described in subparagraph (F) of paragraph (3), not more than $25,000 may be used to carry out that subparagraph. ``(3) Eligible expenses.--An entity receiving a grant under paragraph (1) may use the grant for-- ``(A) costs associated with procurement of electronic transaction technology; ``(B) planning costs, including personnel costs, relating to electronic transaction technology procurement and implementation; ``(C) costs associated with evaluating the impact of transitioning from coupon-based operations to an electronic transaction technology; ``(D) training, outreach, and promotional material costs, including the costs associated with translating materials; ``(E) maintenance and operations of the electronic transaction technology procured using the grant during the period of performance of the grant; ``(F) the purchase of supplies needed to perform electronic transactions onsite; and ``(G) additional costs associated with modernizing program operations, as determined appropriate by the Secretary. ``(4) Reports.--Each entity that receives a grant under paragraph (1) shall submit to the Secretary and the Administrator of the Food and Nutrition Service quarterly performance progress reports on the use of the grant. ``(5) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $15,000,000 for fiscal year 2024 and each fiscal year thereafter.''. (b) Income Guidelines.--The Secretary shall revise section 249.6(a)(3) of title 7, Code of Federal Regulations (or successor regulations), so that income eligibility is at or below 200 percent of the poverty income guidelines. SEC. 8. INFRASTRUCTURE FUNDING FOR FARMERS' MARKETS; LOCAL PROCUREMENT PILOT PROGRAM. The Farm Security and Rural Investment Act of 2002 is amended by inserting after section 4402 (7 U.S.C. 3007) the following: ``SEC. 4403. INFRASTRUCTURE FUNDING FOR FARMERS' MARKETS; LOCAL PROCUREMENT PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Disability.--The term `disability' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(2) Financial assistance.--The term `financial assistance' means-- ``(A) a loan; ``(B) a loan guarantee; and ``(C) a grant. ``(3) Older adult.--The term `older adult' has the meaning given the term `older individual' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). ``(4) Program.--The term `program' means the program established under subsection (b). ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Infrastructure Funding for Farmers' Markets.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means an entity that-- ``(A) is-- ``(i) an agricultural cooperative or other agricultural business entity or a producer network or association, including a community supported agriculture network or association; ``(ii) a local or Tribal government; ``(iii) a nonprofit corporation; ``(iv) a public benefit corporation; ``(v) an economic development corporation; ``(vi) a regional farmers' market authority; ``(vii) a food council; or ``(viii) any other entity as determined by the Secretary; and ``(B) can demonstrate financial need, as determined by the Secretary. ``(2) Establishment.--Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a program under which the Secretary shall provide financial assistance to eligible entities for-- ``(A) the establishment of new farmers' markets; ``(B) the improvement or rehabilitation of existing farmers' markets, including by adding or improving payment technologies used in those farmers' markets; and ``(C) the expansion of community supported agriculture to serve older adults and adults with disabilities. ``(3) Requirements.--An eligible entity that receives financial assistance under the program shall be required-- ``(A) to host farmers' markets or related activities at locations accessible-- ``(i) by public transportation; ``(ii) by paratransit; or ``(iii) through transportation services provided under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and ``(B) to reserve not less than 50 percent of the floor area of an applicable farmers' market for the sale of products that are produced locally, as determined by the Secretary, by-- ``(i) farmers, ranchers, or aquaculture, mariculture, or fisheries operators; or ``(ii) associations of farmers, ranchers, or aquaculture, mariculture, or fisheries operators. ``(4) Cost sharing.--The non-Federal share of a grant provided under the program shall be 20 percent of the amount of the grant, which may comprise transportation costs, volunteer contributions, and in-kind staffing. ``(5) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $50,000,000 for each of fiscal years 2024 through 2028. ``(c) Local Procurement Pilot Program.-- ``(1) Definitions.--In this subsection: ``(A) Agricultural producer.--The term `agricultural producer' includes-- ``(i) an agricultural cooperative; ``(ii) a person engaged in farming, ranching, or aquaculture; ``(iii) a person engaged in the packing of a food product; and ``(iv) a person engaged in the minimal processing of a food product, as determined by the Secretary. ``(B) Eligible entity.--The term `eligible entity' means an entity that-- ``(i)(I) coordinates enrollment in and distribution of benefits under the seniors farmers' market nutrition program; or ``(II) demonstrates an ability to partner with an entity that coordinates enrollment in and distribution of benefits under the seniors farmers' market nutrition program; and ``(ii) is-- ``(I) a public or nonprofit provider of nutrition services or support to older adults or adults with disabilities, including-- ``(aa) an Aging and Disability Resource Center (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); ``(bb) an area agency on aging (as defined in that section); ``(cc) a State health insurance program; ``(dd) a State unit on aging; ``(ee) a center for independent living; ``(ff) a community health center; ``(gg) a multipurpose senior center; and ``(hh) federally subsidized housing, including federally subsidized housing units for older adults and adults with disabilities; and ``(II) a local, State, or national parks and recreation department. ``(2) Establishment.--Not later than 180 days after the date of enactment of the Senior Hunger Prevention Act of 2023, the Secretary shall establish a pilot program under which the Secretary shall award grants to eligible entities to contract with agricultural producers that will grow produce to support the local procurement and contracting of produce for eligible entities. ``(3) Priority.--In awarding grants under paragraph (2), the Secretary shall give priority to an eligible entity that will use the grant funds to benefit underserved communities, including communities that are located in areas of concentrated poverty with limited access to fresh locally or regionally grown food. ``(4) Methods.--Under a contract described in paragraph (2), an agricultural producer may grow produce through traditional or controlled environmental agriculture farming. ``(5) Evaluation.--Not later than 2 years after the date of establishment of the pilot program under paragraph (2), the Secretary shall conduct an evaluation of the pilot program. ``(6) Funding.-- ``(A) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $350,000 for each of fiscal years 2024 through 2028. ``(B) Administrative costs.--Of the amounts made available under subparagraph (A) for a fiscal year, not more than 5 percent may be used for administrative costs. ``(C) Evaluation.--In addition to amounts made available under subparagraph (A), there is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000 to carry out paragraph (5).''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1037
Department of Veterans Affairs EHRM Standardization and Accountability Act
[ [ "M000934", "Sen. Moran, Jerry [R-KS]", "sponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "T000476", "Sen. T...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1037 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1037 To prohibit the Secretary of Veterans Affairs from carrying out certain activities under the Electronic Health Record Modernization Program until certification of system stability improvements. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Moran (for himself, Mr. Boozman, Mr. Cassidy, Mr. Rounds, Mr. Tillis, Mrs. Blackburn, Mr. Cramer, Mr. Tuberville, Mr. Risch, Mr. Crapo, Mr. Daines, Mr. Braun, and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To prohibit the Secretary of Veterans Affairs from carrying out certain activities under the Electronic Health Record Modernization Program until certification of system stability improvements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs EHRM Standardization and Accountability Act''. SEC. 2. PROHIBITION ON CERTAIN ACTIVITIES BY SECRETARY OF VETERANS AFFAIRS UNDER ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM UNTIL CERTIFICATION OF SYSTEM STABILITY IMPROVEMENTS. (a) Certification of Improvement.-- (1) Prohibition.--The Secretary of Veterans Affairs may not commence a program activity at a facility of the Veterans Health Administration where no program activity has commenced as of the date of the enactment of this Act until the date on which the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a written certification that the electronic health record system has met the improvement objective described in paragraph (2). (2) Improvement objective.--The improvement objective described in this paragraph is-- (A) the achievement of a minimum uptime and system- wide stability standard for the electronic health record system, as defined by the Secretary in consultation with the Under Secretary for Health, the Assistant Secretary for Information and Technology, and the Chief Information Officer of the Department of Veterans Affairs; and (B) the submittal by the Secretary to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives of a report detailing the completion status of corrections to the customization and configuration of workflow designs related to the electronic health record system. (b) Certification of Readiness.-- (1) In general.--The Secretary may not implement the electronic health record system at a facility of the Veterans Health Administration where such system has not been implemented as of the date of the enactment of this Act until the date on which the Under Secretary for Health, in consultation with the director of such facility, submits to the Secretary, and the Secretary transmits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives, written certification that the staff and infrastructure of such facility are adequately prepared to receive such system. (2) Sunset.--This subsection shall terminate on the date on which the Secretary has made the certification under paragraph (1) at not less than one facility of the Veterans Health Administration for each of the complexity levels of 1, 2, and 3. (c) Exclusion.--This section does not apply to any facility that is jointly operated by the Department of Veterans Affairs and the Department of Defense. (d) Report.-- (1) Initial report.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that contains the following: (A) A comprehensive review of the systems and networks of the Department of Defense within the Federal electronic health record environment, including the Defense Enrollment Eligibility Reporting System, and the potential impacts of such systems and networks on the electronic health record system. (B) With respect to certifications of the readiness of a facility to receive the electronic health record system under subsection (b)-- (i) the single, standard pre-deployment site readiness task list through which the Secretary will determine such readiness; (ii) a determination by the Secretary of-- (I) how the Secretary will align staff of the facility to the electronic health record system functionality; and (II) the minimum percentage requirement of staff at the facility who will complete training on such functionality or who will have their primary role to be working with such system to achieve such readiness. (C) The national standard for workflows, system interfaces, medical devices, clinical content, order sets, and user roles as delineated by the clinical complexity index of the Department of Veterans Affairs for-- (i) facilities at complexity levels of 2 or 3; and (ii) facilities at complexity levels of 1. (2) Quarterly report.--Not less frequently than quarterly following the initial report required under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a detailed report on-- (A) any site level deviations from the national standard specified under paragraph (1)(C) and costs associated with such deviations; and (B) any changes to standard readiness task list specified under paragraph (1)(B)(i). (e) Definitions.--In this section: (1) Electronic health record system.--The term ``electronic health record system'' means the electronic health record system implemented pursuant to the Electronic Health Record Modernization Program. (2) Program activity.--The term ``program activity'' means an activity under the Electronic Health Record Modernization Program at a facility of the Veterans Health Administration, including any site assessment (including State reviews), local or national workshop, training, testing, or any other activity conducted before the activation of the electronic health record system. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S1038
Drug Price Transparency in Medicaid Act of 2023
[ [ "W000800", "Sen. Welch, Peter [D-VT]", "sponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ] ]
<p><b>Drug Price Transparency in Medicaid Act of </b><b>2023</b></p> <p>This bill requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with pharmacy benefit managers under Medicaid. The bill also extends funding for retail pharmacy surveys and requires additional information with respect to price concessions and survey participation to be made publicly available.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1038 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1038 To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Welch (for himself and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to improve transparency and prevent the use of abusive spread pricing and related practices in the Medicaid program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Price Transparency in Medicaid Act of 2023''. SEC. 2. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. (a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity or the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy or provider that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM (as applicable) for the ingredient cost of a covered outpatient drug dispensed by providers and pharmacies referenced in clauses (i) or (ii) of section 447.518(a)(1) of title 42, Code of Federal Regulations (or any successor regulation) shall be the same as the payment amount for the ingredient cost when dispensed by providers and pharmacies not referenced in such clauses, and in no case shall payment for the ingredient cost of a covered outpatient drug be based on the actual acquisition cost of a drug dispensed by providers and pharmacies referenced in such clauses or take into account a drug's status as a drug purchased at a discounted price by a provider or pharmacy referenced in such clauses; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title.''. (2) Conforming amendment.--Section 1903(m)(2)(A)(xiii) of such Act (42 U.S.C. 1396b(m)(2)(A)(xiii)) is amended-- (A) by striking ``and (III)'' and inserting ``(III)''; (B) by inserting before the period at the end the following: ``, and (IV) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''; and (C) by moving the left margin 2 ems to the left. (3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Ensuring Accurate Payments to Pharmacies Under Medicaid.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)) is amended-- (A) by striking ``and'' after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through ``(1)'' and inserting the following: ``(1) Determining pharmacy actual acquisition costs.--The Secretary shall conduct a survey of retail community pharmacy drug prices to determine the national average drug acquisition cost as follows: ``(A) Use of vendor.--The Secretary may contract services for-- ``(i) with respect to retail community pharmacies, the determination of retail survey prices of the national average drug acquisition cost for covered outpatient drugs based on a monthly survey of such pharmacies; and''; (B) by adding at the end of paragraph (1) the following: ``(F) Survey reporting.--In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. ``(G) Survey information.--Information on national drug acquisition prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Information on price concessions to the pharmacy, including discounts, rebates, and other price concessions, to the extent that such information is available during the survey period. ``(H) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs and specialty pharmacies, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), to what extent acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey or through another process, examples of specialty drug dispensing fees to support the services associated with dispensing specialty drugs, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined.''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2025 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Health", "Business records", "Congressional oversight", "Government information and archives", "Health care costs and insurance", "Home and outpatient care", "Inflation and prices", "Medicaid", "Prescription drugs", "Public contracts and procurement", "Retail and wholesale trades", "State and...
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118S1039
National Flood Insurance Program Consultant Accountability Act of 2023
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1039 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1039 To authorize the Administrator of the Federal Emergency Management Agency to terminate certain contracts on the basis of detrimental conduct to the National Flood Insurance Program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy (for himself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To authorize the Administrator of the Federal Emergency Management Agency to terminate certain contracts on the basis of detrimental conduct to the National Flood Insurance 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 ``National Flood Insurance Program Consultant Accountability Act of 2023''. SEC. 2. TERMINATION OF CERTAIN CONTRACTS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM. (a) In General.--Part C of chapter II of the National Flood Insurance Act of 1968 (42 U.S.C. 4081 et seq.) is amended by adding at the end the following: ``SEC. 1349. TERMINATION OF CONTRACTS. ``(a) Definitions.--In this section-- ``(1) the term `covered entity' means any attorney, law firm, consultant, or third-party company that provides services to a Write Your Own company; and ``(2) the term `Write Your Own company' means a company participating in the cooperative undertaking between the insurance industry and the Federal Insurance and Mitigation Administration that allows participating property and casualty insurance companies to write and service standard flood insurance policies. ``(b) Termination.-- ``(1) In general.--Notwithstanding any other provision of law, the Administrator may terminate a contract or other agreement between a covered entity and a Write Your Own company if the Administrator-- ``(A) determines that the covered entity has engaged in conduct that is detrimental to the flood insurance program authorized under chapter I; and ``(B) not later than 14 days before terminating the contract or other agreement, provides notice to the covered entity of the termination. ``(2) Appeal.--The Administrator shall establish a process for a covered entity to appeal a termination of a contract or other agreement under paragraph (1). ``(3) Early termination payouts.--The Administrator or a Write Your Own company is not required to make any early termination payout to a covered entity with respect to a contract or agreement with the Write Your Own company that the Administrator terminates under paragraph (1).''. (b) Effective Date; Applicability.--The amendment made by subsection (a) shall-- (1) take effect on the date of enactment of this Act; and (2) apply to any contract or other agreement between a covered entity and a Write Your Own company (as those terms are defined in section 1349(a) of the National Flood Insurance Act of 1968, as added by subsection (a)) entered into on or after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
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118S104
Defending Domestic Produce Production Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<p><b>Defending Domestic Produce Production Act of 2023</b></p> <p>This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties.</p> <p><em>A core seasonal industry</em> means the producers (1) of a domestic like product that is a raw agricultural product, (2) whose collective output constitutes a majority of the total production in any state or group of states that accounts for a major portion of the total production during a discrete season or cyclical period of time, and (3) that make substantially all of their sales during that season or time period.</p> <p>The bill also provides that this process shall apply with respect to goods from Canada and Mexico.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 104 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 104 To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending Domestic Produce Production Act of 2023''. SEC. 2. DEFINITIONS. (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: ``(37) Core seasonal industry.--The term `core seasonal industry' means the producers-- ``(A) of a domestic like product that is a raw agricultural product, ``(B) whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and ``(C) that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).''. (b) Industry.--Section 771(4)(A) of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is amended-- (1) by striking ```industry' means the producers'' and inserting the following: ```industry' means-- ``(i) the producers''; (2) by striking the end period and inserting ``, or''; and (3) by adding at the end the following: ``(ii) a core seasonal industry.''. (c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended-- (1) by striking ``association a majority'' and inserting the following: ``association-- ``(i) except as provided in clause (ii), a majority''; (2) by inserting ``or'' after ``States,''; and (3) by adding at the end the following: ``(ii) in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,''. SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. (a) Determination of Industry Support.--Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL INDUSTRIES. (a) Determination of Industry Support.--Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right; (B) in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking ``behalf of the industry, if--'' and inserting the following: ``behalf of-- ``(i) an industry (other than a core seasonal industry), if--''; (C) in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting ``, or''; and (D) by adding at the end the following: ``(ii) a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.''; (2) in subparagraph (B)(i), by inserting ``(during the season or cyclical period of time specified in the petition, if applicable)'' after ``their interests as domestic producers''; and (3) in subparagraph (D), in the matter preceding clause (i), by striking ``support'' and all that follows through ``domestic like product'' and inserting ``industry support in accordance with subparagraph (A)''. (b) Suspension of Investigations for Extraordinary Circumstances.-- Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 771(4)(A)(i))'' after ``domestic industry''. (c) Effect of Final Determinations.--Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking ``, and'' and inserting a comma; and (3) by inserting after subparagraph (B) the following: ``(C) in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and''. SEC. 5. APPLICATION TO CANADA AND MEXICO. Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588), the amendments made by this Act apply with respect to goods from Canada and Mexico. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Agricultural trade", "Canada", "Competitiveness, trade promotion, trade deficits", "Government studies and investigations", "Latin America", "Mexico", "Tariffs" ]
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118S1040
A bill to amend title 38, United States Code, to prohibit smoking on the premises of any facility of the Veterans Health Administration, and for other purposes.
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "C000174", "Sen. Carper, Thomas R. [D-DE]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "H0010...
<p>This bill prohibits smoking on the premises of any Veterans Health Administration facility. The bill defines smoking as the use of cigarettes, cigars, and pipes (i.e., the heating or combustion of tobacco), as well as the use of any electronic nicotine delivery system.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1040 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1040 To amend title 38, United States Code, to prohibit smoking on the premises of any facility of the Veterans Health Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Durbin (for himself, Ms. Collins, Mr. Carper, Mr. Brown, Ms. Hirono, Mr. Wyden, Mrs. Murray, Mr. Reed, Mr. Booker, Mr. Blumenthal, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to prohibit smoking on the premises of any facility of the Veterans Health Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE VETERANS HEALTH ADMINISTRATION. (a) Prohibition.-- (1) In general.--Section 1715 of title 38, United States Code, is amended to read as follows: ``Sec. 1715. Prohibition on smoking in facilities of the Veterans Health Administration ``(a) Prohibition.--No person (including any veteran, patient, resident, employee of the Department, contractor, or visitor) may smoke on the premises of any facility of the Veterans Health Administration. ``(b) Definitions.--In this section: ``(1) The term `facility of the Veterans Health Administration' means any land or building (including any medical center, nursing home, domiciliary facility, outpatient clinic, or center that provides readjustment counseling) that is-- ``(A) under the jurisdiction of the Department of Veterans Affairs; ``(B) under the control of the Veterans Health Administration; and ``(C) not under the control of the General Services Administration. ``(2) The term `smoke' includes-- ``(A) the use of cigarettes, cigars, pipes, and any other combustion or heating of tobacco; and ``(B) the use of any electronic nicotine delivery system, including electronic or e-cigarettes, vape pens, and e-cigars.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by striking the item relating to section 1715 and inserting the following new item: ``1715. Prohibition on smoking in facilities of the Veterans Health Administration.''. (b) Conforming Amendment.--Section 526 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 note) is repealed. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Department of Veterans Affairs", "Drug, alcohol, tobacco use", "Government buildings, facilities, and property", "Health facilities and institutions", "Veterans' medical care" ]
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118S1041
Restoring Overtime Pay Act of 2023
[ [ "B000944", "Sen. Brown, Sherrod [D-OH]", "sponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "B001277"...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1041 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1041 To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Brown (for himself, Mr. Schumer, Mr. Sanders, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Ms. Cantwell, Mr. Casey, Ms. Duckworth, Mr. Durbin, Mr. Lujan, Mr. Markey, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Padilla, Mr. Reed, Mr. Schatz, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to establish a minimum salary threshold for bona fide executive, administrative, and professional employees exempt from Federal overtime compensation requirements, and automatically update such threshold each year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring Overtime Pay Act of 2023''. SEC. 2. FINDINGS. Congress finds the following: (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) established overtime compensation requirements for certain employees when they work more than 40 hours in a given workweek. (2) Under section 13(a)(1) of such Act, Congress delegated to the Secretary of Labor the authority to define and delimit the terms relating to the exemption for bona fide executive, administrative, and professional employees (commonly known as the ``white-collar exemption''). (3) For more than 75 years, the Secretary of Labor has exercised the Secretary's delegated authority to issue regulations that define and delimit the terms relating to the white-collar exemption by applying a duties test and applying a minimum compensation level (or salary threshold). (4) The Secretary of Labor began utilizing a salary threshold in the initial regulations defining and delimiting the terms relating to the white-collar exemption, which were first issued in 1938. (5) Congress has long approved the use of a salary threshold by the Secretary of Labor, as demonstrated by the fact that Congress has amended the Fair Labor Standards Act of 1938 at least 10 times since 1938 and has not precluded the Secretary from using a salary threshold. (6) The salary threshold became woefully out of date and ineffective as a result of not being sufficiently updated to keep pace with the changing economy, as evidenced by the fact that 63 percent of all full-time salaried workers were guaranteed overtime pay under section 7 of the Fair Labor Standards Act of 1938 based on their salaries in 1975 while, in 2022, less than 15 percent of all full-time salaried workers are guaranteed such overtime pay under the overtime rule promulgated on September 27, 2019. (7) Weak overtime protections also hurt the many workers who are forced into part-time jobs but need full-time jobs to support themselves and their families. When employers can no longer overwork employees who are exempt from overtime pay because of lax standards, they will be forced to spread work and hours across their workforce. Restoring overtime protections is especially important in 2023, as the economy of the United States is still recovering from the pandemic and many workers report their employers demanding excessive hours. (8) In 2015, when the Department of Labor proposed an increase to the overtime salary threshold rule under the Obama Administration, it found that the historic range of the overtime salary threshold under the Fair Labor Standards Act of 1938 ran from approximately the 35th to the 55th percentile of weekly earnings for all full-time salaried workers. By phasing the overtime salary threshold back up to the 55th percentile of earnings of full-time salaried workers nationally--which after adjusting for inflation is projected to translate to an annualized amount of $73,551 in 2021 and $82,745 by 2026 (roughly the level of the boldest State overtime threshold increase)--the United States can restore overtime protections to historic levels. SEC. 3. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES EXEMPT FROM FEDERAL OVERTIME COMPENSATION REQUIREMENTS. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(1)-- (A) by inserting ``subsection (k) and'' after ``subject to''; and (B) by inserting ``(except as provided under subsection (k)(2)(C))'' after ``Administrative Procedure Act''; and (2) by adding at the end the following: ``(k) Minimum Salary Threshold.-- ``(1) In general.--Beginning on the effective date of the Restoring Overtime Pay Act of 2023, the Secretary shall require that an employee described in subsection (a)(1), as a requirement for exemption under such subsection, be compensated on a salary basis, or equivalent fee basis, within the meaning of such terms in subpart G of part 541 of title 29, Code of Federal Regulations (or any successor regulation), at a rate per week that is not less than the weekly rate of the applicable annualized salary threshold under paragraph (2). ``(2) Salary threshold.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the applicable annualized salary threshold shall be-- ``(i) $45,000, beginning on the effective date of the Restoring Overtime Pay Act of 2023; ``(ii) $55,000, beginning on January 1, 2024; ``(iii) $65,000, beginning on January 1, 2025; ``(iv) $75,000, beginning on January 1, 2026; and ``(v) beginning on January 1, 2027, an annualized amount that is equal to the rate of the 55th percentile of weekly earnings of full- time salaried workers nationally, as determined by the Bureau of Labor Statistics based on data from the second quarter of 2026. ``(B) Increased threshold.--The Secretary may establish, through notice and comment rulemaking under section 553 of title 5, United States Code, a salary threshold that is a rate that-- ``(i) is greater than the applicable annualized salary threshold under subparagraph (A); and ``(ii) is calculated based on a data set and methodology established by the Secretary that are capable of being updated in accordance with subparagraph (C). ``(C) Automatic updates.-- ``(i) In general.--Not later than 1 year after the salary threshold first takes effect under subparagraph (A)(v), and annually thereafter, or, in the case in which the Secretary establishes an increased salary threshold under subparagraph (B), annually after establishing such increased salary threshold, the Secretary shall update the rate of the salary threshold in effect under subparagraph (A)(v) or (B), as applicable, so that such rate is equal to-- ``(I) in the case in which the Secretary does not establish an increased salary threshold under subparagraph (B), the 55th percentile of weekly earnings of full-time salaried workers nationally, as determined by the Bureau of Labor Statistics based on data from the second quarter of the calendar year preceding the calendar year in which such updated amount is to take effect; and ``(II) in the case in which the Secretary establishes an increased salary threshold under subparagraph (B), the greater of-- ``(aa) the 55th percentile described in subclause (I); and ``(bb) the increased salary threshold established under subparagraph (B), as updated in accordance with the data set and methodology established by the Secretary under subparagraph (B)(ii). ``(ii) Nonapplicability of rulemaking.-- Section 553 of title 5, United States Code, shall not apply to any update described in this subparagraph. ``(D) Notice requirement.--Not later than 60 days before a revised salary threshold under this paragraph takes effect, the Secretary shall publish a notice announcing the amount in the Federal Register and on the internet website of the Department of Labor.''. (b) Publication of Earnings.--Not later than 21 days after the end of each calendar quarter, the Bureau of Labor Statistics shall publish on its public website, for each week of such quarter, data on the weekly earnings of full-time salaried workers by census region (as designated by the Bureau of the Census). SEC. 4. NONEXEMPT DUTIES LIMIT FOR BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL EMPLOYEES. Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), as amended in section 3(a)(1), is further amended-- (1) by striking ``of a retail or service establishment shall not'' and inserting ``shall''; (2) by striking ``because of'' and all that follows through ``administrative activities,''; (3) by striking ``less than 40'' and inserting ``not less than 20''; and (4) by striking ``such activities'' and inserting ``activities not directly or closely related to the performance of executive or administrative activities''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the first day of the third month that begins after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
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118S1042
One Stop Shop for Small Business Licensing Act of 2023
[ [ "R000608", "Sen. Rosen, Jacky [D-NV]", "sponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1042 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1042 To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Rosen (for herself and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship _______________________________________________________________________ A BILL To require the Director of the Office of Entrepreneurship Education of the Small Business Administration to establish and maintain a website regarding small business permitting and licensing requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``One Stop Shop for Small Business Licensing Act of 2023''. SEC. 2. CENTRALIZED WEBSITE FOR BUSINESS PERMIT AND LICENSING REQUIREMENTS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Entrepreneurship Education of the Small Business Administration; and (2) the term ``small business concern'' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (b) Website.--Not later than 1 year after the date of enactment of this Act, the Director shall establish, and thereafter the Director shall maintain, a publicly available website that provides information regarding Federal, State, and local business permitting and licensing requirements with respect to the operation of a small business concern, which shall be organized based on the location and type of small business concern. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S1043
Natural GAS Act of 2023
[ [ "B001261", "Sen. Barrasso, John [R-WY]", "sponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "H001061", "Sen. ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1043 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1043 To amend the Energy Policy and Conservation Act to modify standards for water heaters, furnaces, boilers, and kitchen cooktops, ranges, and ovens, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Barrasso (for himself, Mr. Risch, Mr. Lee, Mr. Cassidy, and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Energy Policy and Conservation Act to modify standards for water heaters, furnaces, boilers, and kitchen cooktops, ranges, and ovens, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Appliances Standards Act of 2023'' or the ``Natural GAS Act of 2023''. SEC. 2. RULE REQUIREMENTS FOR WATER HEATERS. Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the following: ``(7) Requirements.-- ``(A) Rulemaking process.--For any rule relating to water heaters under this section that is finalized after the date of enactment of this paragraph, the Secretary shall-- ``(i) require as part of the rulemaking process the performance of a full fuel cycle analysis for energy efficiency standards and a full fuel cycle energy descriptor, as described in a letter report of the National Academies entitled `Review of Site (Point-of-Use) and Full-Fuel-Cycle Measurement Approaches to DOE/ EERE Building Appliance Energy-Efficiency Standards' and dated 2009; and ``(ii) certify that the rule is not likely to result in a significant shift from gas water heaters to electric water heaters with respect to residential construction, commercial construction, or water heater replacement. ``(B) Rules.--Any rule relating to water heaters under this section that is finalized after the date of enactment of this paragraph-- ``(i) shall not apply to small major household appliance manufacturers (as defined in section 121.201 of title 13, Code of Federal Regulations (or successor regulations)); and ``(ii) shall require the results of the analysis and resulting energy descriptor described in subparagraph (A)(i) to be prominently disclosed on any label that-- ``(I) is required by the Federal Trade Commission to provide energy efficiency information of the water heater; and ``(II) is visible to consumers at the point of sale.''. SEC. 3. RULE REQUIREMENTS FOR FURNACES AND BOILERS. Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) is amended-- (a) in paragraph (1)(B)-- (1) in clause (i), by adding ``and'' at the end after the semicolon; (2) in clause (ii), by striking ``and'' at the end and inserting a period; and (3) by striking clause (iii); and (b) by adding at the end the following: ``(5) Requirements.-- ``(A) Rulemaking process.--For any rule relating to furnaces or boilers under this section that is finalized after the date of enactment of this paragraph, the Secretary shall-- ``(i) require as part of the rulemaking process the performance of a full fuel cycle analysis for energy efficiency standards and a full fuel cycle energy descriptor, as described in a letter report of the National Academies entitled `Review of Site (Point-of-Use) and Full-Fuel-Cycle Measurement Approaches to DOE/ EERE Building Appliance Energy-Efficiency Standards' and dated 2009; and ``(ii) certify that the rule is not likely to result in a significant shift from gas furnaces or boilers to electric furnaces or boilers with respect to residential construction, commercial construction, or furnace or boiler replacement. ``(B) Rules.--Any rule relating to furnaces or boilers under this section that is finalized after the date of enactment of this paragraph-- ``(i) shall not apply to small major household appliance manufacturers (as defined in section 121.201 of title 13, Code of Federal Regulations (or successor regulations)); and ``(ii) shall require the results of the analysis and resulting energy descriptor described in subparagraph (A)(i) to be prominently disclosed on any label that-- ``(I) is required by the Federal Trade Commission to provide energy efficiency information of the water heater; and ``(II) is visible to consumers at the point of sale.''. SEC. 4. RULE REQUIREMENTS FOR COOKTOPS, RANGES, AND OVENS. Section 325(h) of the Energy Policy and Conservation Act (42 U.S.C. 6295(h)) is amended by adding at the end the following: ``(3) Requirements.-- ``(A) Rulemaking process.--For any rule relating to kitchen cooktops, ranges, and ovens under this section that is finalized after the date of enactment of this paragraph, the Secretary shall-- ``(i) require as part of the rulemaking process the performance of a full fuel cycle analysis for energy efficiency standards and a full fuel cycle energy descriptor, as described in a letter report of the National Academies entitled `Review of Site (Point-of-Use) and Full-Fuel-Cycle Measurement Approaches to DOE/ EERE Building Appliance Energy-Efficiency Standards' and dated 2009; and ``(ii) certify that the rule is not likely to result in a significant shift from gas kitchen cooktops, ranges, and ovens to electric kitchen cooktops, ranges, and ovens with respect to residential construction, commercial construction, or cooktop, range, and oven replacement. ``(B) Rules.--Any rule relating to kitchen cooktops, ranges, and ovens under this section that is finalized after the date of enactment of this paragraph-- ``(i) shall not limit the features and functionality available on residential gas kitchen cooktops, ranges, and ovens, including-- ``(I) quick-to-boil times; ``(II) the number and size of burners, including burners designed for simmering and high input rate burners; and ``(III) the design of grates, including continuous grates; ``(ii) shall not apply to small major household appliance manufacturers (as defined in section 121.201 of title 13, Code of Federal Regulations (or successor regulations)); and ``(iii) shall require the results of the analysis and resulting energy descriptor described in subparagraph (A)(i) to be prominently disclosed on any label that-- ``(I) is required by the Federal Trade Commission to provide energy efficiency information of the kitchen cooktop, range, or oven; and ``(II) is visible to consumers at the point of sale.''. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S1044
Railway Accountability Act
[ [ "F000479", "Sen. Fetterman, John [D-PA]", "sponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1044 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1044 To improve rail safety practices and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Schumer (for Mr. Fetterman (for himself, Mr. Brown, and Mr. Casey)) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To improve rail safety practices and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Railway Accountability Act''. SEC. 2. BROKEN RIM DERAILMENTS. (a) Study.--The Administrator of the Federal Railroad Administration shall conduct a study of-- (1) broken rim derailments, particularly vertical split rim failures, including-- (A) the causes of such derailments and failures; (B) the effectiveness of current mitigation strategies; and (C) potential new mitigation strategies; (2) wheel impact load thresholds, including-- (A) safe kip thresholds; and (B) potential remedial actions that address the mechanical condition of tank cars used in high-hazard flammable trains; (3) the deployment of ultrasonic wheel crack detection systems; and (4) potential regulations that, if promulgated, would-- (A) result in fewer broken rim derailments; and (B) improve avoidance or identification of mechanical defects. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit a report to Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives containing the results of the study conducted pursuant to subsection (a), including any proposed regulations to reduce the frequency of broken rim derailments. SEC. 3. TRAIN CONSIST. (a) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall conduct a review of existing regulations relating to the practices regarding the establishment of a train consist. (b) Written Switchyard Safety Protocol Plan.--The Administrator of the Federal Railroad Administration shall issue a regulation requiring each railroad to prepare and submit to the Administrator, not later than 1 year after the date of the enactment of this Act, an updated Risk Reduction Program Plan that-- (1) documents the railroad's standards for train consist and safety protocol while trains are in the switchyard; and (2) strives to balance derailment risk and rail yard employee safety. SEC. 4. BRAKE INSPECTIONS. After completing the review required under section 3(a)(1), the Secretary of Transportation shall issue regulations that-- (1) prohibit any train from being moved out of the switchyard before all required brake inspections of such train have been completed; (2) prohibit conducting brake inspections of a train while such train is in motion; and (3) allow only the qualified mechanical inspector (as defined in section 232.5 of title 49, Code of Federal Regulations) assigned to inspect a locomotive or rail car to sign off on-- (A) the Form FRA F6180-49A (commonly known as the ``blue card'') relating to locomotive inspections; and (B) the satisfactory Class I brake inspection of end-of-train device form relating to rail car inspections. SEC. 5. SAFETY WAIVERS. (a) In General.--The Administrator of the Federal Railroad Administration shall post, on a publicly accessible website, a list of all active safety waivers granted by the Federal Railroad Administration to Class I railroads pursuant to its authority under section 20103(d) of title 49, United States Code, relating to brake procedures, unequipped locomotives, brake inspection requirements, and safety training for rail labor employees. (b) Contents.--The Administrator shall include, on the posting required under subsection (a), a summary of the waivers described in subsection (a), including-- (1) the number of active waivers; (2) the number of such waivers that have been extended beyond their original termination date; (3) the average duration of each such waiver; and (4) a summary of the regulations that were so waived. SEC. 6. PROPER FUNCTIONING OF EMERGENCY BRAKE SIGNALS. The Administrator of the Federal Railroad Administration shall amend part 232 of title 49, Code of Federal Regulations, to require-- (1) more frequent communication checks between a head-of- train device and an end-of-train device; and (2) repetition of the emergency brake signal transmission until it is received by the end-of-train device. SEC. 7. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM. Not later than 6 months after the date of the enactment of this Act, any Class I railroad that was ordered to pay the maximum civil penalty for any violation of a rail safety regulation set forth in section 5123(a) of title 49, United States Code, or in chapter 201, 203, 204, 205, 206, 207, 208, 209, or 211 during the 15-year period immediately preceding such date of enactment shall join and actively participate in the Confidential Close Call Reporting System (commonly known as ``C\3\RS''). SEC. 8. REQUIRED WARNING EQUIPMENT AND LOOKOUTS. All railroads shall provide warning equipment to railroad watchmen and lookouts for roadway workers, which-- (1) may include whistles, air horns, white disks, red flags, lanterns, and fuses; and (2) may not include the use of verbal warnings. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works", "Congressional oversight", "Emergency communications systems", "Government information and archives", "Government studies and investigations", "Railroads", "Transportation safety and security" ]
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118S1045
Failed Bank Executives Clawback Act
[ [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "sponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "W000805"...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1045 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1045 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 SENATE OF THE UNITED STATES March 29, 2023 Ms. Warren (for herself, Mr. Hawley, Ms. Cortez Masto, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ 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. CLAWBACK. 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 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(a)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5384(a)(3)) is amended by striking ``the financial company'' and inserting ``of a financial company for which the Corporation is appointed receiver, regardless of the process by which the Corporation is appointed,''. SEC. 4. RESOLVED INSURED DEPOSITORY INSTITUTIONS. If an insured depository institution is resolved by the Federal Deposit Insurance Corporation, the creditors and shareholders of any corresponding depository institution holding company shall bear the losses of the insured depository institution. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector", "Administrative law and regulatory procedures", "Bank accounts, deposits, capital", "Banking and financial institutions regulation", "Civil actions and liability", "Consumer affairs", "Corporate finance and management", "Federal Deposit Insurance Corporation (FDIC)", ...
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118S1046
Small Airport Regulation Relief Act of 2023
[ [ "B001261", "Sen. Barrasso, John [R-WY]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1046 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1046 To amend title 49, United States Code, with respect to apportionments for small airports under the Airport Improvement Program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend title 49, United States Code, with respect to apportionments for small airports under the Airport Improvement Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Airport Regulation Relief Act of 2023''. SEC. 2. APPORTIONMENTS. Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: ``(K) Special rule for fiscal years 2024 through 2026.--Notwithstanding subparagraph (A), the Secretary shall apportion to the sponsor of an airport under that subparagraph, for each of fiscal years 2024, 2025, and 2026, an amount based on the number of passenger boardings at the airport during calendar year 2019, 2020, or 2021, whichever had the highest number of passenger boardings, if the airport had-- ``(i) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2024, 2025, or 2026, as applicable, under subparagraph (A); and ``(ii) 10,000 or more passenger boardings during calendar year 2019.''. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works" ]
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118S1047
Cellphone Jamming Reform Act of 2023
[ [ "C001095", "Sen. Cotton, Tom [R-AR]", "sponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "K000393", "Sen. K...
<p><b>Cellphone Jamming Reform Act of 2023</b></p> <p>This bill allows a state or federal correctional facility to operate a jamming system to interfere with cellphone signals within inmate housing facilities.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1047 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1047 To provide that the Federal Communications Commission may not prevent a State or Federal correctional facility from utilizing jamming equipment, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cotton (for himself, Mr. Graham, Mr. Braun, Mr. Hagerty, Mr. Kennedy, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide that the Federal Communications Commission may not prevent a State or Federal correctional facility from utilizing jamming equipment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cellphone Jamming Reform Act of 2023''. SEC. 2. LIMITATION ON FCC AUTHORITY. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the term ``correctional facility'' means a jail, prison, penitentiary, or other correctional facility; and (3) the term ``jamming system''-- (A) means a system of radio signal generating and processing equipment and antennas designed to disrupt, prevent, interfere with, or jam a wireless communication into, from, or within a correctional facility; and (B) includes the components and functionality of a system described in subparagraph (A), such as-- (i) antennas, cabling, and cable elements; (ii) the installation, interconnection, and operation of system elements, power levels, and radio frequencies carried on the cables or fed into antennas; (iii) the radiation pattern of the antennas; and (iv) the location and orientation of the antennas. (b) Restriction.-- (1) In general.--Notwithstanding any other provision of law or regulation, and subject to paragraph (2), the Commission may not prevent a State or Federal correctional facility from operating a jamming system within the correctional facility to prevent, jam, or otherwise interfere with a wireless communication that is sent-- (A) to or from a contraband device in the facility; or (B) by or to an individual held in the facility. (2) Requirements.--With respect to a jamming system described in paragraph (1)-- (A) the operation of the system shall be limited to the housing facilities of the correctional facility in which the system is located; (B) if the correctional facility that operates the system is a State correctional facility, the State that operates the correctional facility shall be responsible for funding the entire cost of the system, including the operation of the system; and (C) the correctional facility that operates the system shall-- (i) before implementing the system, consult with local law enforcement agencies and other public safety officials in the area in which the facility is located; and (ii) submit to the Director of the Bureau of Prisons a notification regarding that operation. &lt;all&gt; </pre></body></html>
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118S1048
Ending the NARCOS Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1048 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1048 To designate Mexican cartels and other transnational criminal organizations as foreign terrorist organizations and recognizing the threats those organizations pose to the people of the United States as terrorism, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Graham (for himself, Mr. Kennedy, Mrs. Blackburn, Mr. Hawley, Mr. Daines, Mr. Lee, and Mr. Braun) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence _______________________________________________________________________ A BILL To designate Mexican cartels and other transnational criminal organizations as foreign terrorist organizations and recognizing the threats those organizations pose to the people of the United States as terrorism, and for other purposes. Be it enacted by the Senate 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 the Notorious, Aggressive, and Remorseless Criminal Organizations and Syndicates Act of 2023'' or the ``Ending the NARCOS Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The national security of the United States, along with the health and safety of the citizens of the United States, is under attack by Mexican cartels and other transnational criminal organizations that engage in acts of terrorism to exploit the borders of the United States and further their unlawful business of producing and importing illicitly manufactured fentanyl, a substance that kills hundreds of thousands of people in the United States each year, methamphetamine, and other controlled substances. (2) Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine, and some fentanyl-related substances can have even greater potency. (3) Although pharmaceutical fentanyl is prescribed by doctors to treat severe pain, illicitly manufactured fentanyl and fentanyl-related substances are created using precursor chemicals that are predominantly imported from China and distributed through illegal drug markets, most commonly by Mexican cartels across the southern border. (4) According to the Centers for Disease Control and Prevention, nearly 110,000 people in the United States died during fiscal year 2022 from drug overdoses. (5) Approximately 66 percent of those deaths in fiscal year 2022 related to illicitly manufactured fentanyl. (6) In December 2022, the Washington Post reported that, from 2019 to 2021, fatal fentanyl overdoses surged 94 percent and an estimated 196 people in the United States are now dying each day from the drug, which is the equivalent of a fully loaded Boeing 757-200 crashing and killing everyone on board every day. (7) The single largest loss of life resulting from a foreign attack on United States soil was the September 11 terrorist attacks, which killed 2,977 people, and fentanyl overdoses cause the equivalent of a new September 11 nearly every 2 weeks. (8) In fiscal year 2022, the United States suffered more fentanyl-related deaths than gun- and auto-related deaths combined. (9) Illicit fentanyl is now the number one cause of death among people in the United States between the ages of 18 and 45. (10) A 2017 analysis, accounting for the costs of health care, criminal justice, lost productivity and social and family services, estimated that the total cost of the drug epidemic of the United States facilitated by Mexican cartels and other transnational criminal organizations was more than $1,000,000,000,000 annually, or 5 percent of gross domestic product. (11) Law enforcement and immigration officers report that smugglers evade apprehension and successfully bring large quantities of fentanyl, methamphetamine, and other illicit drugs into the United States. (12) Despite seizures both at and between ports of entry, like the recent seizure by U.S. Customs and Border Protection of nearly 54 pounds of fentanyl pills and 32 pounds of methamphetamine at the Andrade Port of Entry, domestic supply of these controlled substances indicate a massive amount of controlled substances are still pouring across our border. (13) The Federal Government possesses unutilized resources and lawful measures to combat the cartels through the designation of those groups as foreign terrorist organizations. (14) Foreign terrorist organizations are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (15) The designation of organizations as foreign terrorist organizations plays a critical role in the fight against terrorism and is an effective means of curtailing support for terrorist activities and pressuring groups to get out of the terrorism business because such a designation gives law enforcement agencies and prosecutors greater powers to freeze the assets of an organization, to deny members of the organization entry into the United States, and to seek tougher punishments against those who provide material support to the organization. (16) Under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), the Secretary of State may designate an organization as a foreign terrorist organization if-- (A) the organization is a foreign organization; (B) the organization engages in terrorist activity or terrorism, or retains the capability and intent to engage in terrorist activity or terrorism; and (C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States. (17) Mexican cartels satisfy each of those three criteria, as they are foreign organizations based outside the United States, they engage in ``terrorist activity'' such as assassinations, kidnaping, or use of explosives and firearms, and their terrorist activities threaten the security of the United States and the people of the United States. (18) For instance, four United States citizens, including 3 people from South Carolina, were recently kidnaped by Mexican drug cartels in Matamoros, Mexico, where at least 2 were tragically killed in cartel violence. (19) Mexican cartels and other transnational criminal organizations, as foreign organizations, make billions of dollars each year importing deadly drugs into the United States, especially fentanyl and methamphetamine, which results in the deaths of hundreds of thousands of people in the United States each year. (20) United States Southern Command reports that criminal organizations, including drug cartels, in their Area of Responsibility generate an estimated annual revenue of approximately $300,000,000,000 more than 5-times the combined defense budget for the region, including Mexico. (21) The death and destruction caused by the illicit drug trade is not limited to overdoses and gang violence, rather, it extends to a significant proportion of nearly all other criminal activity in the United States, including burglary, carjacking, robbery, aggravated assault, domestic violence, felony traffic violations, and much more, and it also extends to drug addictions that often result in homelessness, suicide, human trafficking, child sex trafficking, broken families, birth defects, and other maladies that are devastating communities across the United States. (22) The national security threat posed by Mexican cartels and other transnational criminal organizations extends beyond the sale of fentanyl and other drugs, as these organizations have also shown a lethal willingness to protect their business by any means necessary, including organizing Armed Forces to fight both their rivals and the Government of Mexico, creating a dangerous and unstable situation on the southern border of the United States with innocent people of the United States caught in the crossfire. (23) The chaos and calamity caused by Mexican cartels and other transnational criminal organizations at the southern border teeters on all-out war, with the Government of Mexico deploying more than 200,000 Federal troops to fight the cartels, and even with that military presence, the kidnaping, decapitations, and terror continue, including on and near United States soil. (24) According to statistics of the United Nations, the homicide rate in the United States Southern Command's Area of Responsibility was a staggering 15.7 per 100,000 in 2020, out of a global average of 5.6 per 100,000, no doubt due to the violence of transnational criminal organizations in the region. (25) The Department of State has already recognized the reality of the terror caused by Mexican cartels, issuing its highest level of travel warning for all but 2 of Mexico's 32 States due to increased threats of crime and kidnaping and having already named Colombia-based groups like the Revolutionary Armed Forces of Colombia-People's Army (FARC-EP), Revolutionary Armed Forces of Colombia-Segunda Marquetalia (FARC-SM), and the National Liberation Army (ELN) as foreign terrorist organizations. (26) There are already known links between transnational criminal organizations and designated foreign terrorist organizations, such as Hezbollah, al-Qaeda, Hamas, and the Islamic State. (27) Existing counter-narcotics efforts under the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), focusing on financial sanctions, and designating these organizations as foreign terrorist organizations are better methods for addressing the increasing violence and supply of deadly fentanyl and other drugs being shipped across the border. (28) Designating Mexican cartels and other transnational criminal organizations as foreign terrorist organizations would enable-- (A) the use of section 1010A of the Controlled Substances Import and Export Act (21 U.S.C. 960a) to prosecute drug traffickers associated with these organizations for providing pecuniary support to a foreign terrorist organization; (B) the use of section 2339B of title 18, United States Code, to prosecute anyone who knowingly provides material support or resources to these organizations, including paying human traffickers or those who provide any logistical support or services to these organizations; (C) the use of such section 2339B to impose civil penalties on any financial institution that fails to freeze and report any funds in which these organizations have any interest; and (D) through those statutes, the use of extraterritorial jurisdiction to target and prosecute foreign nationals involved with Mexican cartels and other transnational criminal organizations. SEC. 3. DESIGNATION OF CERTAIN DRUG CARTELS AS FOREIGN TERRORIST ORGANIZATIONS. (a) Designations.--The following cartels, including any faction of such a cartel, associated forces, or subsequent groups, are hereby deemed to be foreign terrorist organizations pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189): (1) The Sinaloa Cartel. (2) The Jalisco New Generation Cartel. (3) The Gulf Cartel. (4) The Los Zetas Cartel. (5) The Northeast Cartel. (6) The Juarez Cartel. (7) The Tijuana Cartel. (8) The Beltran-Leyva Cartel. (9) The La Familia Michoacana, also known as the Knight Templar Cartel. (b) Limitation.--Notwithstanding any other provision of law, the designation of any organization as a foreign terrorist organization under this section shall not provide a basis for any alien to obtain any withholding, deferral, relief, or protection from removal of any kind. SEC. 4. ESTABLISHMENT OF INTERAGENCY TASK FORCE TO COMBAT MEXICAN CARTELS AND OTHER TRANSNATIONAL CRIMINAL ORGANIZATIONS. (a) Definitions.--In this section: (1) Agencies.--The term ``agencies'' has the meaning given the term ``Executive agencies'' in section 105 of title 5, United States Code. (2) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations, the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives. (3) Transnational criminal organization.--The term ``transnational criminal organization'' means a group of persons, such as those set forth under section 3(a), that includes-- (A) one or more foreign persons; (B) that engages in an ongoing pattern of serious criminal activity involving the jurisdictions of at least 2 foreign countries; and (C) that threatens the national security, foreign policy, or economy of the United States. (b) Establishment.-- (1) In general.--The Director of National Intelligence shall establish an interagency task force on combating Mexican cartels and other transnational criminal organizations. (2) Designation.--The task force established under paragraph (1) shall be known as the ``Interagency Task Force to Combat Mexican Cartels and Other Transnational Criminal Organizations'' (in this section referred to as the ``Task Force''). (c) Composition.--The Task Force shall be composed of the following, or their designees: (1) The Director of National Intelligence. (2) The Secretary of State. (3) The Secretary of Defense. (4) The Attorney General. (5) The Secretary of Homeland Security. (6) The Secretary of the Treasury. (d) Head of Task Force.--The Director of National Intelligence shall be the head of the Task Force. (e) Primary Missions.--The primary missions of the Task Force are as follows: (1) To eliminate the threat posed to the United States by Mexican cartels and other transnational criminal organizations, including any and all violence perpetrated by such groups against the United States or the citizens of the United States including the threat posed by the distribution of controlled substances into the United States. (2) To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to Mexican cartels and other transnational criminal organizations. (3) To conduct strategic international operational planning for activities to counter the Mexican cartels and other transnational criminal organizations, integrating all instruments of national power, including diplomatic, financial, military, intelligence, homeland security, and law enforcement activities within and among agencies. (4) To assign roles and responsibilities as part of its strategic operational planning duties to lead agencies, as appropriate, for activities to counter the Mexican cartels and other transnational criminal organizations that are consistent with applicable provisions of law and that support strategic operational plans, but shall not direct the execution of any resulting operations. (5) To ensure that agencies, as appropriate, have access to and receive all-source intelligence support needed to execute their plans or perform independent, alternative analysis. (6) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities. (7) To serve as the central and shared knowledge repository on known and suspected cartel or transnational criminal organization members, as well as their goals, strategies, capabilities, and networks of contacts and support. (f) Initial Report Required.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Task Force shall submit to the appropriate committees of Congress a detailed report regarding-- (A) any other Mexican cartels, or factions of cartels, and transnational criminal organizations that should be designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), including the criteria justifying each such designation; (B) any foreign organization which provides illicit services to Mexican cartels and transnational criminal organizations, including controlled substance precursor chemicals and money laundering services, and whether they qualify as a foreign terrorist organization under section 219 of such Act (8 U.S.C. 1189); (C) any current Government policy, law, or position that prevents the United States Government from accomplishing the goal of eradicating the Mexican cartels and transnational criminal organizations, or stopping the flow of controlled substances into the United States; and (D) a detailed plan to expand the intelligence gathering and sharing capability of the United States Government to eradicate the Mexican cartels and transnational criminal organizations, including any steps that Congress must take to streamline this intelligence process. (2) Form.--The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. &lt;all&gt; </pre></body></html>
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118S1049
REAADI for Disasters Act
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1049 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1049 To ensure that older adults and individuals with disabilities are prepared for disasters, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Casey (for himself, Mrs. Gillibrand, Ms. Warren, Ms. Duckworth, Mr. Blumenthal, Mr. Markey, Mr. Wyden, Mr. Sanders, Mr. Welch, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To ensure that older adults and individuals with disabilities are prepared for disasters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Emergency Access for Aging and Disability Inclusion for Disasters Act'' or the ``REAADI for Disasters Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) In the United States, according to the Centers for Disease Control and Prevention, there are more than 61,000,000 adults who are individuals with disabilities and, according to the Bureau of the Census, there are more than 54,000,000 adults age 65 or older. (2) There have been more than 145 hurricanes, resulting in over 2,000 deaths, in the United States since 2000. (3) The National Oceanic and Atmospheric Administration estimates that-- (A) the cumulative damage from weather- and climate-related disasters in 2022 cost the United States over $165,000,000,000; and (B) 18 of the disasters in 2022 cost over $1,000,000,000 each. (4) Individuals with disabilities and older adults have been found to die at higher rates, compared to the general population, during disasters. (5) According to the Federal Emergency Management Agency, in 2022-- (A) the United States experienced 90 declared disasters affecting more than 54,000,000 people; and (B) more than 16,000,000 of those people were adults who were individuals with disabilities. (6) Failure to provide accessibility for, or plan for accommodating, individuals with physical or sensory disabilities, chronic illness, or mental disabilities decreases the ability of those individuals to evacuate prior to or during a disaster. (7) Households of individuals with disabilities are more likely to need assistance and are less likely to be able to evacuate in advance of disasters. (8) Less than a third of individuals with intellectual disabilities and individuals needing personal care attendants have planned with their personal care providers what to do in a disaster. (9) Evacuation information, including orders, is not uniformly communicated in ways and via media that are accessible to individuals with disabilities, including being communicated in ways that lack use of American Sign Language, captions, and plain language on websites, instructional materials, and television and radio announcements. (10) Displaced individuals with disabilities served in general population shelters have better access to information and material resources than individuals with disabilities in specially designed shelters. (11) Despite better access to information and resources, personnel in general population shelters often do not have the resources or training to address the needs of individuals with disabilities and older adults. (12) Public shelters often do not have disability-related accommodations, often forcing individuals with disabilities and older adults to be segregated, sometimes apart from their families and natural supports during disasters. (13) Households with individuals with disabilities sustain more costly property damage from disasters than households without individuals with disabilities. (14) Historically, disaster-related recommendations for individuals with disabilities and older adults have been typically aimed at caregivers and service providers, not individuals with disabilities and older adults themselves. (15) Thousands of individuals with disabilities have been denied their civil rights because they do not receive accessible notice during disasters-- (A) of spoken instructions via phone or video; or (B) of instructions regarding evacuations, sheltering, and other procedures during disasters. (16) Disaster shelters and services do not routinely have American Sign Language interpreters nor procedures written or presented in plain language. (17) Individuals with disabilities and older adults are more at risk for loss of life, loss of independence, or violation of civil rights than the general population during times of disasters, response, and recovery. (b) Sense of Congress.--It is the sense of Congress that-- (1) individuals with disabilities and older adults should be supported during times of disasters, and during disaster preparedness, response, recovery, and mitigation in order to-- (A) ensure maintenance of and access to services and supports; and (B) enable those individuals and adults to return to their communities in a timely manner as compared with the general population; (2) during the recovery and mitigation phases of disaster response, all buildings and services should be designed, and constructed or reconstructed, according to principles of universal design and to the standards established by the Architectural and Transportation Barriers Compliance Board in order to ensure access for individuals with disabilities, older adults, and all individuals; (3) individuals with disabilities and older adults should have access to shelters and other services during disasters in the same locations and settings as the general population; (4) individuals with disabilities and older adults should receive information about preparation for, response to, recovery from, and mitigation of disasters in formats accessible to them, including in American Sign Language, Braille, and plain language, as well as captioned video messages; (5) individuals with disabilities and older adults must be included as key speakers, essential stakeholders, and decisionmakers in the preparation (including planning), response, recovery, and mitigation phases of disasters; (6) local, State (including territorial), Tribal, and Federal disaster planning must include robust representation of individuals with disabilities and older adults; and (7) individuals with disabilities and older adults must be included in the evaluation of governmental, VOAD, and other nongovernmental preparation (including planning), response, recovery, and mitigation of disasters. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the inclusion of individuals with disabilities and older adults in the preparation for, response to, recovery from, and mitigation of disasters; (2) ensure that individuals with disabilities and older adults with disabilities are free from discrimination on the basis of disability or age in programs and activities, are protected during and included in all phases of disaster preparation, response, recovery, and mitigation; (3) ensure compliance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and other disability laws during preparation for, response to, recovery from, and mitigation of disasters; (4) improve coordination among the communities of individuals with disabilities and older adults, including multiply marginalized BIPOC and LGBTQ+ communities, government agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; in preparing (including planning) for, responding to, recovery from, and mitigation of disasters; (5) improve outcomes for all individuals, including individuals with disabilities and older adults, who are affected by disasters, and increase community resilience in responding to disasters; and (6) enact into Federal law standards of care and standards for protection of civil rights, for older adults and people with disabilities, to be applied for disasters and public health emergencies. SEC. 4. DEFINITIONS. In this Act: (1) Access and functional needs.--The term ``access and functional needs'', used with respect to an individual, means an individual with needs such as-- (A) an individual with a disability; (B) an older adult; (C) an individual with limited English proficiency; (D) an individual with limited access to transportation that would enable the individual to prepare for, respond to, recover from, and mitigate a disaster; or (E) an individual with limited access to the financial resources that would enable the individual to prepare for, respond to, recover from, and mitigate a disaster. (2) All hazards approach.--The term ``all hazards approach'' means planning for natural, technological, or human- caused incidents that warrant action to-- (A) protect life, property, the environment, or the public health or safety; and (B) minimize disruptions of school activities. (3) Civil rights.--The term ``civil rights'', used with respect to an individual, means the existing (as of the date of enactment of this Act) legal rights of an individual to be free from discrimination on the basis of disability or age in programs and activities. (4) Covered individual.--The term ``covered individual'' means an individual with a disability, an older adult, and an individual with access and functional needs. (5) Disability inclusive emergency management experience.-- The term ``disability inclusive emergency management experience'', used with respect to an individual or entity-- (A) means an individual or entity that has-- (i) demonstrated disability leadership experience, including working with nongovernmental entities; and (ii) subject matter expertise in leading disability inclusive preparedness, response, recovery, and mitigation initiatives that focus on meeting the civil rights of covered individuals who are affected by disasters, to be free from discrimination on the basis of disability or age in programs and activities; and (B) includes an individual or entity that has demonstrated favorable outcomes that measure the effective communication access, physical access, program access, health, safety, and independence of individuals affected by disasters and their communities. (6) Disaster.--The term ``disaster'' means an emergency or major disaster (as such terms are defined under section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) that results in severe property damage, deaths, or multiple injuries. (7) Disaster services.--The term ``disaster services'' means the process of responding to a disaster and providing humanitarian aid to individuals and communities who are affected by a disaster. (8) Disproportionately affected.--The term ``disproportionately affected'', used with respect to a group, means a group of individuals with protected status, including individuals with disabilities or older adults, who are excessively adversely affected by disaster-related harms. (9) Indian tribal government.--The term ``Indian Tribal government'' has the meaning given the term ``Indian tribal government'' in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (10) Individual with a disability.-- (A) Single.--The term ``individual with a disability'' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (B) Plural.--The term ``individuals with disabilities'' means more than one individual with a disability, as defined in subparagraph (A). (11) Older adult.--The term ``older adult'' means a resident who is age 50 or older. (12) Public health emergency.--The term ``public health emergency'' means a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). (13) Resident.--The term ``resident'' means-- (A) in the case of an individual receiving assistance through an Indian Tribal Government or other Indian entity, a resident of an area or member of a community governed by an Indian Tribal Government; and (B) in the case of an individual not described in subparagraph (A), a resident of a State that is not an Indian Tribal Government. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) State.--The term ``State'' means any of the 50 States, an Indian Tribal Government, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (16) Visitability standards.--The term ``visitability standards'' means standards for Type C (Visitable) Units under the Standards for Accessible and Usable Buildings and Facilities (ICC A117.1-2009), or any successor standards, of the American National Standards Institute. (17) VOAD.--The term ``VOAD'' means a nongovernmental organization assisting in disaster preparation, recovery, response, or mitigation. SEC. 5. USE OF DISASTER RESPONSE FUNDS. Section 615 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196d) is amended-- (1) by striking ``Funds made available'' and inserting the following: ``(a) Definitions.--In this section: ``(1) Access and functional needs.--The term `access and functional needs', used with respect to an individual, means an individual with needs such as-- ``(A) an individual with a disability; ``(B) an older adult; ``(C) an individual with limited English proficiency; ``(D) an individual with limited access to transportation that would enable the individual to prepare for, respond to, or recover from, and mitigate an emergency or major disaster; or ``(E) an individual with limited access to the financial resources that would enable the individual to prepare for, respond to, recover from, or mitigate an emergency or major disaster. ``(2) Center for independent living.--The term `center for independent living' has the meaning given that term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a). ``(3) Covered recipient.-- ``(A) In general.--The term `covered recipient' means a direct or indirect recipient of funds made available under this title for a covered use of funds. ``(B) Exclusion.--The term `covered recipient' does not include individuals or households. ``(4) Covered use of funds.--The term `covered use of funds' means the use of funds for the preparation for, response to, recovery from, or mitigation of hazards. ``(5) Individual with a disability.-- ``(A) Single.--The term `individual with a disability' means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(B) Plural.--The term `individuals with disabilities' means more than one individual with a disability, as defined in subparagraph (A). ``(6) Older adult.--The term `older adult' means an individual who is age 50 or older. ``(7) Visitability standards.--The term `visitability standards' means standards for Type C (Visitable) Units under the Standards for Accessible and Usable Buildings and Facilities (ICC A117.1-2009), or any successor standards, of the American National Standards Institutes. ``(b) Use of Funds Generally.--Funds made available''; and (2) by adding at the end the following: ``(c) Advisory Committees.--A covered recipient shall ensure that an advisory committee that includes individuals with disabilities, older adults, and other individuals with access and functional needs shall oversee the use of funds made available under this title to the covered recipient. ``(d) Compliance With Disability Laws.--A covered recipient shall use funds made available under this title in accordance with the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(e) Centers for Independent Living.--A covered recipient may contract with 1 or more centers for independent living to-- ``(1) prepare for hazards; ``(2) provide personal assistance services during response and recovery periods; ``(3) identify accessible emergency shelters and adapt emergency shelters to be accessible; ``(4) develop accessible media, including media using American Sign Language; and ``(5) meet other needs for individuals with disabilities, older adults, and individuals with access and functional needs. ``(f) Contractors.--A nongovernmental organization that enters into a contract with a covered recipient relating to a covered use of funds shall comply with the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) in providing property or services under the contract. ``(g) Communications.--Communications relating to a covered use of funds by a covered recipient shall be made available in languages, including American Sign Language and other sign languages, used in the communities receiving the communications. ``(h) Accessibility.--A covered recipient shall ensure each facility or service made available in connection with a covered use of funds is accessible to individuals with disabilities, older adults, and other individuals with access and functional needs, including-- ``(1) notifications relating to a hazard; ``(2) evacuation notifications; ``(3) notifications relating to disaster services; and ``(4) emergency shelters. ``(i) Visitability.--A covered recipient that, as part of a covered use of funds, constructs or prepares dwelling units (including sleeping units) shall ensure that the dwelling units meet visitability standards.''. SEC. 6. TRAINING, TECHNICAL ASSISTANCE, AND RESEARCH DISABILITY AND DISASTER CENTERS. (a) Purpose.--The purpose of this section is to provide financial support to eligible entities to create centers through which the eligible entities will-- (1) provide training and technical assistance to State, local, Tribal, and territorial disaster relief, public health, and social service agencies in the implementation and enhancement of systemic and effective engagement policies, programs, and activities that ensure-- (A) that the needs and civil rights of covered individuals are addressed and implemented throughout all phases of disaster preparation, response, recovery, and mitigation; and (B) the inclusion of covered individuals in the development of all State, local, Tribal, and territorial disaster preparation plans; (2) assist Federal, State, local, Tribal, and territorial disaster relief agencies in the coordination and integration of Federal, State (including territorial), local, and Tribal services and programs to serve covered individuals in the least restrictive environment appropriate to their needs during a disaster; (3) conduct research and expand knowledge about covered individuals and their experiences during the preparation, response, recovery, and mitigation phases of disasters; and (4) discover, through research, and disseminate knowledge about, the most effective methods for-- (A) protecting the civil rights of covered individuals during times of disasters; (B) including covered individuals in all phases of disaster preparation, response, recovery, and mitigation; (C) reducing their deaths, injuries and losses from disasters; (D) reducing the displacement and disproportionate effects of relocation after a disaster, including financial and social effects, on covered individuals; and (E) ensuring covered individuals are participants in the research, development, and distribution of evidence-based information regarding disasters. (b) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity or partnership of entities that-- (A) submits an application to the Secretary in accordance with subsection (e); (B) is or includes an institution (which may be an institution of higher education), or a nongovernmental organization, that focuses on-- (i) serving the needs of individuals with disabilities; or (ii) serving the needs of older adults; (C) in the case of an entity or partnership with a disability focus, has a cross-disability service focus; (D) has experience in conducting training, technical assistance, and research pertaining to consumer-directed community support services for covered individuals; (E) includes covered individuals in positions of leadership in the planning, management, and operation of the programs of training, technical assistance, and research; (F) has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies, programs, and activities that promote the inclusion, needs, and civil rights of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (G) has, or will establish, an advisory council or similar entity, of which at least 51 percent of the members are covered individuals. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Stakeholder group.--The term ``stakeholder group'' means a group of individuals and organizations that-- (A) is committed to disability inclusive and older adult inclusive disaster management; (B) includes covered individuals throughout preparedness, response, recovery, and mitigation activities; (C) has leaders that include covered individuals; (D) has a governing or advisory board, of which at least half of the members are covered individuals; and (E) has a mission to inclusively serve covered individuals. (c) Authority for Grants.--The Secretary may award grants, on a competitive basis, to eligible entities, to provide for-- (1) activities that include covered individuals in the preparation (including planning) for, response to, recovery from, and mitigation of disasters; and (2) except as described in subsection (d)(2), research related to disasters and covered individuals. (d) Amount and Period of Grants.-- (1) Amount.--In awarding grants under this section, the Secretary shall, to the extent practicable, award a grant to an eligible entity in an amount that is not less than $2,500,000 and not more than $10,000,000. (2) Distribution.--The Secretary shall award not fewer than 2 of the grants in each of the 10 Federal regions of the Department of Health and Human Services. At least 1 grant in each region shall be awarded to an eligible entity exclusively to conduct training and technical assistance described in paragraphs (1) and (2) of subsection (a). (3) Periods.--The Secretary shall award the grants for periods of 5 years, through an open competition held at the end of each 5-year period. Eligible entities that receive grants under this section may reapply for such grants at the end of the periods. (e) Applications.-- (1) Submissions.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents.--Each such application shall include, at a minimum, the following: (A) A description of the applicant's demonstrated experience in providing training, information, and support to individuals with disabilities in preparing for, responding to, recovering from, and mitigating disasters. (B) A description of the applicant's demonstrated experience in providing training, information, and support to older adults in preparing for, responding to, recovering from, and mitigating disasters. (C) A description of the applicant's demonstrated experience in working with Federal, State, local, Tribal, and territorial government agencies in preparing for, responding to, recovering from, and mitigating disasters. (D) A description of the steps the applicant, acting through the center, will take to target services to low-income individuals and individuals identified as disproportionately affected in disasters, including those individuals at greatest risk of institutionalization. (E) An assurance that the applicant, acting through the center, will-- (i) work with State, local, Tribal, and territorial disaster relief, public health, and social service agencies to determine the best means for delivery of services to address the needs of covered individuals; (ii) assist in establishing State, local, Tribal, and territorial disaster plans to address the needs of both rural and urban populations; (iii) in carrying out activities under the grant, conduct sufficient outreach to centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (iv) include covered individuals in a meaningful way in the development and execution of activities carried out under the grant; (v) provide adequate staff, including staff who are individuals with disabilities, to carry out the activities under the grant; and (vi) communicate information on the programs and systems developed under the grant, in accessible formats and languages, including American Sign Language, of the communities being served. (f) Priority.--In awarding grants for activities described in this section, the Secretary shall give priority to eligible entities that-- (1) demonstrate a minimum of 3 years of experience in actively conducting disability inclusive and older adult inclusive disaster management; (2) propose activities to address the preparedness, response, recovery, and mitigation needs of covered individuals; (3) propose activities to address leadership development in State, local, Tribal, and territorial agencies and covered individual advocacy organizations; (4) includes covered individuals in positions of leadership in the planning, management, and operation of the activities carried out under this section; (5) demonstrate ability to provide training that prevents bias due to disability or age, and that uses experiential approaches and does not rely on simulations; (6) demonstrate expertise concerning the obligation to prevent discrimination against covered individuals on the basis of disability and age in programs and provide activities and specific plans for achieving and maintaining physical access, program access, and effective communication for covered individuals throughout all grant activities; (7) demonstrate that the eligible entity involved will use measurable collaboration and partnership strategies with State, local, Tribal, and territorial agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (8) demonstrate that the eligible entity will use measurable disaster outcomes strategies in carrying out grant activities; (9) demonstrate the ability to quickly create products, such as videos, fact sheets, guidelines, and checklists, to be used in disaster management; (10) employ constituents of the entity in decisionmaking positions; (11) provide disability inclusive and older adult inclusive disaster management leadership skills development; (12) demonstrate awareness of available resources in the community for meeting the preparedness, response, recovery, and mitigation needs of covered individuals; and (13) demonstrate expertise in promoting the use of universal design (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)), the philosophy of independent living (within the meaning of that philosophy in title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.)), intersectionality imperatives, and the social model of disability. (g) Use of Funds.-- (1) In general.--Grant funds made available under this section shall be used only for activities described in and approved by the Secretary as a part of an application submitted under subsection (e), to carry out-- (A) a strategy designed to ensure the inclusion of covered individuals in the preparation (including planning) for, response to, recovery from, and mitigation of disasters; and (B) research to enhance the activities described in subparagraph (A), using not more than 25 percent of the grant funds to carry out that research. (2) Activities.--Such activities may include initiatives that provide comprehensive training, technical assistance, development of funding sources, and support to State, local, Tribal, and territorial disaster relief, public health, and social service agencies and stakeholder groups, in order to ensure that, in carrying out disaster management planning and programs, the agencies and groups address the inclusion, civil rights, and needs of covered individuals by-- (A) hiring personnel with direct knowledge of and experience with meeting the civil rights of covered individuals to be free from discrimination on the basis of disability or age in programs and activities; (B) training staff of State, local, Tribal, and territorial disaster relief, public health, and social service agencies on the needs and civil right of covered individuals, preferably through training by experts who are, collectively, individuals with disabilities and older adults; (C) creating partnerships between eligible entities, State, local, Tribal, and territorial disaster relief, public health, and social service agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (D) assisting in the development and implementation, in partnership with State, local, Tribal, and territorial disaster relief, public health, and social service agencies, of plans that will provide for a continuum of services to remove barriers to full engagement for covered individuals during a disaster and in preparedness (including planning) for, response to, recovery from, and mitigation of a disaster; (E) assisting in the creation of standards and identification of funding sources for rebuilding disaster-damaged housing and new housing that is accessible, affordable, and disaster-resilient; (F) assisting in the creation of standards for homeowner and flood insurance coverage for rebuilding disaster-damaged housing and new housing that is accessible, affordable, and disaster-resilient; (G) establishing universal design and accessibility standards, and establishing specifications for visitability (based on the visitability standards), for achieving and maintaining equal access for covered individuals throughout all hazard mitigation and disaster resilience activities; (H) establishing initiatives to increase new and transferred technology and innovations to solve notification, evacuation, health maintenance, and other barriers for covered individuals before, during, and after disasters; and (I) conducting research, in partnership with covered individuals, that will contribute to knowledge and strategies to-- (i) decrease injuries, deaths, and harm to covered individuals; (ii) create inclusive disaster preparedness, recovery, response, and mitigation strategies for State, local, Tribal, and territorial agencies, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals; (iii) preserve community living options and access to needed services and supports for covered individuals during post-disaster periods; and (iv) conduct longitudinal studies that create and maintain datasets to assist in the understanding of Federal, State, local, Tribal, and territorial policies designed to reduce the negative impact of disasters on covered individuals and protect the civil right of covered individuals to be free from discrimination on the basis of disability or age in programs and activities. (3) Standards and guidelines.--The Secretary shall establish standards and guidelines for activities supported by a grant under this section. Such standards and guidelines shall be developed with the input of stakeholder groups. In a situation in which a refinement or adaptation of the standards or guidelines is made necessary by a local circumstance, the Secretary shall enter into negotiations with an eligible entity applying for such a grant for a project in the affected area, to refine or adapt the standards and guidelines for the project. (h) Individual Rights.--Notwithstanding any other provision of this section, no entity, agency, or group assisted under this section shall take any action that infringes in any manner on the civil right of covered individuals to be free from discrimination on the basis of disability or age in programs and activities. (i) Reports.--Not later than January 31 of fiscal years 2026 and 2028, the Secretary shall submit to Congress a report describing the activities carried out under this section during the preceding 2 fiscal years. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2024 through 2028. SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an entity or partnership of entities that-- (A) submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require; (B) is or includes an institution (which may be an institution of higher education), or a nongovernmental organization, that focuses on-- (i) serving the needs of individuals with disabilities; or (ii) serving the needs of older adults; (C) in the case of an entity or partnership with a disability focus, has a cross-disability service focus; (D) has experience in conducting training, technical assistance, and research pertaining to consumer-directed community support services for covered individuals; (E) includes covered individuals in positions of leadership in the planning, management, and operation of the programs of training, technical assistance, and research; (F) has knowledge and experience pertaining to the implementation and enhancement of systemic and effective engagement policies, programs, and activities that promote the inclusion, needs, and civil right of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (G) has, or will establish, an advisory council or similar entity, of which at least 51 percent of the members are covered individuals. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 6(b). (b) Grants, Contracts, and Cooperative Agreements.-- (1) In general.--The Secretary shall award grants to, or enter into contracts or cooperative agreements with, eligible entities on a competitive basis to carry out projects of national significance that-- (A) create opportunities for individuals with disabilities and older adults to directly contribute to improving preparation for, recovery from, response to, and mitigation of disasters; (B) support the development of State, local, Tribal, and territorial policies that reinforce and promote the inclusion of individuals with disabilities and older adults in Federal, State, local, Tribal, and territorial community preparation for disasters; and (C) support research that-- (i) tracks, in the short-term and long- term, the effects of disasters on individuals with disabilities and older adults; (ii) identifies evidence-based practices that enhance inclusion of individuals with disabilities and older adults to participate in and lead preparation for disasters at Federal, State, local, Tribal, and territorial levels; (iii) leads to the creation of strategies and procedures to implement community level practices that decrease deaths, injuries, and harm resulting from disasters to individuals with disabilities and older adults; (iv) contributes to the protection of the civil right of covered individuals with disabilities and older adults to be free from discrimination on the basis of disability or age in programs and activities, and self- determination of those individuals and adults, while also promoting their safety and well- being during and following disasters; (v) contributes to the development of Federal, State, local, Tribal, and territorial policies that enhance collaboration among governmental entities, centers for independent living, VOADs, and other nongovernmental organizations, including organizations that represent and are comprised of covered individuals, to improve the inclusion of covered individuals in preparation for, response to, recovery from, and mitigation of disasters; and (vi) contributes to other efforts, as determined by the Secretary, to advance the purposes of this section. (2) Amount, quantity, and duration.--In awarding grants or entering into contracts or cooperative agreements under this section, the Secretary shall-- (A) to the extent practicable, ensure that each such grant, contract, or cooperative agreement is for an amount that is not less than $2,500,000 and not more than $10,000,000; (B) award or enter into not less than 4 grants, contracts, or cooperative agreements; and (C) ensure that each such grant, contract, or cooperative agreement is for a period of not less than 3 years and not more than 5 years. SEC. 8. CRISIS STANDARDS OF CARE AND CIVIL RIGHTS LAWS. (a) Standards of Care.--States and local governmental entities shall develop crisis standards of care for implementation during the period of a disaster or public health emergency pursuant to the nondiscrimination requirements under-- (1) section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and (2) section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116). (b) Inclusions.--In developing and implementing crisis standards of care in accordance with subsection (a), States and local governmental entities shall comply with: (1) The crisis standards of care described in the guidance issued by the Office for Civil Rights of the Department of Health and Human Services entitled ``Bulletin: Civil Rights, HIPAA, and the Coronavirus Disease 2019 (COVID-19)'' and dated March 28, 2020, and any best practices developed by the Office of Civil Rights pursuant to such guidance. (2) The following requirements: (A) States and local governmental entities may not develop or implement potentially discriminatory policies that negatively affect covered individuals or children. Such policies may address the application of crisis standards of care in resource-constrained settings during disasters and public health emergencies. (B) During disasters and public health emergencies, civil rights may not be suspended or waived. (C) Crisis standards of care shall reflect that every human being has fundamental and inherent dignity, equity, and worth, and has a right to be treated equally and fairly in the provision of health care services under Federal civil rights laws. (D) Crisis standards of care shall be sufficiently clear to allow practitioners to apply such standards of care, especially when stewarding of scare resources means withholding or withdrawing critical care services. Such standards of care shall reflect the values, wishes, and interest of all patients, especially covered individuals and children. (E) States and local governmental entities shall partner with, and work to ensure strong public engagement of, community and provider stakeholders, with particular attention to the needs of covered individuals and children. (F) States and local governmental entities shall use ethically and clinically sound planning to secure equitable allocation of resources and fair protections for covered individuals and children. (G) States and local governmental entities shall develop specific response measures to meet the needs of covered individuals and children. (H) States and local governmental entities shall seek to eliminate the use of class, race, ethnicity, neighborhood, disability, and age in decisions relating to access of care. SEC. 9. NATIONAL ADVISORY COMMITTEE ON INDIVIDUALS WITH DISABILITIES AND DISASTERS. Section 2811C of the Public Health Service Act (42 U.S.C. 300hh- 10d) is amended-- (1) in subsection (c)-- (A) in paragraph (1), in the first sentence, by striking ``17 members'' and inserting ``45 members''; (B) in paragraph (2), by adding at the end the following: ``(N) 11 members, representing the disability community and reflecting the diverse characteristics of its members, who shall-- ``(i) represent individuals with disabilities with a wide variety of disaster experiences, including cross-disability representation; ``(ii) be geographically diverse; ``(iii) be ethnically and racially diverse; ``(iv) be of diverse ages, and include older adults; ``(v) represent both genders, and include members that represent a variety of sexual orientations and gender identities; ``(vi) include veterans; and ``(vii) be linguistically diverse. ``(O) 1 representative from each of-- ``(i) a coastal State emergency management agency with an employee in a position with established duties relating to integration of individuals with disabilities or to addressing access and functional needs; ``(ii) a noncoastal State emergency management agency with an employee in a position described in clause (i); ``(iii) a Tribal emergency management agency with an employee in a position described in clause (i); ``(iv) a territorial emergency management agency with an employee in a position described in clause (i); ``(v) a nongovernmental organization providing disaster preparedness and response services; ``(vi) a local urban disaster management entity, which representative has disability inclusive emergency management experience; ``(vii) a local rural disaster management entity, which representative has disability inclusive emergency management experience; ``(viii) a local disability organization with a cross-disability focus; ``(ix) a State disability organization with a cross-disability focus; ``(x) a national disability organization with a cross-disability focus; ``(xi) a national older adults organization; ``(xii) the Council of the Inspectors General on Integrity and Efficiency; ``(xiii) a low-income housing organization, who has expertise in the civil rights of disaster-affected covered individuals; and ``(xiv) a representative of a legal services agency with expertise in the civil rights of disaster-affected covered individuals. ``(P) The Secretary of Transportation. ``(Q) The Director of Disability Policy for the Domestic Policy Council.''; and (C) by adding at the end the following: ``(3) Definitions.--In this subsection, the terms `access and functional needs', `civil rights', `covered individual', `disability inclusive emergency management experience', `disaster', `individuals with disabilities', `older adult', and `State' have the meanings given the terms in section 4 of the REAADI for Disasters Act.''; (2) by redesignating subsection (g) as subsection (h); (3) by inserting after subsection (f) the following: ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2024 through 2027.''; and (4) in subsection (h), as so redesignated-- (A) in paragraph (1), by striking ``on September 30, 2023'' and inserting ``4 years after the date of enactment of the REAADI for Disasters Act''; and (B) in paragraph (2), by striking ``October 1, 2022'' and inserting ``2 years after the date of enactment of the REAADI for Disasters Act''. SEC. 10. REVIEW OF SETTLEMENT AGREEMENTS RELATED TO DISASTERS AND INDIVIDUALS WITH DISABILITIES AND OLDER ADULTS. (a) Definitions.--In this section: (1) Chief of the disability rights section.--The term ``Chief of the Disability Rights Section'' means the Chief of the Disability Rights Section of the Civil Rights Division of the Department of Justice. (2) Committee.--The term ``Committee'' means the Disability and Disaster Preparedness Advisory Committee established under subsection (b). (3) Covered committee of congress.--The term ``covered committee of Congress'' means-- (A) the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure, the Committee on Education and the Workforce, and the Committee on Energy and Commerce of the House of Representatives. (4) Covered settlement agreement.--The term ``covered settlement agreement'' means a settlement agreement-- (A) entered into by the United States during the period beginning on January 1, 2005, and ending on the first December 31 after the date of enactment of this Act; and (B) that relates to a potential violation of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) in connection with the preparation for, response to, recovery from, or mitigation of a disaster. (b) Establishment of Committee.--There is established an advisory committee, to be known as the ``Disability and Disaster Preparedness Advisory Committee'' to review covered settlement agreements. (c) Membership.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall appoint the members of the Committee, which shall include-- (A) employees of the Department of Justice; and (B) not less than 3 disability rights advocates who-- (i) are not employees of the Federal Government; (ii) are individuals with disabilities; and (iii) have disability inclusive emergency management experience. (2) Period of appointment; vacancies.-- (A) In general.--A member of the Committee shall be appointed for the life of the Committee. (B) Vacancies.--Any vacancy in the Committee-- (i) shall not affect the powers of the Committee; and (ii) shall be filled in the same manner as the original appointment. (3) Chairperson and vice chairperson.--The members of the Committee shall elect a Chairperson and a Vice Chairperson from among the members, not less than 1 of whom shall be a member appointed under paragraph (1)(B). (4) Meetings.-- (A) In general.--The Committee shall meet at the call of the Chairperson. (B) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (d) Duties.--The Committee shall-- (1) conduct a review of each covered settlement agreement; (2) review annual reports and recommendations provided to each covered committee of Congress relating to addressing the needs of covered individuals in the preparation for, response to, recovery from, or mitigation of a disaster; (3) not later than 1 year after the date of enactment of this Act, submit a report containing the findings and recommendations of the Committee to-- (A) each covered committee of Congress; (B) any other entity of Congress with jurisdiction over matters relating to addressing the needs of covered individuals in the preparation for, response to, recovery from, or mitigation of a disaster; (C) the Attorney General; (D) the Secretary of Education; (E) the Secretary of Homeland Security; (F) the Secretary of Health and Human Services; (G) the Secretary of Transportation; and (H) the President, through the Director of Disability Policy for the Domestic Policy Council; and (4) provide the comments and recommendations described in section 10(b)(2). (e) Powers of Committee.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out this section. (2) Information from federal agencies.-- (A) In general.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section. (B) Furnishing information.--On request of the Chairperson of the Committee, the head of the department or agency shall furnish the information to the Committee. (C) Disability rights section.--The Chief of the Disability Rights Section shall submit to the Committee a report on the oversight of covered settlement agreements a sufficient period of time before the date specified in subsection (d)(3) to allow the Committee to review the report and include the report of the Chief of the Disability Rights Section in the report of the Committee under subsection (d)(3). (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (f) Committee Personnel Matters.-- (1) Compensation of members.-- (A) In general.--A member of the Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee. (B) Federal members.--A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to that received for service as an officer or employee of the United States. (2) Travel expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform the duties of the Committee, except that the employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. (g) Termination of Committee.--The Committee shall terminate 90 days after the date on which the Committee submits the report required under subsection (d)(3). (h) Reports by Disability Rights Section.--On and after the date on which the Committee submits the report required under subsection (d)(3), the Chief of the Disability Rights Section shall publish an annual report on the oversight of settlement agreements relating to disaster preparation, response, recovery, and mitigation activities. SEC. 11. GAO REPORT ON PAST USE OF DISASTER FUNDS. (a) Investigation.--Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall begin to conduct an investigation of whether, on or after January 1, 2005, Federal agencies have complied with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), in expending Federal funds to prepare for, respond to, recover from, or mitigate disasters, including whether and, if so, how such funds were used to ensure accessibility to services and supports for individuals with disabilities and older adults. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall, in accordance with paragraph (2), issue a report on the investigation conducted under subsection (a), along with recommendations for remediation of any misexpenditures identified. (2) Review.-- (A) In general.--Prior to issuing the report under paragraph (1), the Comptroller General shall obtain comments and recommendations on a draft version of the report, including the recommendations described in subparagraph (B), from the National Advisory Committee on Individuals with Disabilities and Disasters established under section 2811C of the Public Health Service Act (42 U.S.C. 300hh-10d) and the Disability and Disaster Preparedness Advisory Committee established under section 9(b) (referred to in this paragraph as the ``Committees''), and any other agency determined appropriate by the Secretary. (B) Committee recommendations on additional sources.--The recommendations obtained under subparagraph (A) shall include recommendations from the Committees regarding additional sources the Comptroller General may interview for purposes of the investigation under subsection (a). &lt;all&gt; </pre></body></html>
[ "Emergency Management" ]
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118S105
Children Have Opportunities in Classrooms Everywhere Act
[ [ "L000577", "Sen. Lee, Mike [R-UT]", "sponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "W000437", "Sen. Wicke...
<p><b>Children Have Opportunities in Classrooms Everywhere Act</b></p> <p>This bill allows tax-exempt distributions from qualified tuition programs (known as 529 plans) to be used for additional educational expenses in connection with elementary or secondary school. The bill also allows certain federal funds for elementary and secondary education to follow a student from a low-income household to the public school that the student attends or for tax-exempt educational expenses.</p> <p>Under current law, tax-exempt distributions in connection with elementary or secondary school are limited to tuition for a public, private, or religious school. The bill allows these distributions to be used additionally for</p> <ul> <li>curriculum and curricular materials, </li> <li>books or other instructional materials, </li> <li>online educational materials, </li> <li>tutoring or educational classes outside the home, </li> <li>testing fees, </li> <li>fees for dual enrollment in an institution of higher education, and </li> <li>educational therapies for students with disabilities.</li> </ul> <p>Distributions may also be used for tuition and the purposes above in connection with a home school (whether treated as a home school or a private school under state law).</p> <p>In addition, the bill directs state educational agencies to allocate grant funds to ensure the funding follows students to their public school or for other tax-exempt educational expenses outlined by the bill. Each state that carries out these allocations must establish a plan that allows the parent or guardian of an eligible child to apply for grant funds.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 105 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 105 To have education funds follow the student. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Lee (for himself, Mr. Tuberville, Mr. Budd, Mr. Scott of Florida, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To have education funds follow the student. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Have Opportunities in Classrooms Everywhere Act''. SEC. 2. FEDERAL FUNDING UNDER THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 TO FOLLOW THE STUDENT. Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended by adding at the end the following: ``PART H--FUNDS TO FOLLOW THE STUDENT ``SEC. 8701. FUNDS TO FOLLOW THE STUDENT. ``(a) Definitions.--In this section: ``(1) 529 education savings plan account.--The term `529 education savings plan account' means a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986). ``(2) Eligible child.--The term `eligible child' means a child who is from a household, the taxable income of which for the most recently completed taxable year is not more than 130 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. ``(3) Home school.--The term `home school' means a home school as defined by the laws of the State in which the eligible child resides. ``(b) Funds To Follow the Student.-- ``(1) In general.--Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency shall allocate grant funds provided under title I, subparts 2 and 3 of part B of title II, and titles III, IV, V, and VI, for the purposes of ensuring that funding under such titles follows children, to the public school the children attend or for the expenses described in section 529(c)(7) of the Internal Revenue Code of 1986. ``(2) Plan.-- ``(A) In general.--Each State that carries out allocations described in paragraph (1) shall establish a plan that complies with the following: ``(i) The parent or guardian of each eligible child in the State who desires access to the funds described in paragraph (1) shall annually submit to the State educational agency by not later than April 30, a paper or electronic application form that includes the following: ``(I) The parent or guardian's taxable income based on the Federal tax return of the parent or guardian for the prior tax year. ``(II) The eligible child's date of birth, place of residence, school district, and school in which the eligible child will be enrolled for the subsequent school year. ``(III) If the eligible child will be enrolled in a private school or home school for the subsequent school year, confirmation that the eligible child has a 529 education savings plan account, including the necessary details of such account to enable the State to deposit funds available under this section into such account. ``(ii) Not later than May 14 of each year, the State educational agency shall submit to the Secretary the application forms for all applicants under clause (i). ``(iii) Not later than July 1 of each year and based on the information submitted under clause (i), the State educational agency shall-- ``(I) if the eligible child will be enrolled in a private school or home school for the subsequent school year, deposit the amount equal to the concentration distribution and basic distribution applicable for the eligible child under subparagraphs (B) and (C) of subsection (c)(2), into the 529 education savings plan account of the eligible child; and ``(II) if the eligible child will be enrolled in a public school for the subsequent school year, distribute the amount equal to the concentration distribution and basic distribution applicable for the eligible child under subparagraphs (B) and (C) of subsection (c)(2), to such public school. ``(B) Data collection.--Information collected under this section by the State shall be used for the sole purposes of calculating the allocation of funds and distribution of funds under this section. ``(C) Data privacy protection.--Information collected under this section shall be subject to the privacy protections outlined in section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the `Family Educational Rights and Privacy Act of 1974'). ``(c) Calculation of Amounts To Be Distributed.-- ``(1) In general.--From the amounts provided to carry out title I, subparts 2 and 3 of part B of title II, and titles III, IV, V, and VI, and based on the information submitted by State educational agencies under subsection (b)(2)(A)(ii), the Secretary shall-- ``(A) determine the eligibility based on the information provided under subsection (b)(2)(A)(i) and verify that the child for whom the information is submitted is an eligible child; ``(B) determine the income bracket for such eligible child; and ``(C) make grants to State educational agencies in the amount determined under paragraph (2) by not later than 30 days after the date the Secretary receives the information under subsection (b)(2)(A)(ii). ``(2) Amount of grants.-- ``(A) In general.--The grant amount provided to a State educational agency shall be equal to the total distribution amount determined under subparagraphs (B) and (C) for all eligible children in the State. ``(B) Concentration distribution.--An eligible child who is from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, shall receive a concentration distribution according to the following: ``(i) If the eligible child resides in an area served by a school district in which not less than 1 percent and not more than 9 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $50. ``(ii) If the eligible child resides in an area served by a school district in which not less than 10 percent and not more than 19 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $100. ``(iii) If the eligible child resides in an area served by a school district in which not less than 20 percent and not more than 29 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $150. ``(iv) If the eligible child resides in an area served by a school district in which not less than 30 percent and not more than 39 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $200. ``(v) If the eligible child resides in an area served by a school district in which not less than 40 percent and not more than 49 percent of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $250. ``(vi) If the eligible child resides in an area served by a school district in which 50 percent or more of the elementary school and secondary school students are from a household, the taxable income of which for the most recently completed taxable year is not more than 100 percent of an amount equal to the poverty level, as measured by the most recent Small Area Income and Poverty Estimates of the Bureau of the Census, the eligible child shall receive $300. ``(C) Basic distribution.--In addition to a concentration distribution under subparagraph (B), an eligible child shall receive a basic distribution based on the income bracket applicable for such eligible child and according to a formula established by the Secretary in which benefits are flat for everyone at or below 100 percent of the Federal poverty level and decrease at an even rate from 100 percent to 130 percent of the Federal poverty level. ``(d) Notification of Availability of Funds.--Not later than 100 days after the date of enactment of the Children Have Opportunities in Classrooms Everywhere Act, and annually for each of the 5 years thereafter, each State that carries out allocations described in subsection (b)(1) shall inform each parent or guardian of a child eligible for assistance under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or the program of block grants for 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.) of the availability of assistance under this section. ``(e) Application of Participation of Children Enrolled in Private Schools.--The provisions of section 1117 shall apply to this section. ``(f) Rule of Construction.-- ``(1) Federally funded school food programs.--Nothing in this section shall be construed to preclude a child eligible for assistance under the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) from receiving assistance under such program. ``(2) Prohibition of control over non-public education providers.--Nothing in this section shall permit, allow, encourage, or authorize Federal or State control over non- public education providers.''. SEC. 3. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY AND SECONDARY EXPENSES. (a) In General.--Section 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: ``(7) Treatment of elementary and secondary tuition and resources.--Any reference in this section to the term `qualified higher education expense' shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: ``(A) Tuition. ``(B) Curriculum and curricular materials. ``(C) Books or other instructional materials. ``(D) Online educational materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 4. INCREASED ADDITIONAL TAX ON GRANTS NOT USED FOR EDUCATIONAL PURPOSES. Section 529(c)(6) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``The tax'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), the tax'', and (2) by adding at the end the following new subparagraph: ``(B) Increased tax on amounts attributable to certain grants.-- ``(i) In general.--In the case of any distribution from a qualified contribution program that includes amounts attributable to a qualified grant-- ``(I) section 530(d)(4) shall be applied separately to amounts attributable to qualified grants and to other amounts, and ``(II) in applying such section to amounts attributable to qualified grants, such section shall be applied by substituting `100 percent' for `10 percent'. ``(ii) Attribution rules.--For purposes of this subparagraph-- ``(I) any earnings on contributions from a qualified grant shall not be treated as attributed to a qualified grant, and ``(II) distributions from a qualified tuition program described in clause (i) shall be treated as distributed first from amounts other than amounts attributable to a qualified grant and then from amounts attributable to a qualified grant. ``(iii) Qualified grant.--For purposes of this subparagraph, the term `qualified grant' means any grant under section 8701 of the Elementary and Secondary Education Act of 1965.''. &lt;all&gt; </pre></body></html>
[ "Education", "Academic performance and assessments", "Bank accounts, deposits, capital", "Education of the disadvantaged", "Education programs funding", "Elementary and secondary education", "Higher education", "Income tax exclusion", "Special education", "Student aid and college costs", "Teachi...
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118S1050
Protect American Power Infrastructure Act
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1050 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1050 To secure the bulk-power system in the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Scott of Florida (for himself, Mr. Rubio, Mr. Marshall, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To secure the bulk-power system 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 ``Protect American Power Infrastructure Act''. SEC. 2. SECURING THE BULK-POWER SYSTEM. (a) Definitions.--In this section: (1) Bulk-power system.-- (A) In general.--The term ``bulk-power system'' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (B) Inclusion.--The term ``bulk-power system'' includes transmission lines rated at 69,000 volts (69 kV) or higher. (2) Covered equipment.--The term ``covered equipment'' means items used in bulk-power system substations, control rooms, or power generating stations, including-- (A)(i) power transformers with a low-side voltage rating of 69,000 volts (69 kV) or higher; and (ii) associated control and protection systems, such as load tap changers, cooling systems, and sudden pressure relays; (B)(i) generator step-up (GSU) transformers with a high-side voltage rating of 69,000 volts (69 kV) or higher; and (ii) associated control and protection systems, such as load tap changers, cooling systems, and sudden pressure relays; (C) circuit breakers operating at 69,000 volts (69 kV) or higher; (D) reactive power equipment rated at 69,000 volts (69 kV) or higher; and (E) microprocessing software and firmware that-- (i) is installed in any equipment described in subparagraphs (A) through (D); or (ii) is used in the operation of any of the items described in those subparagraphs. (3) Critical defense facility.-- (A) In general.--The term ``critical defense facility'' means a facility that-- (i) is critical to the defense of the United States; and (ii) is vulnerable to a disruption of the supply of electric energy provided to that facility by an external provider. (B) Inclusion.--The term ``critical defense facility'' includes a facility designated as a critical defense facility by the Secretary of Energy under section 215A(c) of the Federal Power Act (16 U.S.C. 824o-1(c)). (4) Critical electric infrastructure.--The term ``critical electric infrastructure'' has the meaning given the term in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a)). (5) Defense critical electric infrastructure.--The term ``defense critical electric infrastructure'' has the meaning given the term in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a)). (6) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (7) Foreign adversary.--The term ``foreign adversary'' means any foreign government or foreign nongovernment person engaged in a long-term pattern or serious instances of conduct significantly adverse to-- (A) the national security of-- (i) the United States; or (ii) allies of the United States; or (B) the security and safety of United States persons. (8) Person.--The term ``person'' means an individual or entity. (9) Procurement.--The term ``procurement'' means the process of acquiring, through purchase, by contract and through the use of appropriated funds, supplies or services, including installation services, by and for the use of the Federal Government. (10) Transaction.--The term ``transaction'' means the acquisition, importation, transfer, or installation of any bulk-power system electric equipment by any person, or with respect to any property, subject to the jurisdiction of the United States. (11) United states person.--The term ``United States person'' means-- (A) an individual who is-- (i) a citizen of the United States; or (ii) an alien lawfully admitted for permanent residence in the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; and (C) any person in the United States. (b) Prohibition.-- (1) In general.--Except as otherwise provided in this subsection, no person that is the owner or operator of defense critical electric infrastructure may engage in any transaction relating to that defense critical electric infrastructure that involves any covered equipment in which a foreign adversary has an ownership or any other interest, including through an interest in a contract for the provision of the covered equipment, over which a foreign adversary has control, or with respect to which a foreign adversary exercises influence, including any transaction that-- (A) is initiated after the date of enactment of this Act; and (B) the Secretary of Energy, in coordination with the Director of the Office of Management and Budget and in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, determines-- (i) involves covered equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and (ii) poses an undue risk of catastrophic effects on the security or resiliency of defense critical electric infrastructure in the United States. (2) Mitigation measures.-- (A) In general.--The Secretary of Energy, in consultation with the heads of other Federal agencies, as appropriate, may-- (i) in accordance with subparagraph (B), approve a transaction or class of transactions prohibited under paragraph (1); and (ii) design or negotiate measures to mitigate any concerns identified in making determinations under paragraph (1)(B) with respect to that transaction or class of transactions. (B) Precondition to approval of otherwise prohibited transaction.--The Secretary of Energy shall implement the measures described in subparagraph (A)(ii) before approving a transaction or class of transactions that would otherwise be prohibited under paragraph (1). (3) Application.-- (A) In general.--The prohibition described in paragraph (1) shall apply to a transaction described in that paragraph regardless of whether-- (i) a contract has been entered into with respect to that transaction before the date of enactment of this Act; or (ii) a license or permit has been issued or granted with respect to that transaction before the date of enactment of this Act. (B) Contrary law.--The prohibition described in paragraph (1) shall apply to each transaction described in that paragraph only to the extent not otherwise provided by-- (i) another statute; or (ii) a regulation, order, directive, or license issued pursuant to this section. (4) Prequalification.-- (A) In general.--The Secretary of Energy, in consultation with the heads of other Federal agencies, as appropriate, may-- (i) establish and publish criteria for recognizing particular covered equipment and particular vendors in the market for covered equipment as prequalified for future transactions; and (ii) apply those criteria to establish and publish, and update, as necessary, a list of prequalified equipment and vendors. (B) Savings provision.--Nothing in this paragraph limits the authority of the Secretary of Energy under this subsection to prohibit or otherwise regulate any transaction involving prequalified equipment or vendors. (c) Implementation.-- (1) Implementation by the secretary of energy.--The Secretary of Energy shall take such actions as the Secretary determines to be necessary to implement this section, including-- (A) directing the timing and manner of the cessation of pending and future transactions prohibited under subsection (b)(1); (B) adopting appropriate rules and regulations; and (C) exercising any applicable power granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and delegated to the Secretary. (2) Required rulemaking.-- (A) In general.--Not later than 150 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, shall issue rules or regulations to implement this section. (B) Authority.--A rule or regulation issued under subparagraph (A) may-- (i) determine that particular countries or persons are foreign adversaries exclusively for the purposes of this section; (ii) identify persons owned by, controlled by, or subject to the jurisdiction or direction of, foreign adversaries exclusively for the purposes of this section; (iii) identify particular equipment or countries with respect to which transactions involving covered equipment warrant particular scrutiny under this section; and (iv) identify a mechanism and relevant factors for the negotiation of agreements to mitigate concerns identified in making determinations under subsection (b)(1)(B). (3) Identification of certain equipment.--As soon as practicable after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, shall-- (A) identify existing covered equipment that-- (i) is designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and (ii) poses an undue risk of catastrophic effects on the security or resiliency of critical electric infrastructure in the United States; and (B) develop recommendations on ways to identify, isolate, monitor, or replace any covered equipment identified under subparagraph (A) as soon as practicable. (4) Coordination and information sharing.--The Secretary of Energy shall work with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of other appropriate Federal agencies, as determined by the Secretary of Energy, to protect critical defense facilities from national security threats through-- (A) the coordination of the procurement of energy infrastructure by the Federal Government; and (B) the sharing of risk information and risk management practices to inform that procurement. (5) Requirement.--This section shall be implemented-- (A) in a manner that is consistent with all other applicable laws; and (B) subject to the availability of appropriations. (d) Reports to Congress.--The Secretary of Energy shall submit to Congress periodic reports describing any progress made in implementing, or otherwise relating to the implementation of, this section. &lt;all&gt; </pre></body></html>
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118S1051
Protect Taxpayers’ Privacy Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ] ]
<p><strong>Protect Taxpayers' Privacy Act</strong></p> <p>This bill increases to $250,000 the criminal penalty for unauthorized disclosures of taxpayer information by federal employees and tax return preparers. It also lowers the evidentiary requirements for removal of employees from federal service who disclose tax return information without authorization.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1051 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1051 To amend title 5, United States Code, to lower the standard for removing employees who disclose tax return information without authorization, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title 5, United States Code, to lower the standard for removing employees who disclose tax return information without authorization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Taxpayers' Privacy Act''. SEC. 2. INCREASE OF PENALTY FOR UNAUTHORIZED DISCLOSURE OF TAXPAYER INFORMATION. (a) In General.--Paragraph (1) of section 7213(a) of the Internal Revenue Code of 1986 is amended by striking ``$5,000'' and inserting ``$250,000''. (b) Disclosures by Tax Return Preparers.--Subsection (a) of section 7216 of the Internal Revenue Code of 1986 is amended by striking ``$1,000 ($100,000 in the case of a disclosure or use to which section 6713(b) applies)'' and inserting ``$250,000''. (c) Effective Date.--The amendments made by this section shall apply to disclosures made on or after the date of the enactment of this Act. SEC. 3. REMOVAL. (a) In General.--Section 7701(c)(1)(A) of title 5, United States Code, is amended by inserting ``or in the case of an action involving a removal from the service for an alleged violation of section 7213(a)(1) of the Internal Revenue Code of 1986,'' after ``described in section 4303,''. (b) Rule of Construction.--The amendments made by subsection (a) may not be construed to permit an officer or employee of the United States to submit an appeal to the Merit Systems Protection Board if that individual is dismissed from office or discharged from employment upon conviction for a violation of section 7213(a)(1) of the Internal Revenue Code of 1986. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S1052
Administrative Pay-As-You-Go Act of 2023
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "M001183", "Sen. Manchin, Joe, III [D-WV]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1052 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1052 To increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun (for himself, Ms. Lummis, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Pay-As-You-Go Act of 2023''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``administrative action'' includes the issuance of a rule, demonstration, program notice, or guidance by an agency; (2) the term ``agency''-- (A) means-- (i) an ``Executive agency'', as defined under section 105 of title 5, United States Code; or (ii) a ``military department'', as defined under section 102 of title 5, United States Code; and (B) does not include the Government Accountability Office; (3) the term ``covered discretionary administrative action'' means a discretionary administrative action that would effect direct spending; (4) the term ``direct spending'' has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)); (5) the term ``Director'' means the Director of the Office of Management and Budget; (6) the term ``discretionary administrative action''-- (A) means any administrative action that is not required by statute; and (B) includes an administrative action required by statute for which an agency has discretion in the manner in which to implement the administrative action; and (7) the term ``increase direct spending'' means that the amount of direct spending would increase relative to-- (A) the most recently submitted projection of the amount of direct spending under current law under-- (i) the budget of the President submitted under section 1105 of title 31, United States Code; or (ii) the supplemental summary of the budget submitted under section 1106, of title 31, United States Code; (B) with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 4(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or (C) with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option that meets the requirements under the statute. SEC. 3. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) In May 2005, the Office of Management and Budget implemented a budget-neutrality requirement for executive branch administrative actions affecting direct spending. (2) This mechanism, commonly referred to as ``Administrative Pay-As-You-Go'', requires each agency to include 1 or more proposals for reducing direct spending whenever an agency proposes to undertake a discretionary administrative action that would increase direct spending. (3) In practice, however, agencies have applied this requirement with varying degrees of stringency, sometimes resulting in higher direct spending. (b) Purposes.--The purposes of this Act are to-- (1) institutionalize and reinvigorate Administrative Pay- As-You-Go to keep direct spending under control; (2) control Federal spending and restore the Nation's fiscal security; and (3) ensure that agencies consider the costs of their administrative actions, take steps to offset those costs, and curtail costly administrative actions. SEC. 4. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT EFFECT DIRECT SPENDING. (a) Discretionary Administrative Actions.-- (1) In general.--Before an agency may undertake any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the proposed covered discretionary administrative action, which shall include an estimate of the budgetary effects of the proposed covered discretionary administrative action. (2) Increasing direct spending.-- (A) In general.--If an agency proposes to take a covered discretionary administrative action that would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending comparable to the increase in direct spending attributable to the covered discretionary administrative action. (B) Review.-- (i) In general.--The Director shall have the discretion to determine whether the reduction in direct spending proposed by an agency under subparagraph (A) is comparable to the increase in direct spending attributable to the covered discretionary administrative action to which the proposal relates, taking into account the magnitude of the reduction and the increase and any other factors the Director determines appropriate. (ii) No offset.--If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending, the Director shall return the proposal to the agency for resubmission in accordance with this Act. (b) Nondiscretionary Actions.--If an agency determines that a proposed administrative action that would increase direct spending is required by statute and therefore is not a covered discretionary administrative action, before the agency takes further action with respect to the proposed administrative action, the head of the agency shall-- (1) submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion; and (2) consult with the Director regarding implementation of the proposed administrative action. (c) Projections.--Any projection for purposes of this Act shall be conducted in accordance with Office of Management and Budget Circular A-11, or any successor thereto. SEC. 5. ISSUANCE OF ADMINISTRATIVE GUIDANCE. Not later than 90 days after the date of enactment of this Act, the Director shall issue instructions regarding the implementation of this Act, including how proposed covered discretionary administrative actions that increase direct spending and non-tax receipts will be evaluated. SEC. 6. WAIVER. The Director may waive the requirements of section 4 if the Director concludes that the waiver is necessary-- (1) for the delivery of essential services; (2) for effective program delivery; or (3) because a waiver is otherwise warranted by the public interest. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S1053
IRS Customer Service Improvement Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1053 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1053 To amend title 5, United States Code, to limit the use of taxpayer funded union time for employees of the Internal Revenue Service, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title 5, United States Code, to limit the use of taxpayer funded union time for employees of the Internal Revenue 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 ``IRS Customer Service Improvement Act''. SEC. 2. LIMITATION ON TAXPAYER FUNDED UNION OFFICIAL TIME FOR INTERNAL REVENUE SERVICE EMPLOYEES. (a) In General.--Section 7131 of title 5, United States Code, is amended by adding at the end the following: ``(e) The authority provided under subsection (d) shall not apply with respect to the Internal Revenue Service, or an employee of the Internal Revenue Service, during the periods each year-- ``(1) beginning on February 12 and ending on May 5; and ``(2) beginning on September 1 and ending on November 1.''. (b) Conforming Amendment.--Section 7131(d) of title 5, United States Code, is amended, in the matter preceding paragraph (1), by striking ``preceding'' and inserting ``other''. (c) Application.--The amendments made by subsections (a) and (b) shall supersede the terms of any collective bargaining agreement (including a collective bargaining agreement that is in effect, as of the date of enactment of this Act) that are inconsistent with those amendments. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S1054
IRS Improper Payments Act
[ [ "B001310", "Sen. Braun, Mike [R-IN]", "sponsor" ] ]
<p> <strong>IRS Improper Payments Act </strong></p> <p>This bill directs the Internal Revenue Service (IRS) to establish annual targets for reducing improper tax payments (i.e., a tax credit or refund that should not have been made or was made in an incorrect amount). The IRS must designate an official responsible for meeting such reduction targets and develop recommendations and legislative proposals designed to reduce improper tax payments.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1054 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1054 To reduce improper payments and eliminate waste in Federal programs, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To reduce improper payments and eliminate waste in Federal 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 ``IRS Improper Payments Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that when the Internal Revenue Service makes payments to taxpayers, the Internal Revenue Services must make every effort to confirm that the right recipient is receiving the right payment for the right reason at the right time. (b) Purpose.--The purpose of this Act is to-- (1) reduce improper tax payments by the Internal Revenue Service-- (A) by intensifying efforts to eliminate payment error, waste, fraud, and abuse; and (B) by continuing to ensure that the Internal Revenue Service provides accessible taxpayer services; (2) adopt a comprehensive set of policies, including-- (A) transparency of significant improper tax payments; and (B) accountability for reducing improper tax payments; and (3) protect taxpayer services. SEC. 3. IMPROPER TAX PAYMENT DEFINED. For purposes of this Act, the term ``improper tax payment'' means any credit or refund of an overpayment of a tax imposed under the Internal Revenue Code of 1986 that should not have been made or that was made in an incorrect amount. SEC. 4. TRANSPARENCY. (a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary of the Treasury shall establish, in coordination with the Commissioner of Internal Revenue, annual targets for reducing improper tax payments made by the Internal Revenue Service. (b) Published Information.-- (1) In general.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary of the Treasury shall publish on the internet information about improper tax payments made by the Internal Revenue Service. (2) Contents.--The information published under paragraph (1) shall include, subject to Federal privacy policies and to the extent permitted by law-- (A) the name of the accountable official designated under section 5(a); (B) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of improper tax payments made by the Internal Revenue Service, including, if known and appropriate, the causes of the improper tax payments; (C) rates and amounts as of the date of enactment of this section, and historical rates and amounts, of the recovery of improper tax payments (estimated on the basis of applicable samples where appropriate); and (D) the annual targets for reducing improper tax payments. (c) Methodology.--The methodology used for identifying and measuring improper tax payments under this section shall meet the requirement of section 3352(c)(1)(A) of title 31, United States Code. (d) Links.--The Commissioner of Internal Revenue shall prominently display on the homepage of the website of the Internal Revenue Service a link to internet-based resources for addressing improper tax payments, including the information published under subsection (b)(1). SEC. 5. ACCOUNTABILITY AND COORDINATION. (a) Accountable Officials.--Not later than 120 days after the date of enactment of this section, the Commissioner of Internal Revenue shall designate an official to be accountable for meeting the reduction targets under section 4(a) without unduly burdening taxpayer services. (b) Report.-- (1) In general.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the official who is designated under subsection (a) shall provide the Director of the Office of Management and Budget and the appropriate congressional committees a report that includes-- (A) the methodology used for identifying and measuring improper tax payments under section 4(c); (B) the plans for meeting the reduction targets under section 4(a); and (C) the plans and supporting analysis for ensuring that initiatives undertaken in accordance with this title do not unduly burden taxpayer services. (2) Appropriate congressional committees.--For purposes of paragraph (1), the term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (c) Duties of Inspector General.--Not later than 60 days after the date on which the annual report required under subsection (b) is submitted, the Treasury Inspector General for Tax Administration shall-- (1) assess the level of risk for improper tax payments by the Internal Revenue Service; (2) determine the extent of oversight warranted (in addition to oversight requirements under section 3353 of title 31, United States Code); and (3) provide the Commissioner of Internal Revenue with recommendations, if any, for modifying the methodology, improper tax payment reduction plans, or taxpayer services. (d) Agency Failure.-- (1) In general.--If the Internal Revenue Service does not demonstrate an improvement in reducing improper tax payments, fails to develop a plan to meet reduction targets under subsection (b)(1)(B), or fails to implement the plans described in subsection (b)(1)(C) for not less than 2 consecutive years, the official designated under subsection (a) shall submit to the Commissioner of Internal Revenue, the Treasury Inspector General for Tax Administration, and the Chief Financial Officer of the Internal Revenue Service a report that-- (A) describe the likely causes of the lack or improvement or failure; and (B) proposes a remedial plan. (2) Review.--Annually, the Commissioner of Internal Revenue shall, with respect to a remedial plan proposed under paragraph (1)(B)-- (A) review the remedial plan; and (B) in consultation with the Treasury Inspector General for Tax Administration and Chief Financial Officer of the Internal Revenue Service, forward the remedial plan and any additional comments and analysis to the Director of the Office of Management and Budget. SEC. 6. POLICY PROPOSALS. (a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary of the Treasury, in consultation with the Commissioner of Internal Revenue and the Treasury Inspector General for Tax Administration, shall develop policy recommendations, including potential legislative proposals, designed to reduce improper tax payments, including improper tax payments caused by error, waste, fraud, and abuse, made by the Internal Revenue Service. (b) Inclusion.--The recommendations developed under subsection (a) shall be included, as appropriate, in the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2024 and each fiscal year thereafter. &lt;all&gt; </pre></body></html>
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118S1055
Airport Infrastructure Resilience Act of 2023
[ [ "M000133", "Sen. Markey, Edward J. [D-MA]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1055 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1055 To establish an airport infrastructure resilience pilot program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To establish an airport infrastructure resilience pilot 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 ``Airport Infrastructure Resilience Act of 2023''. SEC. 2. AIRPORT INFRASTRUCTURE RESILIENCE PILOT PROGRAM. (a) Establishment.-- (1) Establishment.-- (A) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to sponsors of airports to incentivize the planning and design and construction of projects that make improvements to infrastructure that is subject to, or that faces increased long-term future risks with respect to, the following: (i) Changing conditions, such as sea level rise or permafrost thaw. (ii) Weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, permafrost thaw, extreme weather, including extreme temperature, and earthquakes. (B) Clarification.--Projects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or services. (2) Consultation.--In establishing the pilot program under paragraph (1), the Secretary shall-- (A) engage in a public comment period; and (B) consult with-- (i) the Administrator of the Federal Aviation Administration; (ii) the Administrator of the Federal Emergency Management Agency; (iii) The Administrator of the National Oceanic Atmospheric Administration; and (iv) the Administrator of the National Aeronautics and Space Administration. (3) Considerations.--In awarding grants to sponsors under the pilot program under this section, the Secretary shall consider the following with respect to projects funded under the grant: (A) Whether the project is natural infrastructure or nature-based. (B) Whether the project is based on the best available science and engineering standards. (C) Whether the project will mitigate the airport's impact on the environment. (D) Other items determined appropriate by the Secretary. (4) Eligibility.--To be eligible to receive a grant under the pilot program under this section, a sponsor of an airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities regarding changing conditions, weather events, and natural disasters. (5) Reports to secretary.--A sponsor of an airport that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require. (b) Distribution for Regional Airports.--In conducting the pilot program under this section, the Secretary shall ensure that not less than 15 percent of the funds made available under subsection (e) is used to award grants to sponsors of regional airports. (c) Federal Share.--The United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code. (d) Requirements.--The construction work for a project funded with grant under the pilot program shall be subject to the requirements under section 47112 of title 49, United States Code. (e) Report to Congress.-- (1) In general.--Not later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include-- (A) a description of each project funded under the program, including the changing condition or weather event or natural disasters the project is addressing; (B) a description of the applications under the program; (C) recommendations to improve the administration of the program, including whether assistance from additional or fewer agencies to carry out the program is appropriate; (D) a description of the period required to disburse grant funds to sponsors based on applicable Federal coordination requirements; (E) a description of the facilities that repeatedly require repair or reconstruction due to weather events and natural disasters (as described in subsection (a)); and (F) other items determined appropriate by the Secretary. (2) Public availability.--The Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation. (f) Funding.--There is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended. (g) Definitions.--In this section: (1) Airport.--The term ``airport'' has the meaning given that term in section 40102 of title 49, United States Code. (2) Regional airport.--The term ``regional airport'' means a small hub airport, a nonhub airport, a nonprimary airport, and a reliever airport (as such terms are dined in section 47102 of title 49, United States Code). (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works", "Aviation and airports", "Climate change and greenhouse gases", "Congressional oversight", "Government information and archives", "Government studies and investigations", "Transportation safety and security" ]
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118S1056
Smarter Pretrial Detention for Drug Charges Act of 2023
[ [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "sponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1056 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1056 To give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal cases. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Durbin (for himself, Mr. Lee, Mr. Coons, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To give Federal courts additional discretion to determine whether pretrial detention is appropriate for defendants charged with nonviolent drug offenses in Federal criminal 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 ``Smarter Pretrial Detention for Drug Charges Act of 2023''. SEC. 2. RELEASE CONDITIONS AND DETENTION IN FEDERAL CRIMINAL CASES. Section 3142 of title 18, United States Code, is amended-- (1) by striking ``(42 U.S.C. 14135a)'' each place it appears and inserting ``(34 U.S.C. 40702)''; and (2) in subsection (e)(3)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (A), (B), (C), and (D), respectively. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S1057
Further Strengthening Supply Chains for Servicemembers and Security Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1057 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1057 To require responsiveness testing of Defense Logistics Agency pharmaceutical contracts. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Rubio (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To require responsiveness testing of Defense Logistics Agency pharmaceutical contracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Further Strengthening Supply Chains for Servicemembers and Security Act of 2023''. SEC. 2. RESPONSIVENESS TESTING OF DEFENSE LOGISTICS AGENCY PHARMACEUTICAL CONTRACTS. The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01-- (1) to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency's contingency contracts for pharmaceuticals; and (2) to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S1058
Protection from Abusive Passengers Act
[ [ "R000122", "Sen. Reed, Jack [D-RI]", "sponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1058 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1058 To protect airline crew members, security screening personnel, and passengers by banning abusive passengers from commercial aircraft flights, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Reed (for himself and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To protect airline crew members, security screening personnel, and passengers by banning abusive passengers from commercial aircraft flights, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Abusive Passengers Act''. SEC. 2. DEFINED TERM. In this Act, the term ``abusive passenger'' means any individual who, on or after the date of the enactment of this Act, engages in behavior that results in-- (1) the assessment of a civil penalty for-- (A) engaging in conduct prohibited under section 46318 of title 49, United States Code; or (B) tampering with, interfering with, compromising, modifying, or attempting to circumvent any security system, measure, or procedure related to civil aviation security in violation of section 1540.105(a)(1) of title 49, Code of Federal Regulations, if such violation is committed on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code); (2) a conviction for a violation of section 46503 or 46504 of title 49, United States Code; or (3) a conviction for any other Federal offense involving assaults, threats, or intimidation against a crewmember on an aircraft in flight (as defined in section 46501(1) of title 49, United States Code). SEC. 3. REFERRALS. The Administrator of the Federal Aviation Administration or the Attorney General shall provide the identity (including the full name, full date of birth, and gender) of all abusive passengers to the Administrator of the Transportation Security Administration. SEC. 4. BANNED FLIERS. (a) List.--The Administrator of the Transportation Security Administration shall maintain a list of abusive passengers. (b) Effect of Inclusion on List.-- (1) In general.--Any individual included on the list maintained pursuant to subsection (a) shall be prohibited from boarding any commercial aircraft flight until such individual is removed from such list in accordance with the procedures established by the Administrator pursuant to section 5. (2) Other lists.--The placement of an individual on the list maintained pursuant to subsection (a) shall not preclude the placement of such individual on other lists maintained by the Federal Government and used by the Administrator of the Transportation Security Administration pursuant to sections 114(h) and 44903(j)(2)(C) of title 49, United States Code, to prohibit such individual from boarding a flight or to take other appropriate action with respect to such individual if the Administrator determines that such individual-- (A) poses a risk to the transportation system or national security; (B) poses a risk of air piracy or terrorism; (C) poses a threat to airline or passenger safety; or (D) poses a threat to civil aviation or national security. SEC. 5. POLICIES AND PROCEDURES FOR HANDLING ABUSIVE PASSENGERS. Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop, and post on a publicly available website of the Transportation Security Administration, policies and procedures for handling individuals included on the list maintained pursuant to section 4(a), including-- (1) the process for receiving and handling referrals received pursuant to section 3; (2) the method by which the list of banned fliers required under section 4(a) will be maintained; (3) specific guidelines and considerations for removing an individual from such list based on the gravity of each offense described in section 2; (4) the procedures for the expeditious removal of the names of individuals who were erroneously included on such list; (5) the circumstances under which certain individuals rightfully included on such list may petition to be removed from such list, including the procedures for appealing a denial of such petition; and (6) the process for providing to any individual who is the subject of a referral under section 3-- (A) written notification, not later than 5 days after receiving such referral, including an explanation of the procedures and circumstances referred to in paragraphs (4) and (5); and (B) an opportunity to seek relief under paragraph (4) during the 5-day period beginning on the date on which the individual received the notification referred to in subparagraph (A) to avoid being erroneously included on the list of abusive passengers referred to in section 4(a). SEC. 6. CONGRESSIONAL BRIEFING. Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the policies and procedures developed pursuant to section 5. SEC. 7. ANNUAL REPORT. The Administrator of the Transportation Security Administration shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that contains nonpersonally identifiable information regarding the composition of the list required under section 4(a), including-- (1) the number of individuals included on such list; (2) the age and sex of the individuals included on such list; (3) the underlying offense or offenses of the individuals included on such list; (4) the period of time each individual has been included on such list; (5) the number of individuals rightfully included on such list who have petitioned for removal and the status of such petitions; (6) the number of individuals erroneously included on such list and the time required to remove such individuals from such list; and (7) the number of individuals erroneously included on such list who have been prevented from traveling. SEC. 8. INSPECTOR GENERAL REVIEW. Not less frequently than once every 3 years, the Inspector General of the Department of Homeland Security shall review and report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives regarding the administration and maintenance of the list required under sections 4 and 5, including an assessment of any disparities based on race or ethnicity in the treatment of petitions for removal. SEC. 9. INELIGIBILITY FOR TRUSTED TRAVELER PROGRAMS. Except under policies and procedures established by the Secretary of Homeland Security, all abusive passengers shall be permanently ineligible to participate in-- (1) the Transportation Security Administration's PreCheck program; or (2) U.S. Customs and Border Protection's Global Entry program. SEC. 10. LIMITATION. (a) In General.--The inclusion of a person's name on a list described in section 4(a) may not be used as the basis for denying any right or privilege under Federal law except for the rights and privileges described in sections 4(b), 5, and 9. (b) Rule of Construction.--Nothing in this section may be construed to limit the dissemination, or bar the consideration, of the facts and circumstances that prompt placement of a person on the list described in section 4(a). SEC. 11. PRIVACY. Personally identifiable information used to create the list required under section 4(a)-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal, State, Tribal, or local authority pursuant to any Federal, State, Tribal, or local law requiring public disclosure of information or records. SEC. 12. SAVINGS PROVISION. Nothing in this Act may be construed to limit the authority of the Transportation Security Administration or of any other Federal agency to undertake measures to protect passengers, flight crew members, or security officers under any other provision of law. &lt;all&gt; </pre></body></html>
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118S1059
Big Bend National Park Boundary Adjustment Act
[ [ "C001056", "Sen. Cornyn, John [R-TX]", "sponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1059 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1059 To adjust the boundary of Big Bend National Park in the State of Texas, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cornyn (for himself and Mr. Lujan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To adjust the boundary of Big Bend National Park in the State of Texas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Bend National Park Boundary Adjustment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Big Bend National Park, Proposed Boundary Adjustment'', numbered 155/167,296, and dated November 2022. (2) Park.--The term ``Park'' means the Big Bend National Park established under the Act of June 20, 1935 (49 Stat. 393, chapter 283; 16 U.S.C. 156). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. BIG BEND NATIONAL PARK BOUNDARY ADJUSTMENT. (a) Land Acquisition.--The Secretary may acquire approximately 6,100 acres of land or interests in land generally depicted on the map as ``Tracts to Include in Boundary'' by donation, purchase from willing sellers, or exchange. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary Revision and Administration.--On acquisition of any land or interests in land under subsection (a), the Secretary shall-- (1) revise the boundary of the Park to include the acquired land or interests in land; and (2) administer the acquired land or interests in land as part of the Park in accordance with applicable laws (including regulations). (d) Eminent Domain or Condemnation.--In carrying out this Act, the Secretary may not use eminent domain or condemnation. &lt;all&gt; </pre></body></html>
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118S106
Commitment to Veteran Support and Outreach Act
[ [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "sponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "K000367", "...
<p><strong>Commitment to Veteran Support and Outreach Act</strong></p> <p>This bill authorizes the Department of Veterans Affairs (VA) to provide grants to states to implement programs that improve outreach and assistance to veterans and their families to ensure that such individuals are fully informed about veterans' benefits and programs.</p> <p>Specifically, the VA may provide grants to states to (1) implement or enhance outreach activities or activities to assist in the development and submittal of claims for veterans, or (2) increase the number of county or tribal veterans service officers in the state.</p> <p>The VA must prioritize awarding grants in areas with a critical shortage of county or tribal veterans service officers, areas with high rates of suicide among veterans, and areas with high rates of referrals to the Veterans Crisis Line.<br> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 106 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 106 To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Ms. Baldwin (for herself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to award grants to States to improve outreach to veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commitment to Veteran Support and Outreach Act''. SEC. 2. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO AWARD GRANTS TO STATES TO IMPROVE OUTREACH TO VETERANS. (a) In General.--Chapter 63 of title 38, United States Code, is amended-- (1) by redesignating sections 6307 and 6308 and sections 6308 and 6309, respectively; and (2) by inserting after section 6306 the following new section 6307: ``Sec. 6307. Grants to States to improve outreach to veterans ``(a) Purpose.--It is the purpose of this section to provide for assistance by the Secretary to States to carry out programs that improve outreach and assistance to veterans and the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans and veterans-related benefits and programs (including State veterans programs) for which they may be eligible. ``(b) Authority.--The Secretary may award grants to States-- ``(1) to carry out, coordinate, improve, or otherwise enhance-- ``(A) outreach activities; or ``(B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits; or ``(2) to increase the number of county or tribal veterans service officers serving in the State by hiring new, additional such officers. ``(c) Application.--(1) To be eligible for a grant under this section, a State shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. ``(2) Each application submitted under paragraph (1) shall include the following: ``(A) A detailed plan for the use of the grant. ``(B) A description of the programs through which the State will meet the outcome measures developed by the Secretary under subsection (i). ``(C) A description of how the State will distribute grant amounts equitably among counties with varying levels of urbanization. ``(D) A plan for how the grant will be used to meet the unique needs of American Indian veterans, Alaska Native veterans, or Native Hawaiian veterans, elderly veterans, women veterans, and veterans from other underserved communities. ``(d) Distribution.--The Secretary shall seek to ensure that grants awarded under this section are equitably distributed among States with varying levels of urbanization. ``(e) Priority.--The Secretary shall prioritize awarding grants under this section that will serve the following areas: ``(1) Areas with a critical shortage of county or tribal veterans service officers. ``(2) Areas with high rates of-- ``(A) suicide among veterans; or ``(B) referrals to the Veterans Crisis Line. ``(f) Use of County or Tribal Veterans Service Officers.--A State that receives a grant under this section to carry out an activity described in subsection (b)(1) shall carry out the activity through-- ``(1) a county or tribal veterans service officer of the State; or ``(2) if the State does not have a county or tribal veterans service officer, or if the county or tribal veterans service officers of the State cover only a portion of that State, an appropriate entity of a State, local, or tribal government, or another publicly funded entity, as determined by the Secretary. ``(g) Required Activities.--Any grant awarded under this section shall be used-- ``(1) to expand existing programs, activities, and services; ``(2) to hire new, additional county or tribal veterans service officers; or ``(3) for travel and transportation to facilitate carrying out paragraph (1) or (2). ``(h) Authorized Activities.--A grant under this section may be used to provide education and training, including on-the-job training, for State, county, local, and tribal government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary. ``(i) Outcome Measures.--(1) The Secretary shall develop and provide to each State that receives a grant under this section written guidance on the following: ``(A) Outcome measures. ``(B) Policies of the Department. ``(2) In developing outcome measures under paragraph (1), the Secretary shall consider the following goals: ``(A) Increasing the use of veterans and veterans-related benefits, particularly among vulnerable populations. ``(B) Increasing the number of county and tribal veterans service officers recognized by the Secretary for the representation of veterans under chapter 59 of this title. ``(j) Tracking Requirements.--(1) With respect to each grant awarded under this section, the Secretary shall track the use of veterans and veterans-related benefits among the population served by the grant, including the average period of time between the date on which a veteran applies for such a benefit and the date on which the veteran receives the benefit, disaggregated by type of benefit. ``(2) Not less frequently than annually, the Secretary shall submit to Congress a report on the information tracked under paragraph (1). ``(k) Performance Review.--(1) The Secretary shall-- ``(A) review the performance of each State that receives a grant under this section; and ``(B) make information regarding such performance publicly available. ``(l) Remediation Plan.--(1) In the case of a State that receives a grant under this section and does not meet the outcome measures developed by the Secretary under subsection (i), the Secretary shall require the State to submit a remediation plan under which the State shall describe how and when it plans to meet such outcome measures. ``(2) The Secretary may not award a subsequent grant under this section to a State described in paragraph (1) unless the Secretary approves the remediation plan submitted by the State. ``(m) Maximum Amount.--The amount of a grant awarded under this section may not exceed 10 percent of amounts made available for grants under this section for the fiscal year in which the grant is awarded. ``(n) Supplement, Not Supplant.--Any grant awarded under this section shall be used to supplement and not supplant State and local funding that is otherwise available. ``(o) Definitions.--In this section: ``(1) The term `county or tribal veterans service officer' includes a local equivalent veterans service officer. ``(2) The term `Veterans Crisis Line' means the toll-free hotline for veterans established under section 1720F(h) of this title. ``(p) Funding.--(1) Amounts for the activities of the Department under this section shall be budgeted and appropriated through a separate appropriation account. ``(2) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in paragraph (1). ``(q) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for each of fiscal years 2023 through 2027, $50,000,000 to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by striking the items relating to sections 6307 and 6308 and inserting the following new items: ``6307. Grants to States to improve outreach to veterans. ``6308. Outreach for eligible dependents. ``6309. Biennial report to Congress.''. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Aging", "Congressional oversight", "Emergency communications systems", "Government employee pay, benefits, personnel management", "Health care coverage and access", "Indian social and development programs", "Mental health", "Performance measurement", "State a...
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118S1060
Global Trade Accountability Act
[ [ "L000577", "Sen. Lee, Mike [R-UT]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1060 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1060 To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Trade Accountability Act''. SEC. 2. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS. (a) In General.--Chapter 5 of title I of the Trade Act of 1974 (19 U.S.C. 2191 et seq.) is amended by adding at the end the following: ``SEC. 155. CONGRESSIONAL REVIEW OF UNILATERAL TRADE ACTIONS. ``(a) Unilateral Trade Action Defined.-- ``(1) In general.--In this section, the term `unilateral trade action' means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2): ``(A) A prohibition on importation of the article. ``(B) The imposition of or an increase in a duty applicable to the article. ``(C) The imposition or tightening of a tariff-rate quota applicable to the article. ``(D) The imposition or tightening of a quantitative restriction on the importation of the article. ``(E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. ``(F) Any other restriction on importation of the article. ``(2) Provisions of law specified.--The provisions of law specified in this paragraph are the following: ``(A) Section 122. ``(B) Chapter 1 of title II. ``(C) Title III. ``(D) Section 406. ``(E) Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338). ``(F) Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862). ``(G) The Trading with the Enemy Act (50 U.S.C. 4301 et seq.). ``(H) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ``(I) Any provision of law enacted to implement a trade agreement to which the United States is a party. ``(J) Any provision of a trade agreement to which the United States is a party. ``(3) Exception for technical corrections to harmonized tariff schedule.--A technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. ``(b) Congressional Approval Required.--A unilateral trade action may not take effect unless-- ``(1) the President submits to Congress and to the Comptroller General of the United States a report that includes-- ``(A) a description of the proposed unilateral trade action; ``(B) the proposed effective period for the action; ``(C) an economic cost-benefit analysis of the action, including an assessment of-- ``(i) whether the action is in the national economic interest of the United States; and ``(ii) the macroeconomic effects of the action on-- ``(I) employment in the United States; ``(II) the gross domestic product of the United States; and ``(III) revenues and expenditures of the Federal Government; and ``(D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and ``(2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. ``(c) Report of Comptroller General.--Not later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. ``(d) Procedures for Joint Resolution of Approval.-- ``(1) Joint resolution of approval defined.--For purposes of this subsection, the term `joint resolution of approval' means a joint resolution of either House of Congress that-- ``(A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and ``(B) describes the action being approved by Congress. ``(2) Introduction.--During the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. ``(3) Committee consideration.-- ``(A) Referral.--A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. ``(B) Consideration.--The Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. ``(C) Reporting.-- ``(i) In general.--Subject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. ``(ii) Subsequent resolutions.--If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. ``(iii) Placement on calendar.--A joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. ``(D) Discharge.-- ``(i) In general.--If the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. ``(ii) Prohibition on motions to recommit.--A motion to recommit a joint resolution of approval shall not be in order. ``(iii) Subsequent resolutions.--If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. ``(4) Floor consideration in senate.--In the Senate: ``(A) Motion to proceed.-- ``(i) Timing.--A motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. ``(ii) Motion by any senator.--Any Senator may move to proceed to a joint resolution of approval. ``(iii) Privilege.--A motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. ``(iv) Debate.--Debate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. ``(v) Motion not amendable.--The motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. ``(vi) Other motions not in order.--After a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. ``(B) Motions and appeals.--All motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. ``(5) Consideration in house of representatives.--In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(6) Receipt of resolution from other house.--If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then-- ``(A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and ``(B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. ``(7) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and ``(B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. ``(e) Report by the United States International Trade Commission.-- Not later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States.''. (b) Clerical Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following: ``Sec. 155. Congressional review of unilateral trade actions.''. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance" ]
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118S1061
A bill to prospectively repeal the 2001 Authorization for Use of Military Force.
[ [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "sponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1061 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1061 To prospectively repeal the 2001 Authorization for Use of Military Force. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To prospectively repeal the 2001 Authorization for Use of Military Force. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROSPECTIVE REPEAL OF 2001 AUTHORIZATION FOR USE OF MILITARY FORCE. Effective on July 20, 2025, the Authorization for Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is repealed. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S1062
Jobs and Opportunities for SNAP Act of 2023
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1062 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1062 To amend the Food and Nutrition Act of 2008 to restore and standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Food and Nutrition Act of 2008 to restore and standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance 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 ``Jobs and Opportunities for SNAP Act of 2023''. SEC. 2. RESTORING THE WORK REQUIREMENT FOR ABLE-BODIED ADULTS WITHOUT DEPENDENTS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Section 2301 of the Families First Coronavirus Response Act (7 U.S.C. 2011 note; Public Law 116-127) is repealed. SEC. 3. STANDARDIZING WORK REQUIREMENTS FOR ABLE-BODIED ADULTS IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) In General.--Section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``50'' and inserting ``65''; and (B) in subparagraph (C), by inserting ``under 7 years of age'' after ``child''; (2) by striking paragraph (4); (3) by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively; and (4) in paragraph (5) (as so redesignated)-- (A) in subparagraph (A)(ii)-- (i) by striking subclause (II); (ii) by redesignating subclauses (III) through (V) as subclauses (II) through (IV), respectively; and (iii) in subclause (IV) (as so redesignated), by striking ``(5)'' and inserting ``(4)''; (B) in subparagraph (E)-- (i) by striking ``12'' and inserting ``3''; and (ii) by striking ``caseload and'' and all that follows through the period at the end and inserting ``caseload.''; and (C) in subparagraph (G), by inserting ``that begins before the date of enactment of the Jobs and Opportunities for SNAP Act of 2023'' after ``subsequent fiscal year''. (b) Conforming Amendments.--Section 16(h)(1)(E)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(E)(ii)) is amended-- (1) in subclause (II), by adding ``and'' at the end; (2) by striking subclause (III); (3) by redesignating subclause (IV) as subclause (III); and (4) in subclause (III) (as so redesignated), by striking ``6(o)(6)'' and inserting ``6(o)(5)''. &lt;all&gt; </pre></body></html>
[]
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118S1063
Jobs and Opportunities for Medicaid Act
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ] ]
<p><b>Jobs and Opportunities for Medicaid Act</b></p> <p>This bill establishes work requirements under Medicaid for able-bodied adults. </p> <p>Specifically, the bill requires individuals who are between the ages of 18 and 65 and who are not otherwise unable to work due to a medical condition, family situation, or other listed reason to work or volunteer at least 20 hours per week, based on a monthly average, in order to qualify for Medicaid.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1063 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1063 To amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to implement a minimum work requirement for able-bodied adults enrolled in State Medicaid programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs and Opportunities for Medicaid Act''. SEC. 2. WORK REQUIREMENTS FOR ABLE-BODIED ADULTS. Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) by striking ``and'' at the end of paragraph (86); (B) by striking the period at the end of paragraph (87) and inserting ``; and''; and (C) by inserting after paragraph (87) the following new paragraph: ``(88) beginning January 1, 2024, not provide medical assistance with respect to a month to an able-bodied adult (as defined in subsection (uu)(2)) that has not met the work requirement described in subsection (uu)(1) for such month.''; and (2) by adding at the end the following new subsection: ``(uu) Work Requirement for Able-Bodied Adults.-- ``(1) Work requirement described.--For purposes of subsection (a)(88), the work requirement described in this subsection with respect to an able-bodied adult and a month is that such adult satisfies at least one of the following with respect to such month: ``(A) The adult works 20 hours or more per week, based on a monthly average. ``(B) The adult volunteers for 20 hours or more per week, based on a monthly average. ``(2) Able-bodied adult defined.--In this subsection the term `able-bodied adult' means any individual who is not-- ``(A) under 18 years of age or over 65 years of age; ``(B) medically certified as physically or mentally unfit for employment; ``(C) pregnant; ``(D) the primary parent or caretaker of a dependent child under 6 years of age; ``(E) the primary parent or caretaker of a dependent child with a serious medical condition or disability, as determined by the State agency established or designated to administer or supervise the administration of the State plan; ``(F) receiving unemployment compensation under State or Federal law and, as applicable, complying with work requirements under such State or Federal law; or ``(G) participating in a drug or alcohol treatment and rehabilitation program (as defined in section 3(h) of the Food and Nutrition Act of 2008).''. &lt;all&gt; </pre></body></html>
[ "Health", "Medicaid", "Unemployment" ]
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118S1064
National Plan to End Parkinson’s Act
[ [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "sponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "S0012...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1064 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1064 To direct the Secretary of Health and Human Services to carry out a national project to prevent and cure Parkinson's, to be known as the National Parkinson's Project, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mrs. Capito (for herself, Mr. Murphy, Mr. Marshall, Ms. Smith, Mr. Scott of Florida, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services to carry out a national project to prevent and cure Parkinson's, to be known as the National Parkinson's Project, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Plan to End Parkinson's Act''. SEC. 2. NATIONAL PARKINSON'S PROJECT. (a) Definition of Parkinson's.--In this section, the term ``Parkinson's'' means-- (1) Parkinson's disease; and (2) other neurodegenerative Parkinsonisms, including, but not limited to, multiple system atrophy, Lewy body disease, corticobasal degeneration, progressive supranuclear palsy, and Parkinson's-related dementia. (b) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall carry out a national project to prevent and cure Parkinson's, ameliorate its symptoms, and slow or stop its progression, to be known as the National Parkinson's Project (referred to in this section as the ``Project''). (c) Activities Carried Out Through Project.--In carrying out the Project, the Secretary shall-- (1) create, maintain, and periodically update an integrated national plan to prevent and cure Parkinson's, ameliorate its symptoms, and slow or stop its progression; (2) carry out the annual assessment under subsection (d); (3) provide information (including an estimate of the level of Federal investment necessary to prevent and cure Parkinson's, ameliorate its symptoms, and slow or stop its progression), and coordination of Parkinson's research and services, across all Federal agencies; (4) encourage the development of safe and effective treatments, strategies, and other approaches to prevent, halt, or slow the course of Parkinson's or to enhance functioning and improve quality of life; (5) promote the-- (A) early diagnosis of Parkinson's; and (B) coordination of the care and treatment of individuals with Parkinson's; (6) review the impact of Parkinson's on the physical, mental, and social health of those living with Parkinson's and their care partners; (7) coordinate with international bodies, to the degree possible, to integrate and inform the global mission to prevent and cure Parkinson's, ameliorate its symptoms, and slow or stop its progression; and (8) carry out other such activities as the Secretary deems appropriate. (d) Annual Assessment.--Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall carry out an assessment of the Nation's progress in preparing for and responding to the escalating burden of Parkinson's, including-- (1) the formulation of recommendations for priority actions based on the assessment; (2) a description of the steps that have been or should be taken to implement the recommendations; and (3) such other items as the Secretary deems appropriate. (e) Advisory Council.-- (1) In general.--The Secretary shall establish and maintain an Advisory Council on Parkinson's Research, Care, and Services (referred to in this section as the ``Advisory Council''). (2) Membership.-- (A) Federal members.--The Advisory Council shall be comprised of diverse and inclusive representatives from-- (i) the Centers for Disease Control and Prevention; (ii) the Administration on Community Living; (iii) the Centers for Medicare & Medicaid Services; (iv) the Office of the Director of the National Institutes of Health; (v) the National Institute of Neurological Disorders and Stroke; (vi) the National Institute of Environmental Health Sciences; (vii) the Department of Veterans Affairs; (viii) the Food and Drug Administration; (ix) the Department of Defense; (x) the Environmental Protection Agency; (xi) the Office of Minority Health; (xii) the Indian Health Service; and (xiii) other relevant Federal departments and agencies as determined by the Secretary. (B) Non-federal members.--In addition to the members listed in subparagraph (A), the Advisory Council shall include 10 expert members from outside the Federal Government, to be appointed by the Secretary, which members shall include-- (i) 2 Parkinson's patient advocates, at least 1 of whom is living with young-onset Parkinson's; (ii) 1 Parkinson's family caregiver; (iii) 1 health care provider; (iv) 2 biomedical researchers with Parkinson's-related expertise in basic, translational, clinical, or drug development science; (v) 1 movement disorder specialist who treats Parkinson's patients; (vi) 1 dementia specialist who treats Parkinson's patients; and (vii) 2 representatives from nonprofit organizations that have demonstrated experience in Parkinson's research or Parkinson's patient care and other services. (3) Meetings.-- (A) Quarterly meetings.--The Advisory Council shall meet at least once each quarter. (B) Biannual research meeting.--Not later than 24 months after the date of enactment of this Act, and every 2 years thereafter, the Advisory Council shall convene a meeting of Federal and non-Federal organizations to discuss Parkinson's research. (C) Open meetings.--The meetings of the Advisory Council shall be open to the public. (4) Advice.--The Advisory Council shall advise the Secretary on Parkinson's-related issues. (5) Biannual report.--Not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, the Advisory Council shall provide to the Secretary and Congress a report containing-- (A) an evaluation of all federally funded efforts in Parkinson's research, prevention, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (B) recommendations for priority actions to expand, eliminate, coordinate, refocus, or condense Federal programs based on each program's performance, mission, and purpose; (C) recommendations to-- (i) reduce the financial impact of Parkinson's on-- (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson's; (ii) improve health outcomes and quality of life; (iii) prevent Parkinson's; and (iv) research the association between environmental triggers and Parkinson's to help reduce exposure to potential triggers; and (D) an evaluation of the implementation, including outcomes, of the national plan under subsection (c)(1). (6) Termination.--The Advisory Council shall terminate at the end of calendar year 2035. (f) Data Sharing.--Agencies both within the Department of Health and Human Services and outside of the Department that have data relating to Parkinson's shall share such data with the Secretary of Health and Human Services, or the Secretary's designee, consistent with the statutory obligations regrading disclosure of information for that department or agency, to enable the Secretary, or the Secretary's designee, to complete the report described in subsection (g). (g) Biannual Report.--The Secretary shall submit to the Congress-- (1) a Biannual report that includes an evaluation of all federally funded efforts in Parkinson's research, prevention, diagnosis, treatment, clinical care, and institutional-, home-, and community-based programs and the outcomes of such efforts; (2) an evaluation of all such programs based on performance, mission, and purpose; (3) recommendations for-- (A) priority actions based on the evaluation conducted by the Secretary and the Advisory Council to-- (i) reduce the financial impact of Parkinson's on-- (I) the Medicare program and other federally funded programs; and (II) families living with Parkinson's disease; (ii) improve health outcomes and quality of life; (iii) prevent Parkinson's; and (iv) research the association between environmental triggers and Parkinson's to help reduce exposure to potential triggers; (B) priority actions to improve all federally funded efforts in Parkinson's research, prevention, diagnosis, treatment, clinical care, and institutional- , home-, and community-based programs; and (C) implementation steps to address priority actions described in subparagraphs (A) and (B); and (4) an up-to-date version of the national plan under subsection (c)(1). (h) Sunset.--The section shall cease to be effective at the end of calendar year 2035. &lt;all&gt; </pre></body></html>
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118S1065
Tribal Adoption Parity Act
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ] ]
<p><strong></s>Tribal Adoption Parity Act</strong> </p> <p>This bill allows Indian tribal governments to determine whether a child has special needs for the purposes of the adoption tax credit.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1065 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1065 To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Ms. Klobuchar (for herself and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Adoption Parity Act''. SEC. 2. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PURPOSES OF DETERMINING UNDER THE ADOPTION CREDIT WHETHER A CHILD HAS SPECIAL NEEDS. (a) In General.--Paragraph (3) of section 23(d) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A), by inserting ``or Indian tribal government'' after the words ``a State'', and (2) in subparagraph (B), by inserting ``or Indian tribal government'' after the words ``such State''. (b) Effective Date.--The amendments made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
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118S1066
SOIL Act of 2023
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1066 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1066 To increase oversight of foreign direct investment in agricultural land in the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mr. Lankford (for himself, Mr. Bennet, Mr. Risch, and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To increase oversight of foreign direct investment in agricultural land in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Oversight for International Landholdings Act of 2023'' or the ``SOIL Act of 2023''. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF CERTAIN AGRICULTURAL REAL ESTATE TRANSACTIONS. Section 721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)) is amended-- (1) in subparagraph (A)-- (A) in clause (i), by striking ``; and'' and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) Any acquisition or transfer of an interest, other than a security, in agricultural land held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country-- ``(I) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or ``(II) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the `Annual Threat Assessment').''. SEC. 3. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF REAL ESTATE TRANSACTIONS NEAR MILITARY INSTALLATIONS. Section 721(a)(4)(B) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)), as amended by section 2, is amended by adding at the end the following: ``(vii) Any acquisition or transfer of an interest, other than a security, in any form of real estate that is located not more than 50 miles from a military installation (as that term is defined in section 2801(c)(4) of title 10, United States Code) other than residential property held by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country-- ``(I) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or ``(II) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the `Annual Threat Assessment').''. SEC. 4. EXPANSION OF MEMBERSHIP IN COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES. Section 721(k)(6) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(6)) is amended to read a follows: ``(6) Other members.--The chairperson shall include the heads of relevant departments, agencies, and offices (or the designee of any such head) in any review or investigation under subsection (a), on the basis of the facts and circumstances of the covered transaction under review or investigation.''. SEC. 5. PROHIBITION ON USE OF FUNDS FOR CERTAIN AGRICULTURAL REAL ESTATE HOLDINGS. No assistance, including subsidies, may be provided by any Federal agency to a person for an agricultural real estate holding wholly or partly owned by a person that is a national of, or is organized under the laws or otherwise subject to the jurisdiction of, a country-- (1) designated as a nonmarket economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)); or (2) identified as a country that poses as risk to the national security of the United States in the most recent annual report on worldwide threats issued by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 (50 U.S.C. 3043b)(commonly known as the ``Annual Threat Assessment''). SEC. 6. DISCLOSURE REQUIREMENTS FOR FOREIGN AGRICULTURAL REAL ESTATE HOLDINGS. (a) Reporting Requirements.--Section 2(a) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501(a)) is amended-- (1) in the first sentence of the matter preceding paragraph (1)-- (A) by inserting ``, or enters into a leasing agreement the period of which is longer than 5 years with respect to agricultural land,'' after ``agricultural land''; and (B) by striking ``acquisition or transfer'' and inserting ``acquisition, transfer, or lease''; and (2) in paragraph (4), by striking ``acquired or transferred'' and inserting ``acquired, transferred, or leased''. (b) Revocation of Minimum Acreage Requirement.--Section 9(1) of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) is amended by inserting ``, subject to the condition that the Secretary may not exclude land from this definition based on the acreage of the land'' before the semicolon at the end. SEC. 7. REPORTS OF HOLDINGS OF AGRICULTURAL LAND IN THE UNITED STATES BY FOREIGN PERSONS. Section 6 of the Agricultural Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3505) is amended-- (1) by striking the section designation and heading and all that follows through ``Not later than'' and inserting the following: ``SEC. 6. REPORTS. ``(a) Transmission of Reports to States.--Not later than''; and (2) by adding at the end the following: ``(b) Annual Report.-- ``(1) In general.--Annually, the Secretary shall prepare and make publicly available a report describing holdings of agricultural land by foreign persons, as determined by reports submitted under section 2, including-- ``(A) an analysis of the countries with the most extensive agricultural land holdings on a State-by- State and county-by-county basis; ``(B) data and an analysis of agricultural land holdings in each county in the United States by a foreign person from-- ``(i) the People's Republic of China; ``(ii) the Russian Federation; or ``(iii) any other country that the Secretary determines to be appropriate; ``(C) an analysis of the sectors and industries for which the agricultural land holdings are used; and ``(D) in consultation with the Director of the United States Geological Survey, an identification of countries that own or lease water rights and mineral deposits on a State-by-State and county-by-county basis. ``(2) Transmission to states.--The Secretary shall transmit the report prepared under paragraph (1) to each State department of agriculture or appropriate State agency described in subsection (a) in conjunction with the applicable reports transmitted under that subsection.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1067
Ensuring Timely Access to Generics Act of 2023
[ [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "B001230",...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1067 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1067 To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 29, 2023 Mrs. Shaheen (for herself, Ms. Collins, Mr. Bennet, Mr. Rubio, Ms. Baldwin, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. Be it enacted by the Senate 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 Timely Access to Generics Act of 2023''. SEC. 2. ENSURING TIMELY ACCESS TO GENERICS. Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by inserting ``, 10.31,'' after ``10.30''; (B) in subparagraph (E)-- (i) by striking ``application and'' and inserting ``application or''; (ii) by striking ``If the Secretary'' and inserting the following: ``(i) In general.--If the Secretary''; (iii) by striking the second sentence and inserting the following: ``(ii) Primary purpose of delaying.-- ``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: ``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. ``(dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. ``(ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. ``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).''; and (iv) by adding at the end the following: ``(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary.''; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (E) in subparagraph (H), as so redesignated, by striking ``submission of this petition'' and inserting ``submission of this document''; (2) in paragraph (2)-- (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: ``(A) In general.--A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ``(B) Timely submission of citizen petition.--A petition and any supplement to a petition shall be submitted within 60 days after the person knew, or reasonably should have known, the information that forms the basis of the request made in the petition or supplement.''; (C) in subparagraph (C), as so redesignated-- (i) in the heading, by striking ``within 150 days''; (ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and (iii) by amending clause (ii) to read as follows: ``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.''; (D) by amending subparagraph (D), as so redesignated, to read as follows: ``(D) Dismissal of certain civil actions.-- ``(i) Petition.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ``(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' in the paragraph heading and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly. &lt;all&gt; </pre></body></html>
[ "Health", "Drug safety, medical device, and laboratory regulation", "Prescription drugs" ]
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118S1068
Stop Dangerous Sanctuary Cities Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "T000476", ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1068 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1068 To ensure that State and local law enforcement officers are permitted to cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cruz (for himself, Mr. Hagerty, Mrs. Capito, Mr. Grassley, Mr. Tillis, Mr. Braun, Mr. Johnson, Mr. Ricketts, Mr. Rounds, Ms. Ernst, Mrs. Blackburn, Mr. Hoeven, Mr. Tuberville, Mr. Cornyn, Mr. Boozman, Mrs. Hyde-Smith, Mr. Cotton, Mr. Scott of South Carolina, Mr. Lankford, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To ensure that State and local law enforcement officers are permitted to cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Dangerous Sanctuary Cities Act''. SEC. 2. ENSURING COOPERATION BETWEEN FEDERAL LAW ENFORCEMENT OFFICERS AND STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO SAFEGUARD OUR COMMUNITIES. (a) Authority To Cooperate With Federal Officials.--A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) with regard to actions taken to comply with the detainer, shall have all authority available to officers and employees of the Department of Homeland Security. (b) Legal Proceedings.--In any legal proceeding brought against a State, a political subdivision of State, or an officer, employee, or agent of such State or political subdivision, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) no liability shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer-- (A) the officer, employee, or agent shall be deemed-- (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of Construction.--Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. SEC. 3. SANCTUARY JURISDICTION DEFINED. (a) In General.--Except as provided under subsection (b), for purposes of this Act, the term ``sanctuary jurisdiction'' means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from-- (1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or (2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual. (b) Exception.--A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense. SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN FEDERAL FUNDS. (a) Economic Development Administration Grants.-- (1) Grants for public works and economic development.-- Section 201(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141(b)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) the area in which the project is to be carried out is not a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (2) Grants for planning and administrative expenses.-- Section 203(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3143(a)) is amended by adding at the end the following: ``A sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act) may not be deemed an eligible recipient under this subsection.''. (3) Supplementary grants.--Section 205(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3145(a)) is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) will be carried out in an area that does not contain a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (4) Grants for training, research, and technical assistance.--Section 207 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3147) is amended by adding at the end the following: ``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds authorized under this section may not be used to provide assistance to a sanctuary jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act).''. (b) Community Development Block Grants.--Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended-- (1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the end the following: ``(25) The term `sanctuary jurisdiction' has the meaning provided in section 3 of the Stop Dangerous Sanctuary Cities Act.''; and (2) in section 104(b) (42 U.S.C. 5304(b))-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and''; and (3) in section 106 (42 U.S.C. 5306), by adding at the end the following: ``(g) Protection of Individuals Against Crime.-- ``(1) In general.--No funds authorized to be appropriated to carry out this title may be obligated or expended for any State or unit of general local government that is a sanctuary jurisdiction. ``(2) Returned amounts.-- ``(A) State.--If a State is a sanctuary jurisdiction during the period for which it receives amounts under this title, the Secretary-- ``(i) shall direct the State to immediately return to the Secretary any such amounts that the State received for that period; and ``(ii) shall reallocate amounts returned under clause (i) for grants under this title to other States that are not sanctuary jurisdictions. ``(B) Unit of general local government.--If a unit of general local government is a sanctuary jurisdiction during the period for which it receives amounts under this title, any such amounts that the unit of general local government received for that period-- ``(i) in the case of a unit of general local government that is not in a nonentitlement area, shall be returned to the Secretary for grants under this title to States and other units of general local government that are not sanctuary jurisdictions; and ``(ii) in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for grants under this title to other units of general local government in the State that are not sanctuary jurisdictions. ``(C) Reallocation rules.--In reallocating amounts under subparagraphs (A) and (B), the Secretary-- ``(i) shall apply the relevant allocation formula under subsection (b), with all sanctuary jurisdictions excluded; and ``(ii) shall not be subject to the rules for reallocation under subsection (c).''. (c) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2023. &lt;all&gt; </pre></body></html>
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118S1069
Alan Reinstein Ban Asbestos Now Act of 2023
[ [ "M001176", "Sen. Merkley, Jeff [D-OR]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1069 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1069 To amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alan Reinstein Ban Asbestos Now Act of 2023''. SEC. 2. COMMERCIAL ASBESTOS BAN AND REPORTING. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Asbestos.-- ``(1) Definitions.--In this subsection: ``(A) Commercial asbestos.--The term `commercial asbestos' means the asbestiform varieties of the following fibers if extracted and processed for their commercial value: ``(i) Chrysotile (serpentine). ``(ii) Crocidolite (riebeckite). ``(iii) Amosite (cummingtonite-grunerite). ``(iv) Anthophyllite. ``(v) Tremolite. ``(vi) Actinolite. ``(vii) Richterite. ``(viii) Winchite. ``(B) Distribute in commerce; distribution in commerce.-- ``(i) In general.--Except as provided in clause (ii), the terms `distribute in commerce' and `distribution in commerce' have the meanings given the terms in section 3. ``(ii) Exclusions.--The terms `distribute in commerce' and `distribution in commerce' do not include, with respect to commercial asbestos-- ``(I) end-use of a mixture or article containing commercial asbestos and installed in a building or other structure before the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023; or ``(II) distribution of a mixture or article containing commercial asbestos solely for the purpose of disposal of the mixture or article in compliance with applicable Federal, State, and local requirements. ``(C) Mixture or article containing commercial asbestos.--The term `mixture or article containing commercial asbestos' does not include a mixture or article in which commercial asbestos is present solely as an impurity (as defined in section 720.3 of title 40, Code of Federal Regulations (or successor regulations)). ``(2) Applicability.-- ``(A) In general.--The prohibitions, requirements, and definition of the term `commercial asbestos' in this subsection shall-- ``(i) apply only-- ``(I) to chemical substances; and ``(II) for purposes of regulating chemical substances under this Act; and ``(ii) have no effect on-- ``(I) any other prohibition or definition of the term `asbestos'; or ``(II) any other requirement regulating asbestos, including for purposes of-- ``(aa) regulating cosmetics under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and ``(bb) determining whether a cosmetic contains asbestos as an ingredient or as an impurity to an ingredient. ``(B) Impurities.--Nothing in this subsection applies to any chemical substance, mixture, or article in which commercial asbestos is present solely as an impurity. ``(3) Prohibition of manufacture, processing, use, and distribution in commerce.--Effective 1 year after the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023, no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos. ``(4) Chlor-alkali industry.--Notwithstanding paragraph (3), an owner, operator, or agent of an owner or operator of a chlor-alkali facility that is in operation on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2023 may, until the date that is 2 years after that date of enactment-- ``(A) import processed commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; ``(B) use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and ``(C) use asbestos diaphragms in chlor-alkali production. ``(5) Exemption for national security reasons.-- ``(A) In general.--Notwithstanding any other provision of this subsection, the President may, on application, grant any person an exemption from the prohibition under paragraph (3) once for the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos only if the President determines that-- ``(i) the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos by the person is necessary to protect the national security interests of the United States; and ``(ii) no feasible alternative to the manufacture, processing, use, or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos exists for the intended use. ``(B) Duration.-- ``(i) In general.--The period of an exemption granted under subparagraph (A) shall not exceed 3 years. ``(ii) Extension.--The President may, in accordance with subparagraph (A), extend an exemption granted under that subparagraph once, for a period not to exceed 3 years. ``(C) Terms and conditions.--An exemption granted under this paragraph (including any extension granted under subparagraph (B)(ii)) shall include such terms and conditions as are necessary to achieve the maximum extent practicable reduction in exposure to commercial asbestos. ``(D) Publication.-- ``(i) Applications.--Not later than 30 days after receipt of an application for an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish the application in the Federal Register. ``(ii) Exemptions.--Not later than 30 days after granting an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish in the Federal Register-- ``(I) a notice of the exemption; and ``(II) the terms and conditions included under subparagraph (C). ``(iii) Exception.--The President, on a determination that publication under this subparagraph of information relating to an application or granting of a particular exemption would harm the national security interests of the United States-- ``(I) shall not publish that information in the Federal Register; but ``(II) shall provide that information to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. ``(E) Application of waiver authority.-- Notwithstanding section 22, the Administrator may not issue a waiver under that section with respect to commercial asbestos.''. SEC. 3. PUBLIC EDUCATION. The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Health and Human Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate the public and health professionals about-- (1) the adverse health effects of asbestos exposure; (2) any Federal resources, including easily understandable regulations, available to address the prevention and mitigation of asbestos exposure; and (3) licensed commercial asbestos mitigation availability within each State, the District of Columbia, and each territory or possession of the United States. &lt;all&gt; </pre></body></html>
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118S107
Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "C001095", "Sen. Cotton...
<p><b>Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023 </b></p> <p>This bill exempts traditional large and premium cigars from Food and Drug Administration (FDA) regulation and FDA-assessed user fees.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 107 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 107 To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration's jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing, and distribution of traditional and premium cigars. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio (for himself, Mr. Boozman, Mr. Scott of Florida, Mr. Budd, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration's jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing, and distribution of traditional and premium cigars. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023''. SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO PREMIUM CIGARS. (a) Exception for Traditional Large and Premium Cigars.--Section 901(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amended-- (1) in paragraph (2), in the heading, by inserting ``for certain tobacco leaf'' after ``authority''; and (2) by adding at the end the following: ``(3) Limitation of authority for certain cigars.-- ``(A) In general.--The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. ``(B) Rule of construction.--Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. ``(C) Traditional large and premium cigar defined.--For purposes of this paragraph, the term `traditional large and premium cigar'-- ``(i) means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and-- ``(I) has a 100-percent leaf tobacco binder and is hand rolled; ``(II) has a 100-percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or ``(III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100-percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and ``(ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)).''. (b) Conforming Amendments.--Section 919(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended-- (1) in paragraph (2)(B)(i)(II), by inserting ``, but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3))'' before the period; and (2) in paragraph (5), by inserting ``subject to section 901(c)(3),'' before ``if a user fee''. &lt;all&gt; </pre></body></html>
[ "Health", "Administrative law and regulatory procedures", "Department of Health and Human Services", "Drug safety, medical device, and laboratory regulation", "Drug, alcohol, tobacco use", "Food and Drug Administration (FDA)", "User charges and fees" ]
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118S1070
Safe Equitable Campus Resources and Education Act of 2023
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1070 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1070 To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey (for himself, Ms. Hassan, Mr. Murphy, Ms. Klobuchar, Mr. Sanders, Ms. Smith, Ms. Warren, Ms. Duckworth, Mrs. Shaheen, Mr. Blumenthal, Ms. Hirono, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To address the needs of individuals with disabilities within the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Equitable Campus Resources and Education Act of 2023''. SEC. 2. AMENDMENTS TO THE CLERY ACT. (a) In General.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``in an accessible format'' after ``an annual security report''; (B) in subparagraph (F)(ii), by inserting ``and of the crimes described in clause (iii), and'' after ``clause (i)''; and (C) in subparagraph (J)-- (i) in clause (ii), by striking ``and'' after the semicolon; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: ``(iii) ensure that such emergency response and evacuation procedures take into account the needs of students and staff with disabilities; and''; (2) by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; (3) by inserting after paragraph (1) the following: ``(2) All reports, materials and information provided in accordance with this subsection shall be available free of charge, in a timely manner, and in accessible formats for individuals with disabilities, including those individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities.''; (4) in paragraph (7)(A), as redesignated by paragraph (2)-- (A) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (B) by inserting after clause (ii) the following: ``(iii) The term `disability' has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).''; and (5) in paragraph (9), as redesignated by paragraph (2)-- (A) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (I)-- (aa) in item (ee), by striking ``and'' after the semicolon and inserting ``, including abusive behavior and attacks targeting individuals with disabilities; and''; and (bb) in item (ff), by striking ``(vii); and'' and inserting ``(viii);'' (II) in subclause (II), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: ``(III) an assurance that all prevention and awareness programs and materials are accessible to, and inclusive of the needs of, individuals with disabilities, including those who are deaf or blind or have cognitive, intellectual, or communication disabilities; and ``(IV) an assurance that campus security personnel and other individuals responsible for the provision of information or resources under this subsection receive training about working with individuals with disabilities.''; (ii) in the matter preceding subclause (I) of clause (iii), by inserting ``and in such formats as are necessary to ensure their accessibility to individuals with disabilities,'' after ``writing''; (iii) in clause (iv)-- (I) in subclause (I)-- (aa) in item (aa), by striking ``and'' after the semicolon; and (bb) by inserting after item (bb) the following: ``(cc) be conducted by officials who receive annual training on how to conduct an investigation and hearing process with an accuser or an accused who has a disability, including individuals who are blind or deaf or have cognitive, intellectual, or communication disabilities; and ``(dd) be accessible to individuals with disabilities, including individuals who are blind, deaf, or have cognitive, intellectual, or communication disabilities;''; (II) in subclause (II)-- (aa) by striking ``the accuser'' and inserting ``with respect to such proceedings-- ``(aa) the accuser''; and (bb) by inserting after item (aa), as added by item (aa), the following: ``(bb) an accuser or an accused with a disability who discloses such disability is also entitled to be accompanied to any such meeting or proceeding by an interpreter, transliterator, or other individual providing communication assistance services, provided by the institution in accordance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), to ensure the accuser or accused's ability to fully participate; and ``(cc) the accuser and the accused are entitled to the same opportunities to request accommodations related to their disabilities; and''; and (III) in subclause (III), in the matter preceding item (aa), by inserting ``and in such accessible format as is required in the case of an accuser or an accused individual with a disability'' following ``shall be simultaneously informed, in writing''; and (iv) by adding after clause (vii) the following: ``(viii) Information about the accommodations available to individuals with disabilities with respect to such programs and procedures, how individuals with disabilities may request such accommodations, and an assurance that such accommodations will be provided in a timely manner such that access to programs and the timing of procedures under this subparagraph shall not be substantially impeded.''; (B) in subparagraph (C), by striking ``(vii)'' and inserting ``(viii)''; and (C) by inserting after subparagraph (C) the following: ``(D) All materials, websites, and other forms of communication associated with the policy described in subparagraph (A) shall be provided in accessible formats for individuals with disabilities, including those individuals who are deaf, blind, or have cognitive, intellectual, or communication disabilities. Provision of such accessible formats shall be timely and shall include procedures for addressing problems and failures of any accessibility technology involved.''. (b) Technical Correction.--Section 120(a)(2)(B)(i) of the Higher Education Act of 1965 (20 U.S.C. 1011i(a)(2)(B)(i)) is amended by striking ``485(f)(6)'' and inserting ``485(f)(7)''. &lt;all&gt; </pre></body></html>
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118S1071
RISE Act
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ], [ "M0001...
<p><b>Respond, Innovate, Succeed, and Empower Act or the RISE Act</b><strong></strong></p> <p>This bill establishes&nbsp;requirements for institutions of higher education (IHEs) concerning students with disabilities.</p> <p>Specifically, the bill requires IHEs to allow students to use certain documents, such as individualized education programs, to&nbsp;establish their disabilities.</p> <p>In addition, IHEs must make the process for determining the eligibility for accommodations transparent.</p> <p>Finally,&nbsp;IHEs must submit key data related to their undergraduate students with disabilities for inclusion in federal postsecondary institution data collection efforts.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1071 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1071 To amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey (for himself, Mr. Cassidy, Ms. Hassan, Mr. Young, Mr. Markey, Mr. Kaine, Mrs. Shaheen, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to provide students with disabilities and their families with access to critical information needed to select the right college and succeed once enrolled. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Respond, Innovate, Succeed, and Empower Act'' or the ``RISE Act''. SEC. 2. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY. Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 1003(6)) is amended by striking ``section 3(2)'' and inserting ``section 3''. SEC. 3. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED IN COLLEGE. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30)(A) The institution will carry out the following: ``(i) Adopt policies that make any of the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability: ``(I) Documentation that the individual has had an individualized education program (IEP) in accordance with section 614(d) of the Individuals with Disabilities Education Act, including an IEP that may not be current on the date of the determination that the individual has a disability. The institution may ask for additional documentation from an individual who had an IEP but who was subsequently evaluated and determined to be ineligible for services under the Individuals with Disabilities Education Act, including an individual determined to be ineligible during elementary school. ``(II) Documentation describing services or accommodations provided to the individual pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (commonly referred to as a `Section 504 plan'). ``(III) A plan or record of service for the individual from a private school, a local educational agency, a State educational agency, or an institution of higher education provided in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(IV) A record or evaluation from a relevant licensed professional finding that the individual has a disability. ``(V) A plan or record of disability from another institution of higher education. ``(VI) Documentation of a disability due to service in the uniformed services, as defined in section 484C(a). ``(ii) Adopt policies that are transparent and explicit regarding information about the process by which the institution determines eligibility for accommodations. ``(iii) Disseminate such information to students, parents, and faculty in an accessible format, including during any student orientation and making such information readily available on a public website of the institution. ``(B) Nothing in this paragraph shall be construed to preclude an institution from establishing less burdensome criteria than that described in subparagraph (A) to establish an individual as an individual with a disability and therefore eligible for accommodations.''. SEC. 4. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION AND TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH DISABILITIES. Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 1140q(a)) is amended-- (1) in paragraph (1), by striking ``From amounts appropriated under section 778,'' and inserting ``From amounts appropriated under paragraph (5),''; and (2) by adding at the end the following: ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $10,000,000.''. SEC. 5. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amended by section 3, is further amended by adding at the end the following: ``(31) The institution will submit, for inclusion in the Integrated Postsecondary Education Data System (IPEDS) or any other Federal postsecondary institution data collection effort, key data related to undergraduate students enrolled at the institution who are formally registered as students with disabilities with the institution's office of disability services (or the equivalent office), including the total number of students with disabilities enrolled, the number of students accessing or receiving accommodations, the percentage of students with disabilities of all undergraduate students, and the total number of undergraduate certificates or degrees awarded to students with disabilities. An institution shall not be required to submit the information described in the preceding sentence if the number of such students would reveal personally identifiable information about an individual student.''. SEC. 6. RULE OF CONSTRUCTION. None of the amendments made by this Act shall be construed to affect the meaning of the terms ``reasonable accommodation'' or ``record of impairment'' under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under such Act. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S1072
PREP for All Students Act
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ] ]
<p><b>Promoting Responsible Emergency Protocols for All Students Act or the PREP for All Students Act</b><strong></strong></p> <p>This bill establishes the Council on Emergency Response Protocols. The council must, among other duties, provide guidelines for states, early child care and education settings, local educational agencies, and institutions of higher education to use in developing and implementing emergency response protocols (e.g., gun violence response and prevention protocols, natural disaster preparedness procedures, and fire drills) that are inclusive and accessible.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1072 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1072 To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early child care and education settings, and institutions of higher education, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey (for himself and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To create a Council on Emergency Response Protocols to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols in public schools, early child care and education settings, and 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 ``Promoting Responsible Emergency Protocols for All Students Act'' or the ``PREP for All Students Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The lack of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols for children and youth in public schools, early child care and education settings, and institutions of higher education is not a trivial issue: (A) In 2016, there were 12,032,000 children from ages 3 to 5 enrolled in preprimary education programs, and almost one-quarter of children under the age of 5 are in some form of child care arrangement, including nurseries, child care centers, and preschools. (B) In the 2017-2018 school year-- (i) 14 percent of students in grades kindergarten through grade 12 had a disability; and (ii) 11 percent of students in postbaccalaureate programs self-identified as having a disability. (2) As of the date of enactment of this Act, little has been done to integrate specific populations, such as children and youth at various developmental stages or children and youth with disabilities, into emergency preparedness planning. (3) In 2018 alone, there were 108 natural disasters in the United States, including severe thunderstorms, floods, wildfires, droughts, earthquakes, and other extreme weather. (4) During the 16 academic years from 2000 through 2015, there were 85 fatal fires in dormitories, fraternities, sororities, and off-campus housing, resulting in 118 fatalities--an average of approximately 7 per school year. (5) The risks associated with natural and manmade disasters have a disproportionate impact on individuals with disabilities. People with disabilities are 2 to 4 times more likely to die or sustain critical injuries during a disaster than people without disabilities. (6) Technology plays an increasingly vital role in emergency communications but remains largely inaccessible for many individuals with disabilities. (7) The rise of gun violence and gun violence-related deaths has contributed to the expansion of school security technologies and devices. While such technologies and devices have the potential to save lives, they have largely been developed without consideration of the needs of students at various developmental stages or students with disabilities. Thus, there may be inherent biases within these technologies and devices that disadvantage or create bias toward specific populations. (8) As of the date of enactment of this Act, 92 percent of schools nationwide have an active shooter lockdown protocol. More than 1,000,000 elementary-age children experienced a lockdown in the 2017-2018 school year, and among that group, at least 220,000 were in kindergarten or prekindergarten. (9) While the Department of Homeland Security active shooter emergency guidelines recommend that students and personnel in school and early child care and education settings ``Run, Hide, and Fight'', these strategies can exacerbate danger for young children in prekindergarten and child care centers, and can exclude and put at risk students with a wide range of disabilities. (10) At the height of the 2019 novel coronavirus (COVID-19) pandemic, emergency closures of early education centers, elementary schools, secondary schools, and institutions of higher education created great disruptions in learning and cast a light on educational institutions' lack of preparedness protocols for public health emergencies. (11) During the pandemic, early child care and education remains indispensable for the development of children and for millions of health care workers, first responders, educators, and essential personnel, and it is imperative that early child care and education centers and schools have emergency preparedness plans to ensure the safety of students and educators. (12) Emergency preparation drills and real-life lockdowns where danger may be external can create undue stress, fear, and trauma in children, youth, employees, and other specific populations in schools, early child care and education settings, and institutions of higher education. (13) Traumatic events have a long-lasting and profound sensory impact on young children, as birth to age 5 is a critical developmental age. Frightening visual stimuli, loud noises, violent movements, and other sensations associated with an unpredictable frightening event, such as in an emergency preparation drill or lockdown, can cause substantial stress. Unlike older children, young children cannot express in words whether they feel afraid, overwhelmed, or helpless, and may have difficulty regulating their behavior and emotions after experiencing trauma. (14) There is an increasing need to ensure the establishment of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, in public schools, early child care and education settings, and institutions of higher education. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``elementary school'', ``local educational agency'', ``paraprofessional'', ``school leader'', ``secondary school'', and ``specialized instructional support personnel'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Accessible.--The term ``accessible'', when used with respect to an emergency response protocol, means a protocol that-- (A) is developed in full compliance with title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and (B) accounts for a comprehensive range of disabilities, including children and youth who use nonspeech modes of communication. (3) Council.--The term ``Council'' means the Council on Emergency Response Protocols established under section 4. (4) Culturally aware.--The term ``culturally aware'', when used with respect to an emergency response protocol, means a protocol that-- (A)(i) incorporates the roles of first responder personnel, law enforcement personnel, school resource officers, and other authorities in the communities where the students live and attend school; (ii) takes into account the use and prevalence of firearms in such communities; and (iii) is cognizant of the ways in which African- American students and students of other racial or ethnic minority groups are more likely to face disciplinary action in schools; (B) is designed to be sensitive to and respect cultural differences and differences in customs and worldview; and (C) considers the ways in which certain emergency events have disparate impact on African Americans, Native peoples, and other racial and ethnic minorities. (5) Developmentally appropriate.--The term ``developmentally appropriate'', when used with respect to an emergency response protocol, means a protocol that is appropriate for children's ages and physical, social, sensory, and emotional developmental statuses. (6) Disability.--The term ``disability'' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (7) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (8) Trauma-informed.--The term ``trauma-informed'', when used with respect to an emergency response protocol, means a protocol that-- (A) recognizes the prevalence of trauma and the role that trauma plays in the lives of children, youth, and survivors of trauma; (B) considers the physical, psychological, and emotional well-being of individuals during and after an emergency event; and (C) takes an approach that actively combats the traumatization or retraumatization of children, youth, and survivors of trauma. SEC. 4. ESTABLISHMENT OF COUNCIL ON EMERGENCY RESPONSE PROTOCOLS. (a) Establishment.--There is established a Council on Emergency Response Protocols. (b) Composition.-- (1) Chairperson.--The Secretary of Education, in an expeditious manner, shall appoint an individual who represents one of the categories described in paragraph (2) to serve as a member and chairperson of the Council. (2) Appointed members.--By not later than 90 days after the date of enactment of this Act, the chairperson of the Council shall appoint a member to the Council for each of the following categories (except for the category represented by the chairperson): (A) An executive director or a representative from a national organization representing individuals with disabilities. (B) An executive director or a representative from a national organization representing early child care educators. (C) The executive director or a representative from a national organization representing law enforcement officials. (D) The executive director or a representative from an organization focused on emergency preparedness training in early child care. (E) A member of an organization representing teachers, school leaders, specialized instructional support personnel, and paraprofessionals. (F) A member of an organization representing school-based child welfare and mental health professionals. (G) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has demonstrated disability advocacy experience in kindergarten through grade 12 education. (H) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has been enrolled in an institution of higher education for at least a year during the 5 years prior to the date of the individual's appointment to the Council. (I) An individual with a physical, sensory, intellectual, developmental, mental health, or other disability who has been enrolled in an institution of higher education for a year prior to the date of the individual's appointment to the Council. (J) A parent or guardian of a child in an early child care and education program. (K) A parent or guardian of a child with a physical, sensory, intellectual, or developmental disability in-- (i) an early child care and education program; or (ii) a public elementary school or secondary school. (3) Federal members.-- (A) Department of education members.--The following officers of the Department of Education shall serve as members of the Council: (i) The Assistant Secretary of the Office of Planning, Evaluation and Policy Development. (ii) The Assistant Secretary of the Office of Special Education and Rehabilitative Services. (iii) The Assistant Secretary for Civil Rights. (iv) The Director of the Office of Innovation and Early Learning. (v) The Director of the Office of Special Education Programs. (B) Health and human services members.--The following officers of the Administration for Children and Families of the Department of Health and Human Services shall serve as members of the Council: (i) The Director of the Office of Child Care. (ii) The Director of the Office of Head Start. (C) FEMA member.--The Administrator of the Federal Emergency Management Agency shall serve as a member of the Council. (4) Additional requirements for representation.--The chairperson shall, to the best of the chairperson's ability, promote representation among the membership of the Council, including-- (A) ensuring that not less than one of the members appointed under paragraph (2) has directly experienced, as a student, gun violence or another emergency event in which a lockdown protocol was enforced in an educational setting that was the primary target of the emergency event; and (B) ensuring diversity among members appointed under such paragraph with regard to race, ethnicity, disability, gender identity and expression, age, sexual orientation, primary language, and other demographic characteristics. (c) Meetings.-- (1) Initial meeting.--The Council shall hold its first meeting not later than 90 days after the date of enactment of this Act. (2) Frequency.--The Council shall meet at the call of the chairperson. (3) Quorum.--A majority of the members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 5. DUTIES. (a) Hearing.--The Council shall hold a hearing with relevant stakeholders, including students and educators, principals and other school leaders, child care experts, disability advocates, civil rights advocates, law enforcement personnel, security experts, and others, not later than 120 days after the date of enactment of this Act. (b) Study and Review.--The Council shall-- (1) study emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, for educational settings including early child care and education settings, elementary schools and secondary schools, and institutions of higher education; and (2) conduct a complete and thorough review of the relevant literature and research surrounding emergency response protocols in such educational settings and the impact that emergency response protocols can have on specific populations of children, youth, and employees, including the effects on children living in poverty and children of color. (c) Recommendations and Guidelines.--After completing the study and review described in subsection (b), the Council shall provide-- (1) recommendations that ensure that States, early child care and education settings, local educational agencies, and institutions of higher education are provided with accurate information about the needs of specific populations of children, youth, and employees during emergencies; (2) guidelines for States, early child care and education settings, local educational agencies, and institutions of higher education to use in developing and implementing emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that are inclusive and accessible; and (3) guidelines-- (A) for the development and implementation of accessible, developmentally appropriate, culturally aware, and trauma-informed emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that include information about-- (i) preparedness drills, including discussions and seminars on emergency preparedness, workshops, and full-scale emergency simulations; (ii) emergency communications; (iii) training for educators, early child care and education staff, administrators, and support personnel, including-- (I) training addressing implicit biases on the basis of race, national origin, socioeconomic status, religion, disability, and sex (including sexual orientation and gender identity); and (II) other training to ensure the nondiscriminatory application of protocols and treatment of students; (iv) the use of technology; and (v) other issues determined appropriate by the Council; (B) for the use of Federal funds by States, early child care and education programs, local educational agencies, and institutions of higher education to develop and implement emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures, that are inclusive and accessible; and (C) for States to create and develop recommendations for oversight for public elementary schools and secondary schools, early child care and education settings, and institutions of higher education to ensure any emergency response protocols-- (i) are inclusive and accessible; (ii) protect student privacy; and (iii) avoid exacerbating risk for children and youth with disabilities, young children, employees, and other specific populations. (d) Report.--By not later than 18 months after the date of enactment of this Act, the Council shall prepare and submit to Congress a detailed report that contains-- (1) findings from stakeholders related to the challenges faced by children and youth with disabilities, young children, and other specific populations with regard to emergency response protocols, including gun violence response and prevention protocols, natural disaster preparedness procedures, fire drills, and other emergency preparation drills or lockdown procedures; and (2) the recommendations and guidelines described in subsection (c). SEC. 6. POWERS OF COUNCIL. (a) Hearings.--The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Council may secure directly from a Federal department or agency such information as the Council considers necessary to carry out this Act. (2) Furnishing information.--On request of the chairperson of the Council, the head of the department or agency shall furnish the information to the Council. (c) Postal Services.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 7. COUNCIL PERSONNEL MATTERS. (a) Compensation of Members.--Only members of the Council representing categories described in subparagraphs (G) through (K) of section 4(b)(2) shall be compensated for their work for the Council. Such members may receive compensation at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the members are engaged in the performance of the duties of the Council. (b) Travel Expenses.--A member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (c) Staff.-- (1) In general.--The chairperson of the Council may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Council to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Council. (2) Compensation.--The chairperson of the Council may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--A Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 8. TERMINATION OF COUNCIL. The Council shall terminate 60 days after the date on which the Council submits the report required under section 5(d). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Council to carry out this Act a total of $500,000 for fiscal years 2024 and 2025. (b) Availability.--Any sums appropriated under subsection (a) shall remain available, without fiscal year limitation, until expended. &lt;all&gt; </pre></body></html>
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118S1073
AMERICA Act
[ [ "L000577", "Sen. Lee, Mike [R-UT]", "sponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "R000595", "Sen. ...
<p><b>Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act or the AMERICA Act</b><br> <br> This bill limits certain large digital advertising companies from owning multiple types of advertising exchanges or brokerages and imposes certain duties with respect to the interests of the customers of such brokerages. Advertising exchanges and brokerages generally facilitate advertisers and publishers in buying and selling advertising inventory through an automated bidding process.<br> <br> Specifically, companies with more than $20 billion in annual digital advertising revenue are prohibited from owning more than one type of service within the digital advertising marketplace. For example, a company, such as Google, may not own a digital advertising exchange and provide software that assists publishers of online advertisements in selling advertising space on their websites.<br> <br> Additionally, companies with more than $5 billion in annual digital advertising revenue that provide brokerage services to buyers or sellers of digital advertisements must act in the best interest of their brokerage customers. The bill also establishes transparency and privacy requirements for such brokerages.<br> <br> The bill provides for enforcement of these requirements by the Department of Justice, state attorneys general, and private right of action.</p> <p><br> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1073 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1073 To amend the Clayton Act to prevent conflicts of interest and promote competition in the sale and purchase of digital advertising. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Lee (for himself, Ms. Klobuchar, Mr. Cruz, Mr. Blumenthal, Mr. Rubio, Ms. Warren, Mr. Schmitt, Mr. Hawley, Mr. Kennedy, Mr. Graham, and Mr. Vance) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Clayton Act to prevent conflicts of interest and promote competition in the sale and purchase of digital advertising. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act'' or the ``AMERICA Act''. SEC. 2. DIGITAL ADVERTISING TRADING TRANSPARENCY AND COMPETITION. The Clayton Act (15 U.S.C. 12 et seq.) is amended by inserting after section 8 (15 U.S.C. 19) the following: ``SEC. 8A. COMPETITION AND TRANSPARENCY IN DIGITAL ADVERTISING. ``(a) Definitions.--In this section: ``(1) Brokerage customer.--The term `brokerage customer' means a person who has purchased or sold digital advertisements, or directly related goods or services, through a buy-side brokerage or a sell-side brokerage. ``(2) Buy-side brokerage.--The term `buy-side brokerage' means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for other buyers. ``(3) Digital advertisement.--The term `digital advertisement' means an advertisement that is served electronically over a computer network, including the internet. ``(4) Digital advertising exchange.--The term `digital advertising exchange' means a person who constitutes, maintains, or provides a marketplace for or facilitates bringing together buyers and 1 or more third-party sellers of digital advertisements, or for otherwise performing with respect to digital advertising the functions commonly performed by a digital advertising marketplace. ``(5) Digital advertising revenue.--The term `digital advertising revenue' means the greater of-- ``(A) global revenue derived from or directly related to the operation of a digital advertising exchange, a buy-side brokerage, or a sell-side brokerage; ``(B) the sum of the clearing prices of all digital advertisements bought or sold from or through a digital advertising exchange; ``(C) the total value of the gross advertising spending managed by a buy-side brokerage; or ``(D) the total value of the gross advertising sales managed by a sell-side brokerage. ``(6) Divestiture deadline.--The term `divestiture deadline' means the later of-- ``(A) 30 days after the date on which the Attorney General approves or denies a required divestiture; or ``(B) 30 days after the expiration of any applicable waiting period specified in section 7A. ``(7) Effective date.--The term `effective date' means the date that is 1 year after the date of enactment of this section. ``(8) Own.--The term `own' means to own, operate, or control, directly or indirectly, in whole or in part. ``(9) Person.--The term `person' includes-- ``(A) any subsidiary of an entity; and ``(B) any corporate parent of an entity. ``(10) Required divestiture.--The term `required divestiture'-- ``(A) means a divestiture, sale, or other transaction undertaken to comply with any provision of this Act; and ``(B) does not include any action required by a court of the United States. ``(11) Sell-side brokerage.--The term `sell-side brokerage' means a person in the business of effecting transactions on digital advertising exchanges, including by offering software or services that assist in serving or displaying digital advertisements, for third-party sellers. ``(12) Third-party.--The term `third-party' means, for each person subject to this Act, an entity that-- ``(A) neither owns nor is owned by the person; and ``(B) is not affiliated with the person through direct or indirect ownership or control. ``(b) Prohibitions.--No person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may, after the effective date-- ``(1) own a digital advertising exchange if the person-- ``(A) owns a sell-side brokerage or a buy-side brokerage; or ``(B) is a seller of digital advertising space; ``(2) own a sell-side brokerage if the person owns a buy- side brokerage; or ``(3) own a buy-side brokerage or a sell-side brokerage if the person is a buyer or seller of digital advertising space. ``(c) Requirements.--On and after the effective date, any person with more than $5,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year shall be subject to the following requirements: ``(1) Best interest duty.--A buy-side brokerage or sell- side brokerage-- ``(A) shall, in the course of providing services as a brokerage, use reasonable diligence, care, and skill to act in the best interests of the brokerage customers; and ``(B) may not put the interests of the brokerage ahead of those of the brokerage customers. ``(2) Best execution duty.--A buy-side brokerage or sell- side brokerage shall seek the most favorable terms reasonably available under the circumstances for each order transaction of the brokerage customer. ``(3) Transparency requirements.-- ``(A) In general.--Upon written request from a brokerage customer, a buy-side brokerage or sell-side brokerage shall supply to the brokerage customer, within a reasonable time, information sufficient to permit the brokerage customer to verify compliance of the brokerage with the obligations under paragraphs (1) and (2). ``(B) Contents.--The information described in subparagraph (A) shall include, if requested and to the extent such information is collected by the brokerage in the ordinary course of business-- ``(i) in the case of a sell-side brokerage providing information to a sell-side brokerage customer-- ``(I) a unique and persistent identifier that identifies each unique digital advertising space for sale; ``(II) for each identifier described in subclause (I), all bids received, and, for each bid received, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, the winning price, the uniform resource locator or other property identifier at the lowest level of granularity, the identity of the digital advertising exchange or other digital advertising venue returning the bid, date, time that the bid response was received in microseconds or a lower level of granularity, web domain associated with the advertising creative, the advertising creative size and format, and whether the bid won the impression of the seller; ``(III) the nature of any data collected or derived from the brokerage customer or any user or customer of the brokerage customer, and the ways in which the data is used by the sell-side brokerage; ``(IV) the order or bid routing practices or processes, including any material exceptions to the standard practice of the brokerage; and ``(V) the source and nature of any compensation paid or received in connection with transactions; and ``(ii) in the case of a buy-side brokerage providing information to a buy-side brokerage customer-- ``(I) all bids won by the buy-side brokerage customer, and for each bid won, the maximum allowed bid of the advertiser, if any, the uniform resource locator or other property identifier at the lowest level of granularity, date, the digital advertising exchange, the web domain associated with the advertising creative, the advertising creative size and format, the winning price, the bid submitted to the digital advertising exchange on behalf of the buy-side brokerage customer, and, if possible, whether the ad served and whether the ad rendered; ``(II) the order or bid routing practices or processes; and ``(III) the source and nature of any compensation paid or received in connection with transactions. ``(C) Retention of records.--Brokerages shall retain the applicable records specified in subparagraph (B) collected in the ordinary course of business until provided to a requesting brokerage customer but not longer than 90 days. Brokerages shall retain billing information for brokerage customers for not fewer than 12 months. ``(D) User privacy.-- ``(i) In general.--When providing information to a brokerage customer in response to a request authorized by subparagraph (A), the brokerage shall, to the greatest extent possible consistent with the purpose of subparagraph (A), anonymize, hash, or otherwise render the information incapable of being tied to an individual web user. ``(ii) Prohibiting tracking.--A brokerage customer may not use data or information received in response to a request made under subparagraph (A) for any purpose other than-- ``(I) verifying compliance of a brokerage with the obligations under paragraphs (1) and (2); or ``(II) bringing an action under subsection (d)(3). ``(4) Firewalls.-- ``(A) Buy-side and sell-side brokerages.--Buy-side brokerages and sell-side brokerages shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure compliance with the obligations under this subsection. ``(B) Other persons.--Persons not subject to prohibitions under subsection (b) shall establish, maintain, and enforce written policies and procedures reasonably designed to ensure that the buy-side brokerage, sell-side brokerage, digital advertising exchange, and role as a buyer or seller of digital advertising, as applicable, operate separate and independent from one another and transact business at arm's length. ``(5) Fair access duty.--A digital advertising exchange shall provide every buyer and seller in the exchange fair access, including with respect to operations of the exchange, colocation, any technology systems or data, information related to transactions, service, or products offered, exchange processes, and functionality. ``(6) Time synchronization.--A digital advertising exchange, buy-side brokerage, or sell-side brokerage shall-- ``(A) synchronize its business clocks at a minimum to within a 2 milliseconds tolerance of the time maintained by the atomic clock of the National Institute of Standards and Technology; and ``(B) maintain the synchronization described in subparagraph (A). ``(7) Data ownership.--All records pertaining to an order solicited or submitted by a brokerage customer, and the subsequent result of the order, shall remain the property of the customer, including any bids solicited from or submitted to any digital advertising exchange, unless the information is otherwise publicly available. ``(8) Routing practices disclosure.-- ``(A) In general.--Every sell-side brokerage and buy-side brokerage shall-- ``(i) make publicly available for each calendar quarter a report on the order routing practices of the sell-side brokerage or buy- side brokerage, as applicable, for digital advertisements during the quarter broken down by calendar month; and ``(ii) retain the report described in clause (i) posted on an internet website that is free and readily accessible to the public for the 3-year period beginning on the date on which the report is posted. ``(B) Format.--Reports made available pursuant to subparagraph (A) shall-- ``(i) be rendered in a format that makes the reports readily informative to the average brokerage customer; and ``(ii) include for the 10 venues to which the largest number of total bid requests or bid responses were routed for execution and for any venue to which 5 percent or more of bid requests or bid responses were routed for execution-- ``(I) the total number of bids routed; ``(II) the total number of bids executed; ``(III) the fill rate of bids; ``(IV) the average net execution fee or rebate per 1,000 impressions; ``(V) the average time in milliseconds between when a bid request is sent and when a bid response is received; and ``(VI) the value and form of any compensation given in exchange for routing or execution. ``(9) Certification.--A digital advertising exchange, buy- side brokerage, or sell-side brokerage shall certify to the Attorney General on an annual basis that the digital advertising exchange has complied with the requirements under this subsection. ``(d) Enforcement.-- ``(1) Attorney general and state attorneys general.-- ``(A) Definition.--In this paragraph, the term `Fund' means the Antitrust Consumer Damages Fund established under subparagraph (D). ``(B) Civil action.--The Attorney General and State attorneys general may bring an action on behalf of persons in the United States injured in their business or property by reason of any violation of this section in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall-- ``(i) in a case brought by the Attorney General or a State attorney general, be entitled to injunctive relief; and ``(ii) in a case brought by the Attorney General, recover damages sustained by such persons. ``(C) Damages.-- ``(i) In general.--The court may award under this subsection, pursuant to a motion by the Attorney General promptly made, simple interest on actual damages in accordance with subparagraph (B). ``(ii) No duplicative award.--A court may not award any damages under this subparagraph that are duplicative of damages awarded before the date of the award under this subparagraph in a separate civil action pertaining to the same conduct and injured party. ``(iii) Payments.--A court awarding damages to a person in a civil action after the date of an award of damages under this subsection that would be duplicative of damages awarded to the Attorney General on behalf of the person shall direct that such damages shall first be paid by the Attorney General from amounts in the Fund and, to the extent such damages are not fully paid from amounts in the Fund, shall be paid by the defendant. ``(D) Antitrust consumer damages fund.-- ``(i) In general.--There is established in the Treasury of the United States a fund to be known as the `Antitrust Consumer Damages Fund', which shall consist of amounts deposited under clause (ii). ``(ii) Deposits and availability.-- Notwithstanding section 3302 of title 31, United States Code, any amounts received by the Attorney General under an award under this subsection-- ``(I) shall be deposited in the Fund; and ``(II) shall be available to the Attorney General, without further appropriation, for distribution to persons in the United States harmed by the applicable violation of the Sherman Act (15 U.S.C. 1 et seq.). ``(iii) Deposits into general fund.-- Effective on the day after the date that is 10 years after the date on which an award is received under this paragraph, the unobligated balances in the Fund of amounts that were received under the award are rescinded and shall be deposited in the general fund of the Treasury. ``(2) Divestiture enforcement.--The Attorney General may bring an action on behalf of the United States in any district court of the United States in the district in which the defendant resides or is found or has an agent, and may obtain injunctive relief upon showing by a preponderance of the evidence that the defendant has-- ``(A) violated a requirement of subsection (e); or ``(B) undertaken a required divestiture that unnecessarily harms or threatens competition in any market. ``(3) Private right of action.-- ``(A) In general.--A brokerage customer harmed by a knowing violation of subsection (c) by a person with more than $20,000,000,000 (as adjusted each year on January 1 by an amount equal to the percentage increase, if any, in the Consumer Price Index, as determined by the Department of Labor or its successor) in digital advertising revenue during the previous calendar year may bring a civil action in an appropriate court to obtain injunctive relief, if appropriate, and recover damages in the amount of the greater of-- ``(i) $1,000,000 for each month in which the violation occurred and reasonable attorney's fees; or ``(ii) actual damages and reasonable attorney's fees. ``(B) No class action waiver.--No person covered by this section may require a class action waiver for claims under this section, including for arbitration. ``(C) Timing.--A civil action for a violation of subsection (b) may be brought at any time after the later of-- ``(i) the expiration of any applicable divestiture deadline; or ``(ii) the expiration of the deadline described in subsection (e)(1) if no filing has been made. ``(e) Divestiture.-- ``(1) Filing.--Any agreement or other document setting out the terms of a required divestiture shall be filed with the Attorney General not later than the later of-- ``(A) the effective date; or ``(B) the earlier of-- ``(i) 30 days after the date on which an agreement making a required divestiture under this Act is executed; or ``(ii) 180 days after meeting the criteria specified in any paragraph of subsection (b). ``(2) Attorney general review.--The Attorney General shall approve a required divestiture upon a showing by the person making the divestiture that the terms of the divestiture, including the qualifications of any counterparty to the divestiture, will not unnecessarily harm or threaten competition in any market. ``(3) Timing.-- ``(A) In general.--The Attorney General shall grant or deny approval of a required divestiture, unless agreed to by the parties, not later than the later of-- ``(i) 60 days after receipt of all information obtained pursuant to subparagraph (5); or ``(ii) 60 days after receipt of the filing made under subparagraph (1). ``(B) Completion.--A divestiture shall be completed not later than the divestiture deadline. ``(4) Guidance.--The Attorney General shall-- ``(A) not later than 120 days after the date of enactment of this section, issue guidance on the divestiture process under this subsection and the certification requirement under subsection (c)(9); and ``(B) update the guidance described in subparagraph (A) as the Attorney General determines is appropriate. ``(5) Compulsory process.--The Attorney General may request or issue a civil investigative demand under section 3 of the Antitrust Civil Process Act (15 U.S.C. 1312) for documents from any person involved in a required divestiture to determine the competitive effects of the divestiture. ``(f) Rules of Construction.--Nothing in this section shall-- ``(1) prohibit a person from-- ``(A) selling their own inventory of advertising space if-- ``(i) the inventory was not acquired solely for the purposes of resale, except to monetize the content or intellectual property of the person; and ``(ii) the person does not also assist a third party in the sale or purchase of advertising space, other than purchasing advertising space from the person; or ``(B) buying inventory to market the products or services of the person; ``(2) abridge or supersede any provision of, or rules issued pursuant to, section 7A; ``(3) prohibit a person from, consistent with the antitrust laws, entering into a joint venture or other collaboration to prevent harm from spam, fraud, or other forms of abuse in digital advertising; or ``(4) require the disclosure of information if the disclosure would violate a law of the United States or a foreign country.''. &lt;all&gt; </pre></body></html>
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118S1074
Taiwan Protection and National Resilience Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "P000595", "Sen. Peters, Gary C. [D-MI]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1074 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1074 To require a strategy for countering the People's Republic of China. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rubio (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To require a strategy for countering the People's Republic of 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 ``Taiwan Protection and National Resilience Act of 2023''. SEC. 2. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF CHINA. (a) Identification of Vulnerabilities and Leverage.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that identifies-- (1) goods and services from the United States that are relied on by the People's Republic of China such that that reliance presents a strategic opportunity and source of leverage against the People's Republic of China; and (2) procurement practices of the United States Armed Forces and other Federal agencies that are reliant on trade with the People's Republic of China and other inputs from the People's Republic of China, such that that reliance presents a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit. (b) Strategy To Respond to Coercive Action.-- (1) In general.--Not later than 180 days after the submission of the report required by subsection (a), the Secretary of the Treasury, in consultation with the Secretary of the Defense, the Secretary of Commerce, the Secretary of State, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report, utilizing the findings of the report required by subsection (a), that describes a comprehensive sanctions strategy to advise policymakers on policies the United States and allies and partners of the United States could adopt with respect to the People's Republic of China in response to any coercive action, including an invasion, by the People's Republic of China that infringes upon the territorial sovereignty of Taiwan by preventing access to international waterways, airspace, or telecommunications networks. (2) Elements.--The strategy required by paragraph (1) shall include policies that-- (A) restrict the access of the People's Liberation Army to oil, natural gas, munitions, and other supplies needed to conduct military operations against Taiwan, United States facilities in the Pacific and Indian Oceans, and allies and partners of the United States in the region; (B) diminish the capacity of the industrial base of the People's Republic of China to manufacture and deliver defense articles to replace those lost in operations of the People's Liberation Army against Taiwan, the United States, and allies and partners of the United States; (C) inhibit the ability of the People's Republic of China to evade United States and multilateral sanctions through third parties, including through secondary sanctions; and (D) identify specific sanctions-related tools that may be effective in responding to coercive action described in paragraph (1) and assess the feasibility of the use and impact of the use of those tools. (c) Recommendations for Reduction of Vulnerabilities and Leverage.--Not later than 180 days after the submission of the report required by subsection (a), the Secretary of Commerce, in consultation the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the United States Trade Representative, the Director of the Office of Federal Procurement Policy, and the Director of the Office of Science and Technology Policy, shall submit to the appropriate committees of Congress a report that-- (1) identifies critical sectors within the United States economy that rely on trade with the People's Republic of China and other inputs from the People's Republic of China (including active pharmaceutical ingredients, rare earth minerals, and metallurgical inputs), such that those sectors present a strategic vulnerability and source of leverage that the Chinese Communist Party could exploit; and (2) makes recommendations to Congress on steps that can be taken to reduce the sources of leverage described in paragraph (1) and subsection (a)(1), including through-- (A) provision of economic incentives and making other trade and contracting reforms to support United States industry and job growth in critical sectors and to indigenize production of critical resources; and (B) policies to facilitate ``near- or friend- shoring'', or otherwise developing strategies to facilitate that process with allies and partners of the United States, in other sectors for which domestic reshoring would prove infeasible for any reason. (d) Form.--The reports required by subsections (a), (b), and (c) shall be submitted in unclassified form but may include a classified annex. (e) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S1075
CARE for Mental Health Professionals Act
[ [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "sponsor" ] ]
<p><strong>Compacts, Access, and Responsible Expansion for Mental Health Professionals Act or the CARE for Mental Health Professionals Act</strong></p> <p>This bill establishes a grant program to promote interstate licensure compacts for mental health professionals. These are licensure agreements enacted by two or more states to mutually recognize the licenses of counselors, psychiatrists, psychologists, or pediatric mental health professionals.</p> <p>The Health Resources and Services Administration must award grants to interstate compact commissions or professional licensing boards. Recipients may use grants for projects to (1) incentivize mental health professionals to practice in states with interstate licensure compacts, and (2) develop or maintain interstate compact commissions.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1075 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1075 To direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a grant program to be known as the Mental Health Licensure Portability Program to award grants to eligible entities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. King introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a grant program to be known as the Mental Health Licensure Portability Program to award grants to eligible entities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Compacts, Access, and Responsible Expansion for Mental Health Professionals Act'' or the ``CARE for Mental Health Professionals Act''. SEC. 2. MENTAL HEALTH LICENSURE PORTABILITY PROGRAM. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator, shall establish a grant program to be known as the Mental Health Licensure Portability Program to award grants to eligible entities for projects to-- (1) incentivize counselors to practice in States that have entered into interstate compacts for the purpose of expanding the workforce of credentialed mental health professionals; and (2) develop, operate, or maintain interstate compact commissions authorized to effectuate the provisions of interstate compacts entered into by such States. (b) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Health Resources and Services Administration. (2) Commission.--The term ``commission'' means a joint interstate governmental agency comprised of States that have entered into an interstate compact for the purpose of implementing, facilitating, and effectuating provisions of such interstate compact. (3) Counselor.--The term ``counselor'' means a licensed professional that is trained to give guidance to individuals, families, and groups with respect to personal, social, or psychological problems. (4) Eligible entity.--The term ``eligible entity'' means a professional, psychiatric, psychological, social work, or pediatric counseling interstate compact commission or licensure board of a State that is participating in an occupational licensure interstate compact. (5) Interstate compact.--The term ``compact'' means an occupational licensure agreement enacted by 2 or more States that is based on the mutual recognition of professional qualifications through criteria stipulated in such agreement, in which a State agrees to recognize the issuance of a license by another State to a counselor, psychiatrist, psychologist, or pediatric mental health professional. (6) State.--The term ``State'' has the meaning given the term in section 6501 of title 31, United States Code. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 2024 through 2027. &lt;all&gt; </pre></body></html>
[ "Health", "Health personnel", "Intergovernmental relations", "Licensing and registrations", "Mental health" ]
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118S1076
The Consumer Protection and Due Process Act
[ [ "L000577", "Sen. Lee, Mike [R-UT]", "sponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1076 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1076 To amend section 13 of the Federal Trade Commission Act to provide for equitable relief, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Lee (for himself, Mr. Cruz, Mr. Hawley, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend section 13 of the Federal Trade Commission Act to provide for equitable relief, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``The Consumer Protection and Due Process Act''. SEC. 2. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT. (a) Provision of Equitable Relief; Authority To Refer to the Attorney General.-- (1) In general.--Section 13 of the Federal Trade Commission Act (15 U.S.C. 53) is amended by adding at the end the following: ``(e) Equitable Relief.-- ``(1) Restitution; contract rescission and reformation; refunds; return of property respecting unfair or deceptive acts or practices.-- ``(A) In general.--Subject to paragraph (4), in a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order-- ``(i) restitution for consumer loss that the court has a sound basis to conclude resulted from such violation; ``(ii) rescission or reformation of contracts; or ``(iii) the refund of property. ``(B) Limitations period.--In a suit brought under subsection (b)(2)(B), the Commission may bring a claim for relief under this paragraph not later than 3 years after the date on which the violation that gives rise to the suit in which the Commission seeks the claim occurs. ``(2) Disgorgement respecting unfair or deceptive acts or practices.-- ``(A) In general.--Subject to paragraph (4), in a suit brought under subsection (b)(2)(B), the Commission may seek, and the court may order, disgorgement of any unjust enrichment the court has a sound basis to conclude that a person, partnership, or corporation obtained as a result of that violation. ``(B) Calculation.--Any amount that a court orders a person, partnership, or corporation to pay under subparagraph (A) shall be offset by any amount a court orders the person, partnership, or corporation to pay or to return under paragraph (1)(A) and shall not exceed the net profits directly related to the violation by the person, partnership, or corporation. ``(C) Limitations period.--In a suit brought under subsection (b)(2)(B), the Commission may bring a claim for disgorgement under this paragraph not later than 3 years after the date on which the violation that gives rise to the suit in which the Commission seeks the claim occurs. ``(3) Calculation of limitations periods.--For purposes of calculating any limitations period under paragraph (1) or (2), any time in which a person, partnership, or corporation against which such equitable relief is sought is outside the United States shall not be counted for purposes of calculating such period. ``(4) Burden of proof; presumption.-- ``(A) Burden of proof.--The court may order equitable relief under paragraph (1) or (2) only if the Commission proves that-- ``(i) the act or practice which relates to the violation that gives rise to the suit in which the Commission seeks such relief is an act or practice that a reasonable individual would have known, under the circumstances, was unfair or deceptive within the meaning of section 5(a)(1); and ``(ii) a reasonable individual-- ``(I) materially relied on such act or practice; and ``(II) such act or practice proximately caused harm to the individual. ``(B) No presumption of material reliance.--For purposes of subparagraph (A)(ii)(I), the court may not presume that an individual materially relied on any unfair or deceptive acts or practices solely on the basis of a finding that such individual was exposed to such unfair or deceptive acts or practices. ``(f) Referral by the Commission.--In any action brought by the Commission under this section involving an unfair method of competition in which the court rules in favor of the Commission, the Commission may refer the action to the Attorney General to collect actual damages under section 4A(b) of the Clayton Act.''. (2) Conforming amendments.--Section 13 of the Federal Trade Commission Act (15 U.S.C. 53) is amended by striking subsection (b) and inserting the following: ``(b) Temporary Restraining Orders; Preliminary and Permanent Injunctions; Other Relief.--Whenever the Commission has reason to believe-- ``(1) that any person, partnership, or corporation has violated, is violating, or is about to violate any provision of law enforced by the Federal Trade Commission; and ``(2) that either-- ``(A) the enjoining thereof pending the issuance of a complaint by the Commission and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final, would be in the interest of the public; or ``(B) the permanent enjoining thereof or the ordering of equitable relief under subsection (e) would be in the interest of the public, the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to obtain such injunction or relief. In a case brought under paragraph (2)(A), upon a proper showing that, weighing the equities and considering the Commission's likelihood of ultimate success, a temporary restraining order or preliminary injunction would be in the public interest, and after notice to the defendant, a temporary restraining order or a preliminary injunction may be granted: Provided, however, That if a complaint is not filed within such period (not exceeding 20 days) as may be specified by the court after issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect: Provided further, That in a case brought under paragraph (2)(B), after proper proof, the court may issue a permanent injunction, equitable relief under subsection (e), or any other relief as the court determines to be just and proper, including temporary or preliminary equitable relief. Any suit under paragraph (2) may be brought where such person, partnership, or corporation resides or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code. In addition, the court may, if the court determines that the interests of justice require that any other person, partnership, or corporation should be a party in such suit, cause such other person, partnership, or corporation to be added as a party without regard to whether venue is otherwise proper in the district in which the suit is brought. In any such suit, process may be served on any person, partnership, or corporation wherever it may be found.''. (b) Amendments to Authority To Commence or Defend Litigation.-- (1) In general.--Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended-- (A) in subparagraph (A), by striking ``(relating to injunctive relief)''; and (B) in subparagraph (B), by striking ``(relating to consumer redress)''. (2) Technical amendment.--Section 16(a)(2)(D) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)(D)) is amended by striking ``subpena'' and inserting ``subpoena''. (c) Applicability.--The amendments made by subsections (a) and (b) shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this Act. SEC. 3. ACTIONS BY THE ATTORNEY GENERAL. (a) In General.--Section 4A of the Clayton Act (15 U.S.C. 15a) is amended-- (1) by striking ``Whenever'' and inserting ``(a) Whenever''; and (2) by adding at the end the following: ``(b)(1) The Attorney General may bring a civil action in the name of the United States, as parens patriae on behalf of natural persons residing in the United States who shall be injured in his or her business or property by reason of anything forbidden in the antitrust laws, in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover the damages sustained by him or her, and the cost of the suit, including a reasonable attorney's fee. ``(2) No damages or costs may be recovered for the same injury that was the basis for the action under that paragraph in addition to any damages or costs awarded in such action.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any action or proceeding that is commenced on or after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S1077
Home-Based Telemental Health Care Act of 2023
[ [ "R000605", "Sen. Rounds, Mike [R-SD]", "sponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "H001079", "Sen. Hyde...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1077 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1077 To establish a home-based telemental health care demonstration program for purposes of increasing mental health and substance use services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rounds (for himself, Ms. Smith, Mr. Boozman, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish a home-based telemental health care demonstration program for purposes of increasing mental health and substance use services in rural medically underserved populations and for individuals in farming, fishing, and forestry occupations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Telemental Health Care Act of 2023''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to a 2020 report by the Centers for Disease Control and Prevention, titled ``Mental Health, Substance Use and Suicidal Ideation during the COVID-19 Pandemic'' (referred to in this section as the ``CDC report''), elevated levels of adverse mental health conditions, substance use, and suicidal ideation were reported by adults in the United States in June 2020, after the onset of the COVID-19 pandemic. The prevalence of symptoms of anxiety disorder was 25.5 percent, compared to 8.1 percent in the second quarter of 2019. Additionally, 24.3 percent of adults experienced depressive symptoms in June 2020, 4 times the 6.5 percent reported in the second quarter of 2019. (2) According to the CDC report, approximately 30 percent of rural adults who responded to a survey of the Centers for Disease Control and Prevention suffered from symptoms of anxiety or depression, and approximately 10 percent of rural adults seriously considered suicide in the past 30 days. (3) A 2020 study by the Centers for Disease Control and Prevention suggests that people in farming, fishing, and forestry occupations (referred to in this section as the ``Triple-F'' industry) in the United States experienced rates of 31.4 suicides per 100,000 people in 2016. (4) Such 2020 study by the Centers for Disease Control and Prevention indicates that suicide rates for farmers, ranchers, and other agricultural managers were 58 percent higher than the rate for the general population in 2016. (5) According to a 2019 report of the National Survey on Drug Use and Health, 22.4 percent of residents in rural communities aged 18 or older who experienced mental illness perceived an unmet need for mental health services. Of these individuals, 17.9 percent did not receive any mental health services in the prior year. (6) The COVID-19 pandemic put additional stress on people in the Triple-F population. In the early stages, the pandemic caused instability in the markets, especially as the virus caused a downturn in food service sales and closed meat processing plants across the Nation. Farmers were left with low commodity prices and loss of revenue. This community has spent the last 2 years attempting to rebound from the effects of the pandemic. Additional resources are needed to support the mental health needs of this population. (7) While the prevalence of mental illness is similar among rural and urban residents, the services available to each population are very different. Mental health care needs are not met in rural communities due to many challenges, including accessibility issues due to transportation and geographic isolation, the stigma of needing or receiving mental health care, a lack of anonymity when seeking treatment, shortages of mental health workforce professionals, and affordability due to a high rate of uninsured residents. (8) Telemental health, which is the delivery of mental health services using remote technologies when the patient and provider are separated by distance, shows promise in helping to alleviate the lack of mental health services in rural areas. Traditional telemental health models involve care delivered to a patient at an originating clinical site from a specialist working at a distant site. Having the ability to reach mental health professionals from a place of comfort, such as home, from a personal device may reduce challenges faced in rural areas and amongst Triple-F workers. (9) A clinical trial of 241 depressed elderly veterans, which was conducted by the Medical University of South Carolina and the Ralph H. Johnson Veterans Affairs Medical Center and reported in the Journal of Clinical Psychiatry, found that home-based telemental health for depression is well received by patients and delivers as good a quality of life as in-person visits. SEC. 3. MENTAL HEALTH AND SUBSTANCE USE SERVICES DELIVERED TO RURAL UNDERSERVED POPULATIONS VIA TELEMENTAL HEALTH CARE. Title III of the Public Health Service Act is amended by inserting after section 330K (42 U.S.C. 254c-16) the following: ``SEC. 330K-1. MENTAL HEALTH AND SUBSTANCE USE SERVICES DELIVERED TO RURAL UNDERSERVED POPULATIONS VIA TELEMENTAL HEALTH CARE. ``(a) Definitions.--In this section-- ``(1) the term `covered populations' means-- ``(A) health professional shortage areas (as defined in section 332(a)(1)) in rural areas; or ``(B) populations engaged in a farming, fishing, or forestry industry; ``(2) the term `eligible entity' means a public or nonprofit private telemental health provider network that offers services that include mental health and substance use services provided by professionals trained in mental health and substance use; ``(3) the term `farming, fishing, or forestry industry' means an occupation defined as a farming, fishing, or forestry occupation by the Department of Labor in accordance with the Standard Occupational Classification System; ``(4) the term `home-based telemental' means the use of telemental health services where the patient is in his or her own home or other place of comfort; ``(5) the term `professional trained in mental health' means a psychiatrist, a qualified mental health professional (as defined in section 330K), or another mental health professional acting under the direction of a psychiatrist; ``(6) the term `rural' has the meaning given such term by the Office of Rural Health Policy of the Health Resources and Services Administration; and ``(7) the term `telemental health' means the use of electronic information and telecommunications technologies to support long distance clinical health care, patient and professional health-related education, public health, and health administration. ``(b) Program Authorized.--The Secretary, in consultation with the Rural Health Liaison of the Department of Agriculture, shall award grants to eligible entities to establish demonstration projects for the provision of mental health and substance use services to covered populations in their homes, as delivered remotely by professionals trained in mental health and substance use using telemental health care. ``(c) Use of Funds.--Recipients of a grant under this section shall use the grant funds to-- ``(1) deliver home-based telemental health services to covered populations; and ``(2) develop comprehensive metrics to measure the quality and impact of home-based telemental health services compared to traditional in-person mental health and substance use care. ``(d) Report.--The Secretary, in consultation with the Secretary of Agriculture, not later than 3 years after the date on which the program under this section commences, and 2 years thereafter, shall submit to the appropriate congressional committees reports on the impact and quality of care of home-based telemental health care services for covered populations. ``(e) Authorized Use of Funds.--Out of any amounts made available to the Secretary, up to $10,000,000 for each of fiscal years 2023 through 2027 may be allocated to carrying out the program under this section.''. &lt;all&gt; </pre></body></html>
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118S1078
NRCS Wetland Compliance and Appeals Reform Act
[ [ "R000605", "Sen. Rounds, Mike [R-SD]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1078 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1078 To require reforms to programs of the Natural Resources Conservation Service, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rounds (for himself, Mr. Cramer, and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To require reforms to programs of the Natural Resources Conservation 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 ``NRCS Wetland Compliance and Appeals Reform Act''. SEC. 2. NATURAL RESOURCES CONSERVATION SERVICE REFORMS. (a) Permissibility of the Removal of Woody Vegetation.--Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended by adding at the end the following: ``(3) Permissibility of the removal of woody vegetation.-- The removal of woody vegetation, including stumps, shall not be considered to be an activity that is for the purpose, or that has the effect, of making the production of an agricultural commodity possible under paragraph (1).''. (b) Prohibition on Retroactive Penalties.--Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) is amended by adding at the end the following: ``(g) Prohibition on Retroactive Penalties.--The Secretary may not determine a person to be in violation of this section for the production of an agricultural commodity on, or the conversion of, a wetland that, at the time of that production or conversion, as applicable, the Secretary had not delineated, determined, and certified to be a wetland in accordance with section 1222.''. (c) Burden of Proof.--Section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) (as amended by subsection (b)) is amended by adding at the end the following: ``(h) Burden of Proof.--The Secretary shall bear the burden of proving, by clear and convincing evidence, that a person is in violation of this section, including-- ``(1) in a case in which there is a lack of evidence to determine such a violation; and ``(2) the burden of proving, by clear and convincing evidence, that evidence offered to prove that a person is not in violation of this section is unreliable.''. (d) Prohibition on Using New Rationale for Wetland Determinations Previously Refuted.--Section 1222(a) of the Food Security Act of 1985 (16 U.S.C. 3822(a)) is amended by adding at the end the following: ``(7) Prohibition on using new rationale for wetland determinations previously refuted.--If a person successfully appeals a final wetland determination at the National Appeals Division, the Secretary may not subsequently make a determination that the wetland exists based on a rationale that was not used for the determination that was successfully appealed at the National Appeals Division.''. (e) Appeal Process for Nonaccepted Review of Wetland Certification Requests.--Section 1222(a) of the Food Security Act of 1985 (16 U.S.C. 3822(a)) (as amended by subsection (d)) is amended by adding at the end the following: ``(8) Appeal process for nonaccepted review of wetland certification requests.--The Secretary shall develop an appeal process for requests for the review of wetland certifications that are not accepted by a State office of the Natural Resources Conservation Service, which shall include a right for the person bringing the appeal to demand that the Secretary conduct an on-site visit in accordance with subsection (c).''. (f) Requirement Relating to Preliminary Wetland Determinations.-- Section 1222(c) of the Food Security Act of 1985 (16 U.S.C. 3822(c)) is amended by adding at the end the following: ``(3) Requirement relating to preliminary wetland determinations.--The Secretary may not rely solely on 1 on-site visit described in paragraph (1) to determine that the hydrologic criteria for the determination that a wetland exists are satisfied.''. (g) Customer Satisfaction Survey.--Subtitle C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) is amended by adding at the end the following: ``SEC. 1225. CUSTOMER SATISFACTION SURVEY. ``(a) Purposes.--The purposes of this section are-- ``(1) to improve customer service at the Natural Resources Conservation Service relating to the administration of this subtitle; ``(2) to identify areas of satisfaction of customers in interacting with the Natural Resources Conservation Service in the administration of this subtitle; ``(3) to identify areas of customer service at the Natural Resources Conservation Service in need of improvement due to dissatisfaction of customers in interacting with the Natural Resources Conservation Service in the administration of this subtitle; and ``(4) to address corrective measures and initiate positive change in customer service at the Natural Resources Conservation Service relating to the administration of this subtitle. ``(b) Option To Participate in Survey.--The Secretary shall offer to each individual who interacts with the Natural Resources Conservation Service in the administration of this subtitle the option to participate in a survey described in subsection (c). ``(c) Surveys.--The Secretary shall enter into an agreement with an independent survey company, under which the independent survey company shall provide the following services: ``(1) Send, by email or mail, a customer satisfaction survey to each individual who interacts with the Natural Resources Conservation Service in the administration of this subtitle and indicates to the Secretary a desire to participate in the survey on being offered the option to participate under subsection (b) after any of the following occurs: ``(A) The Secretary completes a final wetland determination, including a final technical determination, relating to land of the individual. ``(B) Appeals to the Farm Service Agency with respect to a wetland determination are exhausted. ``(C) An appeal is made with respect to a wetland determination to a National Appeals Division officer. ``(D) An appeal is made with respect to a wetland determination to the Director of the National Appeals Division. ``(E) The Secretary completes a review of a prior certification of a wetland determination. ``(F) The individual has any other interaction with the Natural Resources Conservation Service, as the Secretary determines to be appropriate. ``(2) Receive responses to the surveys from the individuals to which the surveys are sent under paragraph (1). ``(3) Each month-- ``(A) compile the responses to the surveys received under paragraph (2); and ``(B) submit a report describing the compiled responses to-- ``(i) the applicable State Conservationist; ``(ii) the congressional delegation of each applicable State; ``(iii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ``(iv) the Committee on Agriculture of the House of Representatives; ``(v) the applicable State department of agriculture; and ``(vi) the Secretary.''. (h) State Oversight Committees.--Subtitle C of title XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) (as amended by subsection (g)) is amended by adding at the end the following: ``SEC. 1226. STATE OVERSIGHT COMMITTEES. ``(a) In General.--The Secretary shall establish an oversight committee for each State in which appeals of wetland determinations under this subtitle are made. ``(b) Composition.--Each State oversight committee shall be composed of-- ``(1) 2 private, active farmers or ranchers appointed by the Secretary; and ``(2) 1 private, active farmer or rancher appointed by the State department of agriculture. ``(c) Terms.--A member of a State oversight committee-- ``(1) shall be appointed for a term of 5 years; and ``(2) may serve for not more than 2 terms. ``(d) Duties.--Each State oversight committee shall have the following duties: ``(1) Review the following appeals of wetland determinations under this subtitle in the applicable State: ``(A) Appeals of preliminary wetland determinations. ``(B) Appeals of final wetland determinations. ``(C) Wetland determination appeals to the county Farm Service Agency committee. ``(D) Wetland determination appeals for State Conservationist review. ``(E) Requests for wetland determination mediation. ``(F) Wetland determination appeals to the National Appeals Division. ``(G) Wetland determination appeals to the Director of the National Appeals Division. ``(2) Review all requests for a review of a prior certification of a wetland determination under this subtitle. ``(3) Submit a report describing findings of fact and recommendations for change and improvement with respect to each review under paragraphs (1) and (2) to-- ``(A) the State Conservationist; ``(B) the Chief of the Natural Resources Conservation Service; ``(C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and ``(D) the Committee on Agriculture of the House of Representatives. ``(e) Assistance.--A State oversight committee may procure assistance in carrying out the duties under subsection (d) from-- ``(1) a consultant; and ``(2) a legal services provider.''. (i) Reforms to Appeals Processes.--The Secretary of Agriculture shall-- (1) require National Appeals Division judges and agency heads of the Department of Agriculture to receive retraining on providing a fair and balanced hearing; (2) provide to a person the entire record or decisional documentation relating to an allegation of the Secretary that the person is in violation of section 1221 of the Food Security Act of 1985 (16 U.S.C. 3821) at the time the Secretary makes the allegation; (3) allow a person (or counsel of the person) to call technical staff of the Natural Resources Conservation Service as a witness in an appeal brought by the person relating to a delineation, determination, or certification of a wetland under section 1222 of that Act (16 U.S.C. 3822); (4) in an appeal described in paragraph (3), accept evidence provided by the person bringing the appeal as reliable absent substantial evidence that the evidence provided by the person is not reliable; and (5) compensate a person for fees and expenses, including legal fees, when the person successfully appeals a delineation, determination, or certification described in paragraph (3) and has incurred legal costs as a result of the overturned delineation, determination, or certification, as applicable. (j) Regulations.--Section 1246(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3846(b)(2)) is amended-- (1) by striking ``(2) shall'' and inserting the following: ``(2)(A) except as provided in subparagraph (B), shall''; (2) in subparagraph (A) (as so designated), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(B) shall be promulgated in accordance with section 553 of title 5, United States Code, in the case of-- ``(i) subtitles B and C; ``(ii) section 1201, to the extent that section defines a term that appears in, or otherwise relates to, subtitle B or C; and ``(iii) subtitle E, to the extent that subtitle relates to subtitle B or C.''. (k) Prohibition of Permanent Easements.--Notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, may not acquire any permanent easement. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S1079
Assistance for Rural Water Systems Act of 2023
[ [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "sponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "E000295", ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1079 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1079 To amend the Consolidated Farm and Rural Development Act to provide additional assistance to rural water, wastewater, and waste disposal systems, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mrs. Shaheen (for herself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Consolidated Farm and Rural Development Act to provide additional assistance to rural water, wastewater, and waste disposal systems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Rural Water Systems Act of 2023''. SEC. 2. ADDITIONAL ASSISTANCE FOR RURAL WATER SYSTEMS. Subtitle A of the Consolidated Farm and Rural Development Act is amended by inserting after section 306A (7 U.S.C. 1926a) the following: ``SEC. 306B. ADDITIONAL ASSISTANCE FOR RURAL WATER SYSTEMS. ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means a rural water, wastewater, or waste disposal facility with respect to which assistance may be provided under a water, wastewater, or waste disposal program under section 306(a), 306A, 306C, or 306D. ``(b) Additional Assistance.-- ``(1) Grants and loans.--The Secretary may provide a grant, a zero percent interest loan, or a 1 percent interest loan to an eligible entity. ``(2) Existing loans.--The Secretary may-- ``(A) forgive principal or interest or modify any term or condition of an outstanding loan made to an eligible entity; or ``(B) refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C) made to an eligible entity. ``(3) Limitation.--The Secretary may not provide assistance under paragraph (2) with respect to a loan made under paragraph (1). ``(c) Eligible Purposes.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- ``(1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; or ``(2) to address financial hardships of the eligible entity, if the eligible entity is located in a disadvantaged or economically distressed area, as determined under subsection (d). ``(d) Determination.--To determine whether an eligible entity may receive assistance pursuant to subsection (c)(2), the Secretary shall establish-- ``(1) a residential indicator of affordable water services in each State or local or geographic area, calculated using the cost per household as a percentage of median household income; and ``(2) factors relating to disadvantaged or economically distressed areas.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S108
Guidance Clarity Act of 2023
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "B001310", ...
<p><b>Guidance Clarity Act of 2023</b><br> <br> This bill requires federal agencies to state on the first page of guidance documents that such guidance (1) does not have the force and effect of law, and (2) is intended only to provide clarity to the public about existing legal requirements or agency policies.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 108 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 108 To require a guidance clarity statement on certain agency guidance, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Lankford (for himself, Ms. Sinema, Mr. Johnson, Mr. Risch, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To require a guidance clarity statement on certain agency guidance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance Clarity Act of 2023''. SEC. 2. GUIDANCE CLARITY STATEMENT REQUIRED. (a) Requirement.--Each agency, as defined in section 551 of title 5, United States Code, shall include a guidance clarity statement as described in subsection (b) on any guidance issued by that agency under section 553(b)(3)(A) of title 5, United States Code, on and after the date that is 30 days after the date on which the Director of the Office of Management and Budget issues the guidance required under subsection (c). (b) Guidance Clarity Statement.--A guidance clarity statement required under subsection (a) shall-- (1) be displayed prominently on the first page of the document; and (2) include the following: ``The contents of this document do not have the force and effect of law and do not, of themselves, bind the public or the agency. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.''. (c) OMB Guidance.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to implement this Act. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics", "Administrative law and regulatory procedures", "Government information and archives" ]
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118S1080
Cooper Davis Act
[ [ "M001198", "Sen. Marshall, Roger [R-KS]", "sponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "K000367"...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1080 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1080 To amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report to the Attorney General certain controlled substances violations. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Marshall (for himself, Mrs. Shaheen, Mr. Durbin, Mr. Grassley, Ms. Klobuchar, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Controlled Substances Act to require electronic communication service providers and remote computing services to report to the Attorney General certain controlled substances violations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooper Davis Act''. SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICES FOR CERTAIN CONTROLLED SUBSTANCES VIOLATIONS. (a) Amendments to Controlled Substances Act.-- (1) In general.--Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following: ``SEC. 521. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE PROVIDERS AND REMOTE COMPUTING SERVICES FOR CERTAIN CONTROLLED SUBSTANCES VIOLATIONS. ``(a) Definitions.--In this section, the terms `electronic communication service', `electronic mail address', `provider', `remote computing service', and `website' have the meanings given those terms in section 2258E of title 18, United States Code. ``(b) Duty To Report.-- ``(1) In general.-- ``(A) Duty.--In order to reduce the proliferation of the unlawful sale, distribution, or manufacture (as applicable) of counterfeit controlled substances and certain controlled substances, a provider-- ``(i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(A), take the actions described in subparagraph (B); ``(ii) may, after obtaining actual knowledge of any facts or circumstances described in paragraph (2)(B), take the actions described in subparagraph (B); ``(iii) may, if the provider reasonably believes that any facts or circumstances described in paragraph (2)(A) exist, take the actions described in subparagraph (B); and ``(iv) shall, if a submission to the provider by a user, subscriber, or customer of the provider alleges facts or circumstances described in paragraph (2) and the provider upon review has a reasonable belief that the alleged facts or circumstances exist, take the actions described in subparagraph (B). ``(B) Actions described.--The actions described in this subparagraph are-- ``(i) providing to the Drug Enforcement Administration the mailing address, telephone number, facsimile number, and electronic mailing address of, and individual point of contact for, such provider; and ``(ii) making a report of such facts or circumstances to the Drug Enforcement Administration. ``(2) Facts and circumstances.-- ``(A) Violations.--The facts or circumstances described in this subparagraph are any facts or circumstances that indicate a violation has occurred involving-- ``(i) the unlawful sale or distribution of-- ``(I) fentanyl; or ``(II) methamphetamine; or ``(ii) the unlawful sale, distribution, or manufacture of a counterfeit controlled substance. ``(B) Imminent violations.--The facts or circumstances described in this subparagraph are any facts or circumstances that indicate that a violation described in subparagraph (A) may be planned or imminent. ``(c) Contents of Report.-- ``(1) In general.--In an effort to prevent future violations described in subsection (b)(2)(A), and to the extent the information is within the custody or control of a provider, the facts and circumstances included in each report under subsection (b)(1) may, at the sole discretion of the provider, except as provided in paragraph (2), include the following information: ``(A) Information about the involved individual.-- Information relating to the identity of any individual who has committed a violation or plans to commit a violation described in subsection (b)(2)(A), which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, payment information (excluding personally identifiable information), screen names or monikers for the account used or any other accounts associated with the individual, or any other identifying information, including self-reported identifying information. ``(B) Historical reference.--Information relating to when and how a customer or subscriber of a provider uploaded, transmitted, or received content relating to the report or when and how content relating to the report was reported to or discovered by the provider, including a date and time stamp and time zone. ``(C) Geographic location information.--Information relating to the geographic location of the involved individual or website, which may include the Internet Protocol address or verified address, or, if not reasonably available, at least one form of geographic identifying information, including area code or ZIP Code, provided by the customer or subscriber, or stored or obtained by the provider, and any information as to whether a virtual private network was used. ``(D) Data relating to certain controlled substances violations.--Any data, including symbols, photos, video, icons, or direct messages, relating to activity involving a violation described in subsection (b)(2)(A) or other content relating to the incident such report is regarding. ``(E) Complete communication.--The complete communication containing the intent to commit a violation described in subsection (b)(2)(A), including-- ``(i) any data or information regarding the transmission of the communication; and ``(ii) any data or other digital files contained in, or attached to, the communication. ``(2) Exception.--In the case of a report under subsection (b)(1) that is mandated under subparagraph (A)(iv) of that subsection-- ``(A) the provider shall include in the report the information submitted to the provider by the user, subscriber, or customer; and ``(B) the provider may include in the report any information described in paragraph (1) that the user, subscriber, or customer did not submit to the provider. ``(d) Forwarding of Report to Other Federal Law Enforcement Agencies, State and Local Law Enforcement Agencies, and Foreign Law Enforcement Agencies.--The Drug Enforcement Administration shall make available each report made under subsection (b)(1) to other Federal law enforcement agencies, State and local law enforcement agencies, and foreign law enforcement agencies involved in the investigation of violations described in subsection (b)(2)(A), unless the Drug Enforcement Administration will conduct the investigation of the report. ``(e) Attorney General Responsibilities.-- ``(1) In general.--The Attorney General shall enforce this section. ``(2) Designation of federal agencies.--The Attorney General may designate a Federal law enforcement agency or agencies to which the Drug Enforcement Administration shall forward a report under subsection (d). ``(3) Designation of foreign agencies.--The Attorney General may-- ``(A) in consultation with the Secretary of State, designate foreign law enforcement agencies to which a report may be forwarded under subsection (d); ``(B) establish the conditions under which such a report may be forwarded to such agencies; and ``(C) develop a process for foreign law enforcement agencies to request assistance from Federal law enforcement agencies in obtaining evidence related to a report referred under subsection (d). ``(4) Reporting designated foreign agencies.--The Attorney General may maintain and make available to the Department of State, providers, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a list of the foreign law enforcement agencies designated under paragraph (3). ``(5) Notification to providers.-- ``(A) In general.--The Drug Enforcement Administration may notify a provider of the information described in subparagraph (B), if-- ``(i) a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency; and ``(ii) the Drug Enforcement Administration forwards the report described in clause (i) to-- ``(I) the requesting foreign law enforcement agency; or ``(II) another agency in the same country designated by the Attorney General under paragraph (3). ``(B) Information described.--The information described in this subparagraph is-- ``(i) the identity of the foreign law enforcement agency to which the report was forwarded; and ``(ii) the date on which the report was forwarded. ``(C) Notification of inability to forward report.--If a provider notifies the Drug Enforcement Administration that the provider is making a report under this section as the result of a request by a foreign law enforcement agency and the Drug Enforcement Administration is unable to forward the report as described in subparagraph (A)(ii), the Drug Enforcement Administration shall notify the provider that the Drug Enforcement Administration was unable to forward the report. ``(f) Failure To Report.--A provider that knowingly and willfully fails to make a report required under subsection (b)(1) shall be fined-- ``(1) in the case of an initial knowing and willful failure to make a report, not more than $190,000; and ``(2) in the case of any second or subsequent knowing and willful failure to make a report, not more than $380,000. ``(g) Protection of Privacy.--Nothing in this section shall be construed to require a provider to-- ``(1) monitor any user, subscriber, or customer of that provider; ``(2) monitor the content of any communication of any person described in paragraph (1); or ``(3) affirmatively search, screen, or scan for facts or circumstances described in subsections (b) and (c). ``(h) Conditions of Disclosure of Information Contained Within Report.-- ``(1) In general.--Except as provided in paragraph (2), a law enforcement agency that receives a report under subsection (d) shall not disclose any information contained in that report. ``(2) Permitted disclosures by law enforcement.--A law enforcement agency may disclose information in a report received under subsection (d)-- ``(A) to an attorney for the government for use in the performance of the official duties of that attorney; ``(B) to such officers and employees of that law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions; ``(C) to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; ``(D) if the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law; ``(E) to a defendant in a criminal case or the attorney for that defendant to the extent the information relates to a criminal charge pending against that defendant; ``(F) to a provider if necessary to facilitate response to legal process issued in connection to a criminal investigation, prosecution, or post-conviction remedy relating to that report; and ``(G) as ordered by a court upon a showing of good cause and pursuant to any protective orders or other conditions that the court may impose. ``(i) Preservation.-- ``(1) In general.-- ``(A) Request to preserve contents.-- ``(i) In general.--Subject to clause (ii), for the purposes of this section, a completed submission by a provider of a report to the Drug Enforcement Administration under subsection (b)(1) shall be treated as a request to preserve the contents provided in the report, and any data or other digital files that are reasonably accessible and may provide context or additional information about the reported material or person, for 90 days after the submission to the Drug Enforcement Administration. ``(ii) Limitations on extension of preservation period.-- ``(I) Notification that dea has forwarded report to foreign law enforcement agency.--The Drug Enforcement Administration may not extend the required period of preservation under clause (i) on the basis of a notification by the Drug Enforcement Administration to the provider under subsection (e)(5)(A). ``(II) Stored communications act.-- The Drug Enforcement Administration may not submit a request to a provider to continue preservation of the contents of a report or other data described in clause (i) under section 2703(f) of title 18, United States Code, beyond the required period of preservation under clause (i) of this subparagraph unless the Drug Enforcement Administration intends in good faith to investigate the user, subscriber, or customer account at issue in the report or make the report available to another Federal, State, or local law enforcement agency. ``(III) Rule of construction.-- Nothing in subclause (II) shall preclude another Federal, State, or local law enforcement agency from seeking continued preservation of the contents of a report or other data described in clause (i) under section 2703(f) of title 18, United States Code. ``(B) Notification to user.--A provider may not notify a user, subscriber, or customer of the provider of a preservation request described in subparagraph (A) unless-- ``(i) the provider has notified the Drug Enforcement Administration of its intent to provide that notice; and ``(ii) 5 business days have elapsed since the notification under clause (i). ``(2) Protection of preserved materials.--A provider preserving materials under this section shall maintain the materials in a secure location and take appropriate steps to limit access to the materials by agents or employees of the service to that access necessary to comply with the requirements of this subsection. ``(3) Authorities and duties not affected.--Nothing in this section shall be construed as replacing, amending, or otherwise interfering with the authorities and duties under section 2703 of title 18, United States Code.''. (2) Technical and conforming amendment.--The table of contents for the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after the item relating to section 520 the following: ``Sec. 521. Reporting requirements of electronic communication service providers and remote computing services for certain controlled substances violations.''. (b) Conforming Amendments to Stored Communications Act.-- (1) In general.--Section 2702 of title 18, United States Code, is amended-- (A) in subsection (b)-- (i) in paragraph (8), by striking ``or'' at the end; (ii) in paragraph (9), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(10) to a law enforcement agency, in connection with a report submitted thereto under section 521 of the Controlled Substances Act.''; and (B) in subsection (c)-- (i) in paragraph (6), by striking ``or'' at the end; (ii) in paragraph (7), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(8) to a law enforcement agency, in connection with a report submitted thereto under section 521 of the Controlled Substances Act.''. (2) Technical amendment.--Paragraph (7) of section 2702(b) of title 18, United States Code, is amended to read as follows: ``(7) to a law enforcement agency if the contents-- ``(A) were inadvertently obtained by the service provider; and ``(B) appear to pertain to the commission of a crime;''. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S1081
Protect Our Children's Schools Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<p><strong>Protect Our Children's Schools Act</strong></p> <p>This bill requires certain unobligated federal COVID-19 relief funds to be made available to local educational agencies for keeping elementary and secondary schools physically secure.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1081 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1081 To keep schools physically secure using unobligated Federal funds available to the Secretary of Education to respond to the coronavirus. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To keep schools physically secure using unobligated Federal funds available to the Secretary of Education to respond to the coronavirus. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Children's Schools Act''. SEC. 2. KEEPING SCHOOLS PHYSICALLY SECURE. The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136; 20 U.S.C. 3401 note), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116- 260; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act of 2021 (Public Law 117-2; 20 U.S.C. 3401 note) shall be made available to local educational agencies to keep the elementary schools and secondary schools served by such agencies physically secure. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S1082
Securing Our Schools Act of 2023
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1082 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1082 To provide for safe schools and safe communities. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cruz (for himself and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To provide for safe schools and safe communities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Our Schools Act of 2023''. SEC. 2. NONPROFIT SECURITY GRANT PROGRAM. Section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a) is amended-- (1) in subsection (e), by striking ``2022 through 2028'' and inserting ``2023 through 2029''; (2) by redesignating subsection (i) as subsection (l); (3) by inserting after subsection (h) the following: ``(i) Feedback.-- ``(1) In general.--If the Administrator denies an application for a grant under this section, not later than 120 days after the date of the denial, the Administrator shall-- ``(A) notify the applicant; and ``(B) provide an explanation for the denial. ``(2) Explanation.--An explanation described in paragraph (1)(B) shall include information identifying the reason for the denial of the application, including-- ``(A) any factors that led to a lower score or rank compared to other applicants; and ``(B) an identification of any deficiencies in the application. ``(j) Administrative Costs and Technical Assistance.--A State through which the Administrator makes a grant to an eligible nonprofit organization under this section shall receive a 5-percent increase in the amount of the grant-- ``(1) for administrative costs; and ``(2) to provide technical assistance to the eligible nonprofit organization. ``(k) Application Update and Improvements.-- ``(1) Public meeting.--Not later than 90 days after the date of enactment of the Securing Our Schools Act of 2023, the Administrator shall hold a public meeting to solicit recommendations on updating the application process for a grant under this section. ``(2) Report.--Not later than 180 days after the date of enactment of the Securing Our Schools Act of 2023, the Administrator shall-- ``(A) develop recommendations to modernize and update the application process for a grant under this section, which shall include considerations for-- ``(i) establishing a more streamlined application process; ``(ii) establishing greater uniformity in the application process among all applicants and the guidance provided to States through which the Administrator makes grants to eligible nonprofit organizations under this section; ``(iii) ensuring that the application template is compatible with the latest or most widely used version of software programs; and ``(iv) coordinating with the Administrator of General Services to ensure that applications submitted under this section are compatible across online platforms of the Federal Government; and ``(B) submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes-- ``(i) the recommendations developed under subparagraph (A); and ``(ii) a description of whether the recommendations developed under subparagraph (A) are consistent with feedback received at the public meeting required under paragraph (1). ``(3) Implementation of recommendations.--Not later than 270 days after the date of enactment of the Securing Our Schools Act of 2023, the Administrator shall implement the recommendations developed under paragraph (2)(A). ``(4) Paperwork reduction act waiver.--For the purpose of meeting the deadlines established under this subsection, the Secretary may waive the application of subchapter I of chapter 35 of title 44, United States Code, to the requirements of this subsection.''; and (4) in subsection (l), as so redesignated-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--There is authorized to be appropriated for grants under this section-- ``(A) $360,000,000 for fiscal year 2023, of which-- ``(i) $180,000,000 shall be for recipients in high-risk urban areas that receive funding under section 2003; and ``(ii) $180,000,000 shall be for recipients in jurisdictions that do not so receive such funding; and ``(B) $480,000,000 for each of fiscal years 2024 through 2029.''; (B) in paragraph (2), by striking ``2028'' and inserting ``2029''; and (C) by adding at the end the following: ``(3) High-risk urban areas.--Of the amounts made available to carry out this section for each of fiscal years 2024 through 2029, not less than 0.35 percent shall be for grants to eligible recipients located in each high-risk urban area receiving grants under section 2003. ``(4) Salaries and expenses.--Of the amounts made available to carry out this section in any fiscal year, the Administrator may transfer to another account of the Federal Emergency Management Agency not more than 3 percent for salaries and administrative expenses, including any necessary expenses to provide feedback or technical assistance to applicants for a grant under this section in accordance with subsection (j).''. SEC. 3. SECURING SCHOOLS. (a) In General.-- (1) Appropriation.--There are authorized to be appropriated, and there are appropriated, to the Secretary of Education to carry out subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111), $2,560,000,000 for fiscal years 2024 through 2033. (2) School security.--The Secretary of Education shall use 50 percent of the funds appropriated under paragraph (1) to carry out clause (v) of section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)). (b) Elementary and Secondary Education Act of 1965.--Section 4104 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114) is amended in subsection (b)(3)(B)-- (1) in clause (iii), by striking ``and'' at the end; and (2) by inserting after clause (iv) the following: ``(v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include-- ``(I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), which may include-- ``(aa) secured campus external gate or locked doors or check-in points; ``(bb) active shooter alert systems; ``(cc) access control; ``(dd) internal door locks; ``(ee) peepholes for classroom doors; ``(ff) school site alarm and protection systems; ``(gg) metal detectors or x-ray machines (including portable); ``(hh) door locking mechanisms and access control doors; ``(ii) increased lighting on school grounds; ``(jj) emergency call boxes; ``(kk) two-way radios; ``(ll) emergency alerts; ``(mm) surveillance cameras or systems and infrastructure (such as poles and wiring); ``(nn) software costs and warranties; ``(oo) fencing and gating; and ``(pp) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets; ``(II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; ``(III) implementing technology to provide coordination with law enforcement and notification to relevant law enforcement and first responders during such a situation, which shall include-- ``(aa) emergency planning and preparation; ``(bb) emphasis on a school safety plan with buy in from all elements of the school community, including board members, employees, students, parents, law enforcers, government and business leaders, the media, and local residents; ``(cc) school implementation of threat assessment programs; ``(dd) development of district-based mandatory incident reporting systems; ``(ee) establishment of local school safety advisory groups (including parents, families, judges, first responders, health and human service professionals, and mental health professionals); ``(ff) evidence-based training for school resource officers, school personnel, and students to prevent student violence to enable them to recognize and quickly respond to warning signs; ``(gg) development and operations of anonymous reporting systems; ``(hh) evidence-based school threat assessment and crisis intervention teams; ``(ii) programs to facilitate coordination with local law enforcement; ``(jj) liability and insurance for school districts; ``(kk) trauma-informed training for school staff on responses to active shooter situations; and ``(ll) community engagement for planning and implementing safety policies and procedures; ``(IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; ``(V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet- resistant doors and windows; and ``(VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis;''. SEC. 4. IMPROVING SCHOOL SECURITY THROUGH THE COPS ON THE BEAT PROGRAM. Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended-- (1) in paragraph (22), by striking ``and'' at the end; (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(24) to pay salaries and expenses of school resource officers at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and ``(25) to improve physical school security at public, charter, and private elementary schools and secondary schools (as such terms are defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) by obtaining security equipment to protect students in schools and equip law enforcement officers responding to school security issues and installing physical structure improvements, including-- ``(A) fencing, external gates, door locks, and check-in points, to establish a secured campus; ``(B) active shooter alert systems; ``(C) access controls; ``(D) internal door locks; ``(E) school site alarm and protection systems; ``(F) metal detector or x-ray machines (including portable machines); ``(G) ballistic safety equipment for schools and responding law enforcement officers; ``(H) increased lighting on school grounds; ``(I) emergency call boxes; ``(J) two-way radios; ``(K) emergency alert systems; ``(L) surveillance cameras or systems, including infrastructure for such systems such as poles and wiring; ``(M) software costs and warranties; and ``(N) emergency generators to provide back-up power for phone systems, critical lighting, and essential outlets.''. SEC. 5. STUDENT MENTAL HEALTH. (a) Student Access to Mental Health Program Fund.-- (1) Definitions.--In this subsection: (A) Eligible school.--The term ``eligible school'' means a school in which the lowest grade at the school is not lower than grade 6 and the highest grade at the school is not higher than grade 12. (B) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Student access to mental health program fund.-- (A) In general.--From the funds made available to carry out section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. 3401 note), $10,000,000,000 shall be transferred to establish the ``Student Access to Mental Health Program Fund'', to remain available through September 30, 2032. The Secretary shall use amounts available in such Fund to award grants to States, from allocations under subparagraph (B), to enable the States to support the salary of a mental health professional in eligible schools located in the State. (B) Allocation.--From the amounts available in the Fund established under subparagraph (A), the Secretary shall make an allocation to each State in the same proportion as the number of eligible schools located in the State. (C) Partnership.-- (i) In general.--A State awarded a grant under this subsection shall comply with the following: (I) The State shall use the grant funds to cover the cost of the salary, which shall be not more than $55,000, for 10 years for a mental health professional to serve eligible schools located in the State. Such mental health professional shall serve not more than 5 eligible schools in any school year by rotating among the schools for not less than 1 day a week at each such school. (II) The State shall expend non- Federal funds to pay for the other costs of recruitment, training, and benefits for each such mental health professional, and any other expenses related to such employment. (ii) Conditions of grants.--A State awarded a grant under this subsection shall require that each eligible school served by the grant-- (I) provide to the parents of any student enrolled in the school who has not reached age 19 who meets with a mental health professional employed at the school with all counseling records and mental health assessments for such student; (II) not teach Critical Race Theory or include Critical Race Theory in any school program; and (III) not advocate for abortion or abortion services in any form. (b) Funds for Programs.--The unobligated balance of funds made available to carry out sections 2021 and 6002 of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be transferred to, and evenly divided among, the following programs: (1) Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services. (2) Student Support and Academic Enrichment Grant Program carried out by the Secretary of Education. (3) Community Mental Health Services Block Grant Program carried out by the Secretary of Health and Human Services. (4) Children's Mental Health Initiative of the Substance Abuse and Mental Health Services Administration. (c) Best Practices.-- (1) ESEA definitions.--In this subsection, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Development and dissemination of best practices.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration, the Secretary of Health and Human Services, and the Secretary of Education shall work in consultation to-- (A) develop best practices for identifying warning signs of mental health problems with students and identify warning signs for teachers and administrator that a student is at high-risk for violence, specifically for a mass shooting; (B) develop best practices for identifying warning signs of mental health problems with children and identify warning signs for individuals who work at a social service agency that a child under the age of 18 is at high-risk for violence, specifically for a mass shooting; and (C) disseminate the best practices developed under subparagraphs (A) and (B) to each elementary school and secondary school in the United States, and publish the best practices on a publicly accessible website of the Department of Education and the Substance Abuse and Mental Health Services Administration. (d) GAO Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on how many elementary schools and secondary schools in the United States have a mental health provider for students, how many students take advantage of the mental health services, the main causes for students to access the services. (2) ESEA definitions.--In this subsection, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 6. AUTHORIZATION AND APPROPRIATIONS OF FUNDS. The unobligated balance of funds made available to carry out section 18003 of division B of the CARES Act (Public Law 116-136; 134 Stat. 565), section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116- 260; 134 Stat. 1929), and section 2001 of the American Rescue Plan Act of 2021 (20 U.S.C. 3401 note) shall be transferred to the Secretary of Education to be used to carry out this Act in an amount not to exceed $38,000,000,000. SEC. 7. NO FEDERAL FUNDING FOR ABORTIONS. (a) In General.--No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for any abortion or counseling that results in encouraging, facilitating, or referral for an abortion. (b) Health Benefits Coverage.--No funds authorized or appropriated by this Act, or an amendment made by this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) Exceptions.--The limitations established in paragraphs (a) and (b) shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. &lt;all&gt; </pre></body></html>
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118S1083
School Security Enhancement Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1083 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1083 To amend the Elementary and Secondary Education Act of 1965 to strengthen school security. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to strengthen school security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Security Enhancement Act''. SEC. 2. SCHOOL SECURITY. Section 4104 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114) is amended-- (1) in subsection (b)(3)(B)-- (A) in clause (iii), by striking ``and'' at the end; and (B) by inserting after clause (iv) the following: ``(v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include-- ``(I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school; ``(II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; ``(III) implementing technology to provide notification to relevant law enforcement and first responders during such a situation; ``(IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; ``(V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet- resistant doors and windows; and ``(VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; and''; and (2) by adding at the end the following: ``(d) Rules of Construction.-- ``(1) No funds to provide firearms or training.--No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. ``(2) No effect on other laws.--Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms.''. &lt;all&gt; </pre></body></html>
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118S1084
ERRPA
[ [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "sponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "K00...
<p><b>End Racial and Religious Profiling Act of 2023 or ERRPA</b> <p>This bill establishes a framework to eliminate racial profiling at the federal, state, and local levels. </p> <p>Specifically, it requires federal law enforcement agencies to maintain policies and procedures to eliminate racial profiling, including training, data collection, and complaint procedures. State, local, and tribal law enforcement agencies must maintain similar policies and procedures as a condition of receiving funds under the Edward Byrne Memorial Justice Assistance Grant program and the Community Oriented Policing Services program.</p> <p>To enforce violations, the bill authorizes civil suits by the Department of Justice and affected individuals.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1084 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1084 To eliminate racial, religious, and other discriminatory profiling by law enforcement, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cardin (for himself, Mr. Padilla, Mr. Blumenthal, Mr. Van Hollen, Mr. Kaine, Mr. Markey, Mr. Whitehouse, Mr. Sanders, Ms. Duckworth, Mr. Lujan, Ms. Hirono, Mr. Merkley, Mr. Wyden, Ms. Warren, Mr. Durbin, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To eliminate racial, religious, and other discriminatory profiling by law enforcement, and for other 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 ``End Racial and Religious Profiling Act of 2023'' or ``ERRPA''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--PROHIBITION OF RACIAL PROFILING Sec. 101. Prohibition. Sec. 102. Enforcement. TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES Sec. 201. Policies to eliminate racial profiling. TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT AGENCIES Sec. 301. Policies required for grants. Sec. 302. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Sec. 305. Authorization of appropriations. TITLE IV--DATA COLLECTION Sec. 401. Attorney General to issue regulations. Sec. 402. Publication of data. Sec. 403. Limitations on publication of data. TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES Sec. 501. Attorney General to issue regulations and reports. TITLE VI--MISCELLANEOUS PROVISIONS Sec. 601. Severability. Sec. 602. Savings clause. SEC. 2. DEFINITIONS. In this Act: (1) Covered program.--The term ``covered program'' means any program or activity funded in whole or in part with funds made available under-- (A) the Edward Byrne Memorial Justice Assistance Grant Program under subpart I of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and (B) the ``Cops on the Beat'' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph. (2) Governmental body.--The term ``governmental body'' means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Tribal government. (3) Hit rate.--The term ``hit rate'' means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the ``Indian tribe'' term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130). (5) Law enforcement agency.--The term ``law enforcement agency'' means any Federal, State, local, or Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (6) Law enforcement agent.--The term ``law enforcement agent'' means any Federal, State, local, or Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (7) Racial profiling.--The term ``racial profiling'' means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (8) Routine or spontaneous investigatory activities.--The term ``routine or spontaneous investigatory activities'' means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Bureau of Justice Statistics. (9) Reasonable request.--The term ``reasonable request'' means all requests for information, except for those that-- (A) are immaterial to the investigation; (B) would result in the unnecessary disclosure of personal information; or (C) would place a severe burden on the resources of the law enforcement agency given its size. (10) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (11) Unit of local government.--The term ``unit of local government'' means-- (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that-- (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior. TITLE I--PROHIBITION OF RACIAL PROFILING SEC. 101. PROHIBITION. No law enforcement agent or law enforcement agency shall engage in racial profiling. SEC. 102. ENFORCEMENT. (a) Remedy.--The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. (b) Parties.--In any action brought under this title, relief may be obtained against-- (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent. (c) Nature of Proof.--Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 2(7) shall constitute prima facie evidence of a violation of this title. (d) Attorney's Fees.--In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fee. TITLE II--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW ENFORCEMENT AGENCIES SEC. 201. POLICIES TO ELIMINATE RACIAL PROFILING. (a) In General.--Federal law enforcement agencies shall-- (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that permit racial profiling. (b) Policies.--The policies and procedures described in subsection (a)(1) shall include-- (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of Federal law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; (4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and (5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies. TITLE III--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT AGENCIES SEC. 301. POLICIES REQUIRED FOR GRANTS. (a) In General.--An application by a State, a unit of local government, or a State, local, or Tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds-- (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has eliminated any existing practices that permit or encourage racial profiling. (b) Policies.--The policies and procedures described in subsection (a)(1) shall include-- (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; and (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302. (c) Effective Date.--This section shall take effect 12 months after the date of enactment of this Act. SEC. 302. INVOLVEMENT OF ATTORNEY GENERAL. (a) Regulations.-- (1) In general.--Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, Tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (2) Guidelines.--The regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs. (b) Noncompliance.--If the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance. (c) Private Parties.--The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title. SEC. 303. DATA COLLECTION DEMONSTRATION PROJECT. (a) Competitive Awards.-- (1) In general.--The Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion. (2) Number of grants.--The Attorney General shall provide not more than 5 grants or contracts under this section. (3) Eligible grantees.--Grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily. (b) Required Activities.--Activities carried out with a grant under this section shall include-- (1) developing a data collection tool and reporting the compiled data to the Attorney General; and (2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches. (c) Evaluation.--Not later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data collected by each of the grantees funded under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out activities under this section-- (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and (2) $500,000 to carry out the evaluation under subsection (c). SEC. 304. BEST PRACTICES DEVELOPMENT GRANTS. (a) Grant Authorization.--The Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling. (b) Use of Funds.--The funds provided under subsection (a) shall be used for programs that include the following purposes: (1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data. (3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct. (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program. (c) Equitable Distribution.--The Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies. (d) Application.--Each State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. SEC. 305. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title. TITLE IV--DATA COLLECTION SEC. 401. ATTORNEY GENERAL TO ISSUE REGULATIONS. (a) Regulations.--Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301. (b) Requirements.--The regulations issued under subsection (a) shall-- (1) provide for the collection of data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall-- (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3), and submit the form to the Civil Rights Division and the Bureau of Justice Statistics; (5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; (7) provide that the Director of the Bureau of Justice Statistics shall-- (A) analyze the data for any statistically significant disparities, including-- (i) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (ii) disparities in the hit rate; and (iii) disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers; and (B) not later than 3 years after the date of enactment of this Act, and annually thereafter-- (i) prepare a report regarding the findings of the analysis conducted under subparagraph (A); (ii) provide such report to Congress; and (iii) make such report available to the public, including on a website of the Department of Justice; and (8) protect the privacy of individuals whose data is collected by-- (A) limiting the use of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or Tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other nongovernmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act. SEC. 402. PUBLICATION OF DATA. The Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 401, the data collected pursuant to this Act, excluding any personally identifiable information described in section 403. SEC. 403. LIMITATIONS ON PUBLICATION OF DATA. The name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be-- (1) released to the public; (2) disclosed to any person, except for-- (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person. TITLE V--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL PROFILING IN THE UNITED STATES SEC. 501. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS. (a) Regulations.--In addition to the regulations required under sections 303 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act. (b) Reports.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies. (2) Scope.--Each report submitted under paragraph (1) shall include-- (A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Director of the Bureau of Justice Statistics under section 401(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by State and local law enforcement agencies under sections 301 and 302; and (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling. TITLE VI--MISCELLANEOUS PROVISIONS SEC. 601. SEVERABILITY. If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby. SEC. 602. SAVINGS CLAUSE. Nothing in this Act shall be construed-- (1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12601), the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (2) to affect any Federal, State, or Tribal law that applies to an Indian Tribe because of the political status of the Tribe; or (3) to waive the sovereign immunity of an Indian Tribe without the consent of the Tribe. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement", "Administrative law and regulatory procedures", "Border security and unlawful immigration", "Civil actions and liability", "Criminal investigation, prosecution, interrogation", "Criminal justice information and records", "Customs enforcement", "Department of Justice", "G...
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118S1085
Hammers' Law
[ [ "F000463", "Sen. Fischer, Deb [R-NE]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1085 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1085 To provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mrs. Fischer (for herself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide authorization for nonpecuniary damages in an action resulting from a cruise ship voyage occurring on the high seas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hammers' Law''. SEC. 2. LIMITATIONS IN CERTAIN CASES. (a) In General.--Section 30307 of title 46, United States Code, is amended-- (1) in the section heading, by striking ``Commercial aviation accidents'' and inserting ``Limitations in certain cases''; (2) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) Cruise ship.--The term `cruise ship' means a passenger vessel, other than a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State, that-- ``(A) is authorized to carry at least 250 passengers; ``(B) has onboard sleeping facilities for each passenger; ``(C) is on a voyage that embarks or disembarks passengers in the United States; and ``(D) is not engaged on a coastwise voyage. ``(2) Nonpecuniary damages.--The term `nonpecuniary damages' means damages for loss of care, comfort, and companionship.''; (3) in subsection (b), by inserting ``or cruise ship voyage'' after ``commercial aviation''; and (4) in subsection (c), by inserting ``or cruise ship voyage'' after ``commercial aviation''. (b) Clerical Amendment.--The table of sections for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: ``30307. Limitations in certain cases.''. &lt;all&gt; </pre></body></html>
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118S1086
Disability and Age in Jury Service Nondiscrimination Act
[ [ "M000133", "Sen. Markey, Edward J. [D-MA]", "sponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1086 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1086 To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of disability. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Markey (for himself, Mr. Casey, Mr. Sanders, Mr. Blumenthal, Ms. Duckworth, Ms. Warren, Mr. Padilla, Mr. Wyden, Ms. Smith, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of disability. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability and Age in Jury Service Nondiscrimination Act''. SEC. 2. EXCLUSION FROM FEDERAL JURIES ON ACCOUNT OF DISABILITY. (a) Discrimination Prohibited.--Section 1862 of title 28, United States Code, is amended by inserting ``disability, age,'' after ``origin,''. (b) Qualifications for Jury Service.--Section 1865 of title 28, United States Code, is amended-- (1) in subsection (b)(4), by inserting ``that cannot be reasonably accommodated'' after ``infirmity''; and (2) by adding at the end the following: ``(c) No person may be disqualified from serving on grand and petit juries in the district court under paragraph (2) or (3) of subsection (b) on account of disability if the person would be qualified under such paragraph (2) or (3) by reasonable accommodation.''. &lt;all&gt; </pre></body></html>
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118S1087
Think Tank Transparency Act
[ [ "G000386", "Sen. Grassley, Chuck [R-IA]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1087 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1087 To require certain nonprofit and not-for-profit social welfare organizations to submit disclosure reports on foreign funding to the Attorney General, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require certain nonprofit and not-for-profit social welfare organizations to submit disclosure reports on foreign funding to the Attorney General, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Think Tank Transparency Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conduct intending to directly or indirectly influence public policy or public opinion.--The term ``conduct intending to directly or indirectly to influence public policy or public opinion'' means, with respect to a covered entity, any activity that the covered entity engaging in believes will, or that the covered entity intends to, in any way influence any agency or official of the Government of the United States, or any section of the public within the United States, with respect to-- (A) formulating, adopting, or changing the domestic or foreign policies of the United States; or (B) the political or public interests, policies, or relations of a government of a foreign country or a foreign political party. (2) Contract.--The term ``contract'' means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign principal, for the direct benefit or use of either of the parties. (3) Country of citizenship.--The term ``country of citizenship'', with respect to a foreign principal, includes-- (A) the principal residence for a foreign principal who is a natural person; or (B) the country of incorporation or the principal place of business for a foreign principal which is a legal entity. (4) Covered entity.--The term ``covered entity''-- (A) means a nonprofit organization or a not-for- profit social welfare organization that-- (i) spends more than 20 percent of the resources of the organization within any given calendar year on conduct intending to directly or indirectly influence public policy or public opinion; or (ii) is affiliated with, or is a subunit, of an institution, as defined in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), that is subject to that section and that-- (I) engages in or publishes substantial policy-related research or scholarship; or (II) hosts, sponsors, or otherwise promotes annual, or on a more frequent basis, events featuring reporters, journalists, or United States or foreign government officials; and (B) excludes-- (i) an ``institution'', as defined in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), that is subject to that section; and (ii) an entity organized and operated exclusively for religious purposes. (5) Foreign principal.--The term ``foreign principal'' includes-- (A) a government of a foreign country or a foreign political party; (B) a person outside of the United States, unless it is established that-- (i) the person is an individual and a citizen of the United States; or (ii) the person-- (I) is not an individual and is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States; and (II) has its principal place of business within the United States; and (C) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (6) Gift, donation, or contribution.--The term ``gift, donation, or contribution'' means any gift of money, property, or in-kind contribution given directly or indirectly to a covered entity by a foreign principal. (7) Not-for-profit social welfare organization.--The term ``not-for-profit social welfare organization'' means an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (8) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (9) Restricted or conditional gift or contract.--The term ``restricted or conditional gift or contract'' means any endowment, gift, grant, contract, award, present, or property of any kind that includes provisions regarding-- (A) the employment, assignment, compensation, or termination of researchers, scholars, or experts; (B) the earmarking of funds for departments, centers, research or lecture programs, or new positions for researchers, scholars, or experts; (C) the subject matter, nature, or contents of research, analysis or any information published or disseminated to officials of the United States Federal Government, the media, or the public; or (D) any other condition or expectation regarding either the ability of the foreign principal to review in advance, approve, veto, or modify budgets, programs, events, or presentations, or the contents of information or materials to be published or disseminated. SEC. 3. FINDINGS. Congress finds the following: (1) Think tanks have provided Congress and the executive branch with a wealth of research and scholarship that largely has benefitted the public in the United States by improving the drafting, enactment, and enforcement of policy in the United States. (2) There is broad bipartisan agreement that think tanks possess enormous influence on the passage and enforcement of policies, particularly those that relate to foreign policy. (3) In recent years, foreign funding of think tanks has increased substantially. (4) Congress, the executive branch, and especially the people of the United States have a right to-- (A) know which think tanks receive foreign funds; and (B) assess for themselves the extent that foreign influence should be considered when analyzing the credibility and value of research and scholarship produced by such think tanks that receive foreign funds. (5) The United States House of Representatives has recognized the national security issues inherent in undue foreign influence of entities with covert sources of foreign funding that testify before Congress. Since 2015, representatives of entities who testify before the United States House of Representatives have been required to disclose relevant foreign funding sources directed to them or their employers in Truth-in-Testimony disclosure forms required under clause 2(g)(5) of rule XI of the Rules of the House of Representatives. (6) Almost 30 years ago, Congress enacted section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) (hereinafter referred to as ``section 117'') in light of concerns about the growing financial relationship between universities in the United States and foreign sources. In enacting that legislation, Congress balanced academic freedom and national security by mandating financial transparency through required reporting of contracts with, and gifts from, any foreign source. (7) Section 117 does not prohibit institutions of higher education from taking foreign money, but rather mandates accurate and transparent disclosures of sources and amounts received by those institutions to the Department of Education. In 2019, the Department of Education took concrete steps to enforce section 117 by ensuring the integrity of reporting requirements, confirming the correct reporting and categorization of donations, and prohibiting the use of domestic conduits and intermediaries to avoid the disclosures of foreign gifts. (8) Between 2011 and 2021, the Russian Federation (hereinafter referred to as ``Russia'') gave not less than $160,000,000 to universities in the United States. The People's Republic of China (hereinafter referred to as ``China'') alone gave not less than $2,700,000,000 to universities during the United States during the same time frame. (9) Russia and China each have repressive and deeply troubling records relating to human rights, and both have engaged in cyber espionage targeting individuals in the United States. (10) Russia and China pose grave threats to the national security interests of the United States, yet those countries have successfully lavished billions of dollars to cultivate strong ties with institutions of higher education and research across the United States. (11) Although the Center for International Policy conducted a study in 2020 that concluded that think tanks focused on Federal policy received not less than $174,000,000 in funding from foreign governmental entities between 2014 and 2018, there is currently no means to determine the actual level or extent of foreign influence on those think tanks. (12) What is clear is the vast amount of foreign funding that United States-based think tanks receive, and that such foreign funding affects the direction of their policy recommendations. (13) There is significant concern in Congress about potential contractual stipulations tied to foreign funding that could be leveraged by foreign powers to exert even greater influence over the research and policy recommendations of think tanks that the Federal Government and the public in the United States would otherwise believe to be independent. (14) There is broad bipartisan agreement that undue foreign influence obscured through the use of proxies--or hidden by the powerful brand of a highly respected think tank--threatens the national security interests of the United States. There is also broad agreement that transparency is the most important and effective tool for reducing the harm of foreign influence targeting United States public policy or public opinion. (15) As such, this bill aims to provide critical transparency regarding the foreign funding provided to, and the related contractual agreements with, think tanks whose work includes influencing United States policies or public opinion. SEC. 4. CONTEMPORANEOUS DISCLOSURE REPORTS. (a) Reporting Conditions.-- (1) Gifts, donations, or contributions.-- (A) In general.--Except as provided in section 7, a covered entity that receives a gift, donation, or contribution from a foreign principal during a calendar year in an aggregate amount of $10,000 or greater shall file a disclosure report with the Attorney General in accordance with subsection (b) not later than 90 days after each disclosure date. (B) Disclosure date defined.--In this paragraph, the term ``disclosure date'' means-- (i) the first date during any calendar year by which a covered entity has received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater; and (ii) any other date during such calendar year by which a covered entity has received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater since the most recent disclosure date for such calendar year. (2) Contract, memorandum of understanding, or agreement.-- Except as provided in section 7, a covered entity that enters into or modifies a contract, memorandum of understanding, or agreement with a foreign principal shall file a disclosure report with the Attorney General in accordance with subsection (b) within 90 days of the entering into or modification of such contract, memorandum, or agreement. (b) Contents of Contemporaneous Disclosure Report.-- (1) Gifts, donations, or contributions only.--The report required under subsection (a)(1) shall detail the following: (A) The identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity, including the name and title of such point of contact. (B) The date on which the foreign principal provided a gift, donation, or contribution to the covered entity. (C) The aggregate dollar amount of such gift, donation, or contribution attributable to a particular foreign principal. (D) A description of any conditions or restrictions regarding any of the disclosed gifts, donations, or contributions. (E) The aggregate amount of such gifts, donations, or contributions received from each foreign principal. (F) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. (2) Contract, memorandum of understanding, or agreement only.--The report required under subsection (a)(2) shall detail the following: (A) The identities of the foreign principal and the primary point of contact of the foreign principal for engaging with the covered entity, including the name and title of such point of contact. (B) The date on which the covered entity entered into or modified a contract, memorandum of understanding, or agreement with a foreign principal. (C) Copies of all written contracts, agreements, or memoranda of understanding the covered entity entered into or modified with any foreign principal. (D) Copies of all internal and external documents, research materials, and publications produced as a result of the contract, memorandum of understanding, or agreement. (E) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. SEC. 5. INITIAL DISCLOSURE REPORTS. (a) In General.--A covered entity shall file an initial disclosure report, in accordance with subsection (b) or (c), with the Attorney General not later than 180 days after the date of enactment of this Act if, during the period beginning on January 1 of the most recent calendar year that ended before the date of enactment of this Act and ending on the effective date of this Act-- (1) the covered entity received a gift, donation, or contribution from a foreign principal in an aggregate amount of $10,000 or greater; (2) the covered entity entered into or modified a contract, memorandum of understanding, or agreement with a foreign principal; or (3) the covered entity had previously entered into a contract, agreement, or memorandum of understanding with a foreign principal that was still valid or enforceable on or after January 1 of the most recent calendar year that ended before the date of enactment of this Act. (b) Prior Gifts, Donations, or Contributions.--The report required under subsection (a)(1) shall detail the following: (1) The name of the foreign principal. (2) The country of citizenship of the foreign principal. (3) The amount and date of such gifts, donations, or contributions. (4) The description of any conditions or restrictions attached to, or placed on, the gifts, donations, or contributions. (5) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. (c) Contract, Memorandum of Understanding, or Agreement.--The report required under subsection (a)(2) shall detail the following: (1) The name of the foreign principal. (2) The country of citizenship of the foreign principal. (3) Copies of each written contract, memorandum of understanding, or agreement. (4) Any modification of each such written contract, memorandum, or agreement. (5) The terms and conditions of each oral agreement. (6) Any modification of each such oral agreement. (7) A comprehensive statement of-- (A) the nature and method of performance of each item described in paragraphs (3) through (6); and (B) the actions taken by the covered entity at the request or suggestion of each such foreign principal. (8) A description of any decisions made because of the foreign principal to the structure of the organization or to the research, programs, or content intended to be or actually published, disseminated, or promoted by the covered entity. SEC. 6. BRIEFINGS, TESTIMONY, OR SIMILAR FORMS OF PRESENTATION OF RESEARCH. (a) Labeling of Written Materials.--If a covered entity provides a briefing, testimony, or similar form of presentation of research to a member or employee of Congress, or to an executive branch official, the covered entity shall identify prominently on any written materials provided to the member or employee of Congress, or to the executive branch official, the name of the relevant foreign principal and the country of citizenship, if the foreign principal is not a government, who provided funding for such briefing, testimony, or similar form of presentation of research. (b) Addendum to Briefing, Testimony, Presentation.--In the event that no written materials are provided in a briefing, testimony, or similar form of presentation of research described in subsection (a), the covered entity shall convey the information required under subsection (a) in writing to the member or employee of Congress, or executive branch official, before or not later than 10 days after the date of the briefing, testimony, or presentation. SEC. 7. RELATION TO OTHER REPORTING REQUIREMENTS. (a) State Reports.-- (1) Requirements of a covered entity.--If a covered entity has its headquarters in a State that has enacted requirements for public disclosure of gifts, donations, or contributions from, or contracts or agreements with, a foreign principal that are substantially similar to the requirements of this Act, a copy of the disclosure report filed with that State may be filed with the Attorney General in lieu of a report required under this Act. (2) Requirements of the state.--The State in which a covered entity has its headquarters shall provide to the Attorney General such assurances as the Attorney General may require to establish that the covered entity has met the requirements for public disclosure under State law if the State-mandated disclosure report is filed. (b) Federal Reports.--If a covered entity receives a gift, donation, or contribution from, or enters into a contract or agreement with, a foreign principal, and if any other department, agency, or bureau of the executive branch requires a report containing requirements substantially similar to those required under this Act, a copy of the report may be filed with the Attorney General in lieu of a report required under this Act. SEC. 8. ADMINISTRATION AND ENFORCEMENT. (a) Books and Records.-- (1) Retention period.--For a period of not less than 5 years, a covered entity shall retain the necessary materials required to comply with the requirements of this Act, including books of account, all communications with any foreign principal, and other records regarding the activities of the covered entity related to any contracts, memorandum of understandings, or agreements with, or gifts, donations, or contributions from, a foreign principal. (2) Inspection.-- (A) Attorney general.--Upon request of the Attorney General, each covered entity shall furnish to the Attorney General all information and records in the possession of the covered entity that the Attorney General may determine to be necessary to comply with the requirements under this Act. (B) Congress.--Upon request of Congress or a committee of Congress, a covered entity shall furnish to Congress or the relevant committee of Congress such information and records as Congress or the relevant committee of Congress may request to determine the extent to which the covered entity is in compliance with the requirements of this Act. (3) Publication.--Any information or records furnished pursuant to paragraph (2)(A) shall be made available in the database required under subsection (b). (4) Prohibition.--It shall be unlawful for any person willfully to conceal, destroy, obliterate, mutilate, or falsify, or to attempt to conceal, destroy, obliterate, mutilate, or falsify, or to cause to be concealed, destroyed, obliterated, mutilated, or falsified, any books or records required to be kept under the provisions of this section. (b) Publication.--All disclosure reports required by this Act and the information and records required to be furnished pursuant to subsection (a)(2)(A) shall be made available to the public through a database maintained on the official website of the Department of Justice. (c) Civil Monetary Penalty.--Any covered entity that fails to comply with the requirements of this Act, including any rule or regulation promulgated thereunder, shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not less than $1,000 for each day of the failure described by this Act--during which the covered entity is in violation of this Act. (d) Civil Action.-- (1) Court orders.--Whenever it appears that a covered entity has failed to comply with the requirements of this Act, including any rule or regulation promulgated under this Act, a civil action may be brought by the Attorney General in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this Act. (2) Costs.--For knowing or willful failure to comply with the requirements of this Act, including any rule or regulation promulgated thereunder, a covered entity shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement. (e) Regulations.--The Attorney General may promulgate such regulations as the Attorney General considers necessary to implement the requirements of this Act. SEC. 9. EFFECTIVE DATE. This Act shall take effect on the date that is 120 days after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
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118S1088
North Dakota Trust Lands Completion Act of 2023
[ [ "H001061", "Sen. Hoeven, John [R-ND]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1088 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1088 To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hoeven (for himself and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``North Dakota Trust Lands Completion Act of 2023''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1889, Congress enacted the North Dakota Enabling Act ``to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States''; (2) section 10 of the North Dakota Enabling Act (25 Stat. 679, chapter 180)-- (A) with certain exceptions, granted sections 16 and 36 in every township to the new States of North Dakota, South Dakota, Montana, and Washington ``for the support of common schools''; and (B) in cases where portions of sections 16 and 36 had been reserved, granted, or sold prior to those States attaining statehood, authorized indemnity or ``in lieu'' selections; (3) the State of North Dakota was granted land and minerals totaling more than 2,500,000 acres under the North Dakota Enabling Act; (4) the North Dakota Enabling Act provided further land grants to the State of North Dakota for the support of colleges, universities, the State capitol, and other public institutions; (5) prior to the enactment of the North Dakota Enabling Act, the United States, through treaties and Executive orders, including the Treaty between the United States of America and the Mandan, Hidatsa, Arikara, and other Tribal Nations, made and concluded at Fort Laramie September 17, 1851 (11 Stat. 749), the Treaty between the United States of America and the Sisseton and Wahpeton Bands of Dakota or Sioux Indians, made and concluded at Washington February 19, 1867 (15 Stat. 505), the Treaty between the United States of America and different Tribes of Sioux Indians, made and concluded at Fort Laramie April 29, 1868 (15 Stat. 635), and the Executive order of April 12, 1870, established several reservations of land for multiple Indian Tribes located in the State of North Dakota; (6) authorizing the State to relinquish the State land grant parcels located within the reservations and to select other Federal land or minerals in lieu of the relinquished State land grant parcels will-- (A) fulfill the promise of land and minerals to the State; and (B) provide to Indian Tribes greater Tribal sovereignty and control of land and minerals within the reservations; and (7) Congress should authorize the State-- (A) to relinquish the land and minerals located within the reservations; and (B) to select in lieu of the relinquished land other Federal land or minerals in the State of North Dakota of equal value. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means public land and minerals located within the State of North Dakota, including public land that is mineral in character. (2) North dakota enabling act.--The term ``North Dakota Enabling Act'' means the Act of February 22, 1889 (25 Stat. 676, chapter 180). (3) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) Reservation.--The term ``reservation'' means any Indian reservation located wholly or partially within the State of North Dakota and recognized under United States treaty, Executive order, or Act of Congress. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of North Dakota, acting through the North Dakota Board of University and School Lands and its agent, the Department of Trust Lands. (7) State land grant parcel.--The term ``State land grant parcel'' means-- (A) a parcel of land granted to the State of North Dakota by Congress-- (i) on statehood; or (ii) through a grant pursuant to the North Dakota Enabling Act; (B) a section of land numbered 16 or 36 granted to the State of North Dakota by Congress for school purposes; (C) a parcel of land selected by the State of North Dakota as indemnity for any section of land numbered 16 or 36; and (D) a parcel of land other than a parcel of land described in subparagraph (A), (B), or (C) obtained by the State after statehood. (8) Unappropriated federal land.-- (A) In general.--The term ``unappropriated Federal land'' means Federal land under the management and control of the Bureau of Land Management and located within the State of North Dakota. (B) Exclusions.--The term ``unappropriated Federal land'' does not include-- (i) surface interests acquired by the Bureau of Land Management; (ii) any area of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)); or (iii) land that is-- (I) withdrawn from public entry; (II) located within a unit of the National Park System; (III) located within any reservation; (IV) located within-- (aa) T. 147 N., R. 95 W.; (bb) T. 148 N., R. 95 W.; (cc) T. 148 N., R. 96 W.; or (dd) T. 149 N., R. 95 W.; (V) located within a United States military reservation; or (VI) designated by Congress or the President for conservation purposes. SEC. 4. RELINQUISHMENT AND SELECTION; CONVEYANCE. (a) Relinquishment and Selection.-- (1) In general.--Subject to valid existing rights, if the State elects to relinquish all right, title, and interest of the State in and to a State land grant parcel located wholly or partially within the boundaries of any reservation, the Secretary shall authorize the State to select in accordance with this Act 1 or more parcels of unappropriated Federal land of substantially equivalent value within the State of North Dakota. (2) Approval.--Not later than 90 days after the date on which the State makes a selection under paragraph (1), the Secretary shall approve or reject, in whole or in part, the selection. (b) Conveyance.-- (1) Conveyance by secretary.-- (A) In general.--Not later than 60 days after the date on which the Secretary approves a State selection of unappropriated Federal land under subsection (a)(2), the Secretary shall initiate the actions necessary to convey to the State the unappropriated Federal land. (B) Requirements.--Conveyance of Federal land by the Secretary under this Act-- (i) shall be by clear list, patent, or deed acceptable to the State; and (ii) shall not be considered a sale, exchange, or conveyance under section 203, 205, 206, or 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1715, 1716, 1719). (2) Relinquishment and conveyance by state.-- (A) In general.--As consideration for the conveyance of Federal land under paragraph (1), on the date on which the Federal land is conveyed to the State, the State shall concurrently relinquish and convey to the Secretary all right, title, and interest of the State in and to the State land grant parcel identified for relinquishment under subsection (a)(1). (B) Title.--The State shall convey to the Secretary title, free of any financial claims, liabilities, or other financial encumbrances, to all parcels relinquished under subparagraph (A). (C) Limitation.--Relinquishment and conveyance by the State of a State land grant parcel under this Act shall not be considered an exchange or acquisition for purposes of section 205 or 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715, 1716). (c) Succession to Rights and Obligations.--Each party to which land is conveyed under this Act shall, to the fullest extent allowable under Federal and State law, succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (d) Management After Relinquishment.-- (1) Reservation.--If a State land grant parcel relinquished by the State and conveyed to the Secretary under this Act is located wholly or partially within the boundaries of any reservation, on request of the applicable Indian Tribe, the portion of the State land grant parcel located within the boundaries of the reservation shall be-- (A) taken into trust by the Secretary on behalf of, and for the benefit of, the Indian Tribe on the date of the conveyance; and (B) considered to be a part of the reservation of the Indian Tribe. (2) Consultation required.--Prior to the conveyance of a State land grant parcel located wholly or partially within the boundaries of any reservation, the State and the Secretary shall consult with the Indian Tribe the land of which is subject to conveyance in accordance with Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments). (e) Special Rules for Mineral Land.-- (1) Definition of unappropriated federal land subject to a lease or permit.--In this subsection, the term ``unappropriated Federal land subject to a lease or permit'' means unappropriated Federal land subject to a mineral lease or permit that is-- (A) issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) in a producing or producible status during the 10-year period following the date of enactment of this Act. (2) Selection of mineral land.--The State may select, and the Secretary may convey, unappropriated Federal land that is mineral in character under subsection (b) on the condition that, except as provided in paragraph (3)(A), if the selected land is unappropriated Federal land subject to a lease or permit-- (A) the Secretary shall reserve an overriding interest in the portion of the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (B) such a selection shall not include any portion of the mineral lease or permit. (3) Conveyance of mineral estate.-- (A) In general.--If the State selects unappropriated Federal land subject to a lease or permit under paragraph (2), on the option of the State-- (i) the Secretary may convey with the surface interest in the land the interest in the mineral estate that is comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.); and (ii) all Federal mining claims over the land shall be converted to State leases in accordance with this paragraph. (B) Mining claims.--To facilitate the conversion of Federal mining claims to State leases under subparagraph (A), a Federal mining claimant may file with the Secretary a voluntary relinquishment of the Federal mining claim conditioned on-- (i) conveyance of the land to the State; and (ii) the conversion of the Federal mining claim to a State lease. (C) Obligations under federal law.--Until the date on which the land is conveyed to the State under subparagraph (A), a Federal mining claimant shall be subject to any obligations relating to the land under Federal law. (D) No relinquishment.--If the land previously encumbered by the relinquished Federal mining claim is not conveyed to the State under subparagraph (A), the relinquishment of land under subparagraph (B) shall have no effect. (E) Rights-of-way; other interest.--On conveyance to the State of land encumbered by a relinquished Federal mining claim under this paragraph, the State shall assume authority over any leases, licenses, permits, rights-of-way, operating plans, other land use authorizations, or reclamation obligations applicable to the relinquished Federal mining claim on the date of conveyance. (F) Valuation.--If a Federal mining claimant does not voluntarily relinquish under subparagraph (B) a Federal mining claim on land conveyed to the State, the Secretary shall take into account the encumbrance represented by the claim in determining the value of the land under section 5(b). (f) Withdrawal.-- (1) In general.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land selected by the State for conveyance under this Act, effective beginning on the date on which the State makes the selection and ending on the date described in paragraph (2), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Date described.--The date referred to in paragraph (1) is the date on which, as applicable-- (A) the Federal land is conveyed by the Secretary to the State; (B) the Secretary rejects the selection under subsection (a)(2); or (C) the State withdraws the selection. SEC. 5. VALUATION. (a) Equal Value.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land selected in accordance with this Act-- (1) the overall value of the State land grant parcel and the overall value of the parcel of Federal land shall be substantially equal; or (2) subject to subsection (c), if the overall value of the parcels is not equal, the party conveying the parcel of lesser value shall-- (A) equalize the value by the payment of funds to the other party; or (B) enter the imbalance in value on a ledger account in accordance with subsection (e). (b) Appraisal Required.--Except as provided in subsection (d), the Secretary shall determine the value of a State land grant parcel and a parcel of Federal land to be conveyed under this Act through an appraisal completed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; or (2) subject to subsection (d)(1), the Uniform Standards for Professional Appraisal Practice. (c) Equalization.--With respect to a conveyance to the Secretary of a State land grant parcel of lesser value than the parcel of Federal land to be conveyed to the State under this Act, the total value of the equalization payment described in subsection (a)(2)(A) or the ledger entry described in subsection (e), as applicable, may not exceed 25 percent of the total value of the parcel of Federal land. (d) Low Value Parcels.-- (1) In general.--The Secretary, with the consent of the State, may use mass appraisals, a summary appraisal, or a statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice to determine the value of a State land grant parcel or a parcel of Federal land to be conveyed under this Act instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that market value of the State land grant parcel or parcel of Federal land, as applicable, is-- (A) less than $500,000; and (B) less than $500 per acre. (2) Division.--A State land grant parcel or a parcel of Federal land may not be artificially divided in order to qualify for a summary appraisal, mass appraisal, or statement of value under paragraph (1). (e) Ledger Accounts.-- (1) In general.--With respect to a State land grant parcel conveyed under this Act in consideration for a parcel of Federal land, if the overall value of the parcels is not equal, the Secretary and the State may agree to use a ledger account to make equal the value. (2) Imbalances.--A ledger account described in paragraph (1) shall reflect imbalances in value to be reconciled in a subsequent transaction. (3) Account balancing.--Each ledger account described in paragraph (1) shall be-- (A) balanced not later than 3 years after the date on which the ledger account is established; and (B) closed not later than 5 years after the date of the last conveyance of land under this Act. (4) Costs.-- (A) In general.--The Secretary or the State may assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party. (B) Adjustment.--If the Secretary or the State assume costs or other responsibilities under subparagraph (A), the Secretary or the State shall make adjustments to the value of the Federal land conveyed to the State to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities. (5) Mineral land.--If value is attributed to any parcel of Federal land that has been selected by the State because of the presence of minerals under a lease entered into under the Mineral Leasing Act (30 U.S.C. 181 et seq.) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of the parcel shall be reduced by the amount that represents the likely Federal revenue sharing obligation under the Mineral Leasing Act (30 U.S.C. 181 et seq.) with the State, but the adjustment shall not be considered as reflecting a property right of the State. SEC. 6. MISCELLANEOUS. (a) In General.--Land or minerals conveyed under this Act shall be subject to all applicable Federal, State, and Tribal law. (b) Protection of Indian Rights.-- (1) Treaty rights.--Nothing in this Act modifies, limits, expands, or otherwise affects any treaty-reserved right or other right of any Indian Tribe recognized by any other means, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law. (2) Land or minerals held in trust.--Nothing in this Act affects-- (A) land or minerals held in trust by the United States as of the date of enactment of this Act on behalf of, and for the benefit of, any Indian Tribe; or (B) any individual Indian allotment. (c) Hazardous Materials.-- (1) In general.--The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (2) Certification.-- (A) In general.--Prior to completing a conveyance of Federal land under this Act, the Secretary shall complete an inspection and a hazardous materials certification of the land to be conveyed. (B) State land grant parcels.--Prior to completing a conveyance of a State land grant parcel under this Act, the State shall complete an inspection and a hazardous materials certification of the land to be conveyed. (d) Grazing Permits.-- (1) In general.--If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary or the State, as applicable, shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of the user agreements, including permitted stocking rates, grazing fee levels, access, and ownership and use of range improvements. (2) Cancellation.-- (A) In general.--Nothing in this Act prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Base properties.--If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. (C) Range improvements.--Nothing in this Act prohibits a holder of a grazing lease, permit, or contract from being compensated for range improvements pursuant to the terms of the lease, permit, or contract under existing Federal or State laws. SEC. 7. SAVINGS CLAUSE. Nothing in this Act applies to or impacts the ownership of any land or mineral resources. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S1089
Coal Council Certainty Act of 2023
[ [ "H001061", "Sen. Hoeven, John [R-ND]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "D000618", ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1089 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1089 To maintain the National Coal Council in the Department of Energy to provide advice and recommendations to the Secretary of Energy on matters relating to coal and the coal industry, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hoeven (for himself, Mr. Barrasso, Mrs. Capito, Mr. Cramer, Mr. Daines, Mr. Lankford, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To maintain the National Coal Council in the Department of Energy to provide advice and recommendations to the Secretary of Energy on matters relating to coal and the coal industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Council Certainty Act of 2023''. SEC. 2. NATIONAL COAL COUNCIL. (a) In General.--The Secretary of Energy shall maintain the National Coal Council, in accordance with the charter for the National Coal Council (as filed with Congress on November 19, 2021). (b) Applicability of the Federal Advisory Committee Act.-- (1) In general.--Subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the National Coal Council. (2) Termination.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Coal Council. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S109
Ensuring Kids Have Access to Medically Necessary Dental Care Act
[ [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "sponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ] ]
<p><b>Ensuring Kids Have Access to Medically Necessary Dental Care Act</b></p> <p>This bill modifies dental coverage under the Children's Health Insurance Program (CHIP). Specifically, the bill prohibits lifetime or annual limits on CHIP dental coverage. It also requires states to offer dental-only supplemental coverage under CHIP to children who have other health insurance but are otherwise eligible for CHIP (i.e., wraparound coverage); such coverage is currently at the option of the state.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 109 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 109 To amend title XXI of the Social Security Act to prohibit lifetime or annual limits on dental coverage under the Children's Health Insurance Program, and to require wraparound coverage of dental services for certain children under such program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Cardin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XXI of the Social Security Act to prohibit lifetime or annual limits on dental coverage under the Children's Health Insurance Program, and to require wraparound coverage of dental services for certain children under such 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 ``Ensuring Kids Have Access to Medically Necessary Dental Care Act''. SEC. 2. PROHIBITION OF LIFETIME OR ANNUAL LIMITS ON DENTAL BENEFITS UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--Section 2103(c)(6) of the Social Security Act (42 U.S.C. 1397cc(c)(6)) is amended-- (1) in subparagraph (A), by inserting ``, subject to subparagraph (D),'' after ``shall include''; (2) in subparagraph (B), by striking ``A State'' and inserting ``Subject to subparagraph (D), a State''; and (3) by adding at the end the following new subparagraph: ``(D) No lifetime or annual limits on dental benefits.--A State shall not establish lifetime or annual limits on the dollar value of benefits for dental services provided under the State child health plan to a targeted low-income child, and, in the case that the State elects to provide pregnancy-related assistance pursuant to section 2112, to a targeted low- income pregnant woman (as defined in section 2112(d)), including benefits for such services that are provided through dental coverage that is otherwise equivalent to a benchmark dental package described in subparagraph (C).''. (b) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date of enactment of this Act. SEC. 3. REQUIRING WRAPAROUND COVERAGE OF DENTAL SERVICES FOR CERTAIN CHILDREN UNDER CHIP. (a) In General.--Section 2110(b)(5) of the Social Security Act (42 U.S.C. 1397jj(b)(5)) is amended-- (1) in the paragraph header, by striking ``Option'' and inserting ``Requirement''; (2) in subparagraph (A), by striking ``may waive'' and inserting ``shall waive''; and (3) in subparagraph (C)-- (A) in the subparagraph header, by striking ``Conditions'' and inserting ``Requirements''; and (B) by striking ``may not offer dental-only supplemental coverage under this paragraph unless the State satisfies the following conditions'' and inserting ``shall offer dental-only supplemental coverage under this paragraph in accordance with the following requirements''. (b) Effective Date.--The amendments made by this section shall take effect on the date that is 6 months after the date of enactment of this Act. &lt;all&gt; </pre></body></html>
[ "Health", "Child health", "Dental care", "Health care costs and insurance", "Health care coverage and access", "Poverty and welfare assistance" ]
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118S1090
A bill to direct the Secretary of Veterans Affairs to update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education, and for other purposes.
[ [ "M000639", "Sen. Menendez, Robert [D-NJ]", "sponsor" ] ]
<p>This bill requires the Department of Veterans Affairs (VA) to update its payment system to allow for electronic fund transfer of VA educational assistance to a foreign institution of higher education that provides an approved course of education to eligible recipients and does not have an employer identification number or an account with a domestic bank.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1090 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1090 To direct the Secretary of Veterans Affairs to update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution 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. PAYMENT OF VA EDUCATIONAL ASSISTANCE VIA ELECTRONIC FUND TRANSFER TO A FOREIGN INSTITUTION OF HIGHER EDUCATION. Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall update the payment system of the Department of Veterans Affairs to allow for electronic fund transfer of educational assistance, administered by the Secretary, to a foreign institution of higher education that-- (1) provides an approved course of education to an eligible recipient of such assistance; and (2) does not have-- (A) an employer identification number; or (B) an account with a domestic bank. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Bank accounts, deposits, capital", "Foreign and international banking", "Higher education", "Student aid and college costs", "Veterans' education, employment, rehabilitation" ]
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118S1091
Consumer Online Payment Transparency and Integrity Act
[ [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "W000779", ...
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1091 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1091 To provide for automatic renewal protections, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Van Hollen (for himself, Mr. Blumenthal, Mr. Lujan, Mr. Reed, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide for automatic renewal protections, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Online Payment Transparency and Integrity Act''. SEC. 2. AUTOMATIC RENEWAL PROTECTIONS. (a) In General.--A person who sells a good or service to a consumer pursuant to a contract that includes a free-to-pay conversion or negative option feature or any other automatic renewal provision shall disclose such feature or provision and the cancellation procedure clearly and conspicuously in the contract. (b) Automatic Renewal.--A person who sells a good or service to a consumer pursuant to a contract that will automatically renew unless the consumer cancels the contract shall-- (1) notify, in the same manner as the consumer entered into the contract, the consumer of-- (A) the first automatic renewal (and of each automatic renewal thereafter) not less than 7 days (or a longer time period as determined appropriate by the Commission) before the commencement of the renewal period; and (B) how the consumer may cancel the contract, which shall include-- (i) an online mechanism for cancellation provided by the person; and (ii) a toll-free telephone number, email address, postal mail address, or other cost- effective, timely, and easy-to-use mechanism for cancellation provided by the person; (2) on an annual basis and notwithstanding the consumer's consent to the initial term (or any subsequent term), obtain the consumer's express informed consent to renew the contract before charging the consumer for the automatic renewal; and (3) notwithstanding the consumer's consent to the initial term (or any subsequent term), in the event that the person has actual knowledge that the consumer has not used the good or service provided under the contract for a period of 6 consecutive months since the consumer's most recent express informed consent-- (A) obtain the consumer's express informed consent to the automatic renewal before charging the consumer for the automatic renewal; and (B) notify the consumer that the consumer has a right to terminate the contract and receive a prorated refund for the remaining portion of the contract. (c) Free Trial.--A person who sells a good or service to a consumer pursuant to a contract that includes a free-to-pay conversion feature with a free trial period, shall-- (1) notify, in the same manner as the consumer entered into the contract, the consumer-- (A) that the consumer will be charged for the good or service not less than 7 days (or a longer time period as determined appropriate by the Commission) before the expiration of the free trial period; and (B) of how the consumer may cancel the contract, which shall include-- (i) an online mechanism for cancellation provided by the person; and (ii) a toll-free telephone number, email address, postal mail address, or other cost- effective, timely, and easy-to-use mechanism for cancellation provided by the person; and (2) notwithstanding the consumer's consent to the free trial, obtain the consumer's express informed consent to the applicable charge for the good or service not less than 7 days (or a longer time period as determined appropriate by the Commission) before the expiration of the free trial period and before charging the consumer for the automatic renewal. (d) Automatic Renewal Void.--In the case of a violation of subsection (a), (b), or (c)-- (1) the applicable automatic renewal provision shall be void, and the contract shall terminate upon the occurrence of such violation; and (2) the person who violated subsection (a), (b), or (c) shall provide the consumer with a refund for all amounts paid by the consumer due to such violation. (e) Dark Patterns.--With respect to a contract that includes a free-to-pay conversion or negative option feature or any other automatic renewal provision, a consumer's consent obtained through the use of dark patterns shall not be considered express informed consent. (f) Exemptions.--The requirements under subsections (a), (b), (c), and (d) shall not apply to a service contract or any other person or contract determined appropriate by the Commission. (g) Effective Date.--The requirements under this section shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 3. ENFORCEMENT BY THE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 or a rule promulgated under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of the Commission.-- (1) In general.--The Commission shall enforce this Act 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. (2) Privileges and immunities.--Any person who violates section 2 or a rule promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (4) Rulemaking.--The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act, or to prevent unfair or deceptive acts or practices regarding free trials, automatic renewals, or other contracts under which a consumer's silence or failure to take an affirmative action to reject goods or services or to cancel an agreement is interpreted by the seller as acceptance of the offer. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means any person who seeks or acquires, by purchase or lease, any goods or services. (3) Dark patterns.--The term ``dark patterns'' means a user interface that has the substantial effect of subverting or impairing user autonomy, decision making, or choice. (4) Free-to-pay conversion.--The term ``free-to-pay conversion'' has the meaning given that term in section 310.2 of title 16, Code of Federal Regulations. (5) Negative option feature.--The term ``negative option feature'' has the meaning given that term in section 310.2 of title 16, Code of Federal Regulations. (6) Service contract.--The term ``service contract'' means a contract or agreement for a separately stated consideration for any duration-- (A) to perform the repair, replacement, or maintenance of property or indemnification for service repair, replacement, or maintenance for the operational or structural failure of any motor vehicle or residential or other property due to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear; or (B) to indemnify for the same, including towing, rental, or emergency road service or road hazard protection, and which may provide for the service repair, replacement, or maintenance of property for damage resulting from power surges or interruption. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S1092
Making Education Affordable and Accessible Act of 2023
[ [ "P000595", "Sen. Peters, Gary C. [D-MI]", "sponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ] ]
<p><b>Making Education Affordable and Accessible Act</b> <strong>of </strong><b>2023</b></p> <p>This bill reauthorizes through FY2029 and revises the Fund for the Improvement of Postsecondary Education (FIPSE) program. </p> <p>The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn postsecondary credits.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1092 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1092 To amend the Higher Education Act of 1965 to make college affordable and accessible by expanding access to dual or concurrent enrollment programs and early college high school programs. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Peters (for himself, Mr. Boozman, Mr. Kaine, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to make college affordable and accessible by expanding access to dual or concurrent enrollment programs and early college high school programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Education Affordable and Accessible Act of 2023''. SEC. 2. DUAL OR CONCURRENT ENROLLMENT PROGRAMS AND EARLY COLLEGE HIGH SCHOOL. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking ``fiscal year 2009'' and inserting ``fiscal year 2024''; and (3) by inserting after section 744 the following: ``SEC. 745. DUAL OR CONCURRENT ENROLLMENT PROGRAMS AND EARLY COLLEGE HIGH SCHOOL. ``(a) Purpose.--The purpose of this section is to expand access for high school students to the opportunities offered in dual or concurrent enrollment programs and early college high school programs established through partnerships between local educational agencies and institutions of higher education that enable such students to earn postsecondary credits while enrolled in a public high school. ``(b) Definitions.--In this section: ``(1) ESEA definitions.--The terms `dual or concurrent enrollment program', `early college high school', and `high school' have the same meaning given to those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) Eligible institution.--The term `eligible institution' means an institution of higher education that carries out or plans to carry out a dual or concurrent enrollment program or an early college high school program. ``(c) Grants Authorized.--The Secretary may award grants to eligible institutions to carry out dual or concurrent enrollment programs or early college high school programs. ``(d) Application.--An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a description of-- ``(1) the partnership between the eligible institution and each local educational agency involved in carrying out the dual or concurrent enrollment program or early college high school program; and ``(2) how the eligible institution will expand student access to a dual or concurrent enrollment program or an early college high school program, especially for students described in subsection (e). ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible institutions that will use grant funds for dual or concurrent enrollment programs or early college high school programs that serve students from low-income families, students from rural communities, or first-generation college students (as defined in section 402A(h)). ``(f) Use of Funds.--An eligible institution that receives a grant under this section shall use the grant funds to carry out a dual or concurrent enrollment program or an early college high school program for students enrolled in a public high school, which may include activities such as-- ``(1) providing educators, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; ``(2) designing the curriculum and sequence of courses for a dual or concurrent enrollment program or an early college high school program in collaboration with educators from the local educational agency and faculty from the eligible institution; ``(3) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; ``(4) establishing outreach programs to provide elementary school and secondary school students, especially those students in middle grades, and their parents, educators, school counselors, and principals information about and academic preparation for a dual or concurrent enrollment program or an early college high school program; ``(5) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; or ``(6) coordinating high school transition and postsecondary support services and academic calendars. ``(g) Flexibility of Funds.-- ``(1) In general.--Subject to paragraph (2), an eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out a dual or concurrent enrollment program or an early college high school program, including the costs of-- ``(A) tuition and fees, books, and required instructional materials for the program so that students will not be required to pay tuition or fees for postsecondary courses; and ``(B) transportation to and from the program. ``(2) Limitation.--An eligible institution may use not more than 20 percent of grant funds received under this section for transportation costs described in paragraph (1)(B). ``(h) Evaluation and Report.-- ``(1) In general.--Each eligible institution receiving a grant under this section shall-- ``(A) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and ``(B) prepare and submit to the Secretary a report containing the results of the evaluation described in subparagraph (A). ``(2) Requirements.--The Secretary may establish requirements for program evaluations.''. &lt;all&gt; </pre></body></html>
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118S1093
Hawaii Air Tour Management Act of 2023
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 1093 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 1093 To require the Administrator of the Federal Aviation Administration to establish an air tour management plan for certain areas of Hawaii, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Schatz (for himself and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require the Administrator of the Federal Aviation Administration to establish an air tour management plan for certain areas of Hawaii, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaii Air Tour Management Act of 2023''. SEC. 2. AIR TOUR MANAGEMENT PLAN FOR CERTAIN AREAS OF HAWAII. (a) Air Tour Management Plan.-- (1) In general.--Notwithstanding section 40128 of title 49, United States Code, subject to paragraph (2), not later than 2 years after the date of enactment of this section, the Administrator of the Federal Aviation Administration, in consultation with the Governor of Hawaii, shall establish an air tour management plan for any area within the State of Hawaii that is not located within the National Park System. (2) Requirements.--The Administrator of the Federal Aviation Administration shall enter into an agreement with the Governor of Hawaii to establish the contents of the plan required by paragraph (1), the procedure for establishing such plan (including with respect to any amendments to the plan), and the responsibilities of each party to such agreement in carrying out the plan. (b) Interim Authority.--Until the date on which the air tour management plan is established under subsection (a), the Administrator of the Federal Aviation Administration may grant an air tour operator operating in an area within the State of Hawaii that is not located within the National Park System interim operating authority for that area. (c) Non-Application of the APA.--The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act'') shall not apply to the establishment of an air tour management plan under this section. &lt;all&gt; </pre></body></html>
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