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118S1094 | Journalism Competition and Preservation Act of 2023 | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1094 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1094
To provide a temporary safe harbor for publishers of online content to
collectively negotiate with dominant online platforms regarding the
terms on which content may be distributed.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Klobuchar (for herself, Mr. Kennedy, Mr. Durbin, Mr. Daines, Mr.
Blumenthal, Mr. Cassidy, Mr. Whitehouse, Mr. Graham, Ms. Collins, Mr.
Manchin, Ms. Lummis, Mr. Booker, and Mr. Wicker) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide a temporary safe harbor for publishers of online content to
collectively negotiate with dominant online platforms regarding the
terms on which content may be distributed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Journalism Competition and
Preservation Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Access.--The term ``access'' means acquiring, crawling,
or indexing content.
(2) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12); and
(B) includes--
(i) section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent
that section applies to unfair methods of
competition; and
(ii) any State law (including regulations)
that prohibits or penalizes the conduct
described in, or is otherwise inconsistent
with, sections 3 or 4.
(3) Covered platform.--The term ``covered platform'' means
an online platform that at any point during the 12 months
preceding the formation of a joint negotiation entity under
section 3(a)(1)--
(A) has at least 50,000,000 United States-based
monthly active users or subscribers on the online
platform;
(B) is owned or controlled by a person with--
(i) United States net annual sales or a
market capitalization greater than
$550,000,000,000, adjusted for inflation on the
basis of the Consumer Price Index; or
(ii) not fewer than 1,000,000,000 worldwide
monthly active users on the online platform;
and
(C) is not an organization described in section
501(c)(3) of the Internal Revenue Code of 1986.
(4) Eligible broadcaster.--The term ``eligible
broadcaster'' means a person that--
(A) holds or operates under a license issued by the
Federal Communications Commission under title III of
the Communications Act of 1934 (47 U.S.C. 301 et seq.);
(B) engages professionals to create, edit, produce,
and distribute original content concerning local,
regional, national, or international matters of public
interest through activities including conducting
interviews, observing current events, analyzing
documents and other information, and fact checking
through multiple firsthand or secondhand news sources;
(C) updates its content on at least a weekly basis;
(D) uses an editorial process for error correction
and clarification, including a transparent process for
reporting errors or complaints to the station; and
(E) is not a television network.
(5) Eligible digital journalism provider.--The term
``eligible digital journalism provider'' means any eligible
publisher or eligible broadcaster that discloses its ownership
to the public.
(6) Eligible publisher.--The term ``eligible publisher''
means any person that publishes 1 or more qualifying
publications.
(7) Network station.--The term ``network station'' means a
television broadcast station, including any translator station
or terrestrial satellite station that rebroadcasts all or
substantially all of the programming broadcast by a network
station, that is owned or operated by, or affiliated with, 1 or
more television networks.
(8) Online platform.--The term ``online platform'' means a
website, online or mobile application, operating system,
digital assistant, or online service that accesses news
articles, works of journalism, or other content, or portions
thereof, generated, created, produced, or owned by eligible
digital journalism providers, and aggregates, displays,
provides, distributes, or directs users to such content.
(9) Person.--The term ``person'' includes an individual or
entity existing under or authorized by the laws of the United
States, the laws of any of territory of the United States, the
laws of any State, the laws of the District of Columbia, or the
laws of any foreign country.
(10) Pricing, terms, and conditions.--The term ``pricing,
terms, and conditions'' does not include any term or condition
which relates to the use, display, promotion, ranking,
distribution, curation, suppression, throttling, filtering, or
labeling of the content or viewpoint of any person.
(11) Qualifying publication.--The term ``qualifying
publication'' means any website, mobile application, or other
digital service that--
(A) does not primarily display, provide,
distribute, or offer content generated, created,
produced, or owned by an eligible broadcaster or
television network; and
(B)(i) provides information to an audience
primarily in the United States;
(ii) performs a public-information function
comparable to that traditionally served by newspapers
and other periodical news publications;
(iii) engages professionals to create, edit,
produce, and distribute original content concerning
local, regional, national, or international matters of
public interest through activities, including
conducting interviews, observing current events, or
analyzing documents and other information, and fact
checking through multiple firsthand or secondhand news
sources;
(iv) updates its content on at least a weekly
basis;
(v) has an editorial process for error correction
and clarification, including a transparent process for
reporting errors or complaints to the publication;
(vi)(I) generated at least $100,000 in annual
revenue from its editorial content in the previous
calendar year;
(II) has an International Standard Serial Number
assigned to an affiliated periodical before the date of
enactment of this Act; or
(III) is owned or controlled by an exempt
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986;
(vii) has not less than 25 percent of its editorial
content consisting of information about topics of
current local, national, or international public
interest;
(viii) employed not more than 1,500 exclusive full-
time employees during the 12-month period prior to the
date of enactment of this Act; and
(ix) is not controlled or wholly or partially owned
by an entity that is--
(I) a foreign power or an agent of a
foreign power, as those terms are defined in
section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801);
(II)(aa) designated as a foreign terrorist
organization pursuant to section 219(a) of the
Immigration and Nationality Act (8 U.S.C.
1189(a));
(bb) a terrorist organization, as defined
in section 212(a)(3)(B)(vi)(II) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)(II));
(cc) designated as a specially designated
global terrorist organization under Executive
Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions
with persons who commit, threaten to commit, or
support terrorism); or
(dd) an affiliate of an entity described in
item (aa), (bb), or (cc); or
(III) an entity that has been convicted of
violating, or attempting to violate, section
2331, 2332b, or 2339A of title 18, United
States Code.
(12) Television network.--The term ``television network''--
(A) means any person that, on February 8, 1996,
offered an interconnected program service on a regular
basis for 15 or more hours per week to at least 25
affiliated television licensees in 10 or more States;
and
(B) does not include any network station that is
owned or operated by, or affiliated with a person
described in subparagraph (A).
SEC. 3. FRAMEWORK FOR CERTAIN JOINT NEGOTIATIONS.
(a) Notice.--
(1) Process to form a joint negotiation entity.--
(A) In general.--An eligible digital journalism
provider shall provide public notice to announce the
opportunity for other eligible digital journalism
providers to join a joint negotiation entity for the
purpose of engaging in joint negotiations with a
covered platform under this section, regarding the
pricing, terms, and conditions by which the covered
platform may access the content of the eligible digital
journalism providers that are members of the joint
negotiation entity.
(B) Application.--During the 60-day period
beginning on the date public notice is made under
subparagraph (A), any eligible digital journalism
provider may apply to join the joint negotiation
entity.
(C) Formation.--A joint negotiation entity is
established upon the agreement of 2 or more eligible
digital journalism providers, and may create admission
criteria for membership unrelated to the size of an
eligible digital journalism provider or the views
expressed by its content, including criteria to limit
membership to only eligible publishers or only eligible
broadcasters.
(D) Governance.--By a majority vote of its members,
a joint negotiation entity formed under this section
shall establish rules and procedures to govern decision
making by the entity and each eligible digital
journalism provider shall be entitled to 1 vote on any
matter submitted to a vote of the members.
(E) Additional members.--After the expiration of
the 60-day period described in subparagraph (B), an
eligible digital journalism provider may apply to join
the joint negotiation entity, and may be admitted to
the joint negotiation entity upon a majority vote of
its members, if the applicant otherwise satisfies any
criteria for admission established by the joint
negotiation entity.
(F) Designation.--A joint negotiation entity may
designate agents on a nonexclusive basis--
(i) to engage in negotiations with a
covered platform conducted under this section;
and
(ii) to agree to pay or receive payments
under or related to an agreement negotiated
under this section or an arbitration decision
issued under section 4.
(G) Opt-out.--
(i) In general.--After becoming a member of
the joint negotiation entity, an eligible
digital journalism provider may opt out of the
joint negotiation entity at any time before
notice is sent to the covered platform under
paragraph (2).
(ii) Prohibition on rejoining.--If an
eligible digital journalism provider opts out
of a joint negotiation entity under clause (i),
the eligible digital journalism provider may
not--
(I) rejoin the joint negotiation
entity; or
(II) receive any payment under or
related to an agreement negotiated by
the joint negotiation entity under this
section or an arbitration decision
issued under section 4.
(H) Termination.--A joint negotiation entity will
terminate and cease to exist--
(i) when the entity no longer has at least
2 members;
(ii) upon a majority vote of its members;
or
(iii) upon the expiration or termination of
an agreement negotiated under this section or
an arbitration decision issued under section 4.
(2) Notice to a covered platform to initiate a joint
negotiation.--
(A) In general.--A joint negotiation under this
section shall commence after a covered platform
receives a notice, sent by or on behalf of a joint
negotiation entity.
(B) Contents of notice.--The notice described in
subparagraph (A) shall--
(i) state that the joint negotiation entity
is initiating a negotiation under this section
to reach an agreement regarding the pricing,
terms, and conditions by which the covered
platform may access the content of the eligible
digital journalism providers that are members
of the joint negotiation entity;
(ii) identify the eligible digital
journalism providers that are members of the
joint negotiation entity; and
(iii) provide the physical mail address
(street address or post office box), telephone
number, and email address of a representative
authorized to receive a response to the notice
on behalf of the joint negotiation entity.
(C) Reply.--Not later than 30 days after receiving
a notice described in subparagraph (A), the covered
platform shall send a reply notice to the authorized
representative identified by or on behalf of the joint
negotiation entity to acknowledge receipt of the
notice.
(D) Notice to federal enforcers.--Copies of any
notice described in subparagraph (A) shall be filed by
or on behalf of the eligible digital journalism
providers that are members of the joint negotiation
entity with the Federal Trade Commission and the
Assistant Attorney General in charge of the Antitrust
Division of the Department of Justice not later than 30
days after the notice is sent to the covered platform.
(b) Conduct of the Joint Negotiations.--After the date a reply
notice is sent under subsection (a)(2)(C), the following shall apply:
(1) Any negotiation conducted under this section shall be
conducted in good faith and solely to reach an agreement
regarding the pricing, terms, and conditions under which the
covered platform may access the content of the eligible digital
journalism providers.
(2) No pre-agreement discussions or agreement reached
regarding pricing, terms, and conditions under this section may
address whether or how the covered platform or any such
eligible digital journalism provider--
(A) displays, ranks, distributes, suppresses,
promotes, throttles, labels, filters, or curates the
content of the eligible digital journalism providers;
or
(B) displays, ranks, distributes, suppresses,
promotes, throttles, labels, filters, or curates the
content of any other person.
(3) A party is not conducting negotiations in good faith in
accordance with paragraph (1) if the party--
(A) refuses to negotiate, except where eligible
digital journalism providers decide to jointly deny a
covered platform access to content licensed or produced
by such eligible digital journalism providers under
subsection (c);
(B) refuses to designate a representative with
authority to make binding representations;
(C) refuses to meet and negotiate at reasonable
times and locations or otherwise causes unreasonable
delay;
(D) refuses to put forth more than a single,
unilateral proposal;
(E) fails to respond to a proposal of the other
party, including the reasons for rejection;
(F) enters into a separate third-party agreement
that unreasonably impedes the party from reaching an
agreement with the negotiating party; or
(G) refuses to execute a full and written agreement
that has been reached verbally.
(4) A covered platform is not conducting negotiations in
good faith in accordance with paragraph (1) if the covered
platform enters into a separate agreement with an eligible
digital journalism provider that impedes the eligible digital
journalism provider from participating in a negotiation under
this section.
(5) During any negotiation conducted under this section,
the joint negotiation entity and the covered platform shall
each make a reasonable offer regarding the pricing, terms, and
conditions by which the covered platform may access the content
of the eligible digital journalism providers that are members
of the joint negotiation entity, substantiated with
comprehensive data and methodologies, including expert
analysis, that reflects--
(A) the pricing, terms, and conditions comparable
to those found in commercial agreements between
similarly situated entities, including price, duration,
territory, value of data generated directly or
indirectly by the content;
(B) the fair market value to the covered platform
of having access to the content of the eligible digital
journalism providers that are members of the joint
negotiation entity and the resulting incremental
contribution to the revenue of the covered platform,
including direct and indirect advertising or
promotional revenues, which shall not be offset by any
value conferred upon the eligible digital journalism
providers that are members of the joint negotiation
entity by the covered platform for aggregating or
distributing their content; and
(C) the investment of the eligible digital
journalism providers that are members of the joint
negotiation entity in producing original news and
related content, including the number of journalists
employed by each.
(c) Joint Withholding of Content.--At any point after a notice is
sent to the covered platform to initiate joint negotiations under
subsection (a)(2), the eligible digital journalism providers that are
members of the joint negotiation entity may jointly deny the covered
platform access to content licensed or produced by such eligible
digital journalism providers.
SEC. 4. ARBITRATION FOR ELIGIBLE PUBLISHERS.
(a) Right to Final Offer Arbitration.--
(1) In general.--If the membership of a joint negotiation
entity consists only of eligible publishers, on or after the
date that is 180 days after the date negotiations under section
3 begin, the joint negotiation entity may initiate a final
offer arbitration against the covered platform for an
arbitration panel to determine the pricing, terms, and
conditions by which the content displayed, provided,
distributed, or offered by a qualifying publication of any
eligible publisher that is a member of the joint negotiation
entity will be accessed by the covered platform if the parties
are unable to reach an agreement and regardless of whether the
joint negotiation entity, its members, or the covered platform
complied with the requirements of section 3(b).
(2) Effect of additional members.--If an additional member
joins the joint negotiation entity under section 3(a)(1)(E)
more than 90 days after the date negotiations under section 3
begin, the joint negotiation entity may not initiate a final
offer arbitration under paragraph (1) until 180 days after the
date the last member joins the joint negotiation entity. No
additional members may join the joint negotiation entity after
the arbitration has commenced.
(b) Notice.--The joint negotiation entity shall provide notice of
its intention to initiate final offer arbitration under this section to
all of the members of the joint negotiation entity no less than 10 days
prior to initiating such final offer arbitration.
(c) Membership.--If a joint negotiation entity initiates final
offer arbitration under this section, any individual eligible publisher
that is a member of the joint negotiation entity shall remain a member
of the joint negotiation entity until the completion of the
arbitration, unless the eligible publisher provides written notice to
the joint negotiation entity of its intention to withdraw from the
joint negotiation entity within 7 days of receiving notice under
subsection (b).
(d) Proceedings.--
(1) Rules of arbitration.--The arbitration shall be decided
by a panel of 3 arbitrators under the American Arbitration
Association's Commercial Arbitration Rules and Mediation
Procedures and the American Arbitration Association-
International Centre for Dispute Resolution Final Offer
Arbitration Supplementary Rules, except to the extent they
conflict with this subsection.
(2) Initiation of arbitration.--A final offer arbitration
under subsection (a) shall be initiated as provided in Rule R-4
of the American Arbitration Association's Commercial
Arbitration Rules and Mediation Procedures, except that the
joint negotiation entity initiating the arbitration shall refer
to this Act in its demand for arbitration, rather than
submitting contractual arbitration provisions.
(3) Commencement and funding.--
(A) Commencement.--A final offer arbitration
proceeding shall commence 10 days after the date a
final offer arbitration is initiated under subsection
(a).
(B) Funding.--The cost of administering the
arbitration proceeding, including arbitrator
compensation, expenses, and administrative fees, shall
be shared equally between the covered platform and the
joint negotiation entity.
(4) Appointment of the arbitration panel.--The arbitrators
shall be appointed in accordance with the American Arbitration
Association's Commercial Arbitration Rules and Mediation
Procedures.
(5) Other requirements.--During a final offer arbitration
proceeding under this section--
(A) the joint negotiation entity and the covered
platform may demand the production of documents and
information that are nonprivileged, reasonably
necessary, and reasonably accessible without undue
expense;
(B) documents and information described in
subparagraph (A) shall be exchanged not later than 30
days after the date the demand is filed;
(C) rules regarding the admissibility of evidence
applicable in Federal court shall apply;
(D) the joint negotiation entity and covered
platform shall each submit a final offer proposal for
the pricing, terms, and conditions under which the
content displayed, provided, distributed, or offered by
a qualifying publication of any eligible publisher that
is a member of the joint negotiation entity will be
accessed by the covered platform, and which shall
include the remuneration that the eligible publishers
should receive from the covered platform for
programmatic access to the content of the eligible
publishers that are members of the joint negotiation
entity during the period under negotiation based on the
fair market value of such access, which shall include
backup materials sufficient to permit the other party
to replicate the proffered valuation;
(E) no discussion or final offer under this section
may address whether or how the covered platform or any
such eligible digital journalism provider--
(i) displays, ranks, distributes,
suppresses, promotes, throttles, labels,
filters, or curates the content of the eligible
digital journalism providers; or
(ii) displays, ranks distributes,
suppresses, promotes, throttles, labels,
filters or curates the content of any other
person; and
(F) if applicable, each eligible publisher that is
a member of the joint negotiation entity shall provide
information and data to guide the distribution of
remuneration among the members of the joint negotiation
entity, including--
(i) any compensation received by the
eligible publisher through commercial agreement
prior to commencement of negotiations under
section 3 for access to content by the covered
platform during any part of the period under
negotiation, which shall be deducted from its
allocation accordingly; and
(ii) spending by the eligible publisher on
news journalists, which are employed for an
average of not fewer than 20 hours per week
during the calendar quarter by the eligible
digital journalism provider and are responsible
for gathering, preparing, directing the
recording of, producing, collecting,
photographing, recording, writing, editing,
reporting, presenting, or publishing original
news or information that concerns local,
regional, national, or international matters of
public interest in the previous fiscal year, as
a proportion of its overall budget of the
eligible digital journalism provider for that
period, which shall be used to guide 65 percent
of the distribution of remuneration among the
members of the joint negotiation entity.
(e) Award.--
(1) In general.--Not later than 60 days after the date
proceedings commence under subsection (d)(3)(A), the
arbitration panel shall issue an award that selects a final
offer from 1 of the parties without modification.
(2) Requirements.--In issuing an award under paragraph (1),
the arbitration panel--
(A) may not consider any value conferred upon any
eligible publisher by the covered platform for
distributing or aggregating its content as an offset to
the value created by such eligible publisher;
(B) shall consider past incremental revenue
contributions as a guide to the future incremental
revenue contribution by any eligible publisher;
(C) shall consider the pricing, terms, and
conditions of any available, comparable commercial
agreements between parties granting access to digital
content, including pricing, terms, and conditions
relating to price, duration, territory, the value of
data generated directly or indirectly by the content
accounting for any material disparities in negotiating
power between the parties to such commercial
agreements; and
(D) shall issue a binding, reasoned award,
including the factual and economic bases of its award,
that applies for the number of years set forth in the
winning proposal, but not fewer than 5 years.
(f) Payments Pursuant to Award.--
(1) In general.--Not later than 90 days after the date an
award is issued under subsection (e), the covered platform
shall begin paying any eligible publisher that was a member of
the joint negotiation entity participating in the arbitration
according to the terms in the final offer selected by the
arbitration panel.
(2) Disbursement.--Payments made under paragraph (1) shall
be dispersed by a claims administrator to the individual
claimants that comprise the joint negotiation entity not later
than 60 days after the date the funds were received from the
covered platform.
(g) Enforcement and Judicial Review.--
(1) In general.--An award made under subsection (e) shall
be enforceable by the eligible publishers or the covered
platform subject to the award through a civil action brought
before a district court of the United States.
(2) Expedited judicial process.--In any civil action to
enforce or seek judicial review of an award made under
subsection (e), the court shall adopt a rebuttable presumption
that good cause exists to prioritize the action under section
1657 of title 28, United States Code.
SEC. 5. LIMITATION OF LIABILITY.
(a) In General.--In accordance with sections 3 and 4, it shall not
be in violation of the antitrust laws for any eligible digital
journalism providers that are members of a joint negotiation entity
to--
(1) jointly deny a covered platform access to content for
which the eligible digital journalism providers, individually
or jointly, have the right to negotiate or arbitrate access
with respect to the covered platform; or
(2) participate in joint negotiations and arbitration, as
members of the joint negotiation entity, with such covered
platform solely regarding the pricing, terms, and conditions
under which the covered platform may access the content for
which the eligible digital journalism providers, individually
or jointly, have the right to negotiate or arbitrate access
with respect to the covered platform.
(b) Safe Harbor.--
(1) Eligible digital journalism providers.--An eligible
digital journalism provider shall not be in violation of the
antitrust laws if the eligible digital journalism provider
participates, as a member of a joint negotiation entity, in
negotiations under section 3 or arbitration under section 4--
(A) with a person that is not an eligible digital
journalism provider, if the eligible digital journalism
provider reasonably believes that the person is another
eligible digital journalism provider; or
(B) with a person that is not a covered platform,
if the eligible digital journalism provider reasonably
believes that the person is a covered platform.
(2) Joint negotiation entities.--A joint negotiation entity
shall not be in violation of the antitrust laws if the joint
negotiation entity engages in negotiations under section 3 or
arbitration under section 4--
(A) with or on behalf of a person that is not an
eligible digital journalism provider, if the joint
negotiation entity reasonably believes that the person
is an eligible digital journalism provider; or
(B) with a person that is not a covered platform,
if the joint negotiation entity reasonably believes
that the person is a covered platform.
(c) Notification of Agreements and Arbitration Decisions.--
(1) Agreements.--The parties to any written agreement,
resulting from a negotiation under section 3 or implementing an
arbitration decision issued under section 4, shall file a copy
of such agreement with the Federal Trade Commission and the
Assistant Attorney General in charge of the Antitrust Division
of the Department of Justice not later than 60 days after such
agreement is executed.
(2) Arbitration decisions.--The parties to any arbitration
decision issued under section 4, shall file a copy of such
decision with the Federal Trade Commission and the Assistant
Attorney General in charge of the Antitrust Division of the
Department of Justice not later than 60 days after such
decision is issued.
(3) Public disclosure.--The Federal Trade Commission shall
make the documents submitted under this subsection available to
the public on the Federal Trade Commission's website.
(d) Limitation Regarding the Scope of Limitation of Liability.--No
antitrust immunity shall apply to any negotiations, discussions,
agreements, or arbitrations relating to the use, display, promotion,
ranking, distribution, curation, suppression, throttling, filtering, or
labeling of the content of the eligible digital journalism provider or
of any other person. The limitation of liability under this section
shall apply only to negotiations, discussions, agreements, or
arbitrations regarding the pricing, terms, and conditions under which
the covered platform may access the content of the eligible digital
journalism provider, not to any discussions or agreements that
differentiate content based on the viewpoint expressed by such content.
SEC. 6. NONDISCRIMINATION, RETALIATION, AND TRANSPARENCY.
(a) Nondiscrimination.--
(1) Joint negotiation entities.--A joint negotiation entity
may not discriminate against any eligible digital journalism
provider based on the size of the eligible digital journalism
provider or the views expressed by the eligible digital
journalism provider's content.
(2) Covered platforms.--No covered platform may
discriminate against any eligible digital journalism provider
that is a member of a joint negotiation entity in connection
with a negotiation conducted under section 3, or an arbitration
conducted under section 4, based on the size of the eligible
digital journalism provider or the views expressed by the
eligible digital journalism provider's content.
(b) Prohibition on Retaliation by Covered Platforms.--
(1) In general.--No covered platform may retaliate against
an eligible digital journalism provider for participating in a
negotiation conducted under section 3, or an arbitration
conducted under section 4, including by refusing to index
content or changing the ranking, identification, modification,
branding, or placement of the content of the eligible digital
journalism provider on the covered platform.
(2) Effect of contract provisions.--Any provision in an
agreement that restricts an eligible digital journalism
provider from receiving compensation through a negotiation
conducted under section 3 or an arbitration conducted under
section 4 shall be void.
(c) Investing in Journalism.--
(1) In general.--Without disclosing confidential
information regarding the pricing, terms, and conditions of an
agreement reached under section 3, an agreement implementing an
arbitration decision issued under section 4, or an arbitration
decision issued under section 4, or confidential financial
information, any eligible digital journalism provider that
receives funds under or related to such agreement or
arbitration decision shall provide to the Federal Trade
Commission, on an annual basis, information regarding the use
of any such funds during the prior year to support ongoing and
future operations to maintain or enhance the production and
distribution of news or information that concerns local,
regional, national, or international matters of public
interest, including--
(A) the amount of funds received under or related
to each such agreement or decision; and
(B) a good-faith estimate of the amount of funds
that went to news journalists employed for an average
of not fewer than 20 hours per week during the calendar
year by the eligible digital journalism provider.
(2) Public disclosure.--The Federal Trade Commission shall
make the disclosures submitted under paragraph (1) available to
the public on the Federal Trade Commission's website.
SEC. 7. PRIVATE RIGHTS OF ACTION.
(a) Negotiations.--
(1) In general.--Any eligible digital journalism provider,
either jointly with other eligible digital journalism providers
or through an authorized representative, or covered platform
that participated in negotiations under section 3 may bring a
civil action in an appropriate district court of the United
States alleging a violation of section 3(b).
(2) Damages.--A court shall award damages to a prevailing
plaintiff under this subsection--
(A) approximating the value of the last reasonable
offer of the plaintiff if the defendant did not conduct
negotiations in good faith in violation of section
3(b)(1);
(B) approximating the value of the last reasonable
offer of the plaintiff if the defendant--
(i) did not conduct negotiations in good
faith in violation of section 3(b)(1); and
(ii) had not yet extended a reasonable
offer; or
(C) approximating the value of the plaintiff's last
reasonable offer if the defendant did not make a
reasonable offer in violation of section 3(b)(5).
(3) Attorneys fees.--A court shall award attorney's fees to
the prevailing party under this subsection.
(b) Discrimination.--
(1) Joint negotiation entities.--
(A) In general.--An eligible digital journalism
provider that is denied membership in a joint
negotiation entity in violation of section 6(a)(1) may
bring a civil action in an appropriate district court
of the United States against the joint negotiation
entity and its members not later than 30 days after the
date membership is denied.
(B) Remedies.--
(i) Before agreement or arbitration
decision.--
(I) In general.--An eligible
digital journalism provider that
prevails in an action under
subparagraph (A) before the date an
agreement is executed under section 3
or an arbitration decision is issued
under section 4, as applicable,
regarding the pricing, terms, and
conditions by which the covered
platform may access the content of the
eligible digital journalism providers
that are members of the joint
negotiation entity, may join the joint
negotiation entity and participate in
the negotiation under section 3 or the
arbitration under section 4, as
applicable.
(II) Notice.--A notice, by or on
behalf of the joint negotiation entity,
shall be sent to the covered platform
to identify the eligible digital
journalism provider that joins the
negotiation or arbitration under
subclause (I).
(ii) After agreement or arbitration
decision.--
(I) In general.--An eligible
digital journalism provider that
prevails in an action under
subparagraph (A) after the date an
agreement is executed under section 3
or an arbitration decision is issued
under section 4, as applicable,
regarding the pricing, terms, and
conditions by which the covered
platform may access the content of the
eligible digital journalism providers
that are members of the joint
negotiation entity, may join the joint
negotiation entity and be eligible for
the same pricing, terms, and conditions
by which the covered platform may
access the content of the other
eligible digital journalism providers
that are members of the joint
negotiation entity.
(II) Notice.--A notice, by or on
behalf of the joint negotiation entity,
shall be sent to the covered platform
to identify the eligible digital
journalism provider that joins the
joint negotiation entity under
subclause (I) and that is eligible to
receive the same pricing, terms, and
conditions under the agreement
negotiated under section 3 or the
arbitration decision issued under
section 4, as applicable, by which the
covered platform may access the content
of the other eligible digital
journalism providers that are members
of the joint negotiation entity.
(2) Covered platforms.--
(A) In general.--An eligible digital journalism
provider that is discriminated against in violation of
section 6(a)(2) may bring a civil action in an
appropriate district court of the United States against
the covered platform.
(B) Remedies.--An eligible digital journalism
provider that prevails under subparagraph (A) shall be
entitled to--
(i) recover the actual damages sustained by
the eligible digital journalism provider as a
result of the discrimination;
(ii) injunctive relief on such terms as the
court may deem reasonable to prevent or
restrain the covered platform from
discriminating against the eligible digital
journalism provider; and
(iii) the costs of the suit, including
reasonable attorneys' fees.
(c) Retaliation.--
(1) In general.--An eligible digital journalism provider
that is retaliated against in violation of section 6(b)(1) may
bring a civil action in an appropriate district court of the
United States against the covered platform.
(2) Remedies.--An eligible digital journalism provider that
prevails in an action under paragraph (1) shall be entitled
to--
(A) recover the actual damages sustained by the
eligible digital journalism provider as a result of the
retaliation;
(B) injunctive relief on such terms as the court
may deem reasonable to prevent or restrain the covered
platform from retaliating against the eligible digital
journalism provider; and
(C) the costs of the suit, including reasonable
attorneys' fees.
SEC. 8. REPORT.
(a) Study.--The Comptroller General shall study the impact of the
joint negotiations authorized under this Act, including a summary of
the deals negotiated, the impact of such deals on local and regional
news, the effect on the free, open, and interoperable Internet
including the ability of the public to share and access information,
and the effect this Act has had on employment for journalists.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the study required under subsection (a).
SEC. 9. SUNSET.
(a) In General.--Except as provided in subsections (b) and (c),
this Act shall cease to have effect on the date that is 6 years after
the date of its enactment.
(b) Exception in Case of Initiated but Incomplete Joint Negotiation
or Arbitration.--With respect to eligible digital journalism providers
that have initiated but not concluded a negotiation under section 3 or
an arbitration under section 4 on or before the sunset date described
in subsection (a), this Act shall cease to be effective on the date
such negotiation or arbitration concludes or 180 days after the date
described in subsection (a), whichever occurs first.
(c) Limitation of Liability Exception.--Section 5 shall remain
effective without cessation for any--
(1) negotiation conducted or agreement executed under
section 3;
(2) arbitration conducted or arbitration decision issued
under section 4; or
(3) agreement implementing an arbitration decision issued
under section 4;
during the period of effectiveness of this Act.
SEC. 10. RULE OF CONSTRUCTION.
(a) Antitrust Laws.--Nothing in this Act may be construed to
modify, impair, or supersede the operation of the antitrust laws except
as otherwise expressly provided in this Act.
(b) Copyright and Trademark Law.--Nothing in this Act may be
construed to modify, impair, expand, or in any way alter rights
pertaining to title 17, United States Code, or the Lanham Act (15
U.S.C. 1051 et seq.)
SEC. 11. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the remaining provisions
of this Act to any person or circumstance shall not be affected.
<all>
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118S1095 | Reserve Component Parental Leave Parity Act of 2023 | [
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"M001153",
"Sen. Murkowski, Lisa [R-AK]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1095
To authorize members of reserve components of the Armed Forces to take
parental leave for the adoption or placement for long-term foster care
of a child.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Hassan (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To authorize members of reserve components of the Armed Forces to take
parental leave for the adoption or placement for long-term foster care
of a child.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reserve Component Parental Leave
Parity Act of 2023''.
SEC. 2. PARENTAL LEAVE PARITY FOR MEMBERS OF RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) Compensation.--Section 206 of title 37, United States Code, is
amended--
(1) in subsection (a), by amending paragraph (4) to read as
follows:
``(4) for each of six days for each period during which the
member is on parental leave during--
``(A) the one-year period beginning after--
``(i) the birth or adoption of a child of
the member; or
``(ii) the placement of a minor child with
the member for adoption or long-term foster
care; or
``(B) such other period as is provided for under
subsection (g).''; and
(2) by adding at the end the following new subsection:
``(g)(1) The Secretary concerned, under uniform regulations to be
prescribed by the Secretary of Defense, may authorize leave described
in subsection (a)(4) to be taken after the one-year period described in
subparagraph (A) of that subsection in the case of a member described
in subsection (a) who, except for this subsection, would lose unused
parental leave at the end of that one-year period as a result of--
``(A) operational requirements;
``(B) professional military education obligations; or
``(C) other circumstances that the Secretary determines
reasonable and appropriate.
``(2) The regulations prescribed under paragraph (1) shall require
that any leave authorized to be taken after the one-year period
described in subsection (a)(4)(A) shall be taken within a reasonable
period of time, as determined by the Secretary of Defense, after
cessation of the circumstances warranting the extended deadline.''.
(b) Contribution of Leave Toward Entitlement to Retired Pay.--
Section 12732(a)(2)(G) of title 10, United States Code, is amended by
striking ``maternity leave.'' and inserting the following: ``parental
leave following--
``(i) the birth or adoption of a child of
the member; or
``(ii) the placement of a minor child with
the member for adoption or long-term foster
care.''.
(c) Credit for Retired Pay Purposes.--Section 602(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 12732 note) is amended--
(1) in paragraph (1), by striking ``maternity leave'' and
all that follows through ``birth of a child'' and inserting
``parental leave described in section 12732(a)(2)(G) of title
10, United States Code, taken by a member of the reserve
components of the Armed Forces'';
(2) in paragraph (2), by striking ``maternity leave'' and
all that follows through ``childbirth event'' and inserting
``parental leave taken by the member''; and
(3) in paragraph (3), by striking ``maternity leave'' each
place it appears and inserting ``parental leave''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act and
apply with respect to periods of parental leave that commence on or
after that date.
<all>
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118S1096 | Department of Veterans Affairs Office of Inspector General Training Act of 2023 | [
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"B001236",
"Sen. Boozman, John [R-AR]",
"cosponsor"
]
] | <p><strong>Department of Veterans Affairs Office of Inspector General Training Act of 2023</strong></p> <p>This bill requires new employees of the Department of Veterans Affairs (VA) to undergo training developed by the Inspector General of the VA regarding the reporting of wrongdoing to, responding to requests from, and cooperating with the Office of the Inspector General.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1096 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1096
To require the Secretary of Veterans Affairs to require the employees
of the Department of Veterans Affairs to receive training developed by
the Inspector General of the Department on reporting wrongdoing to,
responding to requests from, and cooperating with the Office of
Inspector General of the Department, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Hassan (for herself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to require the employees
of the Department of Veterans Affairs to receive training developed by
the Inspector General of the Department on reporting wrongdoing to,
responding to requests from, and cooperating with the Office of
Inspector General of the Department, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Office of Inspector General Training Act of 2023''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE TRAINING REGARDING
OFFICE OF INSPECTOR GENERAL.
(a) Training.--The Secretary of Veterans Affairs shall require each
employee of the Department of Veterans Affairs who begins employment
with the Department on or after the date of the enactment of this Act
to receive training that the Inspector General of the Department shall
develop on the reporting of wrongdoing to, responding to requests from,
and cooperating with the Office of Inspector General of the Department.
(b) Timing of Training.--In carrying out subsection (a), the
Secretary shall require each employee of the Department covered under
such subsection to undergo the training required by such subsection not
later than one year after the date on which the employee begins
employment with the Department.
(c) Elements.--Training developed and required under subsection (a)
shall include the following:
(1) Definition of the role, responsibilities, and legal
authority of the Inspector General of the Department and the
duties of employees of the Department for engaging with the
Office of Inspector General.
(2) Identification of the circumstances and mechanisms for
reporting fraud, waste, abuse, and other wrongdoing to the
Inspector General, including making confidential complaints to
the Inspector General.
(3) Identification of the prohibitions and remedies that
help to protect employees of the Department from retaliation
when reporting wrongdoing to the Inspector General.
(4) Recognition of opportunities to engage with staff of
the Office of Inspector General to improve programs,
operations, and services of the Department.
(d) Design and Update.--The Inspector General of the Department
shall design, and update as the Inspector General considers
appropriate, the training developed and required by subsection (a).
(e) System.--The Secretary shall provide, via the talent management
system of the Department, or successor system, the training developed
and required under subsection (a).
(f) Relation to Certain Training.--The Secretary shall ensure that
training developed and required under subsection (a) is separate and
distinct from training provided under section 733 of title 38, United
States Code.
(g) Notice to Employees.--The Secretary shall ensure that the
Inspector General is afforded the opportunity, not less frequently than
twice each year and more frequently if the Inspector General considers
appropriate under extraordinary circumstances, to use the electronic
mail system of the Department to notify all authorized users of such
system of the following:
(1) The roles and responsibilities of the employees of the
Department when engaging with the Office of Inspector General.
(2) The availability of training provided under subsection
(a).
(3) How to access training provided under subsection (a).
(4) Information about how to contact the Office of
Inspector General, including a link to any website-based
reporting form of the Office.
<all>
</pre></body></html>
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118S1097 | César E. Chávez and the Farmworker Movement National Historical Park Act | [
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"sponsor"
],
[
"F000062",
"Sen. Feinstein, Dianne [D-CA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1097 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1097
To establish the Cesar E. Chavez and the Farmworker Movement National
Historical Park in the States of California and Arizona, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Padilla (for himself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Cesar E. Chavez and the Farmworker Movement National
Historical Park in the States of California and Arizona, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cesar E. Chavez and the Farmworker
Movement National Historical Park Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) on October 8, 2012, the Cesar E. Chavez National
Monument was established by Presidential Proclamation 8884 (54
U.S.C. 320301 note) for the purposes of protecting and
interpreting the nationally significant resources associated
with the property in Keene, California, known as ``Nuestra
Senora Reina de la Paz'';
(2) Nuestra Senora Reina de la Paz--
(A) served as the national headquarters of the
United Farm Workers; and
(B) was the home and workplace of Cesar E. Chavez,
the family of Cesar E. Chavez, union members, and
supporters of Cesar E. Chavez;
(3) while the Cesar E. Chavez National Monument marks the
extraordinary achievements and contributions to the history of
the United States by Cesar Chavez and the farmworker movement,
there are other significant sites in the States of California
and Arizona that are important to the story of the farmworker
movement; and
(4) in the study conducted by the National Park Service
entitled ``Cesar Chavez Special Resource Study and
Environmental Assessment'' and submitted to Congress on October
24, 2013, the National Park Service--
(A)(i) found that several sites associated with
Cesar E. Chavez and the farmworker movement--
(I) are suitable for inclusion in the
National Park System; and
(II) depict a distinct and important aspect
of the history of the United States not
otherwise adequately represented at existing
units of the National Park System; and
(ii) recommended that Congress establish a national
historical park to honor the role that Cesar E. Chavez
played in lifting up the lives of farmworkers; and
(B)(i) found that the route of the 1966 march from
Delano to Sacramento, California, meets National
Historic Landmark criteria;
(ii) recommended that the potential for designation
of the route as a national historic trail be further
explored; and
(iii) indicated that the National Park Service
could work with partner organizations and agencies to
provide for interpretation programs along the route of
the 1966 march from Delano to Sacramento, California.
(b) Purpose.--The purpose of this Act is to establish the Cesar E.
Chavez and the Farmworker Movement National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources associated with Cesar Chavez and the
farmworker movement;
(2) to interpret and provide for a broader understanding of
the extraordinary achievements and contributions to the history
of the United States made by Cesar Chavez and the farmworker
movement; and
(3) to support and enhance the network of sites and
resources associated with Cesar Chavez and the farmworker
movement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the Cesar E. Chavez and the Farmworker Movement National
Historical Park established by section 4.
(2) Map.--The term ``map'' means the map entitled ``Cesar
E. Chavez and the Farmworker Movement National Historical Park
Proposed Boundary'', numbered 502/179857B, and dated September
2022.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) States.--The term ``States'' means--
(A) the State of California; and
(B) the State of Arizona.
(5) Study.--The term ``Study'' means the study conducted by
the National Park Service entitled ``Cesar Chavez Special
Resource Study and Environmental Assessment'' and submitted to
Congress on October 24, 2013.
SEC. 4. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT NATIONAL HISTORICAL
PARK.
(a) Redesignation of Cesar E. Chavez National Monument.--
(1) In general.--The Cesar E. Chavez National Monument
established on October 8, 2012, by Presidential Proclamation
8884 (54 U.S.C. 320301 note) is redesignated as the ``Cesar E.
Chavez and the Farmworker Movement National Historical Park''.
(2) Availability of funds.--Any funds available for the
purposes of the monument referred to in paragraph (1) shall be
available for the purposes of the historical park.
(3) References.--Any reference in a law, regulation,
document, record, map, or other paper of the United States to
the monument referred to in paragraph (1) shall be considered
to be a reference to the ``Cesar E. Chavez and the Farmworker
Movement National Historical Park''.
(b) Boundary.--
(1) In general.--The boundary of the historical park shall
include the area identified as ``Cesar E. Chavez National
Monument'' in Keene, California, as generally depicted on the
map.
(2) Inclusion of additional sites.--Subject to paragraph
(3), the Secretary may include within the boundary of the
historical park the following sites, as generally depicted on
the map:
(A) The Forty Acres in Delano, California.
(B) Santa Rita Center in Phoenix, Arizona.
(C) McDonnell Hall in San Jose, California.
(3) Conditions for inclusion.--A site described in
paragraph (2) shall not be included in the boundary of the
historical park until--
(A) the date on which the Secretary acquires the
land or an interest in the land at the site; or
(B) the date on which the Secretary enters into a
written agreement with the owner of the site providing
that the site shall be managed in accordance with this
Act.
(4) Notice.--Not later than 30 days after the date on which
the Secretary includes a site described in paragraph (2) in the
historical park, the Secretary shall publish in the Federal
Register notice of the addition to the historical park.
(c) Availability of Map.--The map shall be available for public
inspection in the appropriate offices of the National Park Service.
(d) Land Acquisition.--The Secretary may acquire land and interests
in land within the area generally depicted on the map as ``Proposed NPS
Boundary'' by donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
(e) Administration.--
(1) In general.--The Secretary shall administer the
historical park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Interpretation.--The Secretary may provide technical
assistance and public interpretation of historic sites,
museums, and resources on land not administered by the
Secretary relating to the life of Cesar E. Chavez and the
history of the farmworker movement.
(3) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the States, local governments,
public and private organizations, and individuals to provide
for the preservation, development, interpretation, and use of
the historical park.
(f) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary shall prepare a general management plan for the
historical park in accordance with section 100502 of title 54,
United States Code.
(2) Additional sites.--
(A) In general.--The general management plan
prepared under paragraph (1) shall include a
determination of whether there are--
(i) sites located in the Coachella Valley
in the State of California that were reviewed
in the Study that should be added to the
historical park;
(ii) additional representative sites in the
States that were reviewed in the Study that
should be added to the historical park; or
(iii) sites outside of the States in the
United States that relate to the farmworker
movement that should be linked to, and
interpreted at, the historical park.
(B) Recommendation.--On completion of the
preparation of the general management plan under
paragraph (1), the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives any recommendations for additional
sites to be included in the historical park.
(3) Consultation.--The general management plan under
paragraph (1) shall be prepared in consultation with--
(A) any owner of land that is included within the
boundaries of the historical park; and
(B) appropriate Federal, State, and Tribal
agencies, public and private organizations, and
individuals, including--
(i) the National Chavez Center; and
(ii) the Cesar Chavez Foundation.
SEC. 5. FARMWORKER PEREGRINACION NATIONAL HISTORICAL TRAIL STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following:
``(50) Farmworker peregrinacion national historic trail.--
The Farmworker Peregrinacion National Historic Trail, a route
of approximately 300 miles taken by farmworkers between Delano
and Sacramento, California, in 1966, as generally depicted as
`Alternative C' in the study conducted by the National Park
Service entitled `Cesar Chavez Special Resource Study and
Environmental Assessment' and submitted to Congress on October
24, 2013.''.
<all>
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118S1098 | Global Health, Empowerment and Rights Act | [
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"C001113... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1098 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1098
To prohibit the application of certain restrictive eligibility
requirements to foreign nongovernmental organizations with respect to
the provision of assistance under part I of the Foreign Assistance Act
of 1961.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mrs. Shaheen (for herself, Ms. Murkowski, Mr. Padilla, Mr.
Hickenlooper, Ms. Cortez Masto, Ms. Cantwell, Mr. King, Mr. Blumenthal,
Ms. Klobuchar, Mr. Merkley, Mr. Murphy, Ms. Rosen, Ms. Sinema, Ms.
Warren, Ms. Duckworth, Mr. Sanders, Ms. Hassan, Mr. Cardin, Mr. Casey,
Mr. Kaine, Ms. Hirono, Mr. Brown, Mr. Schatz, Mrs. Feinstein, Mrs.
Gillibrand, Mr. Durbin, Mr. Booker, Mr. Bennet, Mr. Welch, Mr. Van
Hollen, Mr. Coons, Mr. Peters, Mr. Markey, Ms. Stabenow, Mr. Kelly, Mr.
Wyden, Ms. Baldwin, Mr. Whitehouse, Ms. Smith, Mr. Reed, Mr. Ossoff,
Mr. Fetterman, Mrs. Murray, Mr. Warner, Mr. Heinrich, Mr. Warnock, Mr.
Carper, Mr. Menendez, Mr. Lujan, Mr. Tester, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit the application of certain restrictive eligibility
requirements to foreign nongovernmental organizations with respect to
the provision of assistance under part I of the Foreign Assistance Act
of 1961.
Be it enacted by the Senate 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 Health, Empowerment and
Rights Act''.
SEC. 2. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS UNDER PART
I OF THE FOREIGN ASSISTANCE ACT OF 1961.
Notwithstanding any other provision of law, regulation, or policy,
in determining eligibility for assistance authorized under part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), foreign
nongovernmental organizations--
(1) shall not be ineligible for such assistance solely on
the basis of health or medical services, including counseling
and referral services, provided by such organizations with non-
United States Government funds if such services do not violate
the laws of the country in which they are being provided and
would not violate United States Federal law if provided in the
United States; and
(2) shall not be subject to requirements relating to the
use of non-United States Government funds for advocacy and
lobbying activities other than those that apply to United
States nongovernmental organizations receiving assistance under
part I of such Act.
<all>
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118S1099 | Vehicle Innovation Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1099 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1099
To support research, development, and other activities to develop
innovative vehicle technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Peters (for himself, Mr. Hagerty, and Ms. Stabenow) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To support research, development, and other activities to develop
innovative vehicle technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicle Innovation Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. OBJECTIVES.
The objectives of this Act are--
(1) to establish a consistent and consolidated authority
for the vehicle technology program at the Department;
(2) to develop United States technologies and practices
that improve the fuel efficiency and emissions of all vehicles
produced in the United States;
(3) to support domestic research, development, engineering,
demonstration, and commercial application and manufacturing of
advanced vehicles, engines, and components;
(4) to enable vehicles to move larger volumes of goods and
more passengers with less energy and emissions;
(5) to develop cost-effective advanced technologies for
wide-scale utilization throughout the passenger, commercial,
government, and transit vehicle sectors;
(6) to allow for greater consumer choice of vehicle
technologies and fuels;
(7) shorten technology development and integration cycles
in the vehicle industry;
(8) to ensure a proper balance and diversity of Federal
investment in vehicle technologies; and
(9) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 4. COORDINATION AND NONDUPLICATION.
The Secretary shall ensure, to the maximum extent practicable, that
the activities authorized by this Act do not duplicate those of other
programs within the Department or other relevant research agencies.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for
research, development, engineering, demonstration, and commercial
application of vehicles and related technologies in the United States,
including activities authorized under this Act--
(1) for fiscal year 2024, $313,567,000;
(2) for fiscal year 2025, $326,109,000;
(3) for fiscal year 2026, $339,154,000;
(4) for fiscal year 2027, $352,720,000; and
(5) for fiscal year 2028, $366,829,000.
SEC. 6. REPORTING.
(a) Technologies Developed.--Not later than 18 months after the
date of enactment of this Act and annually thereafter through 2028, the
Secretary shall submit to Congress a report regarding the technologies
developed as a result of the activities authorized by this Act, with a
particular emphasis on whether the technologies were successfully
adopted for commercial applications, and if so, whether products
relying on those technologies are manufactured in the United States.
(b) Additional Matters.--At the end of each fiscal year through
2028, the Secretary shall submit to the relevant Congressional
committees of jurisdiction an annual report describing activities
undertaken in the previous year under this Act, active industry
participants, the status of public-private partnerships, progress of
the program in meeting goals and timelines, and a strategic plan for
funding of activities across agencies.
SEC. 7. VEHICLE RESEARCH AND DEVELOPMENT.
(a) Program.--
(1) Activities.--The Secretary shall conduct a program of
basic and applied research, development, engineering,
demonstration, and commercial application activities on
materials, technologies, and processes with the potential to
substantially reduce petroleum use and the emissions of the
passenger and commercial vehicles of the United States,
including activities in the areas of--
(A) electrification of vehicle systems;
(B) batteries, ultracapacitors, and other energy
storage devices;
(C) power electronics;
(D) vehicle, component, and subsystem manufacturing
technologies and processes;
(E) engine efficiency and combustion optimization;
(F) waste heat recovery;
(G) transmission and drivetrains;
(H) hydrogen vehicle technologies, including fuel
cells and internal combustion engines, and hydrogen
infrastructure, including hydrogen energy storage to
enable renewables and provide hydrogen for fuel and
power;
(I) natural gas vehicle technologies;
(J) aerodynamics, rolling resistance (including
tires and wheel assemblies), and accessory power loads
of vehicles and associated equipment;
(K) vehicle weight reduction, including
lightweighting materials and the development of
manufacturing processes to fabricate, assemble, and use
dissimilar materials;
(L) friction and wear reduction;
(M) engine and component durability;
(N) innovative propulsion systems;
(O) advanced boosting systems;
(P) hydraulic hybrid technologies;
(Q) engine compatibility with and optimization for
a variety of transportation fuels including natural gas
and other liquid and gaseous fuels;
(R) predictive engineering, modeling, and
simulation of vehicle and transportation systems;
(S) refueling and charging infrastructure for
alternative fueled and electric or plug-in electric
hybrid vehicles, including the unique challenges facing
rural areas;
(T) gaseous fuels storage systems and system
integration and optimization;
(U) sensing, communications, and actuation
technologies for vehicle, electrical grid, and
infrastructure;
(V) efficient use, substitution, and recycling of
potentially critical materials in vehicles, including
rare earth elements and precious metals, at risk of
supply disruption;
(W) aftertreatment technologies;
(X) thermal management of battery systems;
(Y) retrofitting advanced vehicle technologies to
existing vehicles;
(Z) development of common standards,
specifications, and architectures for both
transportation and stationary battery applications;
(AA) advanced internal combustion engines;
(BB) mild hybrid;
(CC) engine down speeding;
(DD) vehicle-to-vehicle, vehicle-to-pedestrian, and
vehicle-to-infrastructure technologies; and
(EE) other research areas as determined by the
Secretary.
(2) Transformational technology.--The Secretary shall
ensure that the Department continues to support research,
development, engineering, demonstration, and commercial
application activities and maintains competency in mid- to
long-term transformational vehicle technologies with potential
to achieve reductions in emissions, including activities in the
areas of--
(A) hydrogen vehicle technologies, including fuel
cells, hydrogen storage, infrastructure, and activities
in hydrogen technology validation and safety codes and
standards;
(B) multiple battery chemistries and novel energy
storage devices, including nonchemical batteries and
electromechanical storage technologies such as
hydraulics, flywheels, and compressed air storage;
(C) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(D) other innovative technologies research and
development, as determined by the Secretary.
(3) Industry participation.--
(A) In general.--To the maximum extent practicable,
activities under this Act shall be carried out in
partnership or collaboration with automotive
manufacturers, heavy commercial, vocational, and
transit vehicle manufacturers, qualified plug-in
electric vehicle manufacturers, compressed natural gas
vehicle manufacturers, vehicle and engine equipment and
component manufacturers, manufacturing equipment
manufacturers, advanced vehicle service providers, fuel
producers and energy suppliers, electric utilities,
universities, national laboratories, and independent
research laboratories.
(B) Requirements.--In carrying out this Act, the
Secretary shall--
(i) determine whether a wide range of
companies that manufacture or assemble vehicles
or components in the United States are
represented in ongoing public-private
partnership activities, including firms that
have not traditionally participated in
federally sponsored research and development
activities, and where possible, partner with
such firms that conduct significant and
relevant research and development activities in
the United States;
(ii) leverage the capabilities and
resources of, and formalize partnerships with,
industry-led stakeholder organizations,
nonprofit organizations, industry consortia,
and trade associations with expertise in the
research and development of, and education and
outreach activities in, advanced automotive and
commercial vehicle technologies;
(iii) develop more effective processes for
transferring research findings and technologies
to industry;
(iv) support public-private partnerships,
dedicated to overcoming barriers in commercial
application of transformational vehicle
technologies, that use such industry-led
technology development facilities of entities
with demonstrated expertise in successfully
designing and engineering pre-commercial
generations of such transformational
technology; and
(v) promote efforts to ensure that
technology research, development, engineering,
and commercial application activities funded
under this Act are carried out in the United
States.
(4) Interagency and intraagency coordination.--To the
maximum extent practicable, the Secretary shall coordinate
research, development, demonstration, and commercial
application activities among--
(A) relevant programs within the Department,
including--
(i) the Office of Energy Efficiency and
Renewable Energy;
(ii) the Office of Science;
(iii) the Office of Electricity Delivery
and Energy Reliability;
(iv) the Office of Fossil Energy;
(v) the Advanced Research Projects Agency--
Energy; and
(vi) other offices as determined by the
Secretary; and
(B) relevant technology research and development
programs within other Federal agencies, as determined
by the Secretary.
(5) Federal demonstration of technologies.--The Secretary
shall make information available to procurement programs of
Federal agencies regarding the potential to demonstrate
technologies resulting from activities funded through programs
under this Act.
(6) Intergovernmental coordination.--The Secretary shall
seek opportunities to leverage resources and support
initiatives of State and local governments in developing and
promoting advanced vehicle technologies, manufacturing, and
infrastructure.
(7) Criteria.--In awarding grants under the program under
this subsection, the Secretary shall give priority to those
technologies (either individually or as part of a system)
that--
(A) provide the greatest aggregate fuel savings
based on the reasonable projected sales volumes of the
technology; and
(B) provide the greatest increase in United States
employment.
(8) Secondary use applications.--
(A) In general.--The Secretary shall carry out a
research, development, and demonstration program that--
(i) builds on any work carried out under
section 915 of the Energy Policy Act of 2005
(42 U.S.C. 16195);
(ii) identifies possible uses of a vehicle
battery after the useful life of the battery in
a vehicle has been exhausted;
(iii) conducts long-term testing to verify
performance and degradation predictions and
lifetime valuations for secondary uses;
(iv) evaluates innovative approaches to
recycling materials from plug-in electric drive
vehicles and the batteries used in plug-in
electric drive vehicles;
(v)(I) assesses the potential for markets
for uses described in clause (ii) to develop;
and
(II) identifies any barriers to the
development of those markets; and
(vi) identifies the potential uses of a
vehicle battery--
(I) with the most promise for
market development; and
(II) for which market development
would be aided by a demonstration
project.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress an initial
report on the findings of the program described in
subparagraph (A), including recommendations for
stationary energy storage and other potential
applications for batteries used in plug-in electric
drive vehicles.
(C) Secondary use demonstration.--
(i) In general.--Based on the results of
the program described in subparagraph (A), the
Secretary shall develop guidelines for projects
that demonstrate the secondary uses and
innovative recycling of vehicle batteries.
(ii) Publication of guidelines.--Not later
than 18 months after the date of enactment of
this Act, the Secretary shall--
(I) publish the guidelines
described in clause (i); and
(II) solicit applications for
funding for demonstration projects.
(iii) Pilot demonstration program.--Not
later than 21 months after the date of
enactment of this Act, the Secretary shall
select proposals for grant funding under this
subsection, based on an assessment of which
proposals are mostly likely to contribute to
the development of a secondary market for
batteries.
(b) Manufacturing.--The Secretary shall carry out a research,
development, engineering, demonstration, and commercial application
program of advanced vehicle manufacturing technologies and practices,
including innovative processes--
(1) to increase the production rate and decrease the cost
of advanced battery and fuel cell manufacturing;
(2) to vary the capability of individual manufacturing
facilities to accommodate different battery chemistries and
configurations;
(3) to reduce waste streams, emissions, and energy
intensity of vehicle, engine, advanced battery, and component
manufacturing processes;
(4) to recycle and remanufacture used batteries and other
vehicle components for reuse in vehicles or stationary
applications;
(5) to develop manufacturing processes to effectively
fabricate, assemble, and produce cost-effective lightweight
materials such as advanced aluminum and other metal alloys,
polymeric composites, and carbon fiber for use in vehicles;
(6) to produce lightweight high pressure storage systems
for gaseous fuels;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles and components;
(8) to improve the calendar life and cycle life of advanced
batteries; and
(9) to produce permanent magnets for advanced vehicles.
SEC. 8. MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT VEHICLES PROGRAM.
The Secretary, in partnership with relevant research and
development programs in other Federal agencies, and a range of
appropriate industry stakeholders, shall carry out a program of
cooperative research, development, demonstration, and commercial
application activities on advanced technologies for medium- to heavy-
duty commercial, vocational, recreational, and transit vehicles,
including activities in the areas of--
(1) engine efficiency and combustion research;
(2) onboard storage technologies for compressed and
liquefied natural gas;
(3) development and integration of engine technologies
designed for natural gas operation of a variety of vehicle
platforms;
(4) waste heat recovery and conversion;
(5) improved aerodynamics and tire rolling resistance;
(6) energy and space-efficient emissions control systems;
(7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in
hybrid, and electric platforms, and energy storage
technologies;
(8) drivetrain optimization;
(9) friction and wear reduction;
(10) engine idle and parasitic energy loss reduction;
(11) electrification of accessory loads;
(12) onboard sensing and communications technologies;
(13) advanced lightweighting materials and vehicle designs;
(14) increasing load capacity per vehicle;
(15) thermal management of battery systems;
(16) recharging infrastructure;
(17) compressed natural gas infrastructure;
(18) advanced internal combustion engines;
(19) complete vehicle and power pack modeling, simulation,
and testing;
(20) hydrogen vehicle technologies, including fuel cells
and internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(21) retrofitting advanced technologies onto existing truck
fleets;
(22) advanced boosting systems;
(23) engine down speeding; and
(24) integration of these and other advanced systems onto a
single truck and trailer platform.
SEC. 9. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION.
(a) In General.--The Secretary shall conduct a competitive grant
program to demonstrate the integration of multiple advanced
technologies on Class 8 truck and trailer platforms, including a
combination of technologies listed in section 8.
(b) Applicant Teams.--Applicant teams may be comprised of truck and
trailer manufacturers, engine and component manufacturers, fleet
customers, university researchers, and other applicants as appropriate
for the development and demonstration of integrated Class 8 truck and
trailer systems.
SEC. 10. TECHNOLOGY TESTING AND METRICS.
The Secretary, in coordination with the partners of the interagency
research program described in section 8--
(1) shall develop standard testing procedures and
technologies for evaluating the performance of advanced heavy
vehicle technologies under a range of representative duty
cycles and operating conditions, including for heavy hybrid
propulsion systems;
(2) shall evaluate heavy vehicle performance using work
performance-based metrics other than those based on miles per
gallon, including those based on units of volume and weight
transported for freight applications, and appropriate metrics
based on the work performed by nonroad systems; and
(3) may construct heavy duty truck and bus testing
facilities.
SEC. 11. NONROAD SYSTEMS PILOT PROGRAM.
The Secretary shall undertake a pilot program of research,
development, demonstration, and commercial applications of technologies
to improve total machine or system efficiency for nonroad mobile
equipment including agricultural, construction, air, and sea port
equipment, and shall seek opportunities to transfer relevant research
findings and technologies between the nonroad and on-highway equipment
and vehicle sectors.
SEC. 12. REPEAL OF EXISTING AUTHORITIES.
(a) In General.--Sections 706, 711, 712, and 933 of the Energy
Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062, 16233) are repealed.
(b) Energy Efficiency.--Section 911 of the Energy Policy Act of
2005 (42 U.S.C. 16191) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vehicles,
buildings,'' and inserting ``buildings''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B)
through (E) as subparagraphs (A) through (D),
respectively; and
(2) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph
(3); and
(C) in paragraph (3) (as so redesignated), by
striking ``(a)(2)(D)'' and inserting ``(a)(2)(C)''.
<all>
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118S11 | SAFER Act of 2023 | [
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] | <p><b>Secure Auction For Energy Reserves Act of 2023 or the SAFER Act of 2023</b></p> <p>This bill limits the sale and exportation of petroleum products (e.g., crude oil) from the Strategic Petroleum Reserve (SPR). Specifically, the bill directs the Department of Energy (DOE) to require, as a condition of auction sales, that the petroleum products not be exported to countries that are designated as countries of particular concern for religious freedom under the International Religious Freedom Act of 1998. <p>In addition, the bill establishes limits on auction sales of petroleum products from the SPR to state-owned entities if DOE determines that, as of the dates of the auctions, there are bans on, or the imposition of sanctions by the United States with respect to, the purchase of crude oil from countries. Under such circumstances, state-owned entities must certify that they have not purchased petroleum products from countries subject to such bans or sanctions later than 15 days after the date on which the ban or sanctions went into effect in order to be able to bid in auctions. If DOE determines state-owned entities participating in the auctions have purchased crude oil from such countries after that time period, then DOE may not sell petroleum products from the SPR to such entities.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 11 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 11
To amend the Energy Policy and Conservation Act to require the
Secretary of Energy to stipulate, as a condition on the sale at auction
of any petroleum products from the Strategic Petroleum Reserve, that
the petroleum products not be exported to certain countries, to
prohibit such sales to certain state-owned entities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Barrasso (for himself and Ms. Collins) 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 require the
Secretary of Energy to stipulate, as a condition on the sale at auction
of any petroleum products from the Strategic Petroleum Reserve, that
the petroleum products not be exported to certain countries, to
prohibit such sales to certain state-owned 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 ``Secure Auction For Energy Reserves
Act of 2023'' or the ``SAFER Act of 2023''.
SEC. 2. PROHIBITION ON EXPORT OF STRATEGIC PETROLEUM RESERVE PETROLEUM
PRODUCTS TO CERTAIN COUNTRIES AND SALES TO CERTAIN STATE-
OWNED ENTITIES.
Section 161(i) of the Energy Policy and Conservation Act (42 U.S.C.
6241(i)) is amended--
(1) by striking ``(i) Notwithstanding any other law'' and
inserting the following:
``(i) Refine or Exchange Outside the United States.--
``(1) In general.--Notwithstanding any other provision of
law and subject to paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(2) Prohibition on export of strategic petroleum reserve
petroleum products to certain countries.--Notwithstanding any
other provision of law, with respect to the drawdown and sale
at auction of any petroleum products from the Reserve under
this section after the date of enactment of this paragraph, the
Secretary shall require, as a condition of the sale, that the
petroleum products not be exported to a country that is
designated as a country of particular concern for religious
freedom under clause (ii) of section 402(b)(1)(A) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)(A)).
``(3) Requirements applicable to certain state-owned
entities.--Notwithstanding any other provision of law, with
respect to the drawdown and sale at auction of any petroleum
products from the Reserve under this section after the date of
enactment of this paragraph, if the Secretary determines that,
as of the date of the auction, there is in effect a United
States ban on, or the imposition of sanctions by the United
States with respect to, the purchase of crude oil from 1 or
more countries--
``(A) to be eligible to bid in the auction, a
state-owned entity shall submit to the Secretary a
certification that the state-owned entity has not
purchased petroleum products from any country subject
to such a ban or sanctions later than 15 days after the
date on which the ban or sanctions went into effect;
and
``(B) if the Secretary determines that a state-
owned entity participating in the auction has purchased
crude oil from a country subject to such a ban or
sanctions later than 15 days after the date on which
the ban or sanctions went into effect, the Secretary
shall not sell petroleum products from the Reserve to
the state-owned entity under the auction.''.
<all>
</pre></body></html>
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118S110 | A PLUS Act | [
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"D000618",
"Sen. Daines, Steve [R-MT]",
"sponsor"
],
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"J000293",
"Sen. Johnson, Ron [R-WI]",
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"Sen... | <p><strong>Academic Partnerships Lead Us to Success Act or the A PLUS Act</strong> </p> <p>This bill creates a framework under which states may receive federal elementary and secondary education funds on a consolidated basis and use such funds for any educational purpose permitted by state law. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 110 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 110
To allow a State to submit a declaration of intent to the Secretary of
Education to combine certain funds to improve the academic achievement
of students.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Daines (for himself, Mr. Johnson, Mr. Scott of Florida, Mrs.
Blackburn, Mr. Cruz, Mr. Budd, Mr. Hagerty, Mr. Scott of South
Carolina, Mr. Rubio, and Ms. Ernst) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To allow a State to submit a declaration of intent to the Secretary of
Education to combine certain funds to improve the academic achievement
of students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Academic Partnerships Lead Us to
Success Act'' or the ``A PLUS Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To give States and local communities added flexibility
to determine how to improve academic achievement and implement
education reforms.
(2) To reduce the administrative costs and compliance
burden of Federal education programs in order to focus Federal
resources on improving academic achievement.
(3) To ensure that States and communities are accountable
to the public for advancing the academic achievement of all
students, especially disadvantaged children.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.).
(2) Accountability.--The term ``accountability'' means that
public schools are answerable to parents and other taxpayers
for the use of public funds and shall report student progress
to parents and taxpayers regularly.
(3) Declaration of intent.--The term ``declaration of
intent'' means a decision by a State, as determined by State
Authorizing Officials or by referendum, to assume full
management responsibility for the expenditure of Federal funds
for certain eligible programs for the purpose of advancing, on
a more comprehensive and effective basis, the educational
policy of such State.
(4) State.--The term ``State'' has the meaning given such
term in section 1122(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6332(e)).
(5) State authorizing officials.--The term ``State
Authorizing Officials'' means the State officials who shall
authorize the submission of a declaration of intent, and any
amendments thereto, on behalf of the State. Such officials
shall include not less than 2 of the following:
(A) The Governor of the State.
(B) The highest elected education official of the
State, if any.
(C) The legislature of the State.
(6) State designated officer.--The term ``State Designated
Officer'' means the person designated by the State Authorizing
Officials to submit to the Secretary, on behalf of the State, a
declaration of intent, and any amendments thereto, and to
function as the point-of-contact for the State for the
Secretary and others relating to any responsibilities arising
under this Act.
SEC. 4. DECLARATION OF INTENT.
(a) In General.--Each State is authorized to submit to the
Secretary a declaration of intent permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
(b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
(1) Scope.--A State may choose to include within the scope
of the State's declaration of intent any program for which
Congress makes funds available to the State if the program is
for a purpose described in the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301). A State may not include
any program funded pursuant to the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2) Uses of funds.--Funds made available to a State
pursuant to a declaration of intent under this Act shall be
used for any educational purpose permitted by State law of the
State submitting a declaration of intent.
(3) Removal of fiscal and accounting barriers.--Each State
educational agency that operates under a declaration of intent
under this Act shall modify or eliminate State fiscal and
accounting barriers that prevent local educational agencies and
schools from easily consolidating funds from other Federal,
State, and local sources in order to improve educational
opportunities and reduce unnecessary fiscal and accounting
requirements.
(c) Contents of Declaration.--Each declaration of intent shall
contain--
(1) a list of eligible programs that are subject to the
declaration of intent;
(2) an assurance that the submission of the declaration of
intent has been authorized by the State Authorizing Officials,
specifying the identity of the State Designated Officer;
(3) the duration of the declaration of intent;
(4) an assurance that the State will use fiscal control and
fund accounting procedures;
(5) an assurance that the State will meet the requirements
of applicable Federal civil rights laws in carrying out the
declaration of intent and in consolidating and using the funds
under the declaration of intent;
(6) an assurance that in implementing the declaration of
intent the State will seek to advance educational opportunities
for the disadvantaged;
(7) a description of the plan for maintaining direct
accountability to parents and other citizens of the State; and
(8) an assurance that in implementing the declaration of
intent, the State will seek to use Federal funds to supplement,
rather than supplant, State education funding.
(d) Duration.--The duration of the declaration of intent shall not
exceed 5 years.
(e) Review and Recognition by the Secretary.--
(1) In general.--The Secretary shall review the declaration
of intent received from the State Designated Officer not more
than 60 days after the date of receipt of such declaration, and
shall recognize such declaration of intent unless the
declaration of intent fails to meet the requirements under
subsection (c).
(2) Recognition by operation of law.--If the Secretary
fails to take action within the time specified in paragraph
(1), the declaration of intent, as submitted, shall be deemed
to be approved.
(f) Amendment to Declaration of Intent.--
(1) In general.--The State Authorizing Officials may direct
the State Designated Officer to submit amendments to a
declaration of intent that is in effect. Such amendments shall
be submitted to the Secretary and considered by the Secretary
in accordance with subsection (e).
(2) Amendments authorized.--A declaration of intent that is
in effect may be amended to--
(A) expand the scope of such declaration of intent
to encompass additional eligible programs;
(B) reduce the scope of such declaration of intent
by excluding coverage of a Federal program included in
the original declaration of intent;
(C) modify the duration of such declaration of
intent; or
(D) achieve such other modifications as the State
Authorizing Officials deem appropriate.
(3) Effective date.--The amendment shall specify an
effective date. Such effective date shall provide adequate time
to assure full compliance with Federal program requirements
relating to an eligible program that has been removed from the
coverage of the declaration of intent by the proposed
amendment.
(4) Treatment of program funds withdrawn from declaration
of intent.--Beginning on the effective date of an amendment
executed under paragraph (2)(B), each program requirement of
each program removed from the declaration of intent shall apply
to the State's use of funds made available under the program.
SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.
(a) In General.--Each State operating under a declaration of intent
under this Act shall inform parents and the general public regarding
the student achievement assessment system, demonstrating student
progress relative to the State's determination of student proficiency
for the purpose of public accountability to parents and taxpayers.
(b) Accountability System.--The State shall determine and establish
an accountability system to ensure accountability under this Act.
(c) Report on Student Progress.--Not later than 1 year after the
effective date of the declaration of intent, and annually thereafter, a
State shall disseminate widely to parents and the general public a
report that describes student progress. The report shall include--
(1) student performance data disaggregated in the same
manner as data are disaggregated under section
1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and
(2) a description of how the State has used Federal funds
to improve academic achievement, reduce achievement disparities
between various student groups, and improve educational
opportunities for the disadvantaged.
SEC. 6. ADMINISTRATIVE EXPENSES.
(a) In General.--Except as provided in subsection (b), the amount
that a State with a declaration of intent may expend for administrative
expenses shall be limited to 1 percent of the aggregate amount of
Federal funds made available to the State through the eligible programs
included within the scope of such declaration of intent.
(b) States Not Consolidating Funds Under Part A of Title I.--If the
declaration of intent does not include within its scope part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.), the amount spent by the State on administrative expenses
shall be limited to 3 percent of the aggregate amount of Federal funds
made available to the State pursuant to such declaration of intent.
SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.
Each State consolidating and using funds pursuant to a declaration
of intent under this Act shall provide for the participation of private
school children and teachers in the activities assisted under the
declaration of intent in the same manner as participation is provided
to private school children and teachers under section 8501 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
<all>
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118S1100 | A bill to amend title 38, United States Code, to provide for the inclusion of certain emblems on headstones and markers furnished for veterans by the Secretary of Veterans Affairs, and for other purposes. | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
]
] | <p>This bill provides statutory authority for the inclusion of certain emblems on headstones or markers furnished for veterans by the Department of Veterans Affairs (VA). Such headstones or markers may include an emblem from a list established by the Department of Defense and the VA (e.g., skill or combat badges), an emblem of belief, or no emblem.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1100
To amend title 38, United States Code, to provide for the inclusion of
certain emblems on headstones and markers furnished for veterans by the
Secretary of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun 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 provide for the inclusion of
certain emblems on headstones and markers furnished for veterans by the
Secretary of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCLUSION OF CERTAIN EMBLEMS ON HEADSTONES AND MARKERS
FURNISHED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2306 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(l)(1) A headstone or marker furnished for a veteran under
subsection (a), (b), or (d) may include--
``(A) no emblem;
``(B) an emblem of belief; or
``(C) an emblem from among a list of emblems that the
Secretary, in coordination with the Secretary of Defense, shall
establish.
``(2) The list established under paragraph (1)(C) shall include the
following:
``(A) An emblem with respect to--
``(i) each unit at the level of division or higher
in the Army and each equivalent unit in the Navy,
Marine Corps, Air Force, Space Force, and Coast Guard;
and
``(ii) each skill or combat badge or tab earned by
a member of the Armed Forces.
``(B) Such other emblems as the Secretary, in coordination
with the Secretary of Defense, considers appropriate and
practical, such as the Marine Corps emblem or Army Infantry
insignia.
``(3) The Secretary of Defense shall provide the Secretary with a
digitized representation of each emblem included in the list
established under paragraph (1)(C).''.
(b) Establishment of List of Approved Emblems.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs, in coordination with the Secretary of Defense, shall
establish the list of approved emblems required by paragraph (1)(C) of
subsection (l) of such section 2306, as added by subsection (a), in
accordance with such subsection (l).
(c) Availability of Approved Emblems.--Not later than 360 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall make the emblems on the list of approved emblems required
by subsection (l)(1)(C) of such section 2306, as added by subsection
(a), available for inclusion on headstones and markers.
(d) Applicability.--The amendment made by subsection (a) shall
apply with respect to headstones and markers furnished by the Secretary
of Veterans Affairs after the date of the enactment of this Act.
<all>
</pre></body></html>
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118S1101 | Simplify, Don’t Amplify the IRS Act | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
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] | <p><strong>Simplify, Don't Amplify the IRS Act</strong></p> <p>This bill limits Internal Revenue Service (IRS) enforcement authority and modifies certain IRS reporting requirements.</p> <p>Among other provisions, the bill </p> <ul> <li> increases the gross receipts reporting threshold for certain religious and charitable organizations from $5,000 to $50,000;</li> <li> generally increases penalties for unauthorized disclosure of taxpayer information and for such disclosures by tax return preparers;</li> <li>requires the IRS to establish a fellowship program to recruit private sector tax experts to create a task force to. among other things, educate IRS employees on emerging issues, perform audits, and address offshore tax evasion; and </li> <li> sets forth provisions for reducing improper payments to taxpayers. </li> </ul> <p>The bill also requires the IRS to report annually on the tax gap estimate for the most recent taxable year. The IRS must use artificial intelligence to calculate an estimate of the tax gap. The bill defines <em>tax gap</em> as the difference between tax liabilities owed to the United States and those liabilities actually collected. </p> <p>The bill restricts funding for IRS audits and enforcement until the IRS publishes an updated tax gap projection.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1101 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1101
To amend the Social Security Act to remove the restriction on the use
of Coronavirus State Fiscal Recovery funds, to amend the Internal
Revenue Code of 1986 to codify the Trump administration rule on
reporting requirements of exempt organizations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (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 Social Security Act to remove the restriction on the use
of Coronavirus State Fiscal Recovery funds, to amend the Internal
Revenue Code of 1986 to codify the Trump administration rule on
reporting requirements of exempt organizations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplify, Don't Amplify the IRS
Act''.
TITLE I--PROVISIONS RELATING TO TAX ADMINISTRATION AND TAXPAYER
PROTECTION
SEC. 101. PREVENTING WEAPONIZATION OF THE INTERNAL REVENUE SERVICE.
(a) Organizations Exempt From Reporting.--
(1) Gross receipts threshold.--Clause (ii) of section
6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$50,000''.
(2) Organizations described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting a semicolon, and
(C) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(b) Clarification of Application to Section 527 Organizations.--
(1) In general.--Paragraph (1) of section 6033(g) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``This section'' and inserting
``Except as otherwise provided by this subsection, this
section'', and
(B) by striking ``for the taxable year.'' and
inserting ``for the taxable year in the same manner as
to an organization exempt from taxation under section
501(a).''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(c) Reporting of Names and Addresses of Contributors.--
(1) In general.--Paragraph (1) of section 6033(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Except as provided in subsections (b)(5) and
(g)(2)(B), such annual return shall not be required to include
the names and addresses of contributors to the organization.''.
(2) Application to section 527 organizations.--Paragraph
(2) of section 6033(g) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 102. 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 period each year beginning on
February 12 and ending on April 15.''.
(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 apply to any collective bargaining agreement entered into after
the date of enactment of this section.
SEC. 103. PROTECTING TAXPAYER PRIVACY.
(a) Increase of Penalty for Unauthorized Disclosure of Taxpayer
Information.--
(1) 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''.
(2) 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''.
(3) Effective date.--The amendments made by this subsection
shall apply to disclosures made on or after the date of the
enactment of this Act.
(b) Removal.--
(1) 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,''.
(2) Rule of construction.--The amendments made by paragraph
(1) 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.
TITLE II--RESTRAINTS ON IRS ENFORCEMENT
SEC. 201. TAX GAP PROJECTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, and no later than July 31 annually
thereafter, the Commissioner of Internal Revenue shall submit to
Congress a projection detailing the tax gap estimate for the most
recent taxable year as is practicable using the most recently available
data, and including identification and detailed descriptions of the
data used for such projection and clear identification of the amount of
the projected tax gap associated with nonfiling, underreporting, and
underpayment (including identifying the amount subject to collection
actions).
(b) Use of Artificial Intelligence.--To the extent practicable, for
purposes of reducing the burden on taxpayers subject to National
Research Program audits, the Commissioner shall use artificial
intelligence, including neural machine learning, and other available
data analysis tools, including commercial analytic data providers, to
calculate a projection described in subsection (a).
(c) National Research Program Audits.--In calculating a projection
described in subsection (a), the Commissioner of Internal Revenue shall
not undertake more National Research Program audits in any one fiscal
year than are undertaken in fiscal year 2022.
(d) Tax Gap.--For purposes of this section, the term ``tax gap''
means the difference between tax liabilities owed to the United States
under the Internal Revenue Code of 1986 and those liabilities actually
collected by the Internal Revenue Service.
SEC. 202. JCT REPORT.
(a) In General.--Not later than 180 days after the submission of
the first tax gap projection to Congress under section 201, and not
later than 90 days after the submission of each successive submission,
the Chief of Staff of the Joint Committee on Taxation shall submit to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report analyzing such projection,
including--
(1) identification of methodologies used,
(2) any statistical or methodological uncertainties,
(3) the effect of outdated data, if any, on the accuracy of
such projection, and
(4) such additional information as the Joint Committee on
Taxation determines is useful for Congress to use to assess and
analyze the tax gap projections provided by the Commissioner of
Internal Revenue.
(b) Release of Information.--For purposes of facilitating the
report described in subsection (a), the Secretary of the Treasury
shall, in a timely manner, provide to the Joint Committee on Taxation
such information as such committee requests.
SEC. 203. RESTRICTION ON INCREASED ENFORCEMENT FUNDS.
(a) In General.--Notwithstanding any other provision of law, no
funds appropriated to the Department of the Treasury for audit and
enforcement purposes in excess of the levels appropriated for such
purposes in fiscal year 2022 may be expended for such purposes,
including for salaries, expenses, and enforcement activities, until 180
days after the Internal Revenue Service publishes an updated tax gap
projection pursuant to, and compliant with, section 201.
(b) Sunset.--The provisions of subsection (a) shall not apply after
the date which is one year after the date of the enactment of this
section.
SEC. 204. RESTRICTION ON INCREASED FUNDING FOR OTHER SPECIFIED
PURPOSES.
(a) In General.--Notwithstanding any other provision of law, no
funds appropriated to the Department of the Treasury in excess of the
levels appropriated for specified purposes in fiscal year 2022 may be
expended for specified purposes.
(b) Specified Purposes.--For purposes of subsection (a), the term
``specified purposes'' means--
(1) the implementation of new information reporting
requirements on flows of deposits and withdrawals in individual
and small-business banking accounts and other financial
accounts,
(2) the targeting of United States citizens in response to
the exercise by such citizens of any legally protected or
recognized right guaranteed under the First Amendment to the
United States Constitution,
(3) the targeting of a group for regulatory scrutiny based
on the ideological beliefs of such group,
(4) the auditing of individual taxpayers with an adjusted
gross income of less than $400,000, and
(5) the hiring under an agreement pursuant to the
Intragovernmental Personnel Act of 1970 (sections 3371 et seq.
of title 5, United States Code) or any other authority of an
authorized researcher who is not a full time Federal employee
to access data subject to privacy protections afforded by
section 6103 of the Internal Revenue Code of 1986.
SEC. 205. EFFICIENT USE OF EXISTING IRS RESOURCES.
For purposes of increasing enforcement actions in areas of high
noncompliance and reducing the corporate audit no-change rate of the
Internal Revenue Service to below 20 percent by 2024--
(1) the Secretary (or the Secretary's delegate) shall, not
later than 180 days after the date of the enactment of this
section--
(A) update the methodology that is used for the
selection of corporate returns for audit, and
(B) reassign resources of the Internal Revenue
Service such that the majority of high-income nonfilers
are subject to enforcement actions, and
(2) the Comptroller General of the United States shall,
within one year after the date of the enactment of this
section, issue a comprehensive report to Congress on
information returns and data collected by the Internal Revenue
Service that could be deployed for compliance activities but
that are not currently used for such activities.
SEC. 206. IRS FELLOWSHIP PROGRAM.
(a) Establishment.--Not later than September 30, 2024, the
Commissioner of Internal Revenue (hereinafter known as the
``Commissioner'') after consultation with the Chief Counsel of the
Internal Revenue Service (hereinafter known as the ``Chief Counsel''),
shall establish within the Internal Revenue Service a fellowship
program (hereinafter known as the ``program'') to recruit private
sector tax experts to join the Internal Revenue Service to create and
participate in the audit task force established under subsection (e).
(b) Objective.--The Commissioner, after consultation with the Chief
Counsel, shall design the program in a manner such that the program--
(1) addresses such tax cases handled by the Internal
Revenue Service as the Commissioner determines--
(A) are the most complex, or
(B) include new and emerging issues, and
(2) recruits and retains outstanding and qualified tax
experts.
(c) Advertisement of Program.--The Commissioner shall advertise the
program in such a way as to attract mid-career tax professionals,
including certified public accountants, tax attorneys, and such other
tax professionals as the Commissioner determines are appropriately
qualified to handle the most complex tax cases.
(d) Structure.--
(1) In general.--The program shall be staffed by not fewer
than 30 fellows at the discretion of the Commissioner based on
needs of the Internal Revenue Service and the availability of
qualified candidates.
(2) Term of service.--
(A) In general.--Each fellow shall be hired for a
2-, 3-, or 4-year term of service.
(B) Extensions.--
(i) In general.--A fellow may apply for,
and the Commissioner may grant, a 1-year
extension of the fellowship.
(ii) No limit on number of extensions.--
There shall be no limit on the number of
extensions under clause (i).
(3) Fellowship vacancies.--The Commissioner, after
consultation with the Chief Counsel, shall fill vacant
fellowships--
(A) in such a manner as to ensure that the program
is staffed with no fewer than 15 fellows, and
(B) as soon as practicable after the vacancy
arises.
(4) Hiring authority.--The Commissioner shall have
authority to permanently hire a fellow at the end of the term
of service for such fellow.
(e) Task Force.--Not later than the date on which the first
fellowship is awarded under this section, the Commissioner shall
establish a task force within the Internal Revenue Service and the
office of the Chief Counsel in both national and regional office
placements that includes the fellows hired pursuant to subsection (d),
the purpose of which is to--
(1) perform audit case selection,
(2) educate Internal Revenue Service employees on emerging
issues,
(3) audit selected taxpayers,
(4) address offshore tax evasion and issues implicating the
Foreign Account Tax Compliance Act, and
(5) identify, mentor, and train junior employees from the
Internal Revenue Service with respect to audits.
(f) Composition.--The task force established under subsection (e)
may be composed of both--
(1) fellows, and
(2) permanent employees of the Internal Revenue Service.
(g) Pay of Fellows.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall determine, subject to the
provisions of this subsection, the pay of fellows recruited
under subsection (a).
(2) Pay scale.--For purposes of paragraph (1), the pay of a
fellow shall not be less than the minimum rate payable for GS-
15 of the General Schedule and shall not exceed the amount of
annual compensation (excluding expenses) specified in section
102 of title 3, United States Code.
(h) Administration of Program.--The Secretary may appoint a lead
program officer to administer and advertise the program.
(i) Annual Review and Report.--Not later than 1 year after the date
on which the first fellowship is awarded under this section, and
annually thereafter, the Commissioner shall submit to Congress a report
containing--
(1) an analysis of the effects of the program,
(2) an analysis of the return on investment of the program,
including calculations of all costs incurred and all tax
revenue and penalties collected due to the work of the task
force,
(3) a description of the total number of fellows who apply
each year, and
(4) recommendations for changes to the program, if any.
(j) Rules and Regulations.--The Commissioner, with the approval of
the Secretary of the Treasury (or the Secretary's delegate, other than
the Commissioner), shall promulgate such rules and regulations as may
be necessary for the efficient administration of the program.
TITLE III--PROVISIONS TO REDUCE IMPROPER TAX PAYMENTS
SEC. 301. 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 title 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. 302. IMPROPER TAX PAYMENT DEFINED.
For purposes of this title, 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. 303. 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 304(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. 304. 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 303(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 303(c);
(B) the plans for meeting the reduction targets
under section 303(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. 305. 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.
<all>
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118S1102 | Dignity for Aborted Children Act | [
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"Sen... | <p><b>Dignity for Aborted Children Act</b></p> <p>This bill sets out requirements for the disposition of human fetal tissue from an abortion.</p> <p>Specifically, it requires abortion providers to obtain a patient's informed consent for one of two specified methods of disposition.</p> <p>First, patients may choose to retain possession of the tissue. A patient may choose to transfer the tissue to an entity that provides interment or cremation services.</p> <p>Second, the patient may elect to release the tissue to the provider. Providers must ensure any tissue released to them is interred or cremated within seven days of the procedure in a manner consistent with state law regarding the disposal of human remains.</p> <p>Abortion providers must report annually about these requirements and other specified information.</p> <p>The bill provides civil or criminal penalties for violations of disposal, informed consent, and reporting requirements.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1102 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1102
To protect the dignity of fetal remains, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself, Mr. Lankford, Mr. Marshall, Mr. Rubio, Mr.
Tillis, Mr. Scott of Florida, Mr. Wicker, and Mr. Risch) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To protect the dignity of fetal remains, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dignity for Aborted Children Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
Congress enacts the following pursuant to Congress' power under--
(1) the Interstate Commerce Clause of section 8 of article
I of the Constitution;
(2) section 5 of the 14th Amendment to the Constitution of
the United States, including the power to enforce the
prohibition on government action denying equal protection of
the laws; and
(3) section 8 of article I of the Constitution of the
United States to make all laws necessary and proper for the
carrying into execution of powers vested by the Constitution in
the Government of the United States.
SEC. 3. PROTECTION OF FETAL REMAINS.
(a) In General.--Part H of title IV of the Public Health Service
Act (42 U.S.C. 289 et seq.) is amended by adding at the end the
following:
``SEC. 498F. PROTECTION OF FETAL REMAINS.
``(a) Consent Requirement.--
``(1) In general.--Any abortion provider, after performing
an abortion, shall provide the patient with an informed consent
form, offering the patient the following options for disposal
of the human fetal tissue from the abortion:
``(A) The patient may take possession of the human
fetal tissue and may choose to transfer the tissue to
an entity providing interment or cremation services.
``(B) The patient may elect to release the human
fetal tissue to the abortion provider, who shall be
subject to the requirements of subsection (b).
``(2) Consent requirements.--An abortion provider described
in paragraph (1) shall--
``(A) obtain a patient signature on each consent
form required under paragraph (1); and
``(B) retain each such form in the patient's file.
``(b) Provider Disposal Requirement.--It shall be unlawful for any
abortion provider who, after performing an abortion in which the woman
on whom the abortion was performed elects, pursuant to subsection
(a)(1)(B), to release the human fetal tissue to the abortion provider,
to fail to provide for the final disposition of the human fetal tissue
through interment or cremation, consistent with State law regarding the
disposal of human remains, not later than 7 days after the date on
which the abortion procedure was performed. Such final disposition of
human fetal tissue may be carried out through interment or cremation of
tissue from more than one abortion procedure collectively.
``(c) Penalties.--
``(1) Informed consent violations.--An abortion provider
who fails to maintain the documentation required under
subsection (a)(2)(B) shall be subject to civil monetary
penalties in an amount not to exceed $50,000.
``(2) Disposal violations.--Any abortion provider who
violates subsection (b) shall be fined in accordance with title
18, United States Code, imprisoned not more than 5 years, or
both.
``(3) Bar to prosecution.--A patient upon whom an abortion
in violation of subsection (b) is performed or attempted may
not be prosecuted under, or for a conspiracy to violate,
paragraph (1), or for an offense under section 2, 3, or 4 of
title 18, United States Code, based on such a violation.
``(d) Reporting.--Each abortion provider described in subsection
(a)(1) shall submit annual reports to the Secretary indicating, with
respect to the reporting period--
``(1) the aggregate number of abortion procedures performed
by such abortion provider;
``(2) the gestational age at the time of each such
procedure; and
``(3) for abortions carried out using an abortion method
other than chemical abortion, the aggregate number of fetal
remains transferred for interment or cremation and the number
released to patients.
``(e) Annual Reports by the Secretary.--The Secretary shall submit
to Congress an annual report on the number of abortions by State,
procedure type, and method of disposal of human fetal tissue.
``(f) Non-Preemption.--Nothing in this section shall preempt any
State requirement that, at a minimum, requires interment or cremation
in the same manner that other human remains are required to be treated
in such State.
``(g) Definitions.--In this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child;
``(2) the term `abortion provider' means an individual or
entity that performs abortions; and
``(3) the term `human fetal tissue' has the meaning given
the term in section 498A(g).''.
<all>
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118S1103 | Parental Notification and Intervention Act | [
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"Sen. B... | <p><b>Parental Notification and Intervention Act</b></p> <p>This bill restricts the performance of an abortion on an unemancipated minor under 18 years of age.</p> <p>Specifically, it prohibits a person or organization from performing, facilitating, or assisting with an abortion on an unemancipated minor without first complying with certain requirements, including parental notification and a 96-hour waiting period.</p> <p> It establishes penalties—a fine, up to one year in prison, or both—for each willful violation.</p> <p>A parent who is required to be notified of an abortion of an unemancipated minor may sue in federal court to prohibit the abortion. <p>Parental notification requirements may be waived in a medical emergency or in a case of physical abuse. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1103 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1103
To provide for parental notification and intervention in the case of an
unemancipated minor seeking an abortion.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself, Mr. Rubio, Mr. Scott of Florida, and Mr.
Wicker) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for parental notification and intervention in the case of an
unemancipated minor seeking an abortion.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Notification and
Intervention Act''.
SEC. 2. PARENTAL NOTIFICATION.
(a) In General.--It shall be unlawful for any person or
organization in or affecting interstate or foreign commerce or who
solicits or accepts Federal funds to perform any abortion on an
unemancipated minor under the age of 18, to permit the facilities of
the person or organization to be used to perform any abortion on such a
minor, or to assist in the performance of any abortion on such a minor
if the person or organization has failed to comply with all of the
following requirements:
(1) The provision of written notification to the parents
(as defined in subsection (f)) of the minor informing the
parents that an abortion has been requested for the minor,
except that such notification is not required for a parent if
the physician is presented with documentation showing with a
reasonable degree of certainty that a court of record in the
minor's State of residence has waived any parental
notification. The court of record shall not waive any parental
notification requirement unless there is clear and convincing
evidence of physical abuse of the minor by such parent.
(2) Compliance with a 96-hour waiting period after notice
has been received by the parents.
(3) Compliance with any injunction granted under section 3
relating to the abortion.
(b) Fine for Violation.--Whoever willfully violates subsection (a)
shall be fined not more than $100,000 or imprisoned not more than one
year, or both, for each violation.
(c) Exception.--Subsection (a) shall not apply with respect to an
unemancipated minor for whom an abortion is sought if a physician
(other than the physician with principal responsibility for making the
decision to perform the abortion) makes a determination that--
(1) a medical emergency exists which, with reasonable
medical certainty, so complicates the medical condition of the
minor that the death of the minor would result from the failure
to immediately treat her physical condition even though the
treatment may result in the death of her unborn child;
(2) parental notification is not possible as a result of
the medical emergency; and
(3) certifications regarding compliance with paragraphs (1)
and (2) have been entered in the medical records of the minor,
together with the reasons upon which the determinations are
based, including a statement of relevant clinical findings.
(d) Parental Notification Requirements.--For purposes of this
section, any parental notification provided to comply with the
provisions of subsection (a) for a parent shall be--
(1) delivered personally to the parent; or
(2) provided through certified mail in accordance with all
of the following procedures:
(A) The certified mail is addressed to the parent.
(B) The address used is the dwelling or usual place
of abode of the parent.
(C) A return receipt is requested.
(D) The delivery is restricted to the parent.
(e) Limitation.--A mother seeking an abortion, or upon whom an
abortion is performed, may not be found liable for a violation of this
section.
(f) Parent Defined To Include Legal Guardian.--For purposes of this
Act, the term ``parent'' includes, with respect to an unemancipated
minor, any legal guardian of the minor.
SEC. 3. PARENTAL INTERVENTION.
Any parent required to be notified pursuant to section 2 regarding
an abortion of an unemancipated minor may bring an action in the
Federal district court where the parent resides or where the
unemancipated minor is located to enjoin the performance of the
abortion. The court shall issue a temporary injunction barring the
performance of the abortion until the issue has been adjudicated and
the judgment is final. The court shall issue relief permanently
enjoining the abortion unless the court determines that granting such
relief would be unlawful.
SEC. 4. PREEMPTION.
Nothing in this Act shall be construed to preempt any provision of
State law to the extent that such State law establishes, implements, or
continues in effect greater parental notification requirements or
intervention rights regarding abortion than those provided under this
Act.
SEC. 5. EFFECTIVE DATE AND SEVERABILITY.
(a) Effective Date.--The provisions of this Act shall take effect
upon its enactment.
(b) Severability.--The provisions of this Act shall be severable.
If any provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
<all>
</pre></body></html>
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118S1104 | Protections for Socially Good Activities Act | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
]
] | <p><strong>Protections for Socially Good Activities Act</strong></p> <p>This bill specifies that certain activities do not establish an employment relationship between a franchisor and a franchisee (or their respective employees) for the purpose of certain federal labor laws. </p> <p>Specifically, an employment relationship is not formed if the franchisor carries out activities that include</p> <ul> <li>providing, or otherwise requiring the use of, certain training or other materials related to sexual harassment, workplace violence, or discrimination;</li> <li>requiring the adoption of certain policies related to sexual harassment, workplace violence, or discrimination;</li> <li>requiring the adoption of a policy based on COVID-19; or</li> <li>providing personal protective equipment during the COVID-19 pandemic.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1104 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1104
To ensure that an employment relationship is not established between a
franchisor and a franchisee if the franchisor engages in certain
activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To ensure that an employment relationship is not established between a
franchisor and a franchisee if the franchisor engages in certain
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protections for Socially Good
Activities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employment relationship.--The term ``employment
relationship'' means any type of joint employer relationship,
single employer relationship, or other employment-related
status or relationship under any of the laws described in
section 3(b).
(2) Franchisee.--The term ``franchisee'' means a
franchisee, as defined--
(A) in section 436.1(i) of title 16, Code of
Federal Regulations, as in effect on the day before the
date of enactment of this Act; or
(B) under an applicable State franchise law.
(3) Franchisor.--The term ``franchisor'' means a
franchisor, as defined--
(A) in section 436.1(k) of title 16, Code of
Federal Regulations, as in effect on the day before the
date of enactment of this Act; or
(B) under an applicable State franchise law.
SEC. 3. SAFE HARBOR.
(a) In General.--For the purposes of each law described in
subsection (b), none of the following may be construed, alone or in
combination with any other factor, as establishing an employment
relationship between a franchisor (or any employee of the franchisor)
and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires the franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, childcare, or paid leave,
including a requirement for the franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
(3) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy based on the novel coronavirus (referred to in
this paragraph as ``COVID-19'') pandemic such as the use of
personal protective equipment or other policies, or the
franchisor (or any employee of the franchisor) provides the
franchisee (or any employee of the franchisee) with personal
protective equipment or other material goods or compensation to
help the franchisee (or any employee of the franchisee) during
or due to the COVID-19 pandemic.
(b) Laws.--The laws described in this subsection are each of the
following:
(1) The National Labor Relations Act (29 U.S.C. 151 et
seq.).
(2) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(3) The Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SEC. 4. PREEMPTION.
Except with respect to the definitions of the terms ``franchisee''
and ``franchisor'' under section 2, this Act shall preempt any State
law to the extent that such State law is inconsistent with the
provisions of this Act.
<all>
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118S1105 | Don't Weaponize the IRS Act | [
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"Sen. Capito... | <p><strong>Don't Weaponize the IRS Act</strong></p> <p>This bill codifies regulations promulgated by the Trump Administration exempting certain tax-exempt organizations from specified reporting requirements. Specifically the bill </p> <ul> <li>increases from $5,000 to $50,000 the gross receipts threshold used to determine the eligibility of tax-exempt organizations for the exemption from certain disclosure and reporting requirements;</li> <li>expands the definition of <em>organization</em> to include tax-exempt charitable organizations and organizations with no significant activities relating to lobbying, political activity, and the operation of a trade or business;</li> <li>exempts from disclosure the names and addresses of contributors to an organization in its annual informational return; and </li> <li>extends exemptions from reporting requirements to political action committees (i.e., 527 organizations).</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1105 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1105
To amend the Internal Revenue Code of 1986 to codify the Trump
administration rule on reporting requirements of exempt organizations,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself, Mr. Scott of Florida, Mr. Young, Mr. Romney,
Mrs. Capito, Mr. Moran, Mr. Risch, Mr. Crapo, and Mrs. Fischer)
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 codify the Trump
administration rule on reporting requirements of exempt organizations,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Weaponize the IRS Act''.
SEC. 2. ORGANIZATIONS EXEMPT FROM REPORTING.
(a) Gross Receipts Threshold.--Clause (ii) of section 6033(a)(3)(A)
of the Internal Revenue Code of 1986 is amended by striking ``$5,000''
and inserting ``$50,000''.
(b) Organizations Described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (v),
(2) by striking the period at the end of clause (vi) and
inserting a semicolon, and
(3) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. CLARIFICATION OF APPLICATION TO SECTION 527 ORGANIZATIONS.
(a) In General.--Paragraph (1) of section 6033(g) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``This section'' and inserting ``Except as
otherwise provided by this subsection, this section'', and
(2) by striking ``for the taxable year.'' and inserting
``for the taxable year in the same manner as to an organization
exempt from taxation under section 501(a).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. REPORTING OF NAMES AND ADDRESSES OF CONTRIBUTORS.
(a) In General.--Paragraph (1) of section 6033(a) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Except as provided in subsections (b)(5) and (g)(2)(B), such annual
return shall not be required to include the names and addresses of
contributors to the organization.''.
(b) Application to Section 527 Organizations.--Paragraph (2) of
section 6033(g) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subparagraph (A),
(2) by redesignating subparagraph (B) as subparagraph (C),
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
<all>
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118S1106 | Taxpayer Receipt Act | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
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] | <p><strong>Taxpayer Receipt Act</strong></p> <p>This bill requires the Department of the Treasury to provide taxpayers with a one-page document that contains information regarding the federal budget for the most recently completed fiscal year. The document must include total outlays during the year, total revenues collected during the year, the deficit or surplus for the year, and the total debt held by the public. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1106 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1106
To require the Secretary of the Treasury to provide taxpayers with
information regarding the Federal budget.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require the Secretary of the Treasury to provide taxpayers with
information regarding the Federal budget.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Receipt Act''.
SEC. 2. INFORMATION REGARDING THE FEDERAL BUDGET.
The Secretary of the Treasury, or the Secretary's delegate, shall
provide, to each individual filing a Federal income tax return for a
taxable year, a one-page document which contains, with respect to the
most recently completed fiscal year--
(1) total Federal outlays during such year;
(2) total Federal revenues collected during such year;
(3) the Federal deficit or surplus for such year; and
(4) the total Federal debt held by the public.
<all>
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118S1107 | SAFE School Act | [
[
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"sponsor"
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[
"H000601",
"Sen. Hagerty, Bill [R-TN]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1107 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1107
To establish a grant program to improve school security, including by
training and hiring veterans and former law enforcement officers as
school safety officers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mrs. Blackburn (for herself and Mr. Hagerty) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To establish a grant program to improve school security, including by
training and hiring veterans and former law enforcement officers as
school safety officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Aid for Every School Act''
or the ``SAFE School Act''.
SEC. 2. IMPROVING SCHOOL SECURITY.
(a) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', and ``secondary school'' have the
meanings given the terms in section 8001 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(b) Establishment of Program.--The Attorney General shall establish
within the Office of Justice Programs a grant program under which the
Attorney General shall make grants to States and local educational
agencies to carry out eligible activities described in subsection (c).
(c) Eligible Activities.--The eligible activities described in this
subsection are the following:
(1) Establish, if necessary, and implement a State
certification or licensure program, or other training program
required by the State, that--
(A) is designed to train individuals who are
veterans or former law enforcement officers to serve as
school safety officers; and
(B) may include firearm or de-escalation training.
(2) Hire veterans or former law enforcement officers who
have completed the State certification or licensure program
described in paragraph (1), or off-duty law enforcement
officers, to serve as school safety officers in elementary
schools and secondary schools in the State.
(3) Improve the security of elementary schools and
secondary schools in the State by installing infrastructure and
implementing technology and other measures that strengthen
security on school premises, including--
(A) controlling access to school facilities through
the installation of metal detectors, x-ray machines,
fencing or gating, and surveillance cameras or systems;
(B) securing doors through the installation of
external door passcodes, internal door locks, peepholes
for classroom doors, bulletproof glass or ballistic
film, automatic door locking mechanisms, and access
control doors; and
(C) enhancing emergency responsiveness through the
installation of increased lighting on school grounds,
emergency call boxes, emergency alerts, and emergency
generators.
(d) No Federal Interference.--In awarding grants pursuant to
subsection (b), Attorney General may not--
(1) prevent or discourage any State or local educational
agency from using any grant funds for a school security
activity described in subsection (b);
(2) impose any requirements relating to the content or
structure of the State certification, licensure, or other
training program described in subsection (c)(1); or
(3) enforce any requirement relating to grant funds that
would prevent a State or local educational agency from carrying
out an eligible activity described in subsection (c).
(e) Nondiscrimination.--The Attorney General shall award grants
pursuant to subsection (b) without respect to whether a recipient or
subrecipient--
(1) is a public or private school;
(2) is religiously affiliated; or
(3) receives any Federal or State funding for school
resource officers.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $900,000,000.
<all>
</pre></body></html>
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118S1108 | Death Tax Repeal Act of 2023 | [
[
"T000250",
"Sen. Thune, John [R-SD]",
"sponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
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"Sen. Blackburn, Marsha [R-TN]",
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[
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"Sen. Boozman, John [R-AR]",
"cosponsor"
],
[
"B001310",
"S... | <p><strong>Death Tax Repeal Act</strong> <b>of 2023</b></p> <p>This bill repeals the estate and generation-skipping transfer taxes. It also makes conforming amendments related to the gift tax. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1108 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1108
To amend the Internal Revenue Code of 1986 to repeal the estate and
generation-skipping transfer taxes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Thune (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Boozman, Mr.
Braun, Mrs. Britt, Mr. Budd, Mrs. Capito, Mr. Cornyn, Mr. Cotton, Mr.
Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr.
Graham, Mr. Grassley, Mr. Hagerty, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-
Smith, Mr. Johnson, Mr. Kennedy, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr.
Marshall, Mr. McConnell, Mr. Moran, Mr. Mullin, Mr. Ricketts, Mr.
Risch, Mr. Rounds, Mr. Rubio, Mr. Schmitt, Mr. Scott of Florida, Mr.
Scott of South Carolina, Mr. Tillis, Mr. Tuberville, and Mr. Wicker)
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 repeal the estate and
generation-skipping transfer taxes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax Repeal Act of 2023''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Death Tax Repeal Act of 2023.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Death Tax Repeal
Act of 2023--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B of such Code is amended by adding at the end
the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Death Tax Repeal Act of
2023.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 of
such Code is amended by adding at the end the following new
item:
``Sec. 2664. Termination.''.
(d) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after the date of the enactment of this Act.
SEC. 3. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
``If the amount with respect to which The tentative
the tentative tax to be computed is:. tax is:
Not over $10,000....................... 18% of such amount.
Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess
over $150,000.
Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess
over $250,000.
Over $500,000.......................... $155,800, plus 35% of the
excess over $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any
other provision of this section and except as provided in regulations,
a transfer in trust shall be treated as a taxable gift under section
2503, unless the trust is treated as wholly owned by the donor or the
donor's spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--
(1) In general.--Paragraph (1) of section 2505(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $10,000,000, reduced by''.
(2) Inflation adjustment.--Section 2505 of such Code is
amended by adding at the end the following new subsection:
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2011, the dollar amount in subsection (a)(1) shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2010' for `calendar year
2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended to
read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to gifts made on or after the date of the enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated as
2 separate calendar years one of which ends on the day before
the date of the enactment of this Act and the other of which
begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this Act is enacted shall be treated
as one preceding calendar period.
<all>
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118S1109 | English Language Unity Act of 2023 | [
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"sponsor"
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[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1109 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1109
To declare English as the official language of the United States, to
establish a uniform English language rule for naturalization, and to
avoid misconstructions of the English language texts of the laws of the
United States, pursuant to Congress' powers to provide for the general
welfare of the United States and to establish a uniform rule of
naturalization under article I, section 8, of the Constitution.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Vance (for himself and Mr. Cramer) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To declare English as the official language of the United States, to
establish a uniform English language rule for naturalization, and to
avoid misconstructions of the English language texts of the laws of the
United States, pursuant to Congress' powers to provide for the general
welfare of the United States and to establish a uniform rule of
naturalization under article I, section 8, of the Constitution.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``English Language Unity Act of
2023''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) The United States is comprised of individuals from
diverse ethnic, cultural, and linguistic backgrounds.
(2) Throughout the history of the United States, a common
thread binding citizens of differing backgrounds has been the
English language.
(3) Among the powers reserved to the States respectively is
the power to establish the English language as the official
language of the respective States, and otherwise to promote the
English language within the respective States, subject to the
prohibitions enumerated in the Constitution of the United
States and in laws of the respective States.
SEC. 3. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following:
``CHAPTER 6--OFFICIAL LANGUAGE
``Sec. 161. Official language of the United States
``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
``Representatives of the Federal Government shall have an
affirmative obligation to preserve and enhance the role of English as
the official language of the Federal Government. Such obligation shall
include encouraging greater opportunities for individuals to learn the
English language.
``Sec. 163. Official functions of Government to be conducted in English
``(a) Scope.--For the purposes of this section--
``(1) the term `official' refers to any function that--
``(A) binds the Government;
``(B) is required by law; or
``(C) is otherwise subject to scrutiny by either
the press or the public; and
``(2) the term `United States' means the several States and
the District of Columbia.
``(b) Official Functions.--The official functions of the Government
of the United States shall be conducted in English.
``(c) Practical Effect.--This section--
``(1) shall apply to all laws, public proceedings,
regulations, publications, orders, actions, programs, and
policies; and
``(2) shall not apply to--
``(A) teaching of languages;
``(B) requirements under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(C) actions, documents, or policies necessary for
national security, international relations, trade,
tourism, or commerce;
``(D) actions or documents that protect the public
health and safety;
``(E) actions or documents that facilitate the
activities of the Bureau of the Census in compiling any
census of population;
``(F) actions that protect the rights of victims of
crimes or criminal defendants; or
``(G) using terms of art or phrases from languages
other than English.
``Sec. 164. Uniform English language rule for naturalization
``(a) Uniform Language Testing Standard.--All citizens of the
United States should be able to read and understand generally the
English language text of the Declaration of Independence, the
Constitution of the United States, and the laws of the United States
made in pursuance of the Constitution of the United States.
``(b) Ceremonies.--All naturalization ceremonies shall be conducted
in English.
``Sec. 165. Rules of construction
``Nothing in this chapter shall be construed--
``(1) to prohibit a Member of Congress or any officer or
agent of the Federal Government, while performing official
functions under section 163, from communicating unofficially
through any medium with another person in a language other than
English (as long as official functions are performed in
English);
``(2) to limit the preservation or use of Native Alaskan or
Native American languages (as defined in the Native American
Languages Act (25 U.S.C. 2901 et seq.));
``(3) to disparage any language or to discourage any person
from learning or using a language; or
``(4) to be inconsistent with the Constitution of the
United States.
``Sec. 166. Standing
``A person injured by a violation of this chapter may in a civil
action (including an action under chapter 151 of title 28) obtain
appropriate relief.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
title 4, United States Code, is amended by inserting after the item
relating to chapter 5 the following:
``Chapter 6. Official Language''.
SEC. 4. GENERAL RULES OF CONSTRUCTION FOR ENGLISH LANGUAGE TEXTS OF THE
LAWS OF THE UNITED STATES.
(a) In General.--Chapter 1 of title 1, United States Code, is
amended by adding at the end the following:
``Sec. 9. General rules of construction for laws of the United States
``(a) English language requirements and workplace policies, whether
in the public or private sector, shall be presumptively consistent with
the laws of the United States.
``(b) Any ambiguity in the English language text of the laws of the
United States shall be resolved, in accordance with the last two
articles of the Bill of Rights, not to deny or disparage rights
retained by the people, and to reserve powers to the States
respectively, or to the people.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 1, United States Code, is amended by inserting after
the item relating to section 8 the following:
``9. General rules of construction for laws of the United States.''.
SEC. 5. IMPLEMENTING REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall issue for public notice and
comment a proposed rule for uniform testing English language ability of
candidates for naturalization, which shall be based upon the principles
that--
(1) all citizens of the United States should be able to
read and understand generally the English language text of the
Declaration of Independence, the Constitution of the United
States, and the laws of the United States which are made in
pursuance thereof; and
(2) any exceptions to the standard described in paragraph
(1) should be limited to extraordinary circumstances.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 3 and 4 shall take effect on the
date that is 180 days after the date of enactment of this Act.
<all>
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118S111 | Providing Accountability Through Transparency Act of 2023 | [
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
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"Sen. Johnson, Ron [R-WI]",
"cosponsor"
],
[
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"Sen. Risch, James E. [R-ID]",
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],
[
"B001310",
... | <p><b><b>Providing Accountability Through Transparency Act of 202</b>3</b></p> <p>This bill requires the notice of a proposed rule by a federal agency to include the internet address of a summary of the rule. The summary must be 100 words or fewer, written in plain language, and posted on regulations.gov.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 111 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 111
To require each agency, in providing notice of a rulemaking, to include
a link to a 100-word plain language summary of the proposed rule.
_______________________________________________________________________
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 each agency, in providing notice of a rulemaking, to include
a link to a 100-word plain language summary of the proposed rule.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Accountability Through
Transparency Act of 2023''.
SEC. 2. REQUIREMENT TO POST A 100-WORD SUMMARY TO REGULATIONS.GOV.
Section 553(b) of title 5, United States Code, 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 inserting after paragraph (3) the following:
``(4) the Internet address of a summary of not more than
100 words in length of the proposed rule, in plain language,
that shall be posted on the Internet website under section
206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note)
(commonly known as regulations.gov).''.
<all>
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118S1110 | Rural Hospital Support Act | [
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[
"S001191",... | <p><b>Rural Hospital Support Act</b></p> <p>This bill modifies and extends certain payment adjustments for rural hospitals under Medicare's inpatient prospective payment system. </p> <p>Specifically, the bill indexes payment adjustments for sole community hospitals and Medicare-dependent hospitals to FY2016 operating costs, if it results in higher payments for such hospitals. The bill also makes payment adjustments for Medicare-dependent hospitals and low-volume hospitals permanent (the adjustments currently expire at the end of FY2024).</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1110
To amend title XVIII of the Social Security Act to rebase the
calculation of payments for sole community hospitals and Medicare-
dependent hospitals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Casey (for himself, Mr. Grassley, Mr. Kaine, Mr. Wicker, Ms.
Sinema, Mr. Moran, Ms. Smith, Mr. Marshall, Ms. Stabenow, Mr. Boozman,
Mr. Heinrich, Mr. Hawley, Mrs. Shaheen, Mrs. Capito, and Mr. Kelly)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to rebase the
calculation of payments for sole community hospitals and Medicare-
dependent hospitals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Hospital Support Act''.
SEC. 2. REBASING OF THE CALCULATION OF PAYMENTS FOR SOLE COMMUNITY
HOSPITALS.
(a) Rebasing Permitted.--Section 1886(b)(3) of the Social Security
Act (42 U.S.C. 1395ww(b)(3)) is amended by adding at the end the
following new subparagraph:
``(M)(i) For cost reporting periods beginning on or
after October 1, 2023, in the case of a sole community
hospital there shall be substituted for the amount
otherwise determined under subsection (d)(5)(D)(i) of
this section, if such substitution results in a greater
amount of payment under this section for the hospital,
the subparagraph (M) rebased target amount.
``(ii) For purposes of this subparagraph, the term
`subparagraph (M) rebased target amount' has the
meaning given the term `target amount' in subparagraph
(C), except that--
``(I) there shall be substituted for the
base cost reporting period the 12-month cost
reporting period beginning during fiscal year
2016;
``(II) any reference in subparagraph (C)(i)
to the `first cost reporting period' described
in such subparagraph is deemed a reference to
the first cost reporting period beginning on or
after October 1, 2023; and
``(III) the applicable percentage increase
shall only be applied under subparagraph
(C)(iv) for discharges occurring on or after
October 1, 2023.''.
(b) Conforming Amendments.--Section 1886(b)(3) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)) is amended--
(1) in subparagraph (C), in the matter preceding clause
(i), by striking ``subparagraphs (I) and (L)'' and inserting
``subparagraphs (I), (L), and (M)''; and
(2) in subparagraph (I)(i), in the matter preceding
subclause (I), by striking ``subparagraph (L)'' and inserting
``subparagraphs (L) and (M)''.
SEC. 3. REBASING OF THE CALCULATION OF PAYMENTS FOR MEDICARE-DEPENDENT
HOSPITALS.
Section 1886(b)(3) of the Social Security Act (42 U.S.C.
1395ww(b)(3)), as amended by section 2, is amended--
(1) in subparagraph (D), by striking ``subparagraph (K)''
and inserting ``subparagraphs (K) and (N)''; and
(2) by adding at the end the following new subparagraph:
``(N)(i) With respect to discharges occurring on or
after October 1, 2023, in the case of a medicare-
dependent, small rural hospital, for purposes of
applying subparagraph (D)--
``(I) there shall be substituted for the
base cost reporting period described in
subparagraph (D)(i) the 12-month cost reporting
period beginning during fiscal year 2016; and
``(II) any reference in such subparagraph
to the `first cost reporting period' described
in such subparagraph is deemed a reference to
the first cost reporting period beginning on or
after October 1, 2023.
``(ii) This subparagraph shall only apply to a
hospital if the substitution described in clause (i)(I)
results in an increase in the target amount under
subparagraph (D) for the hospital.''.
SEC. 4. PROHIBITION OF ADJUSTMENTS TO CLASSIFICATIONS AND WEIGHTING
FACTORS RELATING TO THE CALCULATION OF PAYMENTS FOR SOLE
COMMUNITY HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS.
Section 1886(d)(4)(C) of the Social Security Act (42 U.S.C.
1395ww(d)(4)(C))--
(1) in clause (i), by striking ``The Secretary'' and
inserting ``Subject to clause (v), the Secretary''; and
(2) by adding at the end the following new clause:
``(v) For discharges using the rebased target amounts described in
subparagraph (M) or (N) of subsection (b)(3), the Secretary may not
adjust such amounts for adjustments required by clause (iii) prior to
October 1, 2015.''.
SEC. 5. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) Extension of Payment Methodology.--Section 1886(d)(5)(G) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``, and before October 1,
2024''; and
(2) in clause (ii)(II), by striking ``, and before October
1, 2024''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``, and before October 1, 2024''; and
(B) in clause (iv), by striking ``through fiscal
year 2024'' and inserting ``or a subsequent fiscal
year,''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal
year 2000 through fiscal year 2024'' and inserting ``a
subsequent fiscal year''.
SEC. 6. EXTENSION OF THE INCREASED PAYMENTS UNDER THE MEDICARE LOW-
VOLUME HOSPITAL PROGRAM.
Section 1886(d)(12) of the Social Security Act (42 U.S.C.
1395(d)(12)) is amended--
(1) in subparagraph (B)--
(A) in the subparagraph heading, by inserting ``for
fiscal years 2005 through 2010'' after ``increase'';
and
(B) in the matter preceding clause (i), by striking
``and for discharges occurring in fiscal year 2025 and
subsequent fiscal years'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by
striking ``fiscal years 2011 through 2024'' and
inserting ``fiscal year 2011 and subsequent fiscal
years'';
(B) in subclause (II), by adding ``and'' at the
end;
(C) in subclause (III)--
(i) by striking ``each of fiscal years 2019
through 2024'' and inserting ``fiscal year 2019
and each subsequent fiscal year''; and
(ii) by striking ``; and'' at the end and
inserting a period; and
(D) by striking subclause (IV); and
(3) in subparagraph (D)--
(A) by amending the subparagraph heading to reach
as follows: ``Applicable percentage increase beginning
with fiscal year 2011.--'';
(B) in the matter preceding clause (i), by striking
``fiscal years 2011 through 2024'' and inserting
``fiscal year 2011 and subsequent fiscal years''; and
(C) in clause (ii), by striking ``each of fiscal
years 2019 through 2024'' and inserting ``fiscal year
2019 and each subsequent fiscal year''.
<all>
</pre></body></html>
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118S1111 | ADVANCE Act of 2023 | [
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1111 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1111
To enhance United States civil nuclear leadership, support the
licensing of advanced nuclear technologies, strengthen the domestic
nuclear energy fuel cycle and supply chain, and improve the regulation
of nuclear energy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mrs. Capito (for herself, Mr. Whitehouse, Mr. Barrasso, Mr. Carper, Mr.
Crapo, Mr. Booker, Mr. Graham, Mr. Kelly, Mr. Risch, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To enhance United States civil nuclear leadership, support the
licensing of advanced nuclear technologies, strengthen the domestic
nuclear energy fuel cycle and supply chain, and improve the regulation
of nuclear energy, and for other 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 ``Accelerating
Deployment of Versatile, Advanced Nuclear for Clean Energy Act of
2023'' or the ``ADVANCE Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AMERICAN NUCLEAR LEADERSHIP
Sec. 101. International nuclear reactor export and innovation
activities.
Sec. 102. Denial of certain domestic licenses for national security
purposes.
Sec. 103. Export license requirements.
Sec. 104. Coordinated international engagement.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
Sec. 201. Fees for advanced nuclear reactor application review.
Sec. 202. Advanced nuclear reactor prizes.
Sec. 203. Report on unique licensing considerations relating to the use
of nuclear energy for nonelectric
applications.
Sec. 204. Enabling preparations for the demonstration of advanced
nuclear reactors on Department of Energy
sites.
Sec. 205. Clarification on fusion regulation.
Sec. 206. Regulatory issues for nuclear facilities at brownfield sites.
Sec. 207. Appalachian Regional Commission nuclear energy development.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
Sec. 301. Investment by allies.
Sec. 302. Extension of the Price-Anderson Act.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
Sec. 401. Report on advanced methods of manufacturing and construction
for nuclear energy applications.
Sec. 402. Nuclear energy traineeship.
Sec. 403. Report on Commission readiness and capacity to license
additional conversion and enrichment
capacity to reduce reliance on uranium from
Russia.
Sec. 404. Annual report on the spent nuclear fuel and high-level
radioactive waste inventory in the United
States.
Sec. 405. Authorization of appropriations for superfund actions at
abandoned mining sites on Tribal land.
Sec. 406. Development, qualification, and licensing of advanced nuclear
fuel concepts.
TITLE V--IMPROVING COMMISSION EFFICIENCY
Sec. 501. Commission workforce.
Sec. 502. Commission corporate support funding.
Sec. 503. Performance and reporting update.
TITLE VI--MISCELLANEOUS
Sec. 601. Nuclear closure communities.
Sec. 602. Technical correction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accident tolerant fuel.--The term ``accident tolerant
fuel'' has the meaning given the term in section 107(a) of the
Nuclear Energy Innovation and Modernization Act (Public Law
115-439; 132 Stat. 5577).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advanced nuclear fuel.--The term ``advanced nuclear
fuel'' means--
(A) advanced nuclear reactor fuel; and
(B) accident tolerant fuel.
(4) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' has the meaning given the term in section 3 of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215
note; Public Law 115-439).
(5) Advanced nuclear reactor fuel.--The term ``advanced
nuclear reactor fuel'' has the meaning given the term in
section 3 of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215 note; Public Law 115-439).
(6) Appropriate committees of Congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(7) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(8) 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)).
(9) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
TITLE I--AMERICAN NUCLEAR LEADERSHIP
SEC. 101. INTERNATIONAL NUCLEAR REACTOR EXPORT AND INNOVATION
ACTIVITIES.
(a) Coordination.--
(1) In general.--The Commission shall--
(A) coordinate all work of the Commission relating
to--
(i) nuclear reactor import and export
licensing; and
(ii) international regulatory cooperation
and assistance relating to nuclear reactors,
including with countries that are members of
the Organisation for Economic Co-operation and
Development; and
(B) support interagency and international
coordination with respect to--
(i) the consideration of international
technical standards to establish the licensing
and regulatory basis to assist the design,
construction, and operation of nuclear systems;
(ii) efforts to help build competent
nuclear regulatory organizations and legal
frameworks in countries seeking to develop
nuclear power; and
(iii) exchange programs and training
provided to other countries relating to nuclear
regulation and oversight to improve nuclear
technology licensing, in accordance with
paragraph (2).
(2) Exchange programs and training.--With respect to the
exchange programs and training described in paragraph
(1)(B)(iii), the Commission shall coordinate, as applicable,
with--
(A) the Secretary of Energy;
(B) National Laboratories;
(C) the private sector; and
(D) institutions of higher education.
(b) Authority To Establish Branch.--The Commission may establish
within the Office of International Programs a branch, to be known as
the ``International Nuclear Reactor Export and Innovation Branch'', to
carry out such international nuclear reactor export and innovation
activities as the Commission determines to be appropriate and within
the mission of the Commission.
(c) Exclusion of International Activities From the Fee Base.--
(1) In general.--Section 102 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215) is amended--
(A) in subsection (a), by adding at the end the
following:
``(4) International nuclear reactor export and innovation
activities.--The Commission shall identify in the annual budget
justification international nuclear reactor export and
innovation activities described in section 101(a) of the
ADVANCE Act of 2023.''; and
(B) in subsection (b)(1)(B), by adding at the end
the following:
``(iv) Costs for international nuclear
reactor export and innovation activities
described in section 101(a) of the ADVANCE Act
of 2023.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2024.
(d) Savings Clause.--Nothing in this section alters the authority
of the Commission to license and regulate the civilian use of
radioactive materials.
SEC. 102. DENIAL OF CERTAIN DOMESTIC LICENSES FOR NATIONAL SECURITY
PURPOSES.
(a) Definition of Covered Fuel.--In this section, the term
``covered fuel'' means enriched uranium that is fabricated into fuel
assemblies for nuclear reactors by an entity that--
(1) is owned or controlled by the Government of the Russian
Federation or the Government of the People's Republic of China;
or
(2) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation or the People's
Republic of China.
(b) Prohibition on Unlicensed Possession or Ownership of Covered
Fuel.--Unless specifically authorized by the Commission in a license
issued under section 53 of the Atomic Energy Act of 1954 (42 U.S.C.
2073) and part 70 of title 10, Code of Federal Regulations (or
successor regulations), no person subject to the jurisdiction of the
Commission may possess or own covered fuel.
(c) License To Possess or Own Covered Fuel.--
(1) Consultation required prior to issuance.--The
Commission shall not issue a license to possess or own covered
fuel under section 53 of the Atomic Energy Act of 1954 (42
U.S.C. 2073) and part 70 of title 10, Code of Federal
Regulations (or successor regulations), unless the Commission
has first consulted with the Secretary of Energy and the
Secretary of State before issuing the license.
(2) Prohibition on issuance of license.--
(A) In general.--Subject to subparagraph (C), a
license to possess or own covered fuel shall not be
issued if the Secretary of Energy and the Secretary of
State make the determination described in subparagraph
(B).
(B) Determination.--
(i) In general.--The determination referred
to in subparagraph (A) is a determination that
possession or ownership, as applicable, of
covered fuel poses a threat to the national
security of the United States that adversely
impacts the physical and economic security of
the United States.
(ii) Joint determination.--A determination
described in clause (i) shall be jointly made
by the Secretary of Energy and the Secretary of
State.
(iii) Timeline.--
(I) Notice of application.--Not
later than 30 days after the date on
which the Commission receives an
application for a license to possess or
own covered fuel, the Commission shall
notify the Secretary of Energy and the
Secretary of State of the application.
(II) Determination.--The Secretary
of Energy and the Secretary of State
shall have a period of 180 days,
beginning on the date on which the
Commission notifies the Secretary of
Energy and the Secretary of State under
subclause (I) of an application for a
license to possess or own covered fuel,
in which to make the determination
described in clause (i).
(III) Commission notification.--On
making the determination described in
clause (i), the Secretary of Energy and
the Secretary of State shall
immediately notify the Commission.
(IV) Congressional notification.--
Not later than 30 days after the date
on which the Secretary of Energy and
the Secretary of State notify the
Commission under subclause (III), the
Commission shall notify the appropriate
committees of Congress of the
determination.
(V) Public notice.--Not later than
15 days after the date on which the
Commission notifies Congress under
subclause (IV) of a determination made
under clause (i), the Commission shall
make that determination publicly
available.
(C) Effect of no determination.--The prohibition
described in subparagraph (A) shall not apply if the
Secretary of Energy and the Secretary of State do not
make the determination described in subparagraph (B) by
the date described in clause (iii)(II) of that
subparagraph.
(d) Savings Clause.--Nothing in this section alters any treaty or
international agreement in effect on the date of enactment of this Act.
SEC. 103. EXPORT LICENSE REQUIREMENTS.
(a) Definition of Low-Enriched Uranium.--In this section, the term
``low-enriched uranium'' means uranium enriched to less than 20 percent
of the uranium-235 isotope.
(b) Requirement.--The Commission shall not issue an export license
for the transfer of any item described in subsection (d) to a country
described in subsection (c) unless the Commission makes a determination
that such transfer will not be inimical to the common defense and
security of the United States.
(c) Countries Described.--A country referred to in subsection (b)
is a country that--
(1) has not concluded and ratified an Additional Protocol
to its safeguards agreement with the International Atomic
Energy Agency; or
(2) has not ratified or acceded to the amendment to the
Convention on the Physical Protection of Nuclear Material,
adopted at Vienna October 26, 1979, and opened for signature at
New York March 3, 1980 (TIAS 11080), described in the
information circular of the International Atomic Energy Agency
numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS
16-508).
(d) Items Described.--An item referred to in subsection (b)
includes--
(1) unirradiated nuclear fuel containing special nuclear
material (as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
(2) a nuclear reactor that uses nuclear fuel described in
paragraph (1); and
(3) any plant or component listed in Appendix I to part 110
of title 10, Code of Federal Regulations (or successor
regulations), that is involved in--
(A) the reprocessing of irradiated nuclear reactor
fuel elements;
(B) the separation of plutonium; or
(C) the separation of the uranium-233 isotope.
(e) Notification.--If the Commission makes a determination under
subsection (b) that the transfer of any item described in subsection
(d) to a country described in subsection (c) will not be inimical to
the common defense and security of the United States, the Commission
shall notify the appropriate committees of Congress.
SEC. 104. COORDINATED INTERNATIONAL ENGAGEMENT.
(a) Definitions.--In this section:
(1) Embarking civil nuclear energy nation.--
(A) In general.--The term ``embarking civil nuclear
energy nation'' means a country that--
(i)(I) does not have a civil nuclear
program;
(II) is in the process of developing or
expanding a civil nuclear program, including
safeguards and a legal and regulatory
framework; or
(III) is in the process of selecting,
developing, constructing, or utilizing an
advanced nuclear reactor or advanced civil
nuclear technologies; and
(ii) is eligible to receive development
lending from the World Bank.
(B) Exclusions.--The term ``embarking civil nuclear
energy nation'' does not include--
(i) the People's Republic of China;
(ii) the Russian Federation;
(iii) the Republic of Belarus;
(iv) the Islamic Republic of Iran;
(v) the Democratic People's Republic of
Korea;
(vi) the Republic of Cuba;
(vii) the Bolivarian Republic of Venezuela;
(viii) the Syrian Arab Republic; or
(ix) any other country--
(I) the property or interests in
property of the government of which are
blocked pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(II) the government of which the
Secretary of State has determined has
repeatedly provided support for acts of
international terrorism for purposes
of--
(aa) section 620A(a) of the
Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(bb) section 40(d) of the
Arms Export Control Act (22
U.S.C. 2780(d));
(cc) section
1754(c)(1)(A)(i) of the Export
Control Reform Act of 2018 (50
U.S.C. 4813(c)(1)(A)(i)); or
(dd) any other relevant
provision of law.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Commerce and the Secretary of Energy, acting--
(A) in consultation with each other; and
(B) in coordination with--
(i) the Secretary of State;
(ii) the Commission;
(iii) the Secretary of the Treasury;
(iv) the President of the Export-Import
Bank of the United States; and
(v) officials of other Federal agencies, as
the Secretary of Commerce determines to be
appropriate.
(b) International Civil Nuclear Modernization Initiative.--
(1) In general.--The Secretaries shall establish and carry
out, in accordance with applicable nuclear technology export
laws (including regulations), an international initiative to
modernize civil nuclear outreach to embarking civil nuclear
energy nations.
(2) Activities.--In carrying out the initiative described
in paragraph (1)--
(A) the Secretary of Commerce shall--
(i) expand outreach by the executive branch
to the private investment community to create
public-private financing relationships to
assist in the export of civil nuclear
technology to embarking civil nuclear energy
nations;
(ii) seek to coordinate, to the maximum
extent practicable, the work carried out by
each of--
(I) the Commission;
(II) the Department of Energy;
(III) the Department of State;
(IV) the Nuclear Energy Agency;
(V) the International Atomic Energy
Agency; and
(VI) other agencies, as the
Secretary of Commerce determines to be
appropriate; and
(iii) improve the regulatory framework to
allow for the efficient and expeditious
exporting and importing of items under the
jurisdiction of the Secretary of Commerce; and
(B) the Secretary of Energy shall--
(i) assist nongovernmental organizations
and appropriate offices, administrations,
agencies, laboratories, and programs of the
Federal Government in providing education and
training to foreign governments in nuclear
safety, security, and safeguards--
(I) through engagement with the
International Atomic Energy Agency; or
(II) independently, if the
applicable nongovernmental
organization, office, administration,
agency, laboratory, or program
determines that it would be more
advantageous under the circumstances to
provide the applicable education and
training independently; and
(ii) assist the efforts of the
International Atomic Energy Agency to expand
the support provided by the International
Atomic Energy Agency to embarking civil nuclear
energy nations for nuclear safety, security,
and safeguards.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Commerce, in consultation with the Secretary
of Energy, shall submit to Congress a report describing the activities
carried out under this section.
TITLE II--DEVELOPING AND DEPLOYING NEW NUCLEAR TECHNOLOGIES
SEC. 201. FEES FOR ADVANCED NUCLEAR REACTOR APPLICATION REVIEW.
(a) Definitions.--Section 3 of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) is
amended--
(1) by redesignating paragraphs (2) through (15) as
paragraphs (3), (5), (6), (7), (8), (9), (11), (14), (15),
(16), (17), (18), (19), and (20), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Advanced nuclear reactor applicant.--The term
`advanced nuclear reactor applicant' means an entity that has
submitted to the Commission an application to receive a license
for an advanced nuclear reactor under the Atomic Energy Act of
1954 (42 U.S.C. 2011 et seq.).'';
(3) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) Agency support.--The term `agency support' means the
resources of the Commission that are located in executive,
administrative, and other support offices of the Commission, as
described in the document of the Commission entitled `FY 2022
Final Fee Rule Work Papers' (or a successor document).'';
(4) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Hourly rate for mission-direct program salaries and
benefits for the nuclear reactor safety program.--The term
`hourly rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program' means the quotient
obtained by dividing--
``(A) the full-time equivalent rate (within the
meaning of the document of the Commission entitled `FY
2022 Final Fee Rule Work Papers' (or a successor
document)) for mission-direct program salaries and
benefits for the Nuclear Reactor Safety Program (as
determined by the Commission) for a fiscal year; by
``(B) the productive hours assumption for that
fiscal year, determined in accordance with the formula
established in the document referred to in subparagraph
(A) (or a successor document).''; and
(5) by inserting after paragraph (11) (as so redesignated)
the following:
``(12) Mission-direct program salaries and benefits for the
nuclear reactor safety program.--The term `mission-direct
program salaries and benefits for the Nuclear Reactor Safety
Program' means the resources of the Commission that are
allocated to the Nuclear Reactor Safety Program (as determined
by the Commission) to perform core work activities committed to
fulfilling the mission of the Commission to protect public
health and safety, promote the common defense and security, and
protect the environment, as described in the document of the
Commission entitled `FY 2022 Final Fee Rule Work Papers' (or a
successor document).
``(13) Mission-indirect program support.--The term
`mission-indirect program support' means the resources of the
Commission that support the core mission-direct activities for
the Nuclear Reactor Safety Program of the Commission (as
determined by the Commission), as described in the document of
the Commission entitled `FY 2022 Final Fee Rule Work Papers'
(or a successor document).''.
(b) Excluded Activities.--Section 102(b)(1)(B) of the Nuclear
Energy Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as
amended by section 101(c)(1)(B)) is amended by adding at the end the
following:
``(v) The total costs of mission-indirect
program support and agency support that, under
paragraph (2)(B), may not be included in the
hourly rate charged for fees assessed to
advanced nuclear reactor applicants.''.
(c) Fees for Service or Thing of Value.--Section 102(b) of the
Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215(b)) is
amended by striking paragraph (2) and inserting the following:
``(2) Fees for service or thing of value.--
``(A) In general.--In accordance with section 9701
of title 31, United States Code, the Commission shall
assess and collect fees from any person who receives a
service or thing of value from the Commission to cover
the costs to the Commission of providing the service or
thing of value.
``(B) Advanced nuclear reactor applicants.--The
hourly rate charged for fees assessed to advanced
nuclear reactor applicants under this paragraph
relating to the review of a submitted application
described in section 3(1) shall not exceed the hourly
rate for mission-direct program salaries and benefits
for the Nuclear Reactor Safety Program.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2024.
SEC. 202. ADVANCED NUCLEAR REACTOR PRIZES.
Section 103 of the Nuclear Energy Innovation and Modernization Act
(Public Law 115-439; 132 Stat. 5571) is amended by adding at the end
the following:
``(f) Prizes for Advanced Nuclear Reactor Licensing.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a non-Federal entity; and
``(B) the Tennessee Valley Authority.
``(2) Prize for advanced nuclear reactor licensing.--
``(A) In general.--Notwithstanding section 169 of
the Atomic Energy Act of 1954 (42 U.S.C. 2209) and
subject to the availability of appropriations, the
Secretary is authorized to make, with respect to each
award category described in subparagraph (C), an award
in an amount described in subparagraph (B) to the first
eligible entity--
``(i) to which the Commission issues an
operating license for an advanced nuclear
reactor under part 50 of title 10, Code of
Federal Regulations (or successor regulations),
for which an application has not been approved
by the Commission as of the date of enactment
of this subsection; or
``(ii) for which the Commission makes a
finding described in section 52.103(g) of title
10, Code of Federal Regulations (or successor
regulations), with respect to a combined
license for an advanced nuclear reactor--
``(I) that is issued under subpart
C of part 52 of that title (or
successor regulations); and
``(II) for which an application has
not been approved by the Commission as
of the date of enactment of this
subsection.
``(B) Amount of award.--An award under subparagraph
(A) shall be in an amount equal to the total amount
assessed by the Commission and collected under section
102(b)(2) from the eligible entity receiving the award
for costs relating to the issuance of the license
described in that subparagraph, including, as
applicable, costs relating to the issuance of an
associated construction permit described in section
50.23 of title 10, Code of Federal Regulations (or
successor regulations), or early site permit (as
defined in section 52.1 of that title (or successor
regulations)).
``(C) Award categories.--An award under
subparagraph (A) may be made for--
``(i) the first advanced nuclear reactor
for which the Commission--
``(I) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(II) makes a finding in
accordance with clause (ii) of that
subparagraph;
``(ii) an advanced nuclear reactor that--
``(I) uses isotopes derived from
spent nuclear fuel (as defined in
section 2 of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101)) or
depleted uranium as fuel for the
advanced nuclear reactor; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iii) an advanced nuclear reactor that--
``(I) is a nuclear integrated
energy system--
``(aa) that is composed of
2 or more co-located or jointly
operated subsystems of energy
generation, energy storage, or
other technologies;
``(bb) in which not fewer
than 1 subsystem described in
item (aa) is a nuclear energy
system; and
``(cc) the purpose of which
is--
``(AA) to reduce
greenhouse gas
emissions in both the
power and nonpower
sectors; and
``(BB) to maximize
energy production and
efficiency; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph;
``(iv) an advanced reactor that--
``(I) operates flexibly to generate
electricity or high temperature process
heat for nonelectric applications; and
``(II) is the first advanced
nuclear reactor described in subclause
(I) for which the Commission--
``(aa) issues a license in
accordance with clause (i) of
subparagraph (A); or
``(bb) makes a finding in
accordance with clause (ii) of
that subparagraph; and
``(v) the first advanced nuclear reactor
for which the Commission grants approval to
load nuclear fuel pursuant to the technology-
inclusive regulatory framework established
under subsection (a)(4).
``(3) Federal funding limitation.--An award under this
subsection shall not exceed the total amount expended
(excluding any expenditures made with Federal funds received
for the applicable project and an amount equal to the minimum
cost-share required under section 988 of the Energy Policy Act
of 2005 (42 U.S.C. 16352)) by the eligible entity receiving the
award for licensing costs relating to the project for which the
award is made.''.
SEC. 203. REPORT ON UNIQUE LICENSING CONSIDERATIONS RELATING TO THE USE
OF NUCLEAR ENERGY FOR NONELECTRIC APPLICATIONS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
committees of Congress a report (referred to in this section as the
``report'') addressing any unique licensing issues or requirements
relating to--
(1) the flexible operation of nuclear reactors, such as
ramping power output and switching between electricity
generation and nonelectric applications;
(2) the use of advanced nuclear reactors exclusively for
nonelectric applications; and
(3) the colocation of nuclear reactors with industrial
plants or other facilities.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) technology developers;
(4) the industrial, chemical, and medical sectors;
(5) nongovernmental organizations; and
(6) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall describe--
(A) any unique licensing issues or requirements
relating to the matters described in paragraphs (1)
through (3) of subsection (a), including, with respect
to the nonelectric applications referred to in
paragraphs (1) and (2) of that subsection, any
licensing issues or requirements relating to the use of
nuclear energy in--
(i) hydrogen or other liquid and gaseous
fuel or chemical production;
(ii) water desalination and wastewater
treatment;
(iii) heat for industrial processes;
(iv) district heating;
(v) energy storage;
(vi) industrial or medical isotope
production; and
(vii) other applications, as identified by
the Commission;
(B) options for addressing those issues or
requirements--
(i) within the existing regulatory
framework of the Commission;
(ii) as part of the technology-inclusive
regulatory framework required under subsection
(a)(4) of section 103 of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C.
2133 note; Public Law 115-439) or described in
the report required under subsection (e) of
that section (Public Law 115-439; 132 Stat.
5575); or
(iii) through a new rulemaking; and
(C) the extent to which Commission action is needed
to implement any matter described in the report.
(2) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-based
regulatory guidance in the licensing of nuclear reactors for
nonelectric applications.
SEC. 204. ENABLING PREPARATIONS FOR THE DEMONSTRATION OF ADVANCED
NUCLEAR REACTORS ON DEPARTMENT OF ENERGY SITES.
(a) In General.--Section 102(b)(1)(B) of the Nuclear Energy
Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) (as amended
by section 201(b)) is amended by adding at the end the following:
``(vi) Costs for--
``(I) activities to review and
approve or disapprove an application
for an early site permit (as defined in
section 52.1 of title 10, Code of
Federal Regulations (or a successor
regulation)) to demonstrate an advanced
nuclear reactor on a Department of
Energy site; and
``(II) pre-application activities
relating to an early site permit (as so
defined) to demonstrate an advanced
nuclear reactor on a Department of
Energy site.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2024.
SEC. 205. CLARIFICATION ON FUSION REGULATION.
Section 103(a)(4) of the Nuclear Energy Innovation and
Modernization Act (42 U.S.C. 2133 note; Public Law 115-439) is
amended--
(1) by striking ``Not later'' and inserting the following:
``(A) In general.--Not later''; and
(2) by adding at the end the following:
``(B) Exclusion of fusion reactors.--For purposes
of subparagraph (A), the term `advanced reactor
applicant' does not include an applicant seeking a
license for a fusion reactor.''.
SEC. 206. REGULATORY ISSUES FOR NUCLEAR FACILITIES AT BROWNFIELD SITES.
(a) Definitions.--
(1) Brownfield site.--The term ``brownfield site'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(2) Production facility.--The term ``production facility''
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
(3) Retired fossil fuel site.--The term ``retired fossil
fuel site'' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to retire,
including multi-unit facilities that are partially shut down.
(4) Utilization facility.--The term ``utilization
facility'' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
(b) Identification of Regulatory Issues.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall evaluate the extent
to which modification of regulations, guidance, or policy is
needed to enable timely licensing reviews for, and to support
the oversight of, production facilities or utilization
facilities at brownfield sites.
(2) Requirement.--In carrying out paragraph (1), the
Commission shall consider how licensing reviews for production
facilities or utilization facilities at brownfield sites may be
expedited by considering matters relating to siting and
operating a production facility or a utilization facility at or
near a retired fossil fuel site to support the reuse of
existing site infrastructure, including--
(A) electric switchyard components and transmission
infrastructure;
(B) heat-sink components;
(C) steam cycle components;
(D) roads;
(E) railroad access; and
(F) water availability.
(3) Report.--Not later than 14 months after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing any
regulations, guidance, and policies identified under paragraph
(1).
(c) Licensing.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall--
(A) develop and implement strategies to enable
timely licensing reviews for, and to support the
oversight of, production facilities or utilization
facilities at brownfield sites, including retired
fossil fuel sites; or
(B) initiate a rulemaking to enable timely
licensing reviews for, and to support the oversight of,
of production facilities or utilization facilities at
brownfield sites, including retired fossil fuel sites.
(2) Requirements.--In carrying out paragraph (1),
consistent with the role of the Commission in protecting public
health and safety and the common defense and security, the
Commission shall consider matters relating to--
(A) the use of existing site infrastructure;
(B) existing emergency preparedness organizations
and planning;
(C) the availability of historical site-specific
environmental data;
(D) previously approved environmental reviews
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(E) activities associated with the potential
decommissioning of facilities or decontamination and
remediation at brownfield sites; and
(F) community engagement and historical experience
with energy production.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress a report describing the actions taken by the Commission under
subsection (c).
SEC. 207. APPALACHIAN REGIONAL COMMISSION NUCLEAR ENERGY DEVELOPMENT.
(a) In General.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14512. Appalachian Regional Commission nuclear energy
development
``(a) Definitions.--In this section:
``(1) Brownfield site.--The term `brownfield site' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
``(2) Production facility.--The term `production facility'
has the meaning given the term in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014).
``(3) Retired fossil fuel site.--The term `retired fossil
fuel site' means the site of 1 or more fossil fuel electric
generation facilities that are retired or scheduled to retire,
including multi-unit facilities that are partially shut down.
``(4) Utilization facility.--The term `utilization
facility' has the meaning given the term in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014).
``(b) Authority.--The Appalachian Regional Commission may provide
technical assistance to, make grants to, enter into contracts with, or
otherwise provide amounts to individuals or entities in the Appalachian
region for projects and activities--
``(1) to conduct research and analysis regarding the
economic impact of siting, constructing, and operating a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site;
``(2) to assist with workforce training or retraining to
perform activities relating to the siting and operation of a
production facility or a utilization facility at a brownfield
site, including a retired fossil fuel site; and
``(3) to engage with the Nuclear Regulatory Commission, the
Department of Energy, and other Federal agencies with expertise
in civil nuclear energy.
``(c) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not
more than 50 percent may be provided from amounts made
available to carry out this section;
``(2) in the case of a project or activity to be carried
out in a county for which a distressed county designation is in
effect under section 14526, not more than 80 percent may be
provided from amounts made available to carry out this section;
and
``(3) in the case of a project or activity to be carried
out in a county for which an at-risk county designation is in
effect under section 14526, not more than 70 percent may be
provided from amounts made available to carry out this section.
``(d) Sources of Assistance.--Subject to subsection (c), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(e) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(b) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Appalachian Regional Commission Nuclear Energy Development.--
Of the amounts made available under subsection (a), $5,000,000 may be
used to carry out section 14512 for each of fiscal years 2023 through
2026.''.
(c) Clerical Amendment.--The analysis for subchapter I of chapter
145 of subtitle IV of title 40, United States Code, is amended by
striking the item relating to section 14511 and inserting the
following:
``14511. Appalachian regional energy hub initiative.
``14512. Appalachian Regional Commission nuclear energy development.''.
TITLE III--PRESERVING EXISTING NUCLEAR ENERGY GENERATION
SEC. 301. INVESTMENT BY ALLIES.
(a) In General.--The prohibitions against issuing certain licenses
for utilization facilities to certain corporations and other entities
described in the second sentence of section 103 d. of the Atomic Energy
Act of 1954 (42 U.S.C. 2133(d)) and the second sentence of section 104
d. of that Act (42 U.S.C. 2134(d)) shall not apply to an entity
described in subsection (b) if the Commission determines that issuance
of the applicable license to that entity is not inimical to--
(1) the common defense and security; or
(2) the health and safety of the public.
(b) Entities Described.--An entity referred to in subsection (a) is
a corporation or other entity that is owned, controlled, or dominated
by--
(1) the government of--
(A) a country that is a member of the Group of
Seven as of November 25, 2020, which includes the
United Kingdom, Germany, Canada, Japan, France, and
Italy; or
(B) the Republic of Korea;
(2) a corporation that is incorporated in a country
described in subparagraph (A) or (B) of paragraph (1); or
(3) an alien who is a national of a country described in
subparagraph (A) or (B) of paragraph (1).
(c) Technical Amendment.--Section 103 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence, by
striking ``any any'' and inserting ``any''.
(d) Savings Clause.--Nothing in this section affects the
requirements of section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565).
SEC. 302. EXTENSION OF THE PRICE-ANDERSON ACT.
(a) Extension.--Section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) (commonly known as the ``Price-Anderson Act'') is amended
by striking ``December 31, 2025'' each place it appears and inserting
``December 31, 2045''.
(b) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(p)) is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2041''.
TITLE IV--NUCLEAR FUEL CYCLE, SUPPLY CHAIN, INFRASTRUCTURE, AND
WORKFORCE
SEC. 401. REPORT ON ADVANCED METHODS OF MANUFACTURING AND CONSTRUCTION
FOR NUCLEAR ENERGY APPLICATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
committees of Congress a report (referred to in this section as the
``report'') on manufacturing and construction for nuclear energy
applications.
(b) Stakeholder Input.--In developing the report, the Commission
shall seek input from--
(1) the Secretary of Energy;
(2) the nuclear energy industry;
(3) National Laboratories;
(4) institutions of higher education;
(5) nuclear and manufacturing technology developers;
(6) the manufacturing and construction industries,
including manufacturing and construction companies with
operating facilities in the United States;
(7) standards development organizations;
(8) labor unions;
(9) nongovernmental organizations; and
(10) other public stakeholders.
(c) Contents.--
(1) In general.--The report shall--
(A) examine any unique licensing issues or
requirements relating to the use of innovative--
(i) advanced manufacturing processes;
(ii) advanced construction techniques; and
(iii) rapid improvement or iterative
innovation processes;
(B) examine--
(i) the requirements for nuclear-grade
components in manufacturing and construction
for nuclear energy applications;
(ii) opportunities to use standard
materials, parts, or components in
manufacturing and construction for nuclear
energy applications;
(iii) opportunities to use standard
materials that are in compliance with existing
codes to provide acceptable approaches to
support or encapsulate new materials that do
not yet have applicable codes; and
(iv) requirements relating to the transport
of a fueled advanced nuclear reactor core from
a manufacturing licensee to a licensee that
holds a license to construct and operate a
facility at a particular site;
(C) identify any safety aspects of innovative
advanced manufacturing processes and advanced
construction techniques that are not addressed by
existing codes and standards, so that generic guidance
may be updated or created, as necessary;
(D) identify options for addressing the issues,
requirements, and opportunities examined under
subparagraphs (A) and (B)--
(i) within the existing regulatory
framework; or
(ii) through a new rulemaking;
(E) identify how addressing the issues,
requirements, and opportunities examined under
subparagraphs (A) and (B) will impact opportunities for
domestic nuclear manufacturing and construction
developers; and
(F) describe the extent to which Commission action
is needed to implement any matter described in the
report.
(2) Cost estimates, budgets, and timeframes.--The report
shall include cost estimates, proposed budgets, and proposed
timeframes for implementing risk-informed and performance-based
regulatory guidance for manufacturing and construction for
nuclear energy applications.
SEC. 402. NUCLEAR ENERGY TRAINEESHIP.
Section 313 of division C of the Omnibus Appropriations Act, 2009
(42 U.S.C. 16274a), is amended--
(1) in subsection (a), by striking ``Nuclear Regulatory'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (c)'' after
``paragraph (2)'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph
(5); and
(B) by striking paragraph (1) and inserting the
following:
``(1) Advanced nuclear reactor.--The term `advanced nuclear
reactor' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
``(2) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
``(4) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).'';
(4) in subsection (d)(2), by striking ``Nuclear
Regulatory'';
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(6) by inserting after subsection (b) the following:
``(c) Nuclear Energy Traineeship Subprogram.--
``(1) In general.--The Commission shall establish, as a
subprogram of the Program, a nuclear energy traineeship
subprogram under which the Commission, in coordination with
institutions of higher education and trade schools, shall
competitively award traineeships that provide focused training
to meet critical mission needs of the Commission and nuclear
workforce needs, including needs relating to--
``(A) nuclear criticality safety; and
``(B) the nuclear tradecraft workforce.
``(2) Requirements.--In carrying out the nuclear energy
traineeship subprogram described in paragraph (1), the
Commission shall--
``(A) coordinate with the Secretary of Energy to
prioritize the funding of traineeships that focus on--
``(i) nuclear workforce needs; and
``(ii) critical mission needs of the
Commission;
``(B) encourage appropriate partnerships among--
``(i) National Laboratories;
``(ii) institutions of higher education;
``(iii) trade schools;
``(iv) the nuclear energy industry; and
``(v) other entities, as the Commission
determines to be appropriate; and
``(C) on an annual basis, evaluate nuclear
workforce needs for the purpose of implementing
traineeships in focused topical areas that--
``(i) address the workforce needs of the
nuclear energy community; and
``(ii) support critical mission needs of
the Commission.''.
SEC. 403. REPORT ON COMMISSION READINESS AND CAPACITY TO LICENSE
ADDITIONAL CONVERSION AND ENRICHMENT CAPACITY TO REDUCE
RELIANCE ON URANIUM FROM RUSSIA.
Not later than 180 days after the date of enactment of this Act,
the Commission shall submit to the appropriate committees of Congress a
report on the readiness and capacity of the Commission to license
additional conversion and enrichment capacity at existing and new fuel
cycle facilities to reduce reliance on nuclear fuel that is recovered,
converted, enriched, or fabricated by an entity that--
(1) is owned or controlled by the Government of the Russian
Federation; or
(2) is organized under the laws of, or otherwise subject to
the jurisdiction of, the Russian Federation.
SEC. 404. ANNUAL REPORT ON THE SPENT NUCLEAR FUEL AND HIGH-LEVEL
RADIOACTIVE WASTE INVENTORY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) High-level radioactive waste.--The term ``high-level
radioactive waste'' has the meaning given the term in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(3) Standard contract.--The term ``standard contract'' has
the meaning given the term ``contract'' in section 961.3 of
title 10, Code of Federal Regulations (or a successor
regulation).
(b) Report.--Not later than January 1, 2025, and annually
thereafter, the Secretary of Energy shall submit to Congress a report
that describes--
(1) the annual and cumulative amount of payments made by
the United States to the holder of a standard contract due to a
partial breach of contract under the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101 et seq.) resulting in financial
damages to the holder;
(2) the cumulative amount spent by the Department of Energy
since fiscal year 2008 to reduce future payments projected to
be made by the United States to any holder of a standard
contract due to a partial breach of contract under the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
(3) the cumulative amount spent by the Department of Energy
to store, manage, and dispose of spent nuclear fuel and high-
level radioactive waste in the United States as of the date of
the report;
(4) the projected lifecycle costs to store, manage,
transport, and dispose of the projected inventory of spent
nuclear fuel and high-level radioactive waste in the United
States, including spent nuclear fuel and high-level radioactive
waste expected to be generated from existing reactors through
2050;
(5) any mechanisms for better accounting of liabilities for
the lifecycle costs of the spent nuclear fuel and high-level
radioactive waste inventory in the United States; and
(6) any recommendations for improving the methods used by
the Department of Energy for the accounting of spent nuclear
fuel and high-level radioactive waste costs and liabilities.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS FOR SUPERFUND ACTIONS AT
ABANDONED MINING SITES ON TRIBAL LAND.
(a) Definitions.--In this section:
(1) Eligible non-npl site.--The term ``eligible non-NPL
site'' means a site--
(A) that is not on the National Priorities List;
but
(B) with respect to which the Administrator
determines that--
(i) the site would be eligible for listing
on the National Priorities List based on the
presence of hazards from contamination at the
site, applying the hazard ranking system
described in section 105(c) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9605(c)); and
(ii) for removal site evaluations,
engineering evaluations/cost analyses, remedial
planning activities, remedial investigations
and feasibility studies, and other actions
taken pursuant to section 104(b) of that Act
(42 U.S.C. 9604), the site--
(I) has undergone a pre-CERCLA
screening; and
(II) is included in the Superfund
Enterprise Management System.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(3) National priorities list.--The term ``National
Priorities List'' means the National Priorities List developed
by the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
(4) Remedial action; removal; response.--The terms
``remedial action'', ``removal'', and ``response'' have the
meanings given those terms in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(5) Tribal land.--The term ``Tribal land'' has the meaning
given the term ``Indian country'' in section 1151 of title 18,
United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2023 through 2032, to remain
available until expended--
(1) $97,000,000 to the Administrator to carry out this
section (except for subsection (d)); and
(2) $3,000,000 to the Administrator of the Agency for Toxic
Substances and Disease Registry to carry out subsection (d).
(c) Uses of Amounts.--Amounts appropriated under subsection (b)(1)
shall be used by the Administrator--
(1) to carry out removal actions on abandoned mine land
located on Tribal land;
(2) to carry out response actions, including removal and
remedial planning activities, removal and remedial studies,
remedial actions, and other actions taken pursuant to section
104(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)) on
abandoned mine land located on Tribal land at--
(A) eligible non-NPL sites; and
(B) sites listed on the National Priorities List;
and
(3) to make grants under subsection (e).
(d) Health Assessments.--Subject to the availability of
appropriations, the Agency for Toxic Substances and Disease Registry,
in coordination with Tribal health authorities, shall perform 1 or more
health assessments at each eligible non-NPL site that is located on
Tribal land, in accordance with section 104(i)(6) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(i)(6)).
(e) Tribal Grants.--
(1) In general.--The Administrator may use amounts
appropriated under subsection (b)(1) to make grants to eligible
entities described in paragraph (2) for the purposes described
in paragraph (3).
(2) Eligible entities described.--An eligible entity
referred to in paragraph (1) is--
(A) the governing body of an Indian Tribe; or
(B) a legally established organization of Indians
that--
(i) is controlled, sanctioned, or chartered
by the governing bodies of 2 or more Indian
Tribes to be served, or that is democratically
elected by the adult members of the Indian
community to be served, by that organization;
and
(ii) includes the maximum participation of
Indians in all phases of the activities of that
organization.
(3) Use of grant funds.--A grant under this subsection
shall be used--
(A) in accordance with the second sentence of
section 117(e)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9617(e)(1));
(B) for obtaining technical assistance in carrying
out response actions under subparagraph (C); or
(C) for carrying out response actions, if the
Administrator determines that the Indian Tribe has the
capability to carry out any or all of those response
actions in accordance with the criteria and priorities
established pursuant to section 105(a)(8) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)).
(4) Applications.--An eligible entity desiring a grant
under this subsection shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
(5) Limitations.--A grant under this subsection shall be
governed by the rules, procedures, and limitations described in
section 117(e)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9617(e)(2)),
except that--
(A) ``Administrator of the Environmental Protection
Agency'' shall be substituted for ``President'' each
place it appears in that section; and
(B) in the first sentence of that section, ``under
section 405 of the ADVANCE Act of 2023'' shall be
substituted for ``under this subsection''.
(f) Statute of Limitations.--If a remedial action described in
subsection (c)(2) is scheduled at an eligible non-NPL site, no action
may be commenced for damages (as defined in section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601)) with respect to that eligible non-NPL site
unless the action is commenced within the timeframe provided for such
actions with respect to facilities on the National Priorities List in
the first sentence of the matter following subparagraph (B) of section
113(g)(1) of that Act (42 U.S.C. 9613(g)(1)).
(g) Coordination.--The Administrator shall coordinate with the
Indian Tribe on whose land the applicable site is located in--
(1) selecting and prioritizing sites for response actions
under paragraphs (1) and (2) of subsection (c); and
(2) carrying out those response actions.
SEC. 406. DEVELOPMENT, QUALIFICATION, AND LICENSING OF ADVANCED NUCLEAR
FUEL CONCEPTS.
(a) In General.--The Commission shall establish an initiative to
enhance preparedness and coordination with respect to the qualification
and licensing of advanced nuclear fuel.
(b) Agency Coordination.--Not later than 180 days after the date of
enactment of this Act, the Commission and the Secretary of Energy shall
enter into a memorandum of understanding--
(1) to share technical expertise and knowledge through--
(A) enabling the testing and demonstration of
accident tolerant fuels for existing commercial nuclear
reactors and advanced nuclear reactor fuel concepts to
be proposed and funded, in whole or in part, by the
private sector;
(B) operating a database to store and share data
and knowledge relevant to nuclear science and
engineering between Federal agencies and the private
sector;
(C) leveraging expertise with respect to safety
analysis and research relating to advanced nuclear
fuel; and
(D) enabling technical staff to actively observe
and learn about technologies, with an emphasis on
identification of additional information needed with
respect to advanced nuclear fuel; and
(2) to ensure that--
(A) the Department of Energy has sufficient
technical expertise to support the timely research,
development, demonstration, and commercial application
of advanced nuclear fuel;
(B) the Commission has sufficient technical
expertise to support the evaluation of applications for
licenses, permits, and design certifications and other
requests for regulatory approval for advanced nuclear
fuel;
(C)(i) the Department of Energy maintains and
develops the facilities necessary to enable the timely
research, development, demonstration, and commercial
application by the civilian nuclear industry of
advanced nuclear fuel; and
(ii) the Commission has access to the facilities
described in clause (i), as needed; and
(D) the Commission consults, as appropriate, with
the modeling and simulation experts at the Office of
Nuclear Energy of the Department of Energy, at the
National Laboratories, and within industry fuel vendor
teams in cooperative agreements with the Department of
Energy to leverage physics-based computer modeling and
simulation capabilities.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report describing the
efforts of the Commission under subsection (a), including--
(A) an assessment of the preparedness of the
Commission to review and qualify for use--
(i) accident tolerant fuel;
(ii) ceramic cladding materials;
(iii) fuels containing silicon carbide;
(iv) high-assay, low-enriched uranium
fuels;
(v) molten-salt based liquid fuels;
(vi) fuels derived from spent nuclear fuel
or depleted uranium; and
(vii) other related fuel concepts, as
determined by the Commission;
(B) activities planned or undertaken under the
memorandum of understanding described in subsection
(b);
(C) an accounting of the areas of research needed
with respect to advanced nuclear fuel; and
(D) any other challenges or considerations
identified by the Commission.
(2) Consultation.--In developing the report under paragraph
(1), the Commission shall seek input from--
(A) the Secretary of Energy;
(B) National Laboratories;
(C) the nuclear energy industry;
(D) technology developers;
(E) nongovernmental organizations; and
(F) other public stakeholders.
TITLE V--IMPROVING COMMISSION EFFICIENCY
SEC. 501. COMMISSION WORKFORCE.
(a) Definition of Chairman.--In this section, the term ``Chairman''
means the Chairman of the Commission.
(b) Appointment Authority.--
(1) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)), any provision of
Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C.
app.) governing appointments, and any provision of title 5,
United States Code, governing appointments and General Schedule
classification and pay rates, the Chairman may appoint persons
to the positions described in paragraph (2), subject to the
limitation described in paragraph (3), without regard to the
civil service laws.
(2) Positions described.--The positions referred to in
paragraph (1) are--
(A) positions with highly specialized scientific,
engineering, and technical competencies to address a
critical need for the Commission, including--
(i) health physicist;
(ii) reactor operations engineer;
(iii) human factors analyst or engineer;
(iv) risk and reliability analyst or
engineer;
(v) licensing project manager;
(vi) reactor engineer for severe accidents;
(vii) geotechnical engineer;
(viii) structural engineer;
(ix) reactor systems engineer;
(x) reactor engineer;
(xi) radiation scientist; and
(xii) electronics engineer; or
(B) positions to be filled by exceptionally well-
qualified individuals that the Commission determines
are necessary to fulfill the mission of the Commission.
(3) Limitation.--The Chairman may appoint persons to not
more than--
(A) 90 positions described in paragraph (2)(A); and
(B) 90 positions described in paragraph (2)(B).
(4) Hiring bonus.--The Commission may pay any employee
appointed under paragraph (1) a 1-time hiring bonus in an
amount not to exceed the least of--
(A) $25,000;
(B) the amount equal to 15 percent of the annual
rate of basic pay of the employee; and
(C) the amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
(5) Application of merit system principles.--To the maximum
extent practicable, the Chairman shall appoint persons under
paragraph (1) to the positions described in paragraph (2) in
accordance with the merit system principles set forth in
section 2301 of title 5, United States Code.
(c) Compensation Authority.--
(1) In general.--Notwithstanding section 161 d. of the
Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) and chapter 51,
and subchapter III of chapter 53, of title 5, United States
Code, the Chairman may fix the rate of basic pay for the
positions of individuals described in paragraph (2), subject to
the limitation described in paragraph (3), in accordance with
this subsection.
(2) Individuals described.--The individuals referred to in
paragraph (1) are--
(A) individuals with highly specialized scientific,
engineering, and technical competencies to address a
critical need for the Commission, including individuals
with expertise in--
(i) health physics;
(ii) reactor operations engineering;
(iii) human factors analysis or
engineering;
(iv) risk and reliability analysis or
engineering;
(v) licensing project management;
(vi) reactor engineering for severe
accidents;
(vii) geotechnical engineering;
(viii) structural engineering;
(ix) reactor systems engineering;
(x) reactor engineering;
(xi) radiation science; and
(xii) electronics engineering; or
(B) exceptionally well-qualified individuals that
the Commission determines are necessary to fulfill the
mission of the Commission.
(3) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), the annual rate of basic pay for an individual
described in paragraph (2) may not exceed the per annum
rate of salary payable for level III of the Executive
Schedule under section 5314 of title 5, United States
Code, without regard to the civil service laws.
(B) Certain positions.--The Chairman may set the
annual rate of basic pay for an individual described in
paragraph (2) for not more than--
(i) 90 persons appointed to positions
described in paragraph (2)(A); and
(ii) 90 persons appointed to positions
described in paragraph (2)(B).
(d) No Delegation.--The Chairman may not delegate the authority
provided by subsection (b) or (c).
(e) Annual Solicitation for Nuclear Regulator Apprenticeship
Network Applications.--The Chairman, on an annual basis, shall solicit
applications for the Nuclear Regulator Apprenticeship Network.
(f) Report.--The Chairman shall include in the annual budget
justification of the Commission information that describes--
(1) the total number of and the positions of the persons
appointed under the authority provided by subsection (b);
(2) the total number of and the positions of the persons
paid at the rate determined under the authority provided by
subsection (c);
(3) how the authority provided by subsections (b) and (c)
is being used, and has been used during the previous fiscal
year, to address the hiring and retention needs of the
Commission with respect to the positions described in those
subsections to which that authority is applicable; and
(4) if the authority provided by subsections (b) and (c) is
not being used, or has not been used, the reasons, including a
justification, for not using that authority.
SEC. 502. COMMISSION CORPORATE SUPPORT FUNDING.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress and make publicly available a report that describes--
(1) the progress on the implementation of section 102(a)(3)
of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215(a)(3)); and
(2) whether the Commission is meeting and is expected to
meet the total budget authority caps required for corporate
support under that section.
(b) Limitation on Corporate Support Costs.--Section 102(a)(3) of
the Nuclear Energy Innovation and Modernization Act (42 U.S.C.
2215(a)(3)) is amended by striking subparagraphs (B) and (C) and
inserting the following:
``(B) 30 percent for fiscal year 2024 and each
fiscal year thereafter.''.
(c) Corporate Support Costs Clarification.--Paragraph (9) of
section 3 of the Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215 note; Public Law 115-439) (as redesignated by section
201(a)(1)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(2) by adding at the end the following:
``(B) Exclusions.--The term `corporate support
costs' does not include--
``(i) costs for rent and utilities relating
to any and all space in the Three White Flint
North building that is not occupied by the
Commission; or
``(ii) costs for salaries, travel, and
other support for the Office of the
Commission.''.
SEC. 503. PERFORMANCE AND REPORTING UPDATE.
Section 102(c) of the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215(c)) is amended--
(1) in paragraph (3)--
(A) in the paragraph heading, by striking ``180''
and inserting ``90''; and
(B) by striking ``180'' and inserting ``90''; and
(2) by adding at the end the following:
``(4) Periodic updates to metrics and schedules.--
``(A) Review and assessment.--Not less frequently
than once every 3 years, the Commission shall review
and assess, based on the licensing and regulatory
activities of the Commission, the performance metrics
and milestone schedules established under paragraph
(1).
``(B) Revisions.--After each review and assessment
under subparagraph (A), the Commission shall revise and
improve, as appropriate, the performance metrics and
milestone schedules described in that subparagraph to
provide the most efficient metrics and schedules
reasonably achievable.''.
TITLE VI--MISCELLANEOUS
SEC. 601. NUCLEAR CLOSURE COMMUNITIES.
(a) Definitions.--In this section:
(1) Community advisory board.--The term ``community
advisory board'' means a community committee or other advisory
organization that aims to foster communication and information
exchange between a licensee planning for and involved in
decommissioning activities and members of the community that
decommissioning activities may affect.
(2) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
(3) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3122).
(4) Licensee.--The term ``licensee'' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
(5) Nuclear closure community.--The term ``nuclear closure
community'' means a unit of local government, including a
county, city, town, village, school district, or special
district, that has been impacted, or reasonably demonstrates to
the satisfaction of the Secretary that it will be impacted, by
a nuclear power plant licensed by the Commission that--
(A) is not co-located with an operating nuclear
power plant;
(B) is at a site with spent nuclear fuel; and
(C) as of the date of enactment of this Act--
(i) has ceased operations; or
(ii) has provided a written notification to
the Commission that it will cease operations.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of Commerce
for Economic Development.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a grant program to
provide grants to eligible recipients--
(1) to assist with economic development in nuclear closure
communities; and
(2) to fund community advisory boards in nuclear closure
communities.
(c) Requirement.--In carrying out this section, to the maximum
extent practicable, the Secretary shall implement the recommendations
described in the report submitted to Congress under section 108 of the
Nuclear Energy Innovation and Modernization Act (Public Law 115-439;
132 Stat. 5577) entitled ``Best Practices for Establishment and
Operation of Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants''.
(d) Distribution of Funds.--The Secretary shall establish a formula
to ensure, to the maximum extent practicable, geographic diversity
among grant recipients under this section.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary--
(A) to carry out subsection (b)(1), $35,000,000 for
each of fiscal years 2023 through 2028; and
(B) to carry out subsection (b)(2), $5,000,000 for
each of fiscal years 2023 through 2025.
(2) Availability.--Amounts made available under this
section shall remain available for a period of 5 years
beginning on the date on which the amounts are made available.
(3) No offset.--None of the funds made available under this
section may be used to offset the funding for any other Federal
program.
SEC. 602. TECHNICAL CORRECTION.
Section 104 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(c))
is amended--
(1) by striking the third sentence and inserting the
following:
``(3) Limitation on utilization facilities.--The Commission
may issue a license under this section for a utilization
facility useful in the conduct of research and development
activities of the types specified in section 31 if--
``(A) not more than 75 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale, other than for research and
development or education and training, of--
``(i) nonenergy services;
``(ii) energy; or
``(iii) a combination of nonenergy services
and energy; and
``(B) not more than 50 percent of the annual costs
to the licensee of owning and operating the facility
are devoted to the sale of energy.'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(2) Regulation.--The Commission''; and
(3) by striking ``c. The Commission'' and inserting the
following:
``c. Research and Development Activities.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission''.
<all>
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118S1112 | Department of Energy and Nuclear Regulatory Commission Whistleblower Protection Act | [
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"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1112 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1112
To amend the Energy Reorganization Act of 1974 to clarify whistleblower
rights and protections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Duckworth (for herself, Mr. Grassley, Mr. Wyden, Mr. Lankford, and
Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Reorganization Act of 1974 to clarify whistleblower
rights and 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 ``Department of Energy and Nuclear
Regulatory Commission Whistleblower Protection Act''.
SEC. 2. CLARIFICATION OF WHISTLEBLOWER RIGHTS AND PROTECTIONS.
Section 211 of the Energy Reorganization Act of 1974 (42 U.S.C.
5851) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``person in'' and inserting ``employer in'';
and
(ii) in the second sentence, by striking
``the person'' and inserting ``the employer'';
and
(B) in paragraph (2)--
(i) by striking ``the person'' each place
it appears and inserting ``the employer''; and
(ii) in subparagraph (B), in the first
sentence, by striking ``such person'' and
inserting ``such employer'';
(2) in subsection (d), in the first sentence, by striking
``a person'' and inserting ``an employer''; and
(3) in subsection (e)(1), in the first sentence, by
striking ``the person'' and inserting ``the employer''.
<all>
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118S1113 | Nurse Staffing Standards for Hospital Patient Safety and Quality Care Act of 2023 | [
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"sponsor"
],
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"P000145",
"Sen. Padilla, Alex [D-CA]",
"cosponsor"
],
[
"S000770",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1113 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1113
To amend the Public Health Service Act to establish direct care
registered nurse-to-patient staffing ratio requirements in hospitals,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Brown (for himself, Ms. Baldwin, Ms. Warren, Mr. Padilla, Ms.
Stabenow, Mr. Markey, and Mr. Sanders) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish direct care
registered nurse-to-patient staffing ratio requirements in hospitals,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Nurse Staffing
Standards for Hospital Patient Safety and Quality Care Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Minimum direct care registered nurse staffing requirement.
Sec. 3. Enforcement of requirements through Federal programs.
Sec. 4. Nurse workforce initiative.
(c) Findings.--Congress finds the following:
(1) The Federal Government has a substantial interest in
promoting quality care and improving the delivery of health
care services to patients in health care facilities in the
United States.
(2) Recent changes in health care delivery systems that
have resulted in higher acuity levels among patients in health
care facilities increase the need for improved quality measures
in order to protect patient care and reduce the incidence of
medical errors.
(3) Inadequate and poorly monitored registered nurse
staffing practices that result in too few registered nurses
providing direct care jeopardize the delivery of quality health
care services.
(4) Numerous studies have shown that patient outcomes are
directly correlated to direct care registered nurse staffing
levels, including a 2010 Health Services Research study that
concluded that implementation of minimum nurse-to-patient
staffing ratios in California has led to improved patient
outcomes and nurse retention and a 2014 Agency for Healthcare
Research and Quality study that concluded increases in nurse
staffing and skill mix lead to improved quality and reduced
length of stay at no additional cost.
(5) Requirements for direct care registered nurse staffing
ratios will help address the registered nurse shortage in the
United States by aiding in recruitment of new registered nurses
and improving retention of registered nurses who are
considering leaving direct patient care because of demands
created by inadequate staffing.
(6) Establishing adequate minimum direct care registered
nurse-to-patient ratios that take into account patient acuity
measures will improve the delivery of quality health care
services and guarantee patient safety.
(7) Establishing safe staffing standards for direct care
registered nurses is a critical component of assuring that
there is adequate hospital staffing at all levels to improve
the delivery of quality care and protect patient safety.
SEC. 2. MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT.
(a) Minimum Direct Care Registered Nurse Staffing Requirements.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following new title:
``TITLE XXXIV--MINIMUM DIRECT CARE REGISTERED NURSE STAFFING
REQUIREMENT
``SEC. 3401. MINIMUM NURSE STAFFING REQUIREMENT.
``(a) Staffing Plan.--
``(1) In general.--A hospital shall implement a staffing
plan that--
``(A) provides adequate, appropriate, and quality
delivery of health care services and protects patient
safety; and
``(B) is consistent with the requirements of this
title.
``(2) Effective dates.--
``(A) Implementation of staffing plan.--Subject to
subparagraph (B), the requirements under paragraph (1)
shall take effect on a date to be determined by the
Secretary, but not later than 1 year after the date of
the enactment of this title.
``(B) Application of minimum direct care registered
nurse-to-patient ratios.--The requirements under
subsection (b) shall take effect as soon as
practicable, as determined by the Secretary, but not
later than--
``(i) 2 years after the date of enactment
of this title; and
``(ii) in the case of a hospital in a rural
area (as defined in section 1886(d)(2)(D) of
the Social Security Act), 4 years after the
date of enactment of this title.
``(b) Minimum Direct Care Registered Nurse-to-Patient Ratios.--
``(1) In general.--Except as provided in paragraph (4) and
other provisions of this section, a hospital's staffing plan
shall provide that, at all times during each shift within a
unit of the hospital, and with a full complement of ancillary
and support staff, a direct care registered nurse may be
assigned to not more than the following number of patients in
that unit:
``(A) One patient in trauma emergency units.
``(B) One patient in operating room units, provided
that a minimum of 1 additional person serves as a scrub
assistant in such unit.
``(C) Two patients in critical care units,
including neonatal intensive care units, emergency
critical care and intensive care units, labor and
delivery units, coronary care units, acute respiratory
care units, postanesthesia units, and burn units.
``(D) Three patients in emergency room units,
pediatrics units, stepdown units, telemetry units,
antepartum units, and combined labor, deliver, and
postpartum units.
``(E) Four patients in medical-surgical units,
intermediate care nursery units, acute care psychiatric
units, and other specialty care units.
``(F) Five patients in rehabilitation units and
skilled nursing units.
``(G) Six patients in postpartum (3 couplets) units
and well-baby nursery units.
``(2) Similar units with different names.--The Secretary
may apply minimum direct care registered nurse-to-patient
ratios established in paragraph (1) for a hospital unit
referred to in such paragraph to a type of hospital unit not
referred to in such paragraph if such type of hospital unit
provides a level of care to patients whose needs are similar to
the needs of patients cared for in the hospital unit referred
to in such paragraph.
``(3) Application of ratios to hospital nursing practice
standards.--
``(A) In general.--A patient assignment may be
included in the calculation of the direct care
registered nurse-to-patient ratios required in this
subsection only if care is provided by a direct care
registered nurse and the provision of care to the
particular patient is within that direct care
registered nurse's competence.
``(B) Demonstration of unit-specific competence.--A
hospital shall not assign a direct care registered
nurse to a hospital unit unless that hospital
determines that the direct care registered nurse has
demonstrated current competence in providing care in
that unit, and has also received orientation to that
hospital's unit sufficient to provide competent care to
patients in that unit.
``(C) Duties of the assigned direct care registered
nurse.--Each patient shall be assigned to a direct care
registered nurse who shall directly provide the
assessment, planning, supervision, implementation, and
evaluation of the nursing care provided to the patient
at least every shift and has the responsibility for the
provision of care to a particular patient within his or
her scope of practice.
``(D) Nurse administrators and supervisors.--A
registered nurse who is a nurse administrator, nurse
supervisor, nurse manager, charge nurse, case manager,
or any other hospital administrator or supervisor,
shall not be included in the calculation of the direct
care registered nurse-to-patient ratio unless that
nurse has a current and active direct patient care
assignment and provides direct patient care in
compliance with the requirements of this section,
including competency requirements. The exemption in
this subsection shall apply only during the hours in
which the individual registered nurse has the principal
responsibility of providing direct patient care and has
no additional job duties as would a direct care
registered nurse.
``(E) Other personnel.--Other personnel may perform
patient care tasks based on their training and
demonstrated skill but may not perform or assist in
direct care registered nurse functions unless
authorized to do in accordance with State scope of
practice laws and regulations.
``(F) Temporary nursing personnel.--A hospital
shall not assign any nursing personnel from temporary
nursing agencies patient care to any hospital unit
without such personnel having demonstrated competence
on the assigned unit and received orientation to that
hospital's unit sufficient to provide competent care to
patients in that unit.
``(G) Ancillary and additional staffing.--The need
for additional staffing of direct care registered
nurses, licensed vocational or practical nurses,
licensed psychiatric technicians, certified nursing or
patient care assistants, or other licensed or
unlicensed ancillary staff above the minimum registered
nurse-to-patient ratios shall be based on the
assessment of the individual patient's nursing care
requirement, the individual patient's nursing care
plan, and acuity level.
``(4) Restrictions.--
``(A) Prohibition against averaging.--A hospital
shall not average the number of patients and the total
number of direct care registered nurses assigned to
patients in a hospital unit during any 1 shift or over
any period of time for purposes of meeting the
requirements under this subsection.
``(B) Prohibition against imposition of mandatory
overtime requirements.--A hospital shall not impose
mandatory overtime requirements to meet the hospital
unit direct care registered nurse-to-patient ratios
required under this subsection.
``(C) Relief during routine absences.--A hospital
shall ensure that only a direct care registered nurse
who has demonstrated current competence to the hospital
in providing care on a particular unit and has also
received orientation to that hospital's unit sufficient
to provide competent care to patients in that unit may
relieve another direct care registered nurse during
breaks, meals, and other routine, expected absences
from a hospital unit.
``(D) Application of direct care registered nurse-
to-patient ratios in patient-acuity adjustable units.--
Patients shall be cared for only on units or patient
care areas where the direct care registered nurse-to-
patient ratios meet the level of intensity, type of
care, and the individual requirements and needs of each
patient. Notwithstanding paragraph (2), hospitals that
provide patient care in units or patient care areas
that are acuity adaptable or acuity adjustable shall
apply the direct care registered nurse-to-patient ratio
required in this section for the highest patient acuity
level or level of care in that unit or patient care
area, and shall comply with all other requirements of
this section.
``(E) Use of video monitors.--A hospital shall not
employ video monitors or any form of electronic
visualization of a patient as a substitute for the
direct observation required for patient assessment by
the direct care registered nurse or required for
patient protection. Video monitors or any form of
electronic visualization of a patient shall not be
included in the calculation of the direct care
registered nurse-to-patient ratio required in this
subsection and shall not replace the requirement of
paragraph (3)(D) that each patient shall be assigned to
a direct care registered nurse who shall directly
provide the assessment, planning, supervision,
implementation, and evaluation of the nursing care
provided to the patient at least every shift and have
the responsibility for the provision of care to a
particular patient within his or her scope of practice.
``(F) Use of other technology.--A hospital shall
not employ technology that substitutes for the assigned
registered nurse's professional judgment in assessment,
planning, implementation, and evaluation of care.
``(5) Adjustment of ratios.--
``(A) In general.--If necessary to protect patient
safety, the Secretary may prescribe regulations that--
``(i) increase minimum direct care
registered nurse-to-patient ratios under this
subsection to reduce the number of patients
that may be assigned to each direct care nurse;
or
``(ii) add minimum direct care registered
nurse-to-patient ratios for units not referred
to in paragraphs (1) and (2).
``(B) Consultation.--Such regulations shall be
prescribed after consultation with affected hospitals
and registered nurses.
``(6) Ancillary and additional staffing.--
``(A) In general.--The Secretary may prescribe
regulations requiring additional staffing of direct
care registered nurses, licensed vocational or practice
nurses, licensed psychiatric technicians, certified
nursing or patient care assistants, or other licensed
or unlicensed ancillary staff above the minimum
registered nurse-to-patient ratios that is based on the
assessment of the individual patient's nursing care
needs, the individual patient's nursing care plan, and
acuity level.
``(B) Consultation.--Such regulations shall be
prescribed after consultation with affected hospitals,
registered nurses, and ancillary staff.
``(7) Relationship to state-imposed ratios.--Nothing in
this title shall preempt State standards that the Secretary
determines to be as stringent as Federal requirements for a
staffing plan established under this title. Minimum direct care
registered nurse-to-patient ratios established under this
subsection shall not preempt State requirements that the
Secretary determines are as stringent as to Federal
requirements for direct care registered nurse-to-patient ratios
established under this title.
``(8) Exemption in emergencies.--The requirements
established under this subsection shall not apply during a
state of emergency if a hospital is requested or expected to
provide an exceptional level of emergency or other medical
services. If a hospital seeks to apply the exemption under this
paragraph in response to a complaint filed against the hospital
for a violation of the provisions of this title, the hospital
must demonstrate that prompt and diligent efforts were made to
maintain required staffing levels. The Secretary shall issue
guidance to hospitals that describes situations that constitute
a state of emergency for purposes of the exemption under this
paragraph and shall establish necessary penalties for
violations of this paragraph consistent with section 3406.
``(c) Development and Reevaluation of Staffing Plan.--
``(1) Considerations in development of plan.--In developing
the staffing plan, a hospital shall provide for direct care
registered nurse-to-patient ratios above the minimum direct
care registered nurse-to-patient ratios required under
subsection (b) if appropriate based upon consideration of, at
minimum, the following factors:
``(A) The number of patients on a particular unit
on a shift-by-shift basis.
``(B) The acuity level and nursing care plan of
patients on a particular unit on a shift-by-shift
basis.
``(C) The anticipated admissions, discharges, and
transfers of patients during each shift that impacts
direct patient care.
``(D) Specialized experience required of direct
care registered nurses on a particular unit.
``(E) Staffing levels and services provided by
licensed vocational or practical nurses, licensed
psychiatric technicians, certified nurse assistants, or
other ancillary staff in meeting direct patient care
needs not required by a direct care registered nurse.
``(F) The level of familiarity with hospital
practices, policies, and procedures by temporary agency
direct care registered nurses used during a shift.
``(G) Obstacles to efficiency in the delivery of
patient care presented by physical layout.
``(2) Documentation of staffing.--A hospital shall specify
the system used to document actual staffing in each unit for
each shift.
``(3) Annual reevaluation of plan.--
``(A) In general.--A hospital shall annually
evaluate its staffing plan in each unit in relation to
actual patient care requirements.
``(B) Update.--A hospital shall update its staffing
plan to the extent appropriate based on such
evaluation.
``(4) Transparency.--
``(A) In general.--Any staffing plan or method used
to create and evaluate acuity-level and adopted by a
hospital under this section shall be transparent in all
respects, including disclosure of detailed
documentation of the methodology used to determine
nursing staffing, identifying each factor, assumption,
and value used in applying such methodology.
``(B) Public availability.--The Secretary shall
establish procedures to provide that the documentation
submitted under subsection (d) is available for public
inspection in its entirety.
``(5) Registered nurse participation.--A staffing plan of a
hospital--
``(A) shall be developed and subsequent
reevaluations shall be conducted under this subsection
on the basis of input from direct care registered
nurses at the hospital from each unit or patient care
area; and
``(B) where such nurses are represented through
collective bargaining, shall require bargaining with
the applicable recognized or certified collective
bargaining representative of such nurses.
Nothing in this title shall be construed to permit conduct
prohibited under the National Labor Relations Act (29 U.S.C.
151 et seq.) or chapter 71 of title 5, United States Code.
``(6) Staffing committees.--If a hospital maintains a
staffing committee, then the committee shall include at least
one registered nurse from each hospital unit and shall be
composed of at least 50 percent direct care registered nurses.
The staffing committee shall include meaningful representation
of other direct care nonmanagement staff. Direct care
registered nurses who serve on the committee shall be selected
by other direct care registered nurses from their unit. Other
direct care nonmanagement staff shall be selected by other
direct care nonmanagement staff. Participation on staffing
committees shall be considered a part of the employee's
regularly scheduled workweek.
``(d) Submission of Plan to Secretary.--A hospital shall submit to
the Secretary its staffing plan and any annual updates under subsection
(c)(3)(B). A federally operated hospital may submit its staffing plan
through the department or agency operating the hospital.
``SEC. 3402. POSTING, RECORDS, AND AUDITS.
``(a) Posting Requirements.--In each unit, a hospital shall post a
uniform notice in a form specified by the Secretary in regulation
that--
``(1) explains requirements imposed under section 3401;
``(2) includes actual direct care registered nurse-to-
patient ratios during each shift;
``(3) includes the actual number and titles of direct care
registered nurses assigned during each shift; and
``(4) is visible, conspicuous, and accessible to staff,
patients, and the public.
``(b) Records.--
``(1) Maintenance of records.--Each hospital shall maintain
accurate records of actual direct care registered nurse-to-
patient ratios in each unit for each shift for no less than 3
years. Such records shall include--
``(A) the number of patients in each unit;
``(B) the identity and duty hours of--
``(i) each direct care registered nurse
assigned to each patient in each unit in each
shift; and
``(ii) ancillary staff who are under the
coordination of the direct care registered
nurse;
``(C) certification that each nurse received rest
and meal breaks and the identity and duty hours of each
direct care registered nurse who provided such relief;
and
``(D) a copy of each notice posted under subsection
(a).
``(2) Availability of records.--Each hospital shall make
its records maintained under paragraph (1) available to--
``(A) the Secretary;
``(B) registered nurses and their collective
bargaining representatives (if any); and
``(C) the public under regulations established by
the Secretary, or in the case of a federally operated
hospital, under section 552 of title 5, United States
Code (commonly known as the Freedom of Information
Act).
``(c) Audits.--The Secretary shall conduct periodic audits to
ensure--
``(1) implementation of the staffing plan in accordance
with this title; and
``(2) accuracy in records maintained under this section.
``SEC. 3403. MINIMUM DIRECT CARE LICENSED PRACTICAL NURSE STAFFING
REQUIREMENTS.
``(a) Establishment.--A hospital's staffing plan shall comply with
minimum direct care licensed practical nurse staffing requirements that
the Secretary establishes for units in hospitals. Such staffing
requirements shall be established not later than 18 months after the
date of the enactment of this title, and shall be based on the study
conducted under subsection (b).
``(b) Study.--Not later than 1 year after the date of the enactment
of this title, the Secretary, acting through the Director of the Agency
for Healthcare Research and Quality, shall complete a study of licensed
practical nurse staffing and its effects on patient care in hospitals.
The Director may contract with a qualified entity or organization to
carry out such study under this paragraph. The Director shall consult
with licensed practical nurses and organizations representing licensed
practical nurses regarding the design and conduct of the study.
``(c) Application of Registered Nurse Provisions to Licensed
Practical Nurse Staffing Requirements.--Paragraphs (2), (4)(A), (4)(B),
(4)(C), and (6) of section 3401(b), paragraphs (1), (2), (3), and (4)
of section 3401(c), and section 3402 shall apply to the establishment
and application of direct care licensed practical nurse staffing
requirements under this section pursuant to the additional staffing
requirements under subsection (b)(3)(G) of section 3401 and in the same
manner that they apply to the establishment and application of direct
care registered nurse-to-patient ratios under sections 3401 and 3402.
``(d) Effective Date.--The requirements of this section shall take
effect as soon as practicable, as determined by the Secretary, but not
later than--
``(1) 2 years after the date of the enactment of this
title; and
``(2) in the case of a hospital in a rural area (as defined
in section 1886(d)(2)(D) of the Social Security Act), 4 years
after the date of the enactment of this title.
``(e) Study.--Not later than 1 year after the date of the enactment
of this title, the Secretary, acting through the Director of the Agency
for Healthcare Research and Quality shall complete a study of
registered and practical nurse staffing requirements in clinics and
other outpatient settings, and its effects on patient care in
outpatient settings. The Director may contract with a qualified entity
or organization to carry out such study under this subsection. The
Director shall consult with registered nurses and licensed practice
nurses working in outpatient settings, including professional nursing
associations and labor organizations representing both registered and
practice nurses working in outpatient settings regarding the design and
conduct of the study.
``SEC. 3404. ADJUSTMENT IN REIMBURSEMENT.
``(a) Medicare Reimbursement.--The Secretary shall adjust payments
made to hospitals (other than federally operated hospitals) under title
XVIII of the Social Security Act in an amount equal to the net amount
of additional costs incurred in providing services to Medicare
beneficiaries that are attributable to compliance with requirements
imposed under sections 3401 through 3403. The amount of such payment
adjustments shall take into account recommendations contained in the
report submitted by the Medicare Payment Advisory Commission under
subsection (c).
``(b) Authorization of Appropriation for Federally Operated
Hospitals.--There are authorized to be appropriated such additional
sums as are required for federally operated hospitals to comply with
the additional requirements established under sections 3401 through
3403.
``(c) MedPAC Report.--Not later than 2 years after the date of the
enactment of this title, the Medicare Payment Advisory Commission
(established under section 1805 of the Social Security Act) shall
submit to Congress and the Secretary a report estimating total costs
and savings attributable to compliance with requirements imposed under
sections 3401 through 3403. Such report shall include recommendations
on the need, if any, to adjust reimbursement for Medicare payments
under subsection (a).
``SEC. 3405. WHISTLEBLOWER AND PATIENT PROTECTIONS.
``(a) Professional Obligation and Rights.--All nurses have a duty
and right to act based on their professional judgment in accordance
with State nursing laws and regulations of the State in which the
direct nursing care is being performed and to provide care in the
exclusive interests of the patients and to act as the patient's
advocate.
``(b) Acceptance of Patient Care Assignments.--The nurse is
responsible for providing competent, safe, therapeutic, and effective
nursing care to assigned patients. Before accepting a patient
assignment, a nurse shall--
``(1) have the necessary professional knowledge, judgment,
skills, and ability to provide the required care;
``(2) determine using professional judgment in accordance
with State nursing laws and regulations of the State in which
the direct nursing care is being performed whether the nurse is
competent to perform the nursing care required; and
``(3) determine whether acceptance of a patient assignment
would expose the patient or nurse to risk of harm.
``(c) Objection to or Refusal of Assignment.--A nurse may object
to, or refuse to participate in, any activity, policy, practice,
assignment, or task if in good faith--
``(1) the nurse reasonably believes it to be in violation
of section 3401 or 3403; or
``(2) the nurse is not prepared by education, training, or
experience to fulfill the assignment without compromising the
safety of any patient or jeopardizing the license of the nurse.
``(d) Retaliation for Objection to or Refusal of Assignment
Barred.--
``(1) No discharge, discrimination, or retaliation.--No
hospital shall discharge, retaliate, discriminate, or otherwise
take adverse action in any manner with respect to any aspect of
a nurse's employment (as defined in section 3407), including
discharge, promotion, compensation, or terms, conditions, or
privileges of employment, based on the nurse's refusal of a
work assignment under subsection (c).
``(2) No filing of complaint.--No hospital shall file a
complaint or a report against a nurse with a State professional
disciplinary agency because of the nurse's refusal of a work
assignment under subsection (c).
``(e) Cause of Action.--Any nurse, collective bargaining
representative, or legal representative of any nurse who has been
discharged, discriminated against, or retaliated against in violation
of subsection (d)(1) or against whom a complaint or report has been
filed in violation of subsection (d)(2) may (without regard to whether
a complaint has been filed under subsection (f) of this section or
subsection (b) of section 3406) bring a cause of action in a United
States district court. A nurse who prevails on the cause of action
shall be entitled to one or more of the following:
``(1) Reinstatement.
``(2) Reimbursement of lost wages, compensation, and
benefits.
``(3) Attorneys' fees.
``(4) Court costs.
``(5) Other damages.
``(f) Complaint to Secretary.--A nurse, patient, collective
bargaining representative, or other individual may file a complaint
with the Secretary against a hospital that violates the provisions of
this title. For any complaint filed, the Secretary shall--
``(1) receive and investigate the complaint;
``(2) determine whether a violation of this title as
alleged in the complaint has occurred; and
``(3) if such a violation has occurred, issue an order that
the complaining nurse or individual shall not suffer any
discharge, retaliation, discrimination, or other adverse action
prohibited by subsection (d) or subsection (h).
``(g) Toll-Free Telephone Number.--
``(1) In general.--The Secretary shall provide for the
establishment of a toll-free telephone hotline to provide
information regarding the requirements under section 3401
through 3403 and to receive reports of violations of such
section.
``(2) Notice to patients.--A hospital shall provide each
patient admitted to the hospital for inpatient care with the
hotline described in paragraph (1), and shall give notice to
each patient that such hotline may be used to report inadequate
staffing or care.
``(h) Protection for Reporting.--
``(1) Prohibition on retaliation or discrimination.--A
hospital shall not discriminate or retaliate in any manner
against any patient, employee, or contract employee of the
hospital, or any other individual, on the basis that such
individual, in good faith, individually or in conjunction with
another person or persons, has presented a grievance or
complaint, or has initiated or cooperated in any investigation
or proceeding of any governmental entity, regulatory agency, or
private accreditation body, made a civil claim or demand, or
filed an action relating to the care, services, or conditions
of the hospital or of any affiliated or related facilities.
``(2) Good faith defined.--For purposes of this subsection,
an individual shall be deemed to be acting in good faith if the
individual reasonably believes--
``(A) the information reported or disclosed is
true; and
``(B) a violation of this title has occurred or may
occur.
``(i) Prohibition on Interference With Rights.--
``(1) Exercise of rights.--It shall be unlawful for any
hospital to--
``(A) interfere with, restrain, or deny the
exercise, or attempt to exercise, by any person of any
right provided or protected under this title; or
``(B) coerce or intimidate any person regarding the
exercise or attempt to exercise such right.
``(2) Opposition to unlawful policies or practices.--It
shall be unlawful for any hospital to discriminate or retaliate
against any person for opposing any hospital policy, practice,
or actions which are alleged to violate, breach, or fail to
comply with any provision of this title.
``(3) Prohibition on interference with protected
communications.--A hospital (or an individual representing a
hospital) shall not make, adopt, or enforce any rule,
regulation, policy, or practice which in any manner directly or
indirectly prohibits, impedes, or discourages a direct care
nurse from, or intimidates, coerces, or induces a direct care
nurse regarding, engaging in free speech activities or
disclosing information as provided under this title.
``(4) Prohibition on interference with collective action.--
A hospital (or an individual representing a hospital) shall not
in any way interfere with the rights of nurses to organize,
bargain collectively, and engage in concerted activity under
section 7 of the National Labor Relations Act (29 U.S.C. 157).
``(j) Notice.--A hospital shall post in an appropriate location in
each unit a conspicuous notice in a form specified by the Secretary
that--
``(1) explains the rights of nurses, patients, and other
individuals under this section;
``(2) includes a statement that a nurse, patient, or other
individual may file a complaint with the Secretary against a
hospital that violates the provisions of this title; and
``(3) provides instructions on how to file such a
complaint.
``(k) Effective Date.--
``(1) Refusal; retaliation; cause of action.--
``(A) In general.--Subsections (c) through (e)
shall apply to objections and refusals occurring on or
after the effective date of the provision of this title
to which the objection or refusal relates.
``(B) Exception.--Subsection (c)(2) shall not apply
to objections or refusals in any hospital before the
requirements of section 3401(a) or 3403(a), as
applicable, apply to that hospital.
``(2) Protections for reporting.--Subsection (h)(1) shall
apply to actions occurring on or after the effective date of
the provision to which the violation relates, except that such
subsection shall apply to initiation, cooperation, or
participation in an investigation or proceeding on or after the
date of enactment of this title.
``(3) Notice.--Subsection (j) shall take effect 18 months
after the date of enactment of this title.
``SEC. 3406. ENFORCEMENT.
``(a) In General.--The Secretary shall enforce the requirements and
prohibitions of this title in accordance with this section.
``(b) Procedures for Receiving and Investigating Complaints.--The
Secretary shall establish procedures under which--
``(1) any person may file a complaint alleging that a
hospital has violated a requirement or a prohibition of this
title; and
``(2) such complaints shall be investigated by the
Secretary.
``(c) Remedies.--If the Secretary determines that a hospital has
violated a requirement of this title, the Secretary--
``(1) shall require the facility to establish a corrective
action plan to prevent the recurrence of such violation; and
``(2) may impose civil money penalties, as described in
subsection (d).
``(d) Civil Penalties.--
``(1) In general.--In addition to any other penalties
prescribed by law, the Secretary may impose civil penalties as
follows:
``(A) Hospital liability.--The Secretary may impose
on a hospital found to be in violation of this title a
civil money penalty of--
``(i) not more than $25,000 for the first
knowing violation of this title by such
hospital; and
``(ii) not more than $50,000 for any
subsequent knowing violation of this title by
such hospital.
``(B) Individual liability.--The Secretary may
impose on an individual who--
``(i) is employed by a hospital found by
the Secretary to have violated this title; and
``(ii) knowingly violates this title,
a civil money penalty of not more than $20,000 for each
such violation by the individual.
``(2) Procedures.--The provisions of section 1128A of the
Social Security Act (other than subsections (a) and (b)) shall
apply with respect to a civil money penalty or proceeding under
this subsection in the same manner as such provisions apply
with respect to a civil money penalty or proceeding under such
section 1128A.
``(e) Public Notice of Violations.--
``(1) Internet website.--The Secretary shall publish on the
internet website of the Department of Health and Human Services
the names of hospitals on which a civil money penalty has been
imposed under this section, the violation for which such
penalty was imposed, and such additional information as the
Secretary determines appropriate.
``(2) Change of ownership.--With respect to a hospital that
had a change of ownership, as determined by the Secretary,
penalties imposed on the hospital while under previous
ownership shall no longer be published by the Secretary
pursuant to paragraph (1) after the 1-year period beginning on
the date of change of ownership.
``(f) Use of Funds.--Funds collected by the Secretary pursuant to
this section are authorized to be appropriated to carry out this title.
``SEC. 3407. DEFINITIONS.
``For purposes of this title:
``(1) Acuity level.--The term `acuity level' means the
determination, using a hospital acuity measurement tool that
has been developed and established in coordination with direct
care registered nurses and made transparent pursuant to section
3401(c)(4), of nursing care requirements, based on the assigned
direct care registered nurse's professional judgment of--
``(A) the severity and complexity of an individual
patient's illness or injury;
``(B) the need for specialized equipment; and
``(C) the intensity of nursing interventions
required.
``(2) Competence.--The term `competence' or `competent'
means the satisfactory application of the duties and
responsibilities of a registered nurse in providing nursing
care to specific patient populations and for acuity levels for
each patient care unit or area pursuant to the State nursing
laws and regulations of the State in which the direct nursing
care is being performed.
``(3) Direct care licensed practical nurse.--The term
`direct care licensed practical nurse' means an individual who
has been granted a license by at least one State to practice as
a licensed practical nurse or a licensed vocational nurse and
who provides bedside care for one or more patients.
``(4) Direct care registered nurse.--The term `direct care
registered nurse' means an individual who has been granted a
license by at least one State to practice as a registered nurse
and who provides bedside care for one or more patients.
``(5) Employment.--The term `employment' includes the
provision of services under a contract or other arrangement.
``(6) Hospital.--The term `hospital' has the meaning given
that term in section 1861(e) of the Social Security Act, and
includes a hospital that is operated by the Department of
Veterans Affairs, the Department of Defense, the Indian Health
Services Program, or any other department or agency of the
United States.
``(7) Nurse.--The term `nurse' means any direct care
registered nurse or direct care licensed practice nurse (as the
case may be), regardless of whether or not the nurse is an
employee.
``(8) Nursing care plan.--The term `nursing care plan'
means a plan developed by the assigned direct care registered
nurse (in accordance with nursing law in the State in which the
nursing care is performed) that indicates the nursing care to
be given to individual patients that--
``(A) considers the acuity level of the patient;
``(B) is developed in coordination with the
patient, the patient's family, or other representatives
when appropriate, and staff of other disciplines
involved in the care of the patient;
``(C) reflects all elements of the nursing process;
and
``(D) recommends the number and skill mix of
additional licensed and unlicensed direct care staff
needed to fully implement the nursing care plan.
``(9) Professional judgment.--The term `professional
judgment' means, in accordance with State nursing laws and
regulations of the State in which the direct nursing care is
being performed, the direct care registered nurse's application
of knowledge, expertise, and experience in conducting a
comprehensive nursing assessment of each patient and in making
independent decisions about patient care including the need for
additional staff.
``(10) Staffing plan.--The term `staffing plan' means a
staffing plan required under section 3401.
``(11) State of emergency.--The term `state of emergency'--
``(A) means a state of emergency that is an
unpredictable or unavoidable occurrence at an
unscheduled or unpredictable interval, relating to
health care delivery and requiring immediate medical
interventions and care; and
``(B) does not include a state of emergency that
results from a labor dispute in the health care
industry or consistent understaffing.
``SEC. 3408. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to authorize disclosure
of private and confidential patient information, if such disclosure is
not authorized or required by other applicable law.''.
(b) Recommendations to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report containing recommendations
for ensuring that sufficient numbers of nurses are available to meet
the requirements imposed by title XXXIV of the Public Health Service
Act, as added by subsection (a).
(c) Report by HRSA.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Health
Resources and Services Administration, in consultation with the
National Health Care Workforce Commission, shall submit to
Congress a report regarding the relationship between nurse
staffing levels and nurse retention in hospitals.
(2) Updated report.--Not later than 5 years after the date
of enactment of this Act, the Administrator of the Health
Resources and Services Administration, in consultation with the
National Health Care Workforce Commission, shall submit to
Congress an update of the report submitted under paragraph (1).
SEC. 3. ENFORCEMENT OF REQUIREMENTS THROUGH FEDERAL PROGRAMS.
(a) Medicare Program.--Section 1866(a)(1) of the Social Security
Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (X), by striking ``, and'' and
inserting a comma;
(2) in subparagraph (Y), by striking the period at the end
and inserting ``, and''; and
(3) by inserting after the subparagraph (Y) the following
new subparagraph:
``(Z) in the case of a hospital, to comply with the
provisions of title XXXIV of the Public Health Service Act.''.
(b) Medicaid Program.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (85);
(2) by striking the period at the end of paragraph (86) and
inserting ``; and''; and
(3) by inserting after paragraph (86) the following new
paragraph:
``(87) provide that any hospital that receives a payment
under such plan comply with the provisions of title XXXIV of
the Public Health Service Act (relating to minimum direct care
registered nurse staffing requirements).''.
(c) Health Benefits Program of the Department of Veterans
Affairs.--Section 8110(a) of title 38, United States Code, is amended
by adding at the end the following new paragraphs:
``(7) In the case of a Department medical facility that is a
hospital, the hospital shall comply with the provisions of title XXXIV
of the Public Health Service Act.
``(8) Nothing either in chapter 74 of this title or in section 7106
of title 5 shall preclude enforcement of the provisions of title XXXIV
of the Public Health Service Act with respect to a Department hospital
through grievance procedures negotiated in accordance with chapter 71
of title 5.''.
(d) Health Benefits Program of the Department of Defense.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1110c. Staffing requirements
``In the case of a facility of the uniformed services that is a
hospital, the hospital shall comply with the provisions of title XXXIV
of the Public Health Service Act.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1110b the following new item:
``1110c. Staffing requirements.''.
(e) Indian Health Services Program.--Title VIII of the Indian
Health Care Improvement Act (25 U.S.C. 1671 et seq.) is amended by
adding at the end the following new section:
``SEC. 833. STAFFING REQUIREMENTS.
``All hospitals of the Service shall comply with the provisions of
title XXXIV of the Public Health Service Act (relating to minimum
direct care registered nurse staffing requirements).''.
(f) Federal Labor-Management Relations.--
(1) In general.--Section 7106 of title 5, United States
Code, is amended by adding at the end the following:
``(c) Nothing in this section shall preclude enforcement of the
provisions of title XXXIV of the Public Health Service Act through
grievance procedures negotiated in accordance with section 7121.''.
(2) Conforming amendment.--Section 7106(a) of title 5,
United States Code, is amended by striking ``Subject to
subsection (b) of this title,'' and inserting ``Subject to
subsections (b) and (c),''.
SEC. 4. NURSE WORKFORCE INITIATIVE.
(a) Scholarship and Stipend Program.--Section 846(d) of the Public
Health Service Act (42 U.S.C. 297n(d)) is amended--
(1) in the subsection heading, by inserting ``and Stipend''
after ``Scholarship''; and
(2) in paragraph (1), by inserting ``or stipends'' after
``scholarships''.
(b) Nurse Retention Grants.--Section 831(c)(1) of the Public Health
Service Act (42 U.S.C. 296p(c)(1)) is amended--
(1) by striking ``Grants for Career Ladder Program.--'' and
inserting ``Grants for Nurse Retention.--'';
(2) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (C), by striking the period and
inserting a semicolon; and
(4) by adding at the end the following:
``(D) to provide additional support to nurses
entering the workforce by implementing nursing
preceptorship projects that establish a period of
practical and clinical experiences and training for
nursing students, newly hired nurses, and recent
graduates of a direct care degree program for
registered nurses; or
``(E) to implement mentorship projects that assist
new or transitional direct care registered nurses in
adapting to the hospital setting.''.
<all>
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118S1114 | Expanding Access to Low-Cost Generics Act of 2023 | [
[
"S001203",
"Sen. Smith, Tina [D-MN]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1114 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1114
To amend the Federal Food, Drug, and Cosmetic Act with respect to the
180-day exclusivity period.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Smith (for herself 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 the
180-day exclusivity period.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Access to Low-Cost
Generics Act of 2023''.
SEC. 2. 180-DAY EXCLUSIVITY PERIOD.
(a) In General.--Section 505(j)(5)(B)(iv) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is amended--
(1) in subclause (I)--
(A) by inserting ``and subclause (III)'' after
``subparagraph (D)''; and
(B) by inserting before the period at the end the
following: ``or an applicant whose application was
approved pursuant to subclause (III). If an applicant
described in subclause (III) is eligible for effective
approval on the same day a tentatively approved first
applicant who has requested final approval is
determined by the Secretary to be eligible for
effective approval by meeting all the approval
requirements of this subsection, such applicant
described in subclause (III) may not receive effective
approval until 180 days after the first applicant
begins commercial marketing of the drug.''; and
(2) by adding at the end the following new subclause:
``(III) Applicant approval.--The Secretary may
approve an application containing a certification
described in paragraph (2)(A)(vii)(IV) that is for a
drug for which a first applicant has submitted an
application containing such a certification,
notwithstanding the eligibility of a first applicant
for the 180-day exclusivity period described in
subclause (II)(aa), if each of the following conditions
is met:
``(aa) The approval of such application
could be made effective, but for the
eligibility of a first applicant for 180-day
exclusivity under this clause.
``(bb) The applicant of such application
has submitted a certification to the
abbreviated new drug application that there are
no conditions that would prevent the applicant
from commercial marketing within 75 days after
the date of approval and that the applicant
intends to so market the drug.
``(cc) At least 33 months have passed since
the date of submission of an application for
the drug by at least one first applicant.
``(dd) Approval of an application for the
drug submitted by at least one first applicant
is not precluded under clause (iii).
``(ee) No application for the drug
submitted by any first applicant is effectively
approved on the date that the conditions under
items (aa), (bb), (cc), and (dd) are all met
and maintained.''.
(b) Special Approval Status Rule for Certain Subsequent
Applicants.--Section 505(j)(5)(D) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355 (j)(5)(D)) is amended at the end by adding
the following:
``(v) Special approval status rule for certain
subsequent applicants.--An application that is approved
pursuant to subclause (III) of subparagraph (B)(iv) is
deemed to be tentatively approved and to no longer have
an effective approval pursuant to such subclause (III)
on the date that is 76 days after the date on which the
approval has been made effective pursuant to such
subclause (III) if the applicant fails to commercially
market such drug within the 75-day period after the
date on which the approval is made effective. If the
applicant of an application approved pursuant to such
subclause (III) submits a notification that it can no
longer commence commercial marketing within 75 days
after the date of approval, as required under
subparagraph (B)(iv)(III)(bb), its application is
deemed to be tentatively approved and to no longer be
effectively approved on the date that such a
notification is received. If an applicant does not
commence commercial marketing within the 75-day period,
it shall not be eligible for a subsequent effective
approval for the application under subclause (III) of
subparagraph (B)(iv) unless, in addition to meeting
each of the conditions in such subclause (III), it
submits a certification to its abbreviated new drug
application that an event that could not have been
reasonably foreseen by the applicant prevented it from
commencing commercial marketing and that it has fully
resolved this issue. The applicant shall submit
notification to the abbreviated new drug application
confirming that such applicant has commenced commercial
marketing of the drug not later than one business day
after commencing such marketing.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply only with respect to an application filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
after the date of enactment of this Act that identifies a listed drug
for which no certification under paragraph (2)(A)(vii)(IV) of such
section 505(j) was made before such date of enactment.
<all>
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118S1115 | EMS Counts Act of 2023 | [
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"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"sponsor"
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] | <p><strong>EMS Counts Act</strong> <b>of 2023</b></p> <p>This bill requires the Department of Labor to revise the broad description under the occupational series <em>33-2011 Firefighters </em>of the 2018 Standard Occupational Classification System of the Bureau of Labor Statistics to include the following detailed occupations:</p> <ul> <li>Firefighters;</li> <li> Firefighter/EMTs;</li> <li> Firefighter/Paramedics; and</li> <li> Firefighters, All Other.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1115 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1115
To require the Secretary of Labor to revise the Standard Occupational
Classification System to accurately count the number of emergency
medical services practitioners in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Casey (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Labor to revise the Standard Occupational
Classification System to accurately count the number of emergency
medical services practitioners 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 ``EMS Counts Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Emergency medical services (referred to in this Act as
``EMS'') personnel provide a critical role in emergency
response. The EMS workforce consists of a diverse group of
health care practitioners, including--
(A) paramedics, emergency medical technicians
(referred to in this Act as ``EMTs''), and dual-role
firefighter/EMTs and firefighter/paramedics; and
(B) volunteer personnel serving in each of the
roles described in subparagraph (A).
(2) EMS is an integral component of the response capacity
of the United States to disasters and public health crises,
such as outbreaks of infectious diseases, bombings, mass
shootings, earthquakes, tornadoes, and hurricanes. EMS
personnel respond to more than 22,000,000 emergency calls each
year including strokes, heart attacks, cardiac arrest, and
trauma.
(3) The Bureau of Labor Statistics compiles information on
the number of individuals working in roles across the entire
United States workforce. The Bureau of Labor Statistics
completes this work by maintaining the Standard Occupational
Classification system, which classifies workers and jobs into
occupational categories for the purposes of collecting,
calculating, analyzing, and disseminating data.
(4) The Bureau of Labor Statistics fails to accurately
count EMS practitioners because of its failure to include dual-
role firefighter/EMTs and firefighter/paramedics in their count
of EMS personnel.
(5) Accurately counting the EMS workforce is critical for
government agencies in determining the needs of EMS agencies
and practitioners. These data are also crucial for informing
many aspects of policy, including preparedness for natural
disasters, public health emergencies, and acts of terrorism.
SEC. 3. RECOGNITION OF DUAL-ROLE FIREFIGHTERS AS EMS PRACTITIONERS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Labor shall revise the broad description under the
occupational series ``33-2011 Firefighters'' of the 2018 Standard
Occupational Classification System of the Bureau of Labor Statistics to
include the following detailed occupations:
(1) Firefighters.
(2) Firefighter/EMTs.
(3) Firefighter/Paramedics.
(4) Firefighters, All Other.
SEC. 4. REPORT TO CONGRESS.
Not later than 270 days after the date of enactment of this Act,
the Secretary of Labor shall submit to Congress a report that
describes--
(1) the actions taken in 2015 to expand the definition
``29-2040 Emergency Medical Technicians and Paramedics'' to
separately account for the numbers of EMTs and paramedics; and
(2) the implementation of the revisions under section 3.
<all>
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118S1116 | Background Check Completion Act of 2023 | [
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"W000... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1116 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1116
To prohibit firearms dealers from selling a firearm prior to the
completion of a background check.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Blumenthal (for himself, Mrs. Feinstein, Mr. Wyden, Mr. Coons, Mr.
Whitehouse, Mrs. Gillibrand, Ms. Duckworth, Mr. Casey, Mr. Menendez,
Mr. Kaine, Ms. Warren, Ms. Klobuchar, Mr. Markey, Mr. Padilla, Ms.
Hirono, Mr. Sanders, Mr. Van Hollen, Mr. Cardin, Mr. Durbin, Mr. Brown,
Mr. Heinrich, Mr. Booker, and Ms. Baldwin) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To prohibit firearms dealers from selling a firearm prior to the
completion of a background check.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Background Check Completion Act of
2023''.
SEC. 2. COMPLETION OF BACKGROUND CHECKS.
(a) In General.--Section 922(t)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (B)--
(A) by striking ``(i)'';
(B) by striking ``or'' and inserting ``and''; and
(C) by striking clause (ii);
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph (C).
(b) Technical and Conforming Amendments.--
(1) Section 12001(a)(3) of the Bipartisan Safer Communities
Act (Public Law 117-159; 136 Stat. 1324) is amended by striking
``paragraphs (1)(B) and (2) are repealed, and the provisions of
law amended by those paragraphs are restored as if those
paragraphs had not been enacted'' and inserting ``paragraph (2)
is repealed, and the provision of law amendment by that
paragraph is restored as if that paragraph had not been
enacted''.
(2) Section 103(l)(3) of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901(l)(3)) is amended by striking
``, but in no case more than 10 business days,''.
<all>
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118S1117 | ALIGN Act | [
[
"L000575",
"Sen. Lankford, James [R-OK]",
"sponsor"
],
[
"R000584",
"Sen. Risch, James E. [R-ID]",
"cosponsor"
],
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
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],
[
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"cosponsor"
],
[
"B001310",
"... | <p><b>Accelerate Long-term Investment Growth Now Act or the ALIGN Act</b></p> <p>This bill makes permanent the expensing of certain new business equipment. <em>Expensing</em> allows the deduction of the full amount of an expense item in the same taxable year. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1117 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1117
To amend the Internal Revenue Code of 1986 to permanently allow a tax
deduction at the time an investment in qualified property is made.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Lankford (for himself, Mr. Risch, Mr. Rubio, Mr. Barrasso, Mr.
Braun, Mrs. Blackburn, Mr. Young, Mr. Daines, Mr. Boozman, Mr. Thune,
and Mr. Scott of South Carolina) 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 permanently allow a tax
deduction at the time an investment in qualified property is made.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerate Long-term Investment
Growth Now Act'' or the ``ALIGN Act''.
SEC. 2. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY.
(a) In General.--Paragraph (6) of section 168(k) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, in the case
of property placed in service (or, in the case of a specified
plant described in paragraph (5), a plant which is planted or
grafted) after September 27, 2017, 100 percent.''.
(b) Conforming Amendments.--
(1) Section 168(k) of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)(V), by inserting
``and'' at the end,
(II) in clause (ii), by striking
``clause (ii) of subparagraph (E),
and'' and inserting ``clause (i) of
subparagraph (E).'', and
(III) by striking clause (iii),
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking subclauses
(II) and (III), and
(bb) by redesignating
subclauses (IV) through (VI) as
subclauses (II) through (IV),
respectively,
(II) by striking clause (ii), and
(III) by redesignating clauses
(iii) and (iv) as clauses (ii) and
(iii), respectively,
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and subclauses (II) and (III) of
subparagraph (B)(i)'', and
(II) in clause (ii), by striking
``subparagraph (B)(iii)'' and inserting
``subparagraph (B)(ii)'', and
(iv) in subparagraph (E)--
(I) by striking clause (i), and
(II) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively, and
(B) in paragraph (5)(A), by striking ``planted
before January 1, 2027, or is grafted before such date
to a plant that has already been planted,'' and
inserting ``planted or grafted''.
(2) Section 460(c)(6)(B) of such Code is amended by
striking ``which'' and all that follows through the period and
inserting ``which has a recovery period of 7 years or less.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 13201 of Public Law 115-97.
<all>
</pre></body></html>
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118S1118 | Open Access Evapotranspiration Data Act | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
],
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1118 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1118
To establish the Open Access Evapotranspiration (OpenET) Data Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Cortez Masto (for herself and Mr. Hickenlooper) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Open Access Evapotranspiration (OpenET) Data 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 ``Open Access Evapotranspiration Data
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Evapotranspiration.--The term ``evapotranspiration'' or
``ET'' means the process by which water is transferred from the
land to the atmosphere by--
(A) evaporation from soil and other surfaces; and
(B) transpiration from plants.
(2) Program.--The term ``Program'' means the Open Access
Evapotranspiration (OpenET) Data Program established under
section 4(a).
(3) Program partner.--The term ``Program partner'' means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) any other entity determined to be appropriate
by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 3. FINDINGS.
Congress finds that--
(1) evapotranspiration is the second largest component of
the water budget, which is an accounting of the allocation of
water resources to various water uses;
(2) evapotranspiration is a measure of the water that is
consumed and lost from a water system, removed from available
supplies, and unavailable for other uses within a watershed;
(3) accurate information on evapotranspiration is required
to balance water supply and water demand in a watershed and
ensure that adequate water supplies for beneficial uses are
available over time;
(4) water users and managers are impeded in more efficient
decision making by--
(A) the lack of consistent and comprehensive water
use data; and
(B) the fact that access to existing data is often
limited and cost-prohibitive; and
(5) evapotranspiration data may be applied for the purposes
of--
(A) assisting users and decisionmakers to better
manage resources and protect financial viability of
farm operations during drought;
(B) developing more accurate water budgets and
innovative management programs to better promote
conservation and sustainability efforts; and
(C) employing greater groundwater management
practices and understanding impacts of consumptive
water use.
SEC. 4. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA PROGRAM.
(a) Establishment.--The Secretary shall establish a program to be
known as the ``Open Access Evapotranspiration (OpenET) Data Program''
under which the Secretary shall provide for the delivery of satellite-
based evapotranspiration data, as available, supported by other ET
methods--
(1) to advance the quantification of evaporation and
consumptive water use; and
(2) to provide data users with estimates of
evapotranspiration data across large landscapes over certain
periods of time, with a priority for Landsat scale (30-100m)
when available.
(b) Purpose.--The purpose of the Program is to support the
operational distribution of satellite-based evapotranspiration data
generated under the Program to sustain and enhance water resources in
the United States.
(c) Duties.--In carrying out the Program, the Secretary shall--
(1) evaluate, use, and modify sources of satellite-based
evapotranspiration data, supported by other ET methods, based
on best available science and technologies; and
(2) coordinate and consult with--
(A) the heads of other relevant Federal agencies,
including--
(i) the Commissioner of Reclamation;
(ii) the Administrator of the National
Aeronautics and Space Administration;
(iii) the Administrator of the National
Oceanic and Atmospheric Administration;
(iv) the Administrator of the Agricultural
Research Service; and
(v) the Chief of the Natural Resources
Conservation Service; and
(B) Program partners.
(d) Components.--In carrying out the Program, the Secretary shall,
in coordination with other relevant agencies, carry out activities to
develop, maintain, establish, expand, or advance delivery of satellite-
based evapotranspiration data, supported by other ET methods, to
advance the quantification of evaporation and consumptive water use,
with an emphasis on carrying out activities that--
(1) support the development and maintenance of
evapotranspiration data and software systems and associated
research and development in a manner that ensures that Program
data are reflective of the best available science, including by
providing support to Program partners, or coordinating
activities with other programs within the Department of the
Interior, that have developed and are maintaining
evapotranspiration software systems and datasets;
(2) demonstrate or test new and existing evapotranspiration
measurement technology;
(3) improve evapotranspiration measurement science and
technology; and
(4) develop or refine the application of satellite-based
evapotranspiration data available to Federal agencies, States,
and Indian Tribes, including programs within both the Water
Resources and Core Science Systems divisions of the United
States Geological Survey. These may include--
(A) the Water Availability and Use Science Program,
the National Water Census, and Integrated Water
Availability Assessments; and
(B) the National Land Imaging Program, the Land
Change Science Program, and the Science Analytics and
Synthesis Program.
(e) Water Use and Availability of Program Data.--The Secretary--
(1) shall incorporate, to the maximum extent practicable,
program information and data for purposes of determining
consumptive water use on irrigated or other vegetated
landscapes for use by water resource management agencies;
(2) may continue to coordinate data analyses, use, and
collection efforts with other Federal agencies, States, and
Tribal governments through existing coordinating organizations,
such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team;
and
(3) may provide information collected and analyzed under
the Program to Program partners through appropriate mechanisms,
including through agreements with Federal agencies, States
(including State agencies), or Indian Tribes, leases,
contracts, cooperative agreements, grants, loans, and memoranda
of understanding.
(f) Cooperative Agreements.--The Secretary shall--
(1) enter into cooperative agreements with Program partners
to provide for the efficient and cost-effective administration
of the Program, including through cost sharing or by providing
additional in-kind resources necessary to carry out the
Program; and
(2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities under
this section, in consultation with Program partners.
(g) Environmental Laws.--Nothing in this Act modifies any
obligation of the Secretary to comply with applicable Federal and State
environmental laws in carrying out this Act.
SEC. 5. REPORT.
Not later than 5 years after the date of the enactment of this Act,
the Secretary shall submit to the Committees on Energy and Natural
Resources, Agriculture, Nutrition, and Forestry, and Appropriations of
the Senate and the Committees on Natural Resources, Agriculture, and
Appropriations of the House of Representatives a report that includes--
(1) a status update on the operational incorporation of
Program data into modeling, water planning, and reporting
efforts of relevant Federal agencies; and
(2) a list of Federal agencies and Program partners that
are applying Program data to beneficial use, including a
description of examples of beneficial uses.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $23,000,000 for each of fiscal years 2024 through 2028, to
remain available until expended.
<all>
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118S1119 | CHAMPVA Children's Care Protection Act of 2023 | [
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"Se... | <p><strong>CHAMPVA Children's Care Protection Act of 2023</strong></p> <p>This bill provides that a child shall be eligible for medical care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's 26th birthday, regardless of the child's marital status.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1119 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1119
To amend title 38, United States Code, to increase the maximum age for
children eligible for medical care under the CHAMPVA program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Brown (for himself, Mr. Tester, Mrs. Murray, Mr. Sanders, Mr.
Blumenthal, Mr. Durbin, Mr. Casey, Mr. Reed, Mrs. Gillibrand, Ms.
Stabenow, and Ms. Baldwin) 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 increase the maximum age for
children eligible for medical care under the CHAMPVA 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 ``CHAMPVA Children's Care Protection
Act of 2023''.
SEC. 2. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL CARE
UNDER CHAMPVA PROGRAM.
(a) Increase.--Subsection (c) of section 1781 of title 38, United
States Code, is amended to read as follows:
``(c)(1) Notwithstanding clauses (i) and (iii) of section 101(4)(A)
of this title and except as provided in paragraph (2), for purposes of
this section, a child is eligible for benefits under subsection (a)
until the child's 26th birthday, regardless of the child's marital
status.
``(2) This subsection shall not be construed to limit eligibility
for benefits under subsection (a) of a child described in section
101(4)(A)(ii) of this title.''.
(b) Effective Date.--Subsection (c) of such section, as amended by
subsection (a), shall apply with respect to medical care provided under
such section on or after the date of the enactment of this Act.
<all>
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118S112 | A bill to amend title 38, United States Code, to strengthen benefits for children of Vietnam veterans born with spina bifida, and for other purposes. | [
[
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"Sen. Braun, Mike [R-IN]",
"sponsor"
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[
"W000790",
... | <p>This bill addresses Department of Veterans Affairs (VA) benefits and care for certain children with spina bifida or other birth defects. The bill requires the VA to provide health care, job training, and monetary benefits for the duration of the child's life. The bills covers a child, regardless of age or marital status, who: (1) has spina bifida and is the natural child of a Vietnam veteran or a veteran of specified service in Korea or Thailand who was conceived after the date on which the veteran entered service in Vietnam, Korea, or Thailand; or (2) has certain birth defects and is the natural child of a woman Vietnam veteran.<br /></p> <p>The bill requires the VA to establish an advisory council on health care and benefits for covered children. Additionally, the VA must establish care and coordination teams for covered children. At least every 180 days, the teams must conduct outreach to ensure the continued care of the children and assist with any necessary changes in care. </p> <p>The VA must report to Congress a list of conditions that will trigger outreach to covered children, and must attempt to contact such children as soon as practicable after the identification of a condition.</p> <p>The Veterans Benefits Administration and the Veterans Health Administration must enter into a memorandum of understanding to better assist covered children.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 112 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 112
To amend title 38, United States Code, to strengthen benefits for
children of Vietnam veterans born with spina bifida, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Braun (for himself, Ms. Hassan, Mr. Rubio, and Mr. Booker)
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 strengthen benefits for
children of Vietnam veterans born with spina bifida, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS AND
CERTAIN OTHER VETERANS.
(a) Definitions.--Section 1831 of title 38, United States Code, is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) The term `covered child' means a child who is
eligible for health care and benefits under this chapter.
``(3) The term `covered veteran' means an individual whose
children are eligible for health care and benefits under this
chapter.''.
(b) In General.--Subchapter IV of chapter 18 of title 38, United
States Code, is amended by adding at the end the following new
sections:
``Sec. 1835. Advisory council
``(a) In General.--The Secretary shall establish an advisory
council on health care and benefits for covered children.
``(b) Membership.--The advisory council established under
subsection (a) shall be composed of Federal employees.
``(c) Duties.--The advisory council established under subsection
(a) shall solicit feedback from covered children and covered veterans
on the health care and benefits provided under this chapter and
communicate such feedback to the Secretary.
``Sec. 1836. Care and coordination teams
``(a) In General.--The Secretary shall establish care and
coordination teams for covered children.
``(b) Outreach.--A care and coordination team established under
subsection (a) shall attempt to contact each covered child--
``(1) not less frequently than once every 180 days, to
ensure the continued care of the child and assist with any
changes in care needed due to a changed situation of the child;
and
``(2) as soon as practicable after the identification of a
condition listed in the report required by subsection (c).
``(c) Report.--Not later than 180 days after the date of the
enactment of this section, 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 setting forth a list
of conditions that will trigger outreach to covered children under
subsection (b)(2).
``Sec. 1837. Duration of health care and benefits provided
``The Secretary shall provide a covered child with health care and
benefits under this chapter--
``(1) for the duration of the life of the child; and
``(2) notwithstanding any death of a parent of the child
that precedes the death of the child.
``Sec. 1838. Biennial report
``Not less frequently than once every two years, the Secretary
shall submit to Congress a report setting forth the following:
``(1) The number of covered children receiving health care
or benefits under this chapter as of the date on which the
report is submitted.
``(2) The number of covered children for which the
Department is paying for or providing a social worker as of
such date.
``(3) Metrics on outreach conducted under section 1836(b)
of this title.''.
(c) Memorandum of Understanding.--Not later than 90 days after the
date of the enactment of this Act, the Under Secretary for Benefits of
the Department of Veterans Affairs and the Under Secretary for Health
of the Department shall enter into a memorandum of understanding--
(1) to better assist covered children (as defined in
section 1831 of title 38, United States Code, as amended by
subsection (a)); and
(2) to establish conditions to be included in the report
required by section 1836(c) of title 38, United States Code, as
added by subsection (b).
(d) Implementation.--
(1) Advisory council.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish the advisory council required under
section 1835 of title 38, United States Code, as added by
subsection (b).
(2) Care and coordination teams.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish the care and coordination
teams required under section 1836 of such title, as added by
subsection (b).
(e) Clerical Amendment.--The table of sections at the beginning of
chapter 18 of title 38, United States Code, is amended by adding at the
end the following new items:
``1835. Advisory council.
``1836. Care and coordination teams.
``1837. Duration of health care and benefits provided.
``1838. Biennial report.''.
<all>
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118S1120 | Improved Access to Affordable Medications Act | [
[
"H001076",
"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1120 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1120
To improve the actions available to eligible product developers in the
event of delays in receiving covered product for purposes of generic
drug or biosimilar biological product development.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Hassan (for herself 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 improve the actions available to eligible product developers in the
event of delays in receiving covered product for purposes of generic
drug or biosimilar biological product development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Access to Affordable
Medications Act''.
SEC. 2. AMENDMENTS TO ACTIONS FOR DELAYS OF GENERIC DRUGS AND
BIOSIMILAR BIOLOGICAL PRODUCTS.
Section 610 of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94; 21 U.S.C. 355-2) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(C)--
(i) by inserting ``or contractual terms''
after ``additional conditions''; and
(ii) by inserting ``by the license holder''
after ``covered product'';
(B) in paragraph (2)(A)(iii), by striking
``including any device'' and inserting ``including any
packaging, device, or accessory'';
(C) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(D) by inserting after paragraph (3) the following:
``(4) the term `designated delivery service' means any
delivery service provided by a trade or business that the
Secretary determines--
``(A) is available to the general public throughout
the United States;
``(B) records electronically to its database, kept
in the regular course of its business, or marks on the
cover in which any item referred to in this section is
to be delivered, the date on which such item was given
to such trade or business for delivery; and
``(C) provides overnight or 2-day delivery service
throughout the United States;'';
(E) in paragraph (6), as so redesignated, by
inserting ``including the parent company of such
holder'' after ``covered product''; and
(F) in paragraph (11), as so redesignated--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``, at any
time,'' after ``conduct testing''; and
(ii) in subparagraph (B), by inserting ``,
at any time,'' after ``fulfill'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)(iii)--
(i) in the matter preceding subclause (I),
by striking ``a written request to purchase
sufficient quantities of the covered product to
the license holder, and such request--'' and
inserting ``one or more written requests to
purchase sufficient quantities of the covered
product to the license holder for the relevant
stage of development, and each such request--
''; and
(ii) in subclause (II), by inserting ``or
by a designated delivery service'' before the
semicolon at the end; and
(B) in subparagraph (B), by amending clause (ii) to
read as follows:
``(ii) Authorization.--The Secretary shall,
by written notice, authorize the eligible
product developer to obtain sufficient
quantities of an individual covered product
subject to a REMS with ETASU for purposes of
development and testing--
``(I) in the case of development
and testing that does not involve human
clinical trials, not later than 60 days
after the date on which a request under
clause (i) is received, if the eligible
product developer has agreed to comply
with any conditions the Secretary
determines necessary; or
``(II) in the case of development
and testing that involves human
clinical trials, not later than 120
days after the date on which a request
under clause (i) is received, if the
eligible product developer has--
``(aa)(AA) submitted
protocols, informed consent
documents, and informational
materials for testing that
include protections that
provide safety protections
comparable to those provided by
the REMS for the covered
product; or
``(BB) otherwise satisfied
the Secretary that such
protections will be provided;
and
``(bb) met any other
requirements the Secretary may
establish.''; and
(3) by adding at the end the following:
``(h) Samples Access Policy.--Not later than 45 days after the date
of approval of a covered product, or, in the case of a covered product
approved before the date of enactment of the Improved Access to
Affordable Medications Act, not later than 45 days after such date of
enactment, each license holder of a covered product shall make
available its policy on evaluating and responding to requests submitted
under subsection (b)(2)(A). Such policy shall--
``(1) be made public and readily available, such as by
posting such policy on a publicly available website; and
``(2) shall include--
``(A) contact information for the license holder to
facilitate communication about written requests
described in subsection (b)(2)(A)(iii);
``(B) procedures for making such requests;
``(C) the address to which such requests should be
sent;
``(D) the official license holder for each marketed
product; and
``(E) the named corporate officer who is
responsible for receiving such requests.''.
<all>
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118S1121 | DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act | [
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"Sen. Budd... | <p><strong>DHS Restrictions on Confucius Institutes and Chinese Entities of Concern Act</strong></p> <p>This bill restricts funding to an institution of higher education (IHE) that has a relationship with a Chinese entity of concern or Confucius Institute. A Confucius Institute is a cultural institute directly or indirectly funded by the Chinese government. </p> <p>Specifically, the Department of Homeland Security (DHS) must ensure that an IHE that has awarded a contract to, entered into an agreement with, or received an in-kind donation or gift from a Chinese entity of concern or Confucius Institute is ineligible to receive any funds from DHS, unless the IHE terminates the relationship. The IHE may regain eligibility for these funds upon termination of the relationship.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1121 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1121
To establish Department of Homeland Security funding restrictions on
institutions of higher education that have a relationship with
Confucius Institutes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Scott of Florida (for himself, Mr. Tillis, Ms. Ernst, 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 establish Department of Homeland Security funding restrictions on
institutions of higher education that have a relationship with
Confucius Institutes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Restrictions on Confucius
Institutes and Chinese Entities of Concern Act''.
SEC. 2. LIMITATIONS ON CONFUCIUS INSTITUTES' HOST SCHOOLS.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means any university or college in the People's
Republic of China that--
(A) is involved in the implementation of military-
civil fusion;
(B) participates in the Chinese defense industrial
base;
(C) is affiliated with the Chinese State
Administration for Science, Technology, and Industry
for the National Defense;
(D) receives funding from any organization
subordinate to the Central Military Commission of the
Chinese Communist Party; or
(E) provides support to any security, defense,
police, or intelligence organization of the Government
of the People's Republic of China or the Chinese
Communist Party.
(2) Confucius institute.--The term ``Confucius Institute''
means a cultural institute funded by the Government of the
People's Republic of China.
(3) 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).
(4) Relationship.--The term ``relationship'' means, with
respect to an institution of higher education, any contract
awarded, or agreement entered into, as well as any in-kind
donation or gift, received from a Confucius Institute or
Chinese entity of concern.
(b) Restrictions on Institutions of Higher Education.--
(1) In general.--Beginning with the first fiscal year that
begins after the date that is 12 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
ensure that an institution of higher education that has a
relationship with a Confucius Institute or Chinese entity of
concern is ineligible to receive any funds from the Department
of Homeland Security, unless the institution of higher
education terminates the relationship between the institution
of higher education and such Confucius Institute or Chinese
entity of concern, as the case may be.
(2) Termination.--Upon the termination of a relationship
described in paragraph (1), the institution of higher education
at issue shall be eligible to receive funds from the Department
of Homeland Security.
<all>
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118S1122 | Prioritizing Medical Countermeasures for National Security Act of 2023 | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1122 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1122
To improve the program to provide for priority review of human drug
applications to encourage treatment for agents that present national
security threats.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve the program to provide for priority review of human drug
applications to encourage treatment for agents that present national
security threats.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prioritizing Medical Countermeasures
for National Security Act of 2023''.
SEC. 2. EXTENSION AND EXPANSION OF MEDICAL COUNTERMEASURE PRIORITY
REVIEW VOUCHER PROGRAM.
(a) Definition of Medical Countermeasure Application.--Subsection
(a)(4) of section 565A of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-4a) is amended--
(1) in the paragraph heading, by striking ``material threat
medical'' and inserting ``medical'';
(2) in the matter preceding subparagraph (A), by striking
``material threat''; and
(3) by amending subparagraph (A) to read as follows:
``(A) is a human drug application for a drug that
is--
``(i) labeled for an indication to prevent
or treat a disease or condition specifically
caused by a chemical, biological, radiological,
or nuclear agent; and
``(ii) part of a class or category of drug
on the list described in subsection (b) at the
time of approval of the application.''.
(b) List of Medical Countermeasures for National Security
Threats.--Section 565A of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-4a) is amended--
(1) by redesignating subsections (b) through (g) as
subsections (c) through (g) and (i), respectively; and
(2) by inserting after subsection (a), the following:
``(b) List of Medical Countermeasures for National Security
Threats.--
``(1) In general.--The Secretary, acting through the
Assistant Secretary of Preparedness and Response, in
consultation with the Public Health Emergency Medical
Enterprise established under section 2801 of the Public Health
Service Act, including the Secretary of Defense, shall
establish and maintain a list of potentially eligible classes
and categories of drugs that are identified as necessary to
prevent or treat the diseases and conditions specifically
caused by a chemical, biological, radiological, or nuclear
agent that--
``(A) has the potential to lead to a public health
emergency with significant potential to affect national
security; or
``(B) may present a specific threat to the Armed
Forces.
``(2) Factors.--In establishing and revising the list under
paragraph (1), the Secretary may consider--
``(A) whether an eligible class or category of
drugs that is identified is--
``(i) needed to protect the public health,
using the same standard that applies with
respect to determinations of material threats
under section 319F-2(c)(2)(B)(ii) of the Public
Health Service Act; and
``(ii) determined to be a priority
(consistent with sections 302(2) and 304(a) of
the Homeland Security Act of 2002);
``(B) for any class or category of drugs under
consideration to address specific threats to the Armed
Forces, information provided by the Secretary of
Defense to help evaluate whether a priority review
voucher is necessary and beneficial to incentivize
product development for the Department of Defense use
and fielding;
``(C) whether the class or category of drug
requires incentivization in the form a priority review
voucher based upon economic factors, such as whether
there is a sufficient market to support the development
of the potential medical countermeasures and the
maturity of the medical countermeasure pipeline;
``(D) the potential effect of an addition of a
class or category of drug on the potential sale value
of priority review vouchers; and
``(E) such other factors as the Secretary
determines appropriate.
``(3) Duties.--The Secretary, acting through the Assistant
Secretary of Preparedness and Response, shall--
``(A) in coordination with the Assistant Secretary
of Defense for Nuclear, Chemical, and Biological
Defense Program, disclose to interested priority review
applicants the list developed under paragraph (1);
``(B) periodically review the list developed under
paragraph (1) for continued necessity and
appropriateness, and add, amend, or remove any classes
or categories of drugs if no longer necessary or
appropriate; and
``(C) maintain a publicly available archive of the
list over time.
``(4) Transition period.--Before the date of the initial
publication of the list developed under paragraph (1), the most
recent priority list developed under this section before the
date of enactment of the Prioritizing Medical Countermeasures
for National Security Act of 2023 shall remain in effect.''.
(c) GAO Report.--Section 565A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb-4a) is amended by inserting after
subsection (g), as redesignated by subsection (b)(1), the following:
``(h) GAO Report.--
``(1) In general.--Not later than September 30, 2027, the
Comptroller General of the United States shall transmit to
Congress a report on the effectiveness of this section in
encouraging the development of the medical countermeasures
needed to protect and prepare for emerging threats to public
health and national security.
``(2) Contents.--The report shall include--
``(A) input from the Secretary of Defense and the
Secretary of Health and Human Services; and
``(B) recommendations of the Comptroller General of
the United States, if any, on necessary modifications
to this section.''.
(d) Sunset.--Subsection (i) of such section, as redesignated by
subsection (b)(1) of this section, is amended--
(1) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(2) by striking ``October 1, 2023'' and inserting ``October
1, 2029''.
(e) Conforming Amendments To Remove References to Material
Threats.--Section 565A of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-4a) is amended by striking ``material threat'' each place
it appears in--
(1) subsection (a)(3);
(2) paragraphs (1) and (2) of subsection (c), as
redesignated by subsection (b)(1); and
(3) subsection (f), as so redesignated.
<all>
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118S1123 | MARTTE Act of 2023 | [
[
"D000622",
"Sen. Duckworth, Tammy [D-IL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1123 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1123
To ensure computer programming, coding, and artificial intelligence
capabilities in the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Duckworth introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To ensure computer programming, coding, and artificial intelligence
capabilities in the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managing Active and Reserve Tech
Talent Effectively Act of 2023'' or the ``MARTTE Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Computer programming occupational area.--The term
``computer programming occupational area'' means a technical or
nontechnical occupational position that supports computer
programming, coding, and artificial intelligence operations and
development, including the following positions:
(A) Data scientists.
(B) Data engineers.
(C) Data analysts.
(D) Software developers.
(E) Machine learning engineers.
(F) Program managers.
(G) Acquisition professionals.
(2) Digital platform or application.--The term ``digital
platform or application'' means an online integrated personnel
management system or human capital solution.
(3) Human capital infrastructure.--The term ``human capital
infrastructure'' means the policies and processes that support
development, training, evaluating, and tracking of personnel
with specific occupational skills, experiences, and positions,
including--
(A) career and talent management strategy and
policies; and
(B) personnel software and databases for tracking
and identifying members of the Armed Forces with
specific capabilities.
(4) Qualification process.--The term ``qualification
process''--
(A) means the process, modeled on a streamlined
version of the process for obtaining joint
qualifications, for training and verifying members of
the Armed Forces to receive career field or
occupational codes associated with computer programming
occupational areas; and
(B) may include--
(i) experiences, education, and training
received as a part of military service,
including fellowships, talent exchanges,
positions within government, and educational
courses; and
(ii) in the case of members of the reserve
components, experiences, education, and
training received in their civilian
occupations.
(5) Qualified and known standard.--The term ``qualified and
known standard'' means the defined, reviewed, and published
standard for occupational series or career fields that provides
a measurable standard by which the military departments and
combatant commands can assess the ability to meet their
operational planning and steady-state force presentation
requirements during the global force management process.
SEC. 3. INFRASTRUCTURE FOR COMPUTER PROGRAMMING SKILLS.
(a) Findings.--Congress makes the following findings:
(1) To ensure a competitive edge over adversaries of the
United States, the United States Armed Forces must attract,
build, and maintain a military force capable of rapidly
bringing advanced technology and innovation to the
battlefields.
(2) Congress has supported the Department of Defense across
various programs to attract talent in key computer programming
occupational areas.
(3) The Department of Defense and the military departments
have issued multiple strategy documents regarding workforce
development for artificial intelligence, but have yet, as of
the date of the enactment of this Act, to establish policies
for military occupational specialties or career field
development.
(4) Absent strategy implementation and investment, the
Department of Defense and each of the military departments
currently lack the human capital infrastructure to quickly
leverage critical capabilities relating to computer programming
maintained by members of the Armed Forces in conflict. It is
imperative to build out such an infrastructure to leverage such
capabilities.
(5) While the Department of Defense has established new
work roles related to computer programming, artificial
intelligence and machine learning competency, and software
engineering under the Department of Defense Cyber Workforce
Framework, there is no requirement for the military departments
to review, modify, and expand their occupational fields,
military occupational specialties, and skills designators to
align with these work roles. Additionally, there is no unified
mechanism to evaluate the utility of capabilities of members of
the Armed Forces in computer programming occupational areas and
to identify gaps or surpluses in such capabilities across the
military departments.
(b) Policy.--
(1) In general.--It shall be a policy of the Armed Forces
to establish a robust human capital infrastructure that allows
for the military departments to present a qualified and known
standard to the combatant commands with respect to computer
programming skills, which include technical and nontechnical
skills related to artificial intelligence and coding.
(2) Elements.--The policy set forth in paragraph (1) shall
be achieved by--
(A) the development, funding, and execution of a
coherent approach and transparent strategy across
digital platforms and applications that enable
development and presentation of forces with appropriate
programmatic oversight;
(B) the development and management of career field
occupational codes aligned with the work roles related
to computer programming, artificial intelligence and
machine learning competency, and software engineering
under the Department of Defense Cyber Workforce
Framework to allow for the military departments to
identify, assess, track, manage, and assign personnel
with computer programming, coding, and artificial
intelligence skills through established mechanisms,
under the policies of the military departments with
respect to formal military occupational specialties and
career field management, including--
(i) development of a career field or
separate occupational code for computer
programming occupational areas aligned with
such work roles; and
(ii) development of a unique special skills
or experience designator or qualifications,
tracked independently of a career field, for
computer programming occupational areas aligned
with such work roles;
(C) conducting an assessment of members of the
Armed Forces who have completed the qualification
process of the military department concerned or who
qualify based on existing skills and training across
computer programming occupational areas; and
(D) maintaining continued awareness of members of
the Armed Forces described in subparagraph (C).
(c) Responsibilities.--The Secretary of each military department,
in consultation with the Assistant Secretary of the military department
for Manpower and Reserve Affairs and the Chief Digital and Artificial
Intelligence Officer of the Office of the Secretary of Defense, shall--
(1) be responsible for development and discharge of the
policy set forth in subsection (b); and
(2) carry out that responsibility through an officer or
employee of the military department assigned by the Secretary
for that purpose.
(d) Duties.--In developing and providing for the discharge of the
policy set forth in subsection (b), the Secretary of each military
department, in consultation with the Assistant Secretary of the
military department for Manpower and Reserve Affairs, the Chief
Information Officer of the military department, the Chief Information
Officer of the Department of Defense, and the Chief Digital and
Artificial Intelligence Officer of the Office of the Secretary of
Defense, shall establish a robust human capital infrastructure to
provide the combatant commands force capability associated with
computer programming, coding, and artificial intelligence skills,
including by meeting related manning, systems, training, and other
related funding requirements.
(e) Implementation Plans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of each military
department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a plan for
implementing the policy set forth in subsection (b).
(2) Inclusion in budget justification materials.--The
Secretary of each military department shall include an update
on implementation of the policy set forth in subsection (b) in
the budget justification materials submitted in support of the
Department of Defense's budget (as submitted with the budget of
the President under section 1105(a) of title 31, United States
Code) for fiscal year 2025 and each fiscal thereafter until all
milestones set forth in the plan submitted under paragraph (1)
by the Secretary have been met.
SEC. 4. RESERVE COMPONENT COMPUTER PROGRAMMING SKILLS.
(a) Findings.--Congress makes the following findings:
(1) The reserve components provide critical capabilities to
the Department of Defense to augment and enhance the active
components. Those capabilities include experiences and skills
associated with both the members' military career fields and
their civilian occupations and positions.
(2) The Reserve Force Policy Board identified in August
2020 the inability of the Department of Defense to leverage the
civilian skills of members of the reserve components when
needed.
(3) The Department of Defense no longer maintains the
Civilian Employment Information Program, which provided a
database of the civilian employment information and skills
associated with members of the reserve components.
(4) There is no mechanism to evaluate qualification status
and present the surge and augmentation capabilities of the
reserve components in providing computer programming
occupational capabilities, experiences, and skills.
(b) Policy.--
(1) In general.--It shall be a policy of the Armed Forces
to utilize a robust human capital infrastructure to bolster the
capacity of the reserve components to evaluate, track, and
present a qualified and known standard to the military
departments with respect to computer programming occupational
areas.
(2) Elements.--The policy set forth in paragraph (1) shall
be achieved through--
(A) a process by which members of a reserve
component are able to gain occupational or career field
designation based on policies established under section
3 using experiences, training, or skills developed as a
result of their civilian occupations;
(B) awareness, based on policies established under
section 3, of the existing skills of members of the
reserve components, developed as a result of their
civilian occupations, based on an initial baseline and
ongoing tracking; and
(C) policies that allow the military departments
and the combatant commands to effectively leverage
reserve component members who meet the career field
requirements established pursuant to section 3 to
support current operations fully during reserve
periods.
(c) Responsibility.--The Secretary of each military department, in
consultation with the Assistant Secretary of the military department
for Manpower and Reserve Affairs, the Chief of the Reserve Command of
the military department, and the Chief of the National Guard Bureau,
shall--
(1) be responsible for development and discharge of the
policy set forth in subsection (b); and
(2) carry out that responsibility through an officer or
employee of that military department assigned by the Secretary
for that purpose.
(d) Duties.--In developing and providing for the discharge of the
policy set forth in subsection (b), the Secretary of each military
department, in consultation with the Assistant Secretary of the
military department for Manpower and Reserve Affairs, the Chief of the
Reserve Command of the military department, and the Chief of the
National Guard Bureau, shall--
(1) establish a process and procedures by which members of
the reserve component of the military department are able to
satisfy qualification standards for occupational policies
established under section 3 based on experiences, training, or
skills achieved as a result of their civilian occupations;
(2) conduct an assessment of the members of the reserve
component that maintain computer programming, coding, and
artificial intelligence skills in their civilian occupations;
(3) develop and program for a digital platform or
application to track computer programming, coding, and
artificial intelligence skills associated with computer
programming career field policies; and
(4) develop policies to identify, assign, and integrate
members described in paragraph (2) into current operations to
fully leverage those skills during reserve periods.
(e) Implementation Plans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of each military
department and the Chief of the National Guard Bureau shall
each submit to the Committees on Armed Services of the Senate
and the House of Representatives a plan for implementing the
policy set forth in subsection (b).
(2) Inclusion in budget justification materials.--The
Secretary of each military department and the Chief of the
National Guard Bureau shall each include an update on
implementation of the policy set forth in subsection (b) in the
budget justification materials submitted in support of the
Department of Defense's budget (as submitted with the budget of
the President under section 1105(a) of title 31, United States
Code) for fiscal year 2025 and each fiscal year thereafter
until all milestones set forth in the plan submitted under
paragraph (1) by the Secretary or the Chief, as the case may
be, have been met.
<all>
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118S1124 | Financial Compensation for CFPB Whistleblowers Act | [
[
"C001113",
"Sen. Cortez Masto, Catherine [D-NV]",
"sponsor"
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[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
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],
[
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"cosponsor"
],
[
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1124
To amend the Consumer Financial Protection Act of 2010 to provide for
whistleblower incentives and protection.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Cortez Masto (for herself, Mr. Brown, Mr. Blumenthal, Ms. Warren,
Ms. Smith, Mr. Durbin, Mr. Merkley, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Consumer Financial Protection Act of 2010 to provide for
whistleblower incentives and protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Compensation for CFPB
Whistleblowers Act''.
SEC. 2. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION.
(a) In General.--The Consumer Financial Protection Act of 2010 (12
U.S.C. 5481 et seq.) is amended by inserting after section 1017 the
following:
``SEC. 1017A. WHISTLEBLOWER INCENTIVES AND PROTECTION.
``(a) Definitions.--In this section:
``(1) Administrative proceeding or court action.--The term
`administrative proceeding or court action' means any judicial
or administrative action brought by the Bureau that results in
monetary sanctions exceeding $1,000,000.
``(2) Fund.--The term `Fund' means the Consumer Financial
Civil Penalty Fund established under section 1017(d)(1).
``(3) Monetary sanctions.--The term `monetary sanctions'
means, with respect to any administrative proceeding or court
action, any monies, including penalties, disgorgement,
restitution, interest, ordered to be paid or other amounts of
relief obtained under section 1055(a)(2).
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or
analysis of a whistleblower;
``(B) is not known to the Bureau from any other
source, unless the whistleblower is the original source
of the information;
``(C) is not exclusively derived from an allegation
made in a judicial or administrative hearing, in a
governmental report, hearing, or from the news media,
unless the whistleblower is a source of the
information; and
``(D) is not exclusively derived from an allegation
made in an audit, examination, or investigation.
``(5) Successful enforcement.--The term `successful
enforcement' includes, with respect to any administrative
proceeding or court action brought by the Bureau, any
settlement of such proceeding or action.
``(6) Whistleblower.--The term `whistleblower' means any
individual who provides, or 2 or more individuals acting
jointly who provide, original information relating to a
violation of Federal consumer financial law, consistent with
any rule or regulation issued by the Bureau under this section.
``(b) Awards.--
``(1) In general.--In any administrative proceeding or
court action the Bureau, subject to regulations prescribed by
the Bureau and subject to subsection (c), shall pay an award or
awards to 1 or more whistleblowers who voluntarily provided
original information that led to the successful enforcement of
the covered administrative proceeding or court action in an
aggregate amount equal to--
``(A) not less than 10 percent, in total, of the
civil money penalties collected by the Bureau in the
action; and
``(B) not more than 30 percent, in total, of the
civil money penalties collected by the Bureau in the
action.
``(2) Payment of awards.--Any amount paid under paragraph
(1) shall be paid from the Fund.
``(3) Award minimum.--If the Bureau collects less than
$1,000,000 in civil money penalties in the action, the Bureau
shall provide for an award to any single whistleblower equal to
the greater of--
``(A) 10 percent of the civil money penalties
collected; or
``(B) $50,000.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the
percentage amount of an award made under subsection (b)
shall be in the discretion of the Bureau.
``(B) Criteria.--In determining the percentage
amount of an award made under subsection (b), the
Bureau shall take into consideration--
``(i) the significance of the information
provided by the whistleblower to the successful
enforcement of the administrative proceeding or
court action;
``(ii) the degree of assistance provided by
the whistleblower and any legal representative
of the whistleblower in an administrative
proceeding or court action;
``(iii) the programmatic interest of the
Bureau in deterring violations of Federal
consumer financial law (including applicable
regulations) by making awards to whistleblowers
who provide information that leads to the
successful enforcement of such laws; and
``(iv) such additional relevant factors as
the Bureau may establish by rule or regulation,
including the amount available in the Fund.
``(2) Denial of award.--No award under subsection (b) shall
be made--
``(A) to any whistleblower who is, or was at the
time the whistleblower acquired the original
information submitted to the Bureau, a member, officer,
or employee of an entity described in subclauses (I)
through (V) of subsection (h)(1)(C)(i);
``(B) to any whistleblower who is convicted of a
criminal violation related to the administrative
proceeding or court action for which the whistleblower
otherwise could receive an award under this section;
``(C) to any whistleblower who is found to be
liable for the conduct in the administrative proceeding
or court action, or a related action, for which the
whistleblower otherwise could receive an award under
this section;
``(D) to any whistleblower who planned and
initiated the conduct at issue in the administrative
proceeding or court action for which the whistleblower
otherwise could receive an award under this section;
``(E) to any whistleblower who submits information
to the Bureau that is based on the facts underlying the
administrative proceeding or court action previously
submitted by another whistleblower; and
``(F) to any whistleblower who fails to submit
information to the Bureau in such form as the Bureau
may, by rule or regulation, require.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower who
makes a claim for an award under subsection (b) may be
represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who
anonymously makes a claim for an award under subsection
(b) shall be represented by counsel if the
whistleblower submits the information upon which the
claim is based.
``(B) Disclosure of identity.--Prior to the payment
of an award, a whistleblower shall disclose the
identity of the whistleblower and provide such other
information as the Bureau may require, directly or
through counsel of the whistleblower.
``(e) No Contract Necessary.--No contract or other agreement with
the Bureau is necessary for any whistleblower to receive an award under
subsection (b), unless otherwise required by the Bureau by rule or
regulation.
``(f) Appeals.--
``(1) In general.--Any determination made under this
section, including whether, to whom, or in what amount to make
awards, shall be in the discretion of the Bureau. Any such
determination, except the determination of the amount of an
award if the award was made in accordance with subsection (b),
may be appealed to the appropriate court of appeals of the
United States not more than 30 days after the determination is
issued by the Bureau.
``(2) Scope of review.--The court shall review the
determination made by the Bureau in accordance with section 706
of title 5, United States Code.
``(g) Reports to Congress.--Not later than December 31 of each
year, the Bureau shall transmit to the House Committee on Financial
Services and the Senate Committee on Banking, Housing, and Urban
Affairs a report on the Bureau's whistleblower award program under this
section, including a description of the number of awards granted and
the types of cases in which awards were granted during the preceding
fiscal year.
``(h) Protection of Whistleblowers.--
``(1) Confidentiality.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the Bureau and any officer
or employee of the Bureau, shall not disclose any
information, including information provided by a
whistleblower to the Bureau, which could reasonably be
expected to reveal the identity of a whistleblower,
except in accordance with the provisions of section
552a of title 5, United States Code, unless and until
required to be disclosed to a defendant or respondent
in connection with a public proceeding instituted by
the Bureau or any entity described in subparagraph (C).
For purposes of section 552 of title 5, United States
Code, this paragraph shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
``(B) Effect.--Nothing in this paragraph is
intended to limit the ability of the Attorney General
to present such evidence to a grand jury or to share
such evidence with potential witnesses or defendants in
the course of an ongoing criminal investigation.
``(C) Availability to government agencies.--
``(i) In general.--Without the loss of its
status as confidential in the hands of the
Bureau, all information referred to in
subparagraph (A) may, in the discretion of the
Bureau, when determined by the Bureau to be
necessary or appropriate, be made available
to--
``(I) the Department of Justice;
``(II) an appropriate department or
agency of the Federal Government,
acting within the scope of its
jurisdiction;
``(III) a State attorney general in
connection with any criminal
investigation;
``(IV) an appropriate department or
agency of any State, acting within the
scope of its jurisdiction; and
``(V) a foreign regulatory
authority.
``(ii) Maintenance of information.--Each of
the entities, agencies, or persons described in
clause (i) shall maintain information described
in that clause as confidential, in accordance
with the requirements in subparagraph (A).
``(2) Rights retained.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any
whistleblower under section 1057, any other Federal or State
law, or under any collective bargaining agreement.
``(i) Rulemaking Authority.--The Bureau shall have the authority to
issue such rules and regulations as may be necessary or appropriate to
implement the provisions of this section consistent with the purposes
of this section.
``(j) Original Information.--Information submitted to the Bureau by
a whistleblower in accordance with rules or regulations implementing
this section shall not lose its status as original information solely
because the whistleblower submitted such information prior to the
effective date of such rules or regulations, provided such information
was submitted after the date of enactment of this section.
``(k) Provision of False Information.--A whistleblower who
knowingly and willfully makes any false, fictitious, or fraudulent
statement or representation, or who makes or uses any false writing or
document knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall not be entitled to an award under
this section and shall be subject to prosecution under section 1001 of
title 18, United States Code.
``(l) Unenforceability of Certain Agreements.--
``(1) No waiver of rights and remedies.--Except as provided
under paragraph (3), and notwithstanding any other provision of
law, the rights and remedies provided for in this section may
not be waived by any agreement, policy, form, or condition of
employment, including by any predispute arbitration agreement.
``(2) No predispute arbitration agreements.--Except as
provided under paragraph (3), and notwithstanding any other
provision of law, no predispute arbitration agreement shall be
valid or enforceable to the extent that the agreement requires
arbitration of a dispute arising under this section.
``(3) Exception.--Notwithstanding paragraphs (1) and (2),
an arbitration provision in a collective bargaining agreement
shall be enforceable as to disputes arising under this section,
unless the Bureau determines, by rule, that such provision is
inconsistent with the purposes of this title.''.
(b) Consumer Financial Civil Penalty Fund.--Section 1017(d)(2) of
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497(d)(2)) is
amended, in the first sentence, by inserting ``and for awards
authorized under section 1017A'' before the period at the end.
<all>
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118S1125 | EHR Program RESET Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1125 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1125
To authorize an electronic health record modernization program of the
Department of Veterans Affairs and increase oversight and
accountability of the program to better serve veterans, medical
professionals of the Department, and taxpayers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Tester (for himself, Mrs. Murray, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To authorize an electronic health record modernization program of the
Department of Veterans Affairs and increase oversight and
accountability of the program to better serve veterans, medical
professionals of the Department, and taxpayers, and for other purposes.
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 ``Electronic Health
Record Program Restructure, Enhance, Strengthen, and Empower Technology
Act of 2023'' or the ``EHR Program RESET Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROGRAM ESTABLISHMENT, STRUCTURE, MANAGEMENT, AND OBJECTIVES
Sec. 101. Establishment of electronic health record and health
information technology modernization
program and program office of Department of
Veterans Affairs.
Sec. 102. Establishment of Department of Veterans Affairs advisory
subcommittee on electronic health record
and health information technology
modernization.
TITLE II--DEPLOYMENT CRITERIA AND THRESHOLDS TO ADVANCE
Sec. 201. Requirement to exceed or meet certain health care performance
baseline or national metrics for
continuation of electronic health record
modernization program of Department of
Veterans Affairs.
Sec. 202. Requirements before continued deployment of new electronic
health record by Department of Veterans
Affairs at additional locations and
facilities.
Sec. 203. Sense of Congress on training and change management
activities for deployment of new electronic
health record.
TITLE III--ENHANCED SUPPORT FOR HEALTH CARE AND OTHER FACILITIES
DEPLOYING NEW ELECTRONIC HEALTH RECORD
Sec. 301. Report on support to facilities for new electronic health
record deployment by Department of Veterans
Affairs.
Sec. 302. Modification of quarterly report to include information on
system stability, satisfaction, morale,
retention of staff, training, and change
management with respect to new electronic
health record of Department of Veterans
Affairs.
TITLE IV--CONTRACTING AND ACQUISITION OVERSIGHT AND REFORM
Sec. 401. Termination of contract with Oracle Cerner for training and
change management.
Sec. 402. Strengthening contract negotiation by Department of Veterans
Affairs with respect to new electronic
health record and designation of lead
contract negotiator.
Sec. 403. Independent verification and validation of certain major
modernization efforts of Department of
Veterans Affairs.
Sec. 404. Annual report on efforts to maintain VistA electronic health
record system.
Sec. 405. Report on alternatives to current electronic health record
technology and contract for Department of
Veterans Affairs.
Sec. 406. Report on leadership, acquisition, and contracting oversight
lessons learned.
Sec. 407. Report on contract savings, services provided at no cost to
the Department, and contract cost incurred
with respect to Oracle-Cerner product.
TITLE V--COORDINATION WITH DEPARTMENT OF DEFENSE
Sec. 501. Quarterly reports on system uptime, modernization, and
coordination activities for information
technology systems and policies of
Department of Defense affecting operations
of Department of Veterans Affairs.
Sec. 502. Coordination with Department of Defense regarding information
technology programs, systems, and services.
TITLE VI--OTHER MATTERS
Sec. 601. Report on legislative action required.
Sec. 602. Report on current and future State interoperability with
legacy electronic health record, new
electronic health record, and future
potential electronic health record and
other health information technology and
exchanges.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Department.--The term ``Department'' means the
Department of Veterans Affairs.
(3) Deputy secretary.--The term ``Deputy Secretary'' means
the Deputy Secretary of Veterans Affairs.
(4) Fourth mission.--The term ``Fourth Mission'' means the
mission of the Department to improve the preparedness of the
United States for response to war, terrorism, national
emergency, and natural disaster.
(5) Modernization; modernize.--The terms ``modernization''
and ``modernize'', with respect to the electronic health record
and other relevant health information technology systems of the
Department, means to replace, in whole or in part, overhaul, or
upgrade such record or other system in a manner that gives such
record or other system longevity and ability to constantly be
updated to meet the needs of veterans, employees of the
Department, and the Department.
(6) New electronic health record.--The term ``new
electronic health record'' means any electronic health record
provided for the Department on or after the date of the
enactment of this Act, including pursuant to a contract entered
into by the Department.
(7) Oracle-cerner product.--The term ``Oracle-Cerner
product'' means the product provided under the contract entered
into by the Department with Cerner pursuant to the electronic
health record modernization program of the Department before
the date of the enactment of this Act.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(9) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Health of the Department of Veterans
Affairs.
TITLE I--PROGRAM ESTABLISHMENT, STRUCTURE, MANAGEMENT, AND OBJECTIVES
SEC. 101. ESTABLISHMENT OF ELECTRONIC HEALTH RECORD AND HEALTH
INFORMATION TECHNOLOGY MODERNIZATION PROGRAM AND PROGRAM
OFFICE OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment of Program.--
(1) Establishment.--There is established within the
Veterans Health Administration a program to modernize the
electronic health record and other relevant health information
technology systems of the Department (in this section referred
to as the ``Program'').
(2) Purpose and goals.--The purpose and goals of the
Program are as follows:
(A) To deliver an electronic health record,
platform, and related systems that allow the Department
to deliver, as measured by quantifiable industry and
Department-specific metrics, improved standardized
workflows and consistent, quality health care to
veterans through a modern, user-friendly, electronic
health record and related systems that allow medical
professionals of the Department to deliver health care
to veterans safely.
(B) To increase the productivity, efficiency,
retention, satisfaction, and experience of such medical
professionals.
(C) To improve veteran experience and health
outcomes.
(D) To improve quality and coordination of care,
reduce unnecessary variation, and improve data
management.
(E) To maintain, strengthen, and expand the
research and development activities of the Department
to include those activities required under title 38,
United States Code.
(F) To maintain and strengthen the ability of the
Department to carry out Fourth Mission requirements, to
include the requirements under title 38, United States
Code.
(G) To protect the health and other personal
identifying information of veterans from being
monetized, sold, or otherwise misused by any internal
or external entity conducting work for, with, or on
behalf of the Department.
(H) To protect the health and other personal
identifying information of veterans or other users of
the electronic health record or other programs or
services of the Department from cyber attacks, identity
theft, and other cyber and security threats.
(I) To deliver--
(i) operational value to the Department
from the use of the electronic health record
and related systems;
(ii) business value and return on
investment to the Department from improvement
to the electronic health record and related
systems across all relevant domains, to include
cyber and other security, business, and
financial operations; and
(iii) an evolving level of advanced
interoperability of the electronic health
record with the greatest number of electronic
health record systems, platforms, services, and
related interfaces in the Federal, private,
nonprofit, and other relevant health sectors.
(J) To develop health information technology
modernization strategies and implementation plans that
provide the Department with the most flexibility to
continuously modernize the health information
technology systems of the Department in an agile
manner, not committed to any one particular vendor or
vendors or technology solution or solutions, commonly
known as ``vendor lock'', and respond to new trends in
the health information technology industry in real
time, allowing for relevant and appropriate integration
with other health information technology platforms and
services.
(K) To aggressively manage and monitor the
implementation of all contracts and services procured
by the Department related to such electronic health
record and related services to control cost, ensure
best value, monitor, and evaluate delivery of the
services procured in line with program goals and
desired outcomes.
(L) To carry out the purposes and goals described
in subparagraphs (A) through (K) at the most effective
short-, medium-, and long-term cost to the Federal
Government using industry and government best practices
so as to protect taxpayers.
(M) Such other purposes or goals as determined--
(i) pursuant to the report submitted under
subsection (b)(6); or
(ii) by the Secretary, the Deputy
Secretary, or the Under Secretary pursuant to a
report submitted to the appropriate committees
of Congress describing any new purpose or goal
for the Program not later than 90 days after
adding such purpose or goal to the Program.
(b) Establishment of Program Management Office.--
(1) In general.--There is established within the Veterans
Health Administration the Electronic Health Record and Health
Information Technology Modernization Program Management Office
(referred to in this section as the ``Office''). The Secretary
or the Deputy Secretary may rename the Office and upon renaming
such office shall notify Congress not later than 60 days after
such renaming.
(2) Organizational location of office.--
(A) In general.--The Under Secretary shall
determine the appropriate organizational location
within the Veterans Health Administration for the
Office so as to align responsibilities within existing
or newly formed clinical, patient safety, health
informatics, finance, and other business operations of
the Veterans Health Administration.
(B) Reorganization of office.--The Secretary, the
Deputy Secretary, and the Under Secretary may move or
reorganize the organizational location of the Office
only after notifying the appropriate committees of
Congress not later than 90 days before such move or
reorganization.
(3) Leadership and staff.--
(A) Executive director.--The Under Secretary shall
establish a leader to be responsible for the Office, to
be known as the ``Executive Director of the Electronic
Health Record and Health Information Technology
Modernization Program Management Office''.
(B) Program functional champion.--
(i) In general.--The Under Secretary shall
establish a Functional Champion of the Program
who will serve with the Executive Director of
the Office.
(ii) Duties.--The duties of the Functional
Champion are--
(I) to be the lead clinical
executive to guide and address
functional initiatives to support
medical personnel of the Department in
the deployment of a new electronic
health record and other health
information technology products; and
(II) to carry out such additional
duties as the Under Secretary and the
Executive Director of the Office may
prescribe.
(C) Other offices and positions.--
(i) In general.--The Under Secretary shall
direct the establishment of various other
relevant sub-offices and positions for the
Office as the Under Secretary considers
necessary drawing upon best practices from the
Department, the Department of Defense, and
other government, private sector, and nonprofit
models and develop an organizational model
tailored to the Department for business and
management effectiveness.
(ii) Types of sub-offices.--At a minimum,
within the Office there shall be offices
dedicated to--
(I) training;
(II) change management;
(III) communications;
(IV) field support;
(V) contract task order
development, monitoring, and oversight;
(VI) metrics, performance, and
value; and
(VII) quality and safety.
(iii) Sense of congress.--It is the sense
of Congress that--
(I) the Department should develop a
model under clause (i) that is driven
by best practices from government and
industry but not replicate for the sake
of replication structures used by the
Department of Defense or elsewhere that
do not factor in the patient
population, unique mission, Fourth
Mission requirements, and research
requirements of the Department, and
other relevant factors; and
(II) the structure of such model
should be driven by the objectives of
the Office and the desired end state to
improve value and quality of care and
health outcomes for veterans while
improving provider efficiency and
productivity and operations of the
Department.
(4) Function and duties.--
(A) Function.--The function of the Office shall be,
with respect to all aspects of the modernization or
replacement of the electronic health record and other
key health information technology and services of the
Department--
(i) to develop and execute strategy in
coordination with relevant offices and entities
of the Department; and
(ii) to perform management, oversight, and
accountability, including over all contracts,
coordination, planning, management, and
implementation.
(B) Duties.--The duties of the Office shall include
the following:
(i) Ensuring the Program delivers the tools
medical professionals of the Department need to
safely deliver care to veterans while
increasing productivity, satisfaction, and
efficiency as measured by metrics.
(ii) Organizing all of the relevant health,
business, informatics, and related offices of
the Veterans Health Administration to ensure a
coordinated strategy regarding the new
electronic health record and other current and
future key health information technology and
services of the Department.
(iii) Coordinating with other offices and
entities of the Department with key
dependencies and responsibilities in the
success of the Program or operational needs for
the services of the Program, including the
Office of Information and Technology, the
Veterans Benefits Administration, and other
relevant offices.
(iv) Ensuring the stability and security of
the new electronic health record and other
current and future key health information
technology and services of the Department.
(v) Oversight of work performed by
contractors regarding such record, technology,
and services.
(vi) Developing a health information
technology strategy of the Department--
(I) to increase quality of care,
health outcomes, and experience of care
received by veterans;
(II) to increase value to business
and health operations of the
Department;
(III) to enable the further
recruitment and retention of medical
professionals; and
(IV) to coherently define how
disparate health information technology
efforts of the Department can be
aligned to deliver on that strategy
with concrete goals, metrics, and
outcomes.
(vii) Developing goals, key performance
indicators, and metrics to evaluate such
record, technology, and services, including
with respect to financial performance, provider
productivity, and health performance.
(viii) Monitoring such goals, performance
indicators, and metrics to develop actions for
when such goals, performance indicators, and
metrics have not been met.
(ix) Improvement of business operations of
the Department relating to such record,
technology, and services.
(x) Such other matters as the Secretary,
the Deputy Secretary, or the Under Secretary
consider appropriate.
(5) Report on establishment of office.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Deputy
Secretary, the Under Secretary, and the Chief
Information Officer of the Department shall submit to
the appropriate committees of Congress a single report
outlining the establishment of the Office and its
current strengths and weaknesses.
(B) Elements.--The report required under
subparagraph (A) shall include--
(i) a clear articulation of the objective
of the Program and how that objective is tied
to the broader health information technology
modernization strategy and health care mission
of the Department, which shall include
functional and technical quality standards to
define success of the Program based on clear
demonstration of improved health and business
operational metrics;
(ii) a strategy describing how technology
procured by the Department shall be part of a
comprehensive approach for using health
information technology, models of care
delivery, and research conducted by the
Department to strengthen services for veterans
and veteran engagement;
(iii) concrete steps for how the Department
will use internal and external resources to
operationalize the strategy under clause (ii)
through technical and functional engineering
expertise to streamline the organization and
governance of the Office of Information and
Technology, the Veterans Health Administration,
and other relevant offices or entities of the
Department to enact that strategy;
(iv) an assessment of the current and
desired future state, with timelines to achieve
such future state, of enterprise business and
technical architecture, information technology
product consolidation and management,
information technology governance, business and
clinical process standardization and quality
control of the Department and the steps that
are or will be taken in response to that
assessment, including a timeline for execution
of those reforms; and
(v) a description, as of the date of the
report, of the current status of the objectives
of the Office, whether those objectives are
being met, and if they are not being met the
steps the Department will take, including a
timeline, to achieve those objectives.
(c) Deputy Chief Information Officer for Electronic Health Record
and Health Information Technology.--
(1) Establishment.--There is established within the Office
of Information and Technology of the Department a Deputy Chief
Information Officer for Electronic Health Record and Health
Information Technology who shall be accountable for all
technical implementation of the modernization of the electronic
health record and health information technology, in
coordination with the Program and the Office.
(2) Renaming.--The Chief Information Officer of the
Department may rename the position established under paragraph
(1) and upon renaming such position shall notify Congress not
later than 90 days after such renaming.
(3) Chain of command.--The Deputy Chief Information Officer
for Electronic Health Record and Health Information Technology
of the Department shall report to the Chief Information Officer
and the Assistant Secretary for Information and Technology of
the Department.
(4) Duties.--The Deputy Chief Information Officer for
Electronic Health Record and Health Information Technology of
the Department shall be responsible for organizing all
functions of the Office of Information and Technology of the
Department to support the modernization of the electronic
health record and health information technology of the
Department, including cyber security, system stability and
uptime, system performance, and integration with relevant
platforms, systems, and services, including those of the
Department of Defense and other Federal agencies.
(5) Additional guidance.--The Chief Information Officer of
the Department may provide additional or modified guidance for
the role of Deputy Chief Information Officer for Electronic
Health Record and Health Information Technology of the
Department.
(d) Administrative Matters.--
(1) Accountability and oversight for program.--The Deputy
Secretary shall be the accountable official for the Program,
oversee the Program, and may direct resources, subject to
appropriations, throughout the Department, particularly to the
Veterans Health Administration and the Office of Information
and Technology of the Department, to facilitate successful
planning, management, oversight, and execution of the Program.
(2) Responsibility for program and office.--The Under
Secretary shall be the responsible official for the Program and
the Office, working together with the Executive Director of the
Office. The Under Secretary and the Executive Director of the
Office shall be directly responsible and in charge of the daily
work of the Program and the Office.
(3) Tracking and reporting of funds.--Any funds directed by
the Deputy Secretary to other entities of the Department to
support the Program or the Office shall be tracked and reported
as falling under the Program regardless of the office that
manages and executes those particular funds.
SEC. 102. ESTABLISHMENT OF DEPARTMENT OF VETERANS AFFAIRS ADVISORY
SUBCOMMITTEE ON ELECTRONIC HEALTH RECORD AND HEALTH
INFORMATION TECHNOLOGY MODERNIZATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary, acting in coordination with and
through the Under Secretary, shall establish a permanent subcommittee
of the special medical advisory group established under section 7312 of
title 38, United States Code, focused on electronic health record and
health information technology modernization of the Department, to be
known as the Subcommittee on Electronic Health Record and Health
Information Technology Modernization (in this section referred to as
the ``Subcommittee'').
(b) Composition of Subcommittee.--
(1) In general.--The Subcommittee shall be composed of not
fewer than 5 and not more than 10 individuals selected by the
Under Secretary who have a current or previous documented and
relevant deep professional background within a leading health
care organization or organizations of the United States in the
private or nonprofit health sector, including--
(A) experience with health systems;
(B) experience as a health executive, chief health
information or informatics officer, chief medical
information officer, clinician, or nurse with deep
experience implementing or overseeing medium- or large-
scale health information technology transformation,
including electronic health record deployments and
business modernizations;
(C) experience improving health care outcomes;
(D) experience managing change; or
(E) experience in developing and implementing
electronic health record training.
(2) Nurse or nurse executive.--At least one member of the
Subcommittee shall be a nurse or nurse executive.
(3) Member of veterans service organization.--At least one
member of the Subcommittee shall be a representative of a
Federally chartered, membership-based veterans service
organization.
(4) Limitation.--An individual is not eligible to be a
member of the Subcommittee if the individual--
(A) is from the information technology vendor or
technology development sector; or
(B) had a role in the Oracle or Cerner procurement
by the Department or related contracts for program
management services for the electronic health record
modernization program of the Department.
(c) Duties.--The Subcommittee shall produce periodic reports and
recommendations as directed or requested by the Secretary or the Under
Secretary on plans and opportunities for the Department to improve its
strategy, goals, and implementation for and deployment of electronic
health records and health information technology to better improve
quality of care, patient outcomes, operational efficiency and
productivity, provider productivity and engagement, and related matters
based on national best practices that are relevant to the Department.
(d) Administration.--Administration of the Subcommittee, including
terms of service and replacement of members, shall be guided by the
rules and charter of the special medical advisory group established
under section 7312 of title 38, United States Code.
(e) Termination.--This section shall terminate on the date on which
the Secretary determines that a modernized electronic health record has
been deployed to every medical center and other relevant medical
facility of the Department.
TITLE II--DEPLOYMENT CRITERIA AND THRESHOLDS TO ADVANCE
SEC. 201. REQUIREMENT TO EXCEED OR MEET CERTAIN HEALTH CARE PERFORMANCE
BASELINE OR NATIONAL METRICS FOR CONTINUATION OF
ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary may not initiate a new go-live
deployment of the electronic health record modernization program until
the quality, access, productivity, and all other health and operational
performance metrics data of the Veterans Health Administration and the
Office of Information and Technology of the Department at each facility
of the Department (including any subsidiary facilities, such as
community-based outpatient clinics) that is using the Oracle-Cerner
product under such program as of January 31, 2023, has either--
(1) exceeded the health and information technology
operational levels of the facility before deploying such
product; or
(2) met national standards set forth by the Veterans Health
Administration for quality, safety, efficiency, and financial
performance as established by the Program established under
section 101(a) and the Under Secretary.
(b) Establishment of National Standards.--
(1) In general.--The Under Secretary and the Program
established under section 101(a) shall establish national
standards required under subsection (a)(2) to create a common
health performance standard of the Veterans Health
Administration under which all medical facilities of the
Department may be evaluated under that subsection that takes
into account relevant differences in size, complexity, and
market of each facility.
(2) Common metric and standard.--In establishing standards
under paragraph (1), the Under Secretary and the Program
established under section 101(a) shall establish a common data
driven metric and service delivery standard for care for
veterans by which medical facilities of the Department can be
evaluated.
(3) Reports.--
(A) Initial report.--Not later than 60 days after
the establishment of standards under paragraph (1), the
Program established under section 101(a) shall submit
to the appropriate committees of Congress a report on
such standards.
(B) Modification to standards.--Not later than 30
days before the modification to any standards
established under paragraph (1), the Program
established under section 101(a) shall submit to the
appropriate committees of Congress a report on such
modification.
(c) Termination or Continuation of Use.--
(1) In general.--If, by the date that is 180 days after the
date of the enactment of this Act, the data from the first five
facilities of the Department as well as any relevant remote
sites, consolidated patient account centers, subsidiary
facilities, such as community-based outpatient clinics that
deployed the Oracle-Cerner product, have not reached the
requirements under subsection (a)--
(A) not later than 13 months after such date of
enactment, the Secretary, in consultation with the
Deputy Secretary, the Under Secretary for Health, the
Chief Information Officer, and the Executive Director
of the Office, shall--
(i) submit to the appropriate committees of
Congress a plan on how the Department will meet
the requirements under such subsection either
through the existing technology strategy of the
Department, a new procurement, or some other
combination or approach; and
(ii) publicly announce a replacement
technology solution or solutions or contract or
contracts, including a new timeline and
strategy to implement such solution or
solutions; and
(B) not later than 180 days after completing the
requirements under subparagraph (A), the Secretary
shall--
(i) terminate, cancel, or modify the
contract for the Oracle-Cerner product; and
(ii) develop appropriate coordination and
transition plans for the transition of use of
technology from the Oracle-Cerner product back
to VistA or from the Oracle-Cerner product to
an alternate electronic health record
technology.
(2) Limitation on cancellation of existing contract.--In
carrying out paragraph (1), to ensure a smooth transition and
reduce operational and care delivery disturbance, the Secretary
may not terminate any existing electronic health record
contract until a replacement contract and strategy for such
electronic health record are in place or near award and
commencement.
(3) Extension of time.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary may,
for one time only, temporarily delay each of the
requirements of paragraph (1) for a period not to
exceed 180 days if the Secretary determines such delay
is necessary due to mission critical, national
emergency, national security, patient safety, quality
and access to care, protection of taxpayer investments,
or other unforeseen reasons.
(B) Justification for extension.--If the Secretary
determines that a delay under subparagraph (A) is
necessary, not later than 105 days after the date of
the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report
setting forth the justification of the Secretary for
such delay.
SEC. 202. REQUIREMENTS BEFORE CONTINUED DEPLOYMENT OF NEW ELECTRONIC
HEALTH RECORD BY DEPARTMENT OF VETERANS AFFAIRS AT
ADDITIONAL LOCATIONS AND FACILITIES.
(a) Report on Metrics To Determine Continued Deployment.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Deputy Secretary shall submit to
the appropriate committees of Congress a report containing the
metrics, readiness criteria, and governance decision process
that the Department will use to determine whether continued
deployment of the electronic health record technology of the
Department is appropriate in June 2023, or whether a further
pause in such deployment is warranted to address system issues,
patient safety, technology features, provider efficiency, and
related matters.
(2) Metrics.--The metrics included in the report submitted
under paragraph (1) shall--
(A) be data driven based on industry standards,
metrics of the Department, and the unique health care
delivery needs of the Department to serve veterans,
perform research, and support Fourth Mission
requirements;
(B) ensure patient safety, quality of and access to
care, system stability, cyber security, and sound
financial and business administration activities are
successfully evaluated as stable and functional at
desired performance levels and in place to proceed;
(C) ensure completion of relevant training and
change management activities; and
(D) include any other specific readiness criteria
that each location of the Department is required to
meet before moving forward with continued deployment of
the electronic health record technology of the
Department, as determined by the Department.
(3) Other elements.--The report submitted under paragraph
(1) shall--
(A) indicate how the metrics required under the
report are or will be adjusted to incorporate the
research function and health complexity levels of
facilities of the Department and whether additional or
different metrics are or will be added based on more or
less complex facilities or facilities with a greater
research function;
(B) explain how the metrics and readiness criteria
under the report incorporate appropriate input and
findings of the National Center for Patient Safety, the
Clinical Episode Review Team, or the Office of the
Assistant Under Secretary for Health for Quality and
Patient Safety of the Veterans Health Administration,
or any successor office, and resolve any issues raised
by those offices to the satisfaction of those offices
through information technology changes, functionality,
training, and other areas, including regarding patient
record flags, behavioral health and suicide risks,
configuration of roles and responsibilities, referrals,
ambulatory care, pharmacy, identity, orders, medication
administration, and other areas, which shall include a
specific description of how each issue identified in
the March 2023 report of the Department entitled,
``EHRM Sprint Report'' has been resolved or mitigated;
and
(C) provide a clear process description
reflecting--
(i) the repeatable method for how decisions
relating to deployment of electronic health
record technology are made within the
Department from the field level up to the
Secretary; and
(ii) the input received from each relevant
element of the Department before such a
decision is made, to include input from the
National Center for Patient Safety.
(4) Certification.--In submitting metrics under paragraph
(1), the Deputy Secretary shall certify that the metrics have
been approved by the Under Secretary, the Executive Director of
the Office, and the Chief Information Officer of the
Department.
SEC. 203. SENSE OF CONGRESS ON TRAINING AND CHANGE MANAGEMENT
ACTIVITIES FOR DEPLOYMENT OF NEW ELECTRONIC HEALTH
RECORD.
It is the sense of Congress that--
(1) training and change management with respect to any new
electronic health record shall be led by the Department and
employees of the Department who are uniquely positioned to
understand the legacy VistA system of the Department, the
existing and future standardized workflow of the Department,
and the history, culture, and mission of the Department; and
(2) any contractors of the Department involved in the
implementation of any new electronic health record should serve
in a support function to the Department rather than lead and
conduct all training and change management activities.
TITLE III--ENHANCED SUPPORT FOR HEALTH CARE AND OTHER FACILITIES
DEPLOYING NEW ELECTRONIC HEALTH RECORD
SEC. 301. REPORT ON SUPPORT TO FACILITIES FOR NEW ELECTRONIC HEALTH
RECORD DEPLOYMENT BY DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Secretary shall submit to the
appropriate committees of Congress a report summarizing the standard
support services that the Department does or intends to provide to each
facility in preparation for potential future deployment of the new
electronic health record of the Department at such facility and in the
period after such deployment.
(b) Support To Be Provided.--The support required to be provided to
a facility by the Department and included in the report under
subsection (a) shall include, at a minimum, the following:
(1) Budgetary resources and support to address the need for
increased staffing at the facility, reduced productivity and
collections, increased use of community care networks, and
other issues identified in the report of the Institute for
Defense Analyses dated October 2022, entitled ``Independent
Cost Estimate for Veterans Affairs Electronic Health Record
Modernization Program''.
(2) Increased staffing level surge at the facility,
including temporary and permanent staff.
(3) Steps to be taken by the Department to reduce burnout
and turnover.
(4) Enhanced training to include government or vendor
supplied trainers to maintain a presence until dismissed by the
director or other relevant leader of the facility after
deployment of the new electronic health record.
(5) A description of any additional legislative action
requested to improve the level of support services required at
each such facility for such deployment.
(6) Such other support as the Deputy Secretary determines
necessary in consultation with the Under Secretary, the
Executive Director of the Electronic Health Record and Health
Information Technology Modernization Program Management Office,
and the Chief Information Officer.
SEC. 302. MODIFICATION OF QUARTERLY REPORT TO INCLUDE INFORMATION ON
SYSTEM STABILITY, SATISFACTION, MORALE, RETENTION OF
STAFF, TRAINING, AND CHANGE MANAGEMENT WITH RESPECT TO
NEW ELECTRONIC HEALTH RECORD OF DEPARTMENT OF VETERANS
AFFAIRS.
Section 503(b) of the Veterans Benefits and Transition Act of 2018
(Public Law 115-407; 38 U.S.C. 5701 note prec.) is amended--
(1) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and moving those
subparagraphs, as so redesignated, two ems to the right;
(2) in the matter preceding subparagraph (A), as designated
by paragraph (1), by striking ``Not later than 30 days'' and
inserting the following:
``(1) In general.--Not later than 30 days''; and
(3) by adding at the end the following new paragraph:
``(2) Additional matters to be included.--
``(A) In general.--The Secretary shall include with
any update submitted under paragraph (1) on or after
the date of the enactment of the Electronic Health
Record Program Restructure, Enhance, Strengthen, and
Empower Technology Act of 2023, with respect to the
quarter covered by the report, the following:
``(i) Data on employee satisfaction with
the new electronic health record of the
Department of Veterans Affairs using credible,
industry standard surveys and data analysis.
``(ii) Data on retention, morale, and
turnover at sites using such new record.
``(iii) Data on satisfaction with training
and change management activities provided to
employees and facilities of the Department
regarding such record.
``(iv) Data on ticket resolution and
closure.
``(v) The specific system enhancements to
include configuration changes and new service
requests that have been tested and put into
production for electronic health record system
users and a list and description of remaining
configuration changes and new service requests
under development or in requirements
development and the estimated date for such
improvements to be tested and put into
production for electronic health record system
users.
``(vi) The system performance statistics
for such record, to include--
``(I) cause, length, and source of
or responsible entity for performance
issues; and
``(II) corrective steps taken to
rectify outages, performance
degradations, incomplete functionality,
and loss of redundancy.
``(vii) The health operations,
productivity, and quality metrics of each
facility using such new record as of the end of
the quarter covered by the report compared to
the health operations, productivity, and
quality metrics of that facility before
deployment of the new record while using the
legacy VistA and related systems and compared
to the national quality and access standards
established by the Veterans Health
Administration to evaluate performances of
medical facilities under section 201(b) of the
Electronic Health Record Program Restructure,
Enhance, Strengthen, and Empower Technology Act
of 2023.
``(viii) Revenue, collections, and all
other financial data at facilities using such
new record, including an assessment of planned
versus actual revenue and collections and steps
taken to remediate performance challenges as
well as a comparison to revenue, collections,
and all other financial data collected before
the new record was in use.
``(ix) A description of the number of cure
notices, letters of concern, and other relevant
corrective contracting actions taken by the
Department, the responses to those actions by
relevant contractor or contractors and any
credits, reimbursements, or other relevant
repayment or corrective action agreed upon or
issued and the dates, purposes, and reasons for
issuance of such cure notices, letters of
concern, and other relevant requests for
corrective actions and the status or resolution
of those matters.
``(B) Compilation of information.--The information
provided under subparagraph (A) shall be--
``(i) compiled in a manner that shows the
information over time, at the facility level
and aggregated for all facilities;
``(ii) compiled using industry-based
questions, standards, and metrics; and
``(iii) informed by the unique veteran care
delivery services and functions of the
Department.''.
TITLE IV--CONTRACTING AND ACQUISITION OVERSIGHT AND REFORM
SEC. 401. TERMINATION OF CONTRACT WITH ORACLE CERNER FOR TRAINING AND
CHANGE MANAGEMENT.
(a) In General.--Not later than 275 days after the date of the
enactment of this Act, the Secretary shall--
(1) terminate all contracts of the Department with Oracle
Cerner for training and change management related to electronic
health record modernization; and
(2) cease to issue task orders for training and change
management activities from Oracle Cerner or subcontractors of
Oracle Cerner.
(b) Replacement of Services.--Before terminating all contracts of
the Department with Oracle Cerner as required under subsection (a)(1),
the Secretary, as the Secretary determines necessary and consistent
with section 203 of this Act, shall put plans in place to replace the
services provided under those contracts with a new contract or
contracts, competitively procured, with companies with a proven track-
record in delivering electronic health record and health information
technology training and change management in medium or large health
systems in the United States.
(c) Report.--Not later than 200 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on the implementation of this section.
SEC. 402. STRENGTHENING CONTRACT NEGOTIATION BY DEPARTMENT OF VETERANS
AFFAIRS WITH RESPECT TO NEW ELECTRONIC HEALTH RECORD AND
DESIGNATION OF LEAD CONTRACT NEGOTIATOR.
(a) Designation of Lead Negotiator for New Electronic Health
Record.--
(1) In general.--The Secretary shall designate one senior
career official of the Department, at grade GS-15 of the
General Schedule or an equivalent or higher grade, as the lead
negotiator for the Department on all current and future
contracts relating to the new electronic health record of the
Department (in this section referred to as the ``Negotiator'').
(2) Organization.--The Negotiator shall reside within the
Office of Acquisition, Logistics, and Construction of the
Department and report to the Chief Acquisition Officer of the
Department.
(3) Notification.--Not later than 15 days after designating
the Negotiator under paragraph (1), the Secretary shall notify
the appropriate committees of Congress of such designation.
(b) Objective of Negotiations.--The goal of contract negotiations
and activities conducted by the Negotiator with respect to contracts
relating to the new electronic health record of the Department are, at
a minimum--
(1) to ensure that any future contracts or task orders for
such a record, including modifications of existing contracts or
new awards, shall--
(A) seek to protect the interest of taxpayers to
the greatest extent practicable; and
(B) recover, by whatever means available, direct
and indirect costs that the Department and veterans
have already incurred due to patient harm, poor
performance, inadequate training, insufficient ticket
resolution, system crashes, inefficient processes
driven by new technology, extra Department personnel
hours, and other factors relating to the use of the
Oracle-Cerner product;
(2) to consider options to descope existing contracts and
secure discounted rates on future work and sustainment work;
(3) to achieve aggressive industry standard service-level
agreements and significant financial penalties for failure to
meet those standards;
(4) to contractually codify the services, technology
features, and other elements that have been verbally offered to
the Department at no cost by a contractor or contractors
related to such new record;
(5) to develop an organized and properly phased contract
cancellation, transition, and replacement strategy should the
negotiations not result in best value terms for the taxpayer,
veterans, and medical personnel of the Department; and
(6) to address issues of conflicting or duplicative
contracting requirements to include those between contractors
deploying various aspects of such new record and the program
management office contract, including potential conflicts of
interest and perverse incentives for one set of contractors to
inhibit or slow the work of other contractors for potential
financial gain and leverage for current and future work for the
Department.
(c) Coordination of Activities.--The Negotiator shall closely
coordinate with individuals in the Program and the Office established
under section 101 who have day-to-day responsibility for existing
contract oversight with respect to health record contracts and relevant
health information technology contracts.
(d) Consultation.--The Negotiator shall leverage and consult with
all relevant stakeholders of the Department, but at a minimum the
Secretary, the Deputy Secretary, the Office of General Counsel, the
Under Secretary, and the Chief Information Officer and the Assistant
Secretary for Information and Technology of the Department, in
conducting negotiations relating to the electronic health record of the
Department.
(e) Assistance.--
(1) Other federal agencies.--In conducting negotiations
relating to the new electronic health record of the Department,
the Negotiator or the Secretary may request assistance from the
other Federal agencies that have experienced contract
negotiators, legal counsel, litigators, and other relevant
personnel, particularly those with specialties and experience
in health information technology acquisitions, contracts,
negotiations, and litigation.
(2) Outside entities.--
(A) In general.--In conducting negotiations, the
Negotiator or the Secretary may engage non-Federal,
private sector, or nonprofit entities to perform
independent contract and legal advisory services for
the Department so as to advise the Department on
options and strategies to achieve a revised, modified,
or new contract for a new electronic health record that
is of better value to the taxpayer or where necessary
for appropriate cancellation terms and transition
planning.
(B) Types of entities.--In procuring services under
subparagraph (A), the Negotiator and the Secretary--
(i) shall only engage with entities that
have a proven, long-term experience in
delivering value and resolution to entities
through high-dollar contracts, agreements,
settlements, or litigation structured to
deliver performance, accountability, and value
to taxpayers, governments, or clients, as the
case may be; and
(ii) shall not engage with a company that
works for Oracle, Oracle Cerner, or any
subcontractor of either such company.
(f) Terms Relating to Protection of Data.--Any contract of the
Department related to electronic health records entered into on or
after January 1, 2018, shall include a clause or clauses, or be
modified to include such clause or clauses, protecting the health and
other personal identifying data of veterans to include a total
prohibition on that data being monetized, sold, controlled, or
otherwise misused by any internal or external entity conducting work
for, with, or on behalf of the Department, including data that has gone
through anonymization.
SEC. 403. INDEPENDENT VERIFICATION AND VALIDATION OF CERTAIN MAJOR
MODERNIZATION EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Contracting Authority.--Not later than 90 days after the date
of the enactment of this Act, the Chief Acquisition Officer of the
Department of Veterans Affairs established pursuant to section 1702 of
title 41, United States Code, shall enter into a contract with an
eligible entity under subsection (b) to carry out the oversight
functions described in subsection (c).
(b) Eligibility.--An entity is eligible under this subsection if
the Chief Acquisition Officer of the Department determines that, with
respect to the solicitation by the Department for a contract under
subsection (a), the entity--
(1) is currently performing or has performed, during the
three-year period preceding the date of the issuance of such
solicitation, not fewer than three prime contracts for the
independent verification and validation, or equivalent
technical and program oversight support, of major defense
acquisition programs or priority defense business systems, in
accordance with guidance of the Department of Defense relating
to such acquisition programs or such business systems; and
(2) is not currently performing and has not performed, for
at least the five-year period preceding the date of the
issuance of such solicitation, any contract or subcontract for
the Department of Veterans Affairs (including such a contract
or subcontract relating to a covered program).
(c) Functions.--The oversight functions described in this
subsection are the following:
(1) Conducting an initial assessment of each covered
program and submitting to the Secretary a report containing the
findings of such assessment.
(2) On an annual basis, conducting an overall assessment of
each covered program and submitting to the Secretary a report
containing the findings of each such assessment.
(3) Conducting continuous oversight of the activities
carried out under, and the systems associated with, each
covered program, including oversight of the status, compliance,
performance, and implementation of recommendations with respect
to, for each covered program, the following:
(A) Management, including governance, costs, and
implementation milestones and timelines.
(B) Contracts for implementation, including
financial metrics and performance benchmarks for
contractors.
(C) Effect on the functions, business operations,
or clinical organizational structure of the health care
system of the Department.
(D) Supply chain risk management, controls, and
compliance.
(E) Data management.
(F) With respect to associated systems, the
following:
(i) Technical architectural design,
development, and stability of the systems.
(ii) System interoperability and
integration with related information technology
systems.
(iii) System testing.
(iv) Functional system training provided to
users.
(v) System adoption and use.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary receives any annual report under subsection
(c)(2), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives such report.
(e) Awarded Amounts.--Not later than 90 days after the date on
which the Chief Acquisition Officer of the Department enters into the
contract under subsection (a), the Chief Financial Officer of the
Department, in coordination with the heads of such office of the
Department responsible for the management of a covered program, shall
ensure that amounts awarded to an eligible entity under such contract
are derived, in proportionate amounts, from amounts otherwise
authorized to be appropriated for each such office of the Department,
respectively.
(f) Definitions.--In this section:
(1) Covered program.--The term ``covered program'' means
the following:
(A) The electronic health record modernization
program (or any successor program).
(B) The Financial Management and Business
Transformation Program (or any successor program).
(C) Any program of the Department relating to
supply chain modernization.
(D) Any program of the Department relating to the
modernization of information technology systems
associated with human resources.
(E) Any program of the Department relating to the
Veterans Benefits Management System.
(2) Priority defense business system.--The term ``priority
defense business system'' has the meaning given such term in
section 2222(i) of title 10, United States Code.
(3) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given such term
in section 4201 of title 10, United States Code.
SEC. 404. ANNUAL REPORT ON EFFORTS TO MAINTAIN VISTA ELECTRONIC HEALTH
RECORD SYSTEM.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and not later than 90 days after the beginning
of each fiscal year thereafter, the Secretary shall submit to the
appropriate committees of Congress a report on the VistA system used by
the Department.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The cost to maintain and strengthen the VistA system
for each of fiscal years 2018 through 2022, for funding
relating to both development and operations and maintenance.
(2) The projected cost to maintain and strengthen such
system for fiscal year 2023, for funding relating to both
development and operations and maintenance.
(3) The projected cost to maintain and strengthen such
system for each of fiscal years 2024 through 2033, for funding
relating to both development and operations and maintenance.
(4) The planned enhancements underway to strengthen and
secure the VistA system until its features and modules are no
longer needed by the Department through such system, or have
been subsumed or replaced by other programs and information
technology services and systems, including cyber security
enhancements, movement to the cloud, and new features and
services.
(5) A list of modules or features of the VistA system that
are not planned to be replaced, subsumed, or otherwise
incorporated into a new electronic health record or other
health information technology and are planned to reside in a
remnant VistA system, or successor remnant system.
(c) Initial Report.--The first report required by subsection (a)
shall include a description of any enhancements to the VistA system
that have occurred during the one-year period preceding the date of the
report and those planned for the fiscal year in which the report is
submitted.
(d) Subsequent Reports.--Each report after the first report
required by subsection (a) shall include a description of any
enhancements to the VistA system that have occurred during fiscal year
immediately preceding the date of the report, those planned, but not
implemented and an explanation for such lack of implementation and
those planned for the fiscal year in which the report is submitted.
(e) Termination.--This section shall terminate on the date that is
15 years after the date of the enactment of this Act.
SEC. 405. REPORT ON ALTERNATIVES TO CURRENT ELECTRONIC HEALTH RECORD
TECHNOLOGY AND CONTRACT FOR DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report on paths the Department and Congress
should consider to achieve a modernized electronic health record as an
alternative to the Oracle-Cerner product.
(b) Elements.--The report required under subsection (a) shall
include the following with respect to an alternative path or paths to
be considered by the Department and Congress:
(1) Considerations for and against such alternative path or
paths.
(2) Accurate reinvestment analysis of expenditures,
developed consistent with cost estimation and other relevant
guidance issued by the Comptroller General of the United
States, already made on the modernized electronic health record
as of the date of the report, including an assessment of which
of those expenditures would have to be made again and which
would not based on an alternative technology and contract path
chosen and the ability to repurpose investments.
(3) The capabilities and weaknesses of other technology
solutions the Department could pursue, including an assessment
of long-term value and return on investment from a health
delivery, health quality, and operational perspective, and the
acquisition process that could be used to procure such
solutions.
(4) An analysis of electronic health record and health
information technology market trends, capabilities, and market
leaders to include user satisfaction and health outcome
statistics to the extent they are relevant to the goals and
strategy of the Department.
(5) An analysis of whether the Department choosing an
alternative path or paths would, and to what extent, or would
not impact necessary alignment with the electronic health
record modernization conducted by the Department of Defense
commonly known as MHS GENESIS.
(6) An analysis of whether the ability to share and
exchange records in an interoperable manner, and with what
level of interoperability, with the Department of Defense would
be negatively impacted or positively enhanced, or neither, by
an alternative technology path or contract.
(7) An analysis of whether the ability share and exchange
records in an interoperable manner, and with what level of
interoperability, with non-Federal health entities would be
negatively impacted or positively enhanced, or neither, by an
alternative technology path or contract.
(8) An estimated timeline to restart deployment of a new
electronic health record of the Department with a different
vendor based on an alternative technology path or contract.
(9) An assessment of options that may include--
(A) a narrow or descoped contract supplemented by
other contracts to strengthen areas in which the
Oracle-Cerner product performs in a substandard fashion
or is inadequate to the health delivery and operational
needs of the Department; or
(B) any other combination of possibilities.
(10) An analysis of the strengths and weaknesses of the
alternative path or paths towards the Department meeting or
exceeding the highest industry interoperability standards.
(11) An analysis of whether the interoperability of the
Oracle-Cerner product with the private sector, the community
care networks of the Department, academic hospitals, Federal
health entities, and other relevant health providers, systems,
and networks is demonstrably superior to other electronic
health records in the health technology industry.
(12) A description of which path or paths the Secretary has
selected to take or not take, the reason for such selection,
and the key milestones to achieve any new course of action
described, including any new Departmental structures, estimated
life cycle costs, and timelines.
(13) Such other matters as the Secretary considers
appropriate.
SEC. 406. REPORT ON LEADERSHIP, ACQUISITION, AND CONTRACTING OVERSIGHT
LESSONS LEARNED.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, through the Chief Acquisition
Officer, the Under Secretary for Health, and the Executive Director of
the Electronic Health Record and Health Information Technology
Modernization Program Management Office, shall submit to the
appropriate committees of Congress a report detailing the structural
controls, programs, and processes the Department has or will put in to
place to prevent current or future failures with respect to leadership
engagement and management, strategic planning, contracting and contract
oversight, and program management in--
(1) the implementation of the electronic health record
modernization program of the Department from 2017 to the date
of the report; and
(2) any large acquisitions and major modernizations
conducted, including those that are ongoing or planned by the
Department after the date of the report.
(b) Elements.--The report required under subsection (a) shall
include--
(1) steps to improve the composition of and management of
task orders placed on the current and any future electronic
health record contract or other major acquisition or
modernization, including covered programs (as defined in
section 403(f));
(2) a timeline to achieve the reforms described in the
report or the date upon which reforms already put in place were
finalized and implemented;
(3) a description of lessons learned regarding the need for
stable consistent leadership, strategy, and management of large
modernization programs and how to prevent such challenges as
experienced with the electronic health record modernization
initiated in 2017 from occurring again in any major program of
the Department; and
(4) a description of the number of acting or Senate-
confirmed Deputy Secretaries of the Department and the number
of leaders of the program management office of the electronic
health record modernization program of the Department from 2017
to the date of the report.
(c) Legislative or Administrative Action.--The report required by
subsection (a) shall include a description of any legislative or
administrative action necessary to achieve the structural controls
described in such subsection.
SEC. 407. REPORT ON CONTRACT SAVINGS, SERVICES PROVIDED AT NO COST TO
THE DEPARTMENT, AND CONTRACT COST INCURRED WITH RESPECT
TO ORACLE-CERNER PRODUCT.
Not later than 90 days after the date of the enactment of this Act,
the Deputy Secretary shall submit to the appropriate committees of
Congress a report that contains the following:
(1) A detailed list of the services, functions, or other
matters that Oracle-Cerner provided to the Department without
compensation since assuming ownership of Cerner in June 2022.
(2) A list of specific credits or reimbursements, to
include dollar amounts and an indication of the specific
failure for which those credits or reimbursements are provided,
Cerner or Oracle-Cerner has provided to the Department across
all domains for contract failure, service-level agreement
failure, performance failure, training and change management
failure, ticket system failure, and related issues during the
period beginning on the award of the contract to Cerner on May
17, 2018, and ending on the date of the report.
(3) The estimated and known costs, both direct and
indirect, incurred by all facilities using the Oracle-Cerner
product as of the date of the report due to--
(A) increased staffing;
(B) lost productivity;
(C) increased referrals to community care;
(D) copayment and debt management actions;
(E) staff turnover;
(F) reduced collections; and
(G) other factors as determined by the Secretary.
TITLE V--COORDINATION WITH DEPARTMENT OF DEFENSE
SEC. 501. QUARTERLY REPORTS ON SYSTEM UPTIME, MODERNIZATION, AND
COORDINATION ACTIVITIES FOR INFORMATION TECHNOLOGY
SYSTEMS AND POLICIES OF DEPARTMENT OF DEFENSE AFFECTING
OPERATIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than quarterly
thereafter, the Secretary of Defense shall submit to the appropriate
committees of Congress a report on the system uptime, modernization,
and coordination activities for information technology systems of the
Department of Defense that are relied upon by the Department of
Veterans Affairs to deliver health care, compensation, memorial
benefits, and other services required to be provided under the laws
administered by the Secretary of Veterans Affairs.
(b) Elements.--Each report required by subsection (a)--
(1) shall identify steps taken by the Secretary of Defense
to improve governance, coordination, and policy decisions
conducted with the Secretary of Veterans Affairs related to
information technology of the Department of Defense and related
systems upon which the Department of Veterans Affairs has an
operational dependency;
(2) shall include a schedule for the modernization or
replacement of key information technology and related systems
of the Department of Defense upon which the Department of
Veterans Affairs has an operational dependency, including the
Defense Enrollment Eligibility Reporting System, or successor
system;
(3) shall include a schedule for the movement by the
Department of Defense of the MHS GENESIS software and related
systems to the cloud;
(4) shall include information regarding goals for and
actual uptime and stability of all information technology and
related systems of the Department of Defense--
(A) that the Department of Veterans Affairs relies
on to operate, manage, or administer the current or any
future electronic health record of the Department of
Veterans Affairs;
(B) on which the Department of Veterans Affairs has
an operational dependency; or
(C) that is a critical system or service relied
upon by the Department of Veterans Affairs for the
delivery of health care, compensation, memorial
benefits, or other services;
(5) shall identify--
(A) any system or systems, infrastructure, or
related entities of the Department of Defense that are
critical to operations of the Department of Veterans
Affairs;
(B) any performance issues with respect to those
systems, infrastructure, or related entities;
(C) steps taken by the Secretary of Defense to
remediate any such issues in the short, medium, and
long term and timelines for such remediation;
(D) the accountable offices within the Department
of Defense for the maintenance, replacement, and
stability of those systems, infrastructure, or related
entities; and
(E) policies and governance structures regarding
collaboration and coordination with the Department of
Veterans Affairs with respect to changes to those
systems, infrastructure, or related entities;
(6) shall include a description of the definitions,
monitoring, and reporting of service level agreements between
the Department of Defense and the Department of Veterans
Affairs, including specific critical infrastructure
availability targets, incident reporting mean time to
resolution, and related matters;
(7) shall include a description of the service reliability
measurements in use and the previous quarter's actual
reliability data by the Department of Defense as it relates to
services relied upon by the Department of Veterans Affairs
measured as experienced by the Department of Veterans Affairs,
inclusive of any Department of Defense network, identity, and
security services dependencies;
(8) shall include a complete list of incident reporting,
root cause analyses, after action reporting, and preventive
measures for each event in which a Department of Defense system
or service's degraded performance or outage caused operational
harm to the Department of Veterans Affairs inclusive of network
and security services degradations, outages, and related
matters; and
(9) may include an identification of legislative or
administrative action required to accomplish the goals in the
report.
(c) Initial Report.--The first report required under subsection (a)
shall include baseline information, including current system uptime and
goals and targets with respect to system uptime, and steps the
Department of Defense is taking to better meet standards, goals, and
targets with respect to system uptime.
(d) Subsequent Reports.--Each report after the first report
required under subsection (a) shall, for the quarter covered by the
report--
(1) discuss updates on the information provided in previous
reports, including system uptime performance;
(2) indicate the performance of the Department of Defense
in meeting the goals established in previous reports;
(3) indicate the steps the Department of Defense is taking
to address the areas in which the Department is not meeting
those goals; and
(4) indicate improvements to and work in progress toward
strengthening policies and governance structures regarding
collaboration and coordination with the Department of Veterans
Affairs with respect to changes to the systems, infrastructure,
or related entities with respect to which the Department of
Veterans Affairs has an operational dependency.
(e) Termination.--This section shall terminate on the date that is
10 years after the date of the enactment of this Act.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 502. COORDINATION WITH DEPARTMENT OF DEFENSE REGARDING INFORMATION
TECHNOLOGY PROGRAMS, SYSTEMS, AND SERVICES.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Deputy Secretary shall submit to the
appropriate committees of Congress, the Committee on Armed Services of
the Senate, and the Committee on Armed Services of the House of
Representatives a report indicating the additional support needed by
the Department from the Department of Defense to make the current and
future delivery of health, benefits, memorial affairs and other
services of the Department stable and successful, including through
reliable availability of data and services of the information
technology systems and programs of the Department of Defense, including
the legacy VistA and new electronic health record of the Department.
(b) Elements.--The report required under subsection (a) shall
include a description of support, collaboration, and coordination,
needed by the Department from the Department of Defense relating to--
(1) governance between the Department of Defense and the
Department of Veterans Affairs related to information
technology, systems, services, networks, and related
infrastructure;
(2) coordination and policy between the Department of
Defense and the Department of Veterans Affairs related to
information technology, systems, services, networks, and
related infrastructure;
(3) system availability, stability, and uptime standards of
critical information technology systems, systems, services,
networks, and related infrastructure;
(4) definition, monitoring, and reporting of service level
agreements between the Department of Defense and the Department
of Veterans Affairs related to information technology, systems,
services, networks, and related infrastructure;
(5) service reliability measurements as experienced by the
Department of Veterans Affairs, including any network,
identity, and security service dependencies with the Department
of Defense;
(6) the current state and desired future state transparency
in incident reporting, root cause, after action reporting, and
preventative measures for information technology, systems,
services, networks, and related infrastructure events of the
Department of Defense in which the Department of Veterans
Affairs has an operational dependency;
(7) the current state and desired future state of network
and security services of the Department of Defense on which the
Department of Veterans Affairs has an operational dependency or
that significantly impact the Department of Veterans Affairs;
(8) a description of the key systems of the Department of
Defense that the Department of Veterans Affairs believes need
modernization or replacement so as to improve delivery of
services to veterans and operations of the Department of
Veterans Affairs; and
(9) Such other related matters as the Deputy Secretary may
choose to include.
TITLE VI--OTHER MATTERS
SEC. 601. REPORT ON LEGISLATIVE ACTION REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, and periodically thereafter as the Secretary considers
appropriate, the Secretary shall submit to the appropriate committees
of Congress a report regarding any legislative action, including
resources, required to carry out this Act or implement a modernized
electronic health record and related health information technology
systems.
SEC. 602. REPORT ON CURRENT AND FUTURE STATE INTEROPERABILITY WITH
LEGACY ELECTRONIC HEALTH RECORD, NEW ELECTRONIC HEALTH
RECORD, AND FUTURE POTENTIAL ELECTRONIC HEALTH RECORD AND
OTHER HEALTH INFORMATION TECHNOLOGY AND EXCHANGES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall, acting through the Under
Secretary for Health, submit to the appropriate committees of Congress
a report on the current state of interoperability, including the level
of interoperability, with the Department's legacy VistA electronic
health record and legacy applications, including the Joint Longitudinal
Viewer, as well as with the Oracle-Cerner product in use at five
facilities of the Department between such systems, applications, and
records and the Department of Defense, the private sector, the
community care networks of the Department, academic hospitals, other
Federal health entities, and other relevant non-Federal health
providers and systems.
(b) Contents.--The report submitted under subsection (a) shall
include a description of the following:
(1) The level of interoperability that existed before the
contract with Cerner entered into on May 17, 2018, between the
Department and the Department of Defense, the private sector,
the community care networks of the Department, academic
hospitals, other Federal health entities, and other relevant
non-Federal health providers and systems, including strengths
and limitations, and a description of the applications and
exchanges in use by the Department to facilitate such
interoperability.
(2) The level of interoperability that exists as of the
date of the report between the Department and the Department of
Defense, the private sector, the community care networks of the
Department, academic hospitals, other Federal health entities,
and other relevant non-Federal health providers and systems,
including strengths and limitations, and a description of the
applications and exchanges in use by the Department to
facilitate such interoperability that are not those procured as
part of the contract with Cerner entered into on May 17, 2018.
(3) The level of interoperability that exists as of the
date of the report between the Department and the Department of
Defense, the private sector, the community care networks of the
Department, academic hospitals, other Federal health entities,
and other relevant non-Federal health providers and systems,
including strengths and limitations, and a description of the
applications and exchanges in use by the Department to
facilitate such interoperability that are solely those procured
as part of the contract with Cerner entered into on May 17,
2018, and that are in use at each facility of the Department
(including any subsidiary facilities, such as community-based
outpatient clinics) that is using the Oracle-Cerner product
under such program as of the date of the report.
(4) A discussion of the limitation of the Department's
interoperability with whom and of what nature, if any,
described in paragraphs (2) and (3) and how the Secretary
foresees such limitations being resolved in whole, in part, or
in no way through a continued deployment of the Oracle-Cerner
product, a procurement of another electronic health record,
other health information exchanges, networks, applications or
solutions.
(5) A comprehensive interoperability roadmap and strategy
for the next five fiscal years, including goals,
interoperability levels, partners, timelines, regulatory and
legal limitations and challenges, and required resources and
authorities to achieve such goals.
(6) A description of the role interoperable data exchange
plays in improving health care outcomes and care coordination
for veterans who are eligible to receive health care through
programs and services of the Department and whether
interoperability alone improves health care outcomes, access,
and quality or whether it must be part of a larger functioning
electronic health record that can facilitate, among other
actions, the delivery of physician orders, referrals, dispense
prescriptions, schedule appointments, and other such
foundational and routine elements of modern health care
delivery.
(7) Such other such matters as the Secretary considers
appropriate, including recommendations for legislative action
to achieve the goals set forth in the report.
(c) Discussion.--The discussion included under subsection (b)(4)
shall include the following:
(1) A clear indication of what entities the Department
experiences the greatest level of interoperability limitations
in current state such as the Department of Defense, community
care networks of the Department, academic hospitals and the
Department's solution or solutions for remedying those
limitations.
(2) A description of what current health care referral
patterns, patient volumes, and networks it currently
experiences the greatest volume of care referral, data exchange
and interoperability transactions and how such patterns and
volumes are projected to evolve and change over the next one,
five, and ten fiscal years.
(3) In providing the description required by paragraph (2),
an indication of whether the volume of care coordination,
record exchange, and related matters is expected to be greater
with the Department of Defense in the next one, five, and ten
fiscal years or with community care networks of the Department,
academic hospitals, and other Federal and non-Federal health
entities.
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118S1126 | Guardianship Grant Flexibility Act | [
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"Sen. Braun, Mike [R-IN]",
"sponsor"
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[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1126 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1126
To amend title XX of the Social Security Act to expand the activities
authorized under adult protective services demonstration grants.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XX of the Social Security Act to expand the activities
authorized under adult protective services demonstration grants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardianship Grant Flexibility
Act''.
SEC. 2. EXPANDING ACTIVITIES AUTHORIZED UNDER ADULT PROTECTIVE SERVICES
DEMONSTRATION GRANTS.
Section 2042(c)(2) of the Social Security Act (42 U.S.C. 1397m-
1(c)(2)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) State court programs for recruiting and
training law students through clinics supervised by a
licensed attorney to provide representation for
respondents in guardianship cases, and to serve as
guardians ad litem; or''.
<all>
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118S1127 | CALM Modernization Act of 2023 | [
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
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[
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"Sen. Duckworth, Tammy [D-IL]",
"cosponsor"
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[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1127 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1127
To amend the CALM Act to include video streaming services, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Whitehouse (for himself, Ms. Duckworth, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the CALM Act to include video streaming services, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Advertisement Loudness
Mitigation Modernization Act of 2023'' or the ``CALM Modernization Act
of 2023''.
SEC. 2. MODERNIZATION OF THE CALM ACT AND RULEMAKING ON LOUD
COMMERCIALS ON STREAMING VIDEO.
(a) Amendments.--The CALM Act (Public Law 111-311; 124 Stat. 3294)
is amended--
(1) in section 2 (47 U.S.C. 621)--
(A) by striking ``Federal Communications
Commission'' each place the term appears and inserting
``Commission'';
(B) by striking subsection (c) and inserting the
following:
``(c) Compliance.--
``(1) Rebuttable presumption.--There is a rebuttable
presumption that any television broadcast station, cable
operator, or other multichannel video programming distributor
that installs, uses, and maintains in a commercially reasonable
manner the equipment and associated software in compliance with
the regulations issued by the Commission in accordance with
subsection (a) is in compliance with those regulations.
``(2) Factors to determine rebuttal.--In determining
whether the presumption of compliance under paragraph (1) has
been rebutted with respect to a television broadcast station,
cable operator, or other multichannel video programming
distributor, the Commission shall consider the following:
``(A) The number of complaints regarding loud
commercials the Commission has received with respect to
that station, operator, or other distributor.
``(B) Substantive patterns or trends from
complaints on loud commercials the Commission has
received.
``(C) Data and conclusions in any report issued by
a Federal agency (including the Government
Accountability Office) regarding the effectiveness of
this Act in moderating the loudness of commercials in
comparison with accompanying video programming.
``(D) Any other factor established by the
Commission by regulation.''; and
(C) in subsection (d)--
(i) by redesignating paragraph (1) as
paragraph (3) and moving it to appear after
paragraph (2);
(ii) in paragraph (3), as so redesignated,
by striking ``; and'' at the end and inserting
a period;
(iii) by redesignating paragraph (2) as
paragraph (1);
(iv) in paragraph (1), as so redesignated--
(I) by striking ``multi-channel''
and inserting ``multichannel''; and
(II) by striking the period at the
end and inserting a semicolon; and
(v) by inserting after paragraph (1), as so
redesignated, the following:
``(2) the term `Commission' means the Federal
Communications Commission; and''; and
(2) by adding at the end the following:
``SEC. 3. RULEMAKING ON LOUD COMMERCIALS ON STREAMING VIDEO.
``(a) Rulemaking Required for Loud Streaming Video Commercials.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Commission shall prescribe
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et
seq.) a regulation that prohibits video streaming services from
transmitting the audio of commercial advertisements louder than
the video content the advertisements accompany in a manner that
is similar in effect to the regulation prescribed under section
2.
``(2) Rebuttable presumption.--In prescribing the
regulation under paragraph (1), the Commission may include a
rebuttable presumption provision that is similar to the
rebuttable presumption under section 2(c) if it is practicable
and warranted for effective enforcement of this section.
``(3) Effective date.--Except as provided in paragraph (4),
the regulation required under paragraph (1) shall take effect
180 days after the date on which the regulation is published in
the Federal Register.
``(4) Extension of effective date.--The Commission may
extend the effective date described in paragraph (3) for 1 year
for any video streaming service that demonstrates that
complying with the regulation would result in significant
financial hardship.
``(5) Updates.--The Commission shall update the regulation
prescribed under paragraph (1) as necessary.
``(b) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Communications Commission.
``(2) Video programming.--The term `video programming' has
the meaning given the term in section 713(h) of the
Communications Act of 1934 (47 U.S.C. 613(h)).
``(3) Video streaming service.--The term `video streaming
service'--
``(A) means an entity that makes available directly
to the end user through a distribution method that uses
internet protocol--
``(i) video programming; or
``(ii) video content the entity makes
available for users to view; and
``(B) does not include--
``(i) a television broadcast station, cable
operator, or other multichannel video
programming distributor (as those terms are
defined in section 2(d)), only with respect to
commercial advertisements and video programming
subject to section 2; or
``(ii) an entity that serves video
programming or video content that is served
without video commercial advertisements.
``SEC. 4. ENFORCEMENT.
``(a) In General.--The Federal Communications Commission shall
implement and enforce this Act as if this Act were a part of the
Communications Act of 1934 (47 U.S.C. 151 et seq.).
``(b) Violations.--A violation of this Act, or a regulation
promulgated under this Act, shall be considered to be a violation of
the Communications Act of 1934, or a regulation promulgated under that
Act, respectively.
``(c) No Citation Required.--Paragraph (5) of section 503(b) of the
Communications Act of 1934 (47 U.S.C. 503(b)) shall not apply to a
determination of forfeiture liability under that subsection against a
person who commits a violation described in subsection (b) of this
section.''.
(b) GAO Report on CALM Act Enforcement.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on section 2
of the CALM Act (47 U.S.C. 621), as amended by subsection (a),
that--
(A) analyzes the effectiveness of that section in
moderating the loudness of commercials in comparison to
accompanying video programming;
(B) evaluates the ability of the Federal
Communications Commission to effectively moderate the
loudness of commercials in comparison to accompanying
video programming under subsection (c) of that section;
and
(C) as appropriate, recommends policy solutions
that would enable better moderation of the loudness of
commercials in comparison to accompanying video
programming.
(2) Video programming defined.--In this subsection, the
term ``video programming'' has the meaning given the term in
section 713(h) of the Communications Act of 1934 (47 U.S.C.
613(h)).
<all>
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118S1128 | Ensuring Access to Generic Medications Act | [
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"Sen. Hassan, Margaret Wood [D-NH]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1128 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1128
To establish special rules relating to information provided with
respect to drug applications concerning method of use patents.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Hassan (for herself 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 establish special rules relating to information provided with
respect to drug applications concerning method of use patents.
Be it enacted by the Senate 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 Access to Generic
Medications Act''.
SEC. 2. SPECIAL RULES RELATING TO METHOD OF USE PATENTS.
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) is amended by adding at the end the following:
``(z) Cause of Action Relating to Drug Use Codes.--
``(1) In general.--In the case of an application under
subsection (b)(2) or (j) of this section or section 351(k) of
the Public Health Service Act with respect to which the
applicant seeking approval includes in the application a
statement that a patent claiming a method of use does not claim
a use for the drug that is the subject of such application, as
described in subsection (b)(2)(B) or (j)(2)(A)(viii), or in the
case of an application under such section 351(k), as otherwise
required by the Secretary, the sponsor of the application under
subsection (b)(2) or (j) or such section 351(k) described in
paragraph (2) may file a civil action in an appropriate
district court of the United States against the holder of the
approved application for the applicable reference drug or
reference product seeking a court order requiring the holder to
correct or delete information relating to a use code submitted
by the holder of the reference drug or reference product with
respect to such patent claiming a method of use, on the ground
that such use code--
``(A) does not correspond to a patent that claims
the reference drug or reference product for which the
application was approved;
``(B) does not correspond to a patent that claims
an approved method of using the reference drug or
reference product; or
``(C) is overly broad or otherwise inaccurate or
inappropriate.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to affect the application of subsection
(j)(5)(C)(ii).
``(3) Definition.--For purposes of paragraph (1), the term
`use code' means the information relating to a patent claiming
a method of using a drug that is approved under section 505 of
this Act or under section 351 of the Public Health Service Act,
as applicable, based upon information submitted by the drug
sponsor or holder of the approved application or licensure
pursuant to section 314.53(c)(2)(ii)(P)(3) of title 21, Code of
Federal Regulations (or any successor regulations).''.
<all>
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118S1129 | No Relief for Allies of Dictators Act of 2023 | [
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1129
To revoke the visas of, and impose visa restrictions on, certain
individuals located in the United States and abroad who are associated
with regimes in Venezuela, Cuba, Nicaragua, and Bolivia, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To revoke the visas of, and impose visa restrictions on, certain
individuals located in the United States and abroad who are associated
with regimes in Venezuela, Cuba, Nicaragua, and Bolivia, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Relief for Allies of Dictators
Act of 2023''.
SEC. 2. VISA RESTRICTIONS FOR CERTAIN VENEZUELANS, CUBANS, NICARAGUANS,
AND BOLIVIANS.
(a) In General.--The Secretary of State shall revoke the visa of,
or impose visa restrictions on any individual described in subsection
(b) who the Secretary determines--
(1)(A) is responsible for, is complicit in, is responsible
for ordering, controlling, or otherwise directing, or is
knowingly--
(i) committing human rights violations at
any time in Venezuela, Cuba, Nicaragua, or
Bolivia; or
(ii) participating in (directly or
indirectly) any activity in or in relation to
Venezuela, Cuba, Nicaragua, or Bolivia at any
time that undermines or threatens the integrity
of the democracy or sovereignty of, the people
of Cuba, Venezuela, Nicaragua, or Bolivia; or
(B) is the spouse or child of a foreign person described in
subparagraph (A); or
(2)(A) is described in or identified under--
(i) section 804(b) of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1903(b));
(ii) Executive Order 13850 (83 Fed. Reg. 55243;
relating to blocking property of additional persons
contributing to the situation in Venezuela); or
(iii) Executive Order 13884 (84 Fed. Reg. 38843;
relating to blocking property of the Government of
Venezuela); or
(B) is the spouse or child of a foreign person described in
subparagraph (A).
(b) Individual Described.--An individual described in this
subsection is any foreign person, located in the United States or
abroad, who--
(1) with respect to Venezuela, is--
(A) a former official of the Hugo Chavez regime; or
(B) a current or former official of the Nicolas
Maduro regime;
(2) with respect to Cuba, is--
(A) a former official of the Fidel Castro or Raul
Castro regime; or
(B) a current or former official of the Miguel
Diaz-Canel regime;
(3) with respect to Nicaragua, is--
(A) a current or former official of the Daniel
Ortega regime; or
(B) a Sandinista party member;
(4) with respect to Bolivia, is a former official of the
Evo Morales regime;
(5) acts on behalf of a regime or party described in any of
paragraphs (1) through (4);
(6) aids in repression by such regime or party; or
(7) assists such regime or party.
(c) Visa Restrictions Described.--
(1) Exclusion from the united states and revocation of visa
or other documentation.--An individual described in subsection
(b)--
(A) is inadmissible to the United States;
(B) is ineligible to receive a visa or other
documentation authorizing entry into the United States;
(C) is otherwise ineligible to be admitted or
paroled into the United States or to receive any
benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); and
(D) shall--
(i) in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C.
1201(i)), have his or her visa or other
documentation revoked, regardless of when the
visa or other documentation was issued; and
(ii) be subject to expedited removal.
(2) Applicability for individuals visiting united nations
headquarters.--In the case of an individual described in
subsection (b) who intends to travel to the United States to
visit the headquarters of the United Nations, the Secretary of
State, in consultation with the Director of National
Intelligence, the Attorney General, and the Secretary of
Homeland Security, shall make a case-by-case determination with
respect to the applicability of subsection (a) to such
individual.
(d) Rulemaking.--The President shall issue such regulations,
licenses, and orders as may be necessary to carry out this section.
<all>
</pre></body></html>
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118S113 | Prescription Pricing for the People Act of 2023 | [
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"B001243... | <p><b>Prescription Pricing for the People Act of 20</b><strong>2</strong><b>3</b><br /><br />This bill requires the Federal Trade Commission (FTC) to report about anticompetitive practices and other trends within the pharmaceutical supply chain that may impact the cost of prescription drugs. The FTC also must provide recommendations to increase transparency in the supply chain and prevent anticompetitive practices.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 113 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 113
To require the Federal Trade Commission to study the role of
intermediaries in the pharmaceutical supply chain and provide Congress
with appropriate policy recommendations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Grassley (for himself, Ms. Cantwell, Mr. Blumenthal, Mr. Lankford,
Mrs. Blackburn, Mr. Tuberville, Mr. Tillis, Mrs. Capito, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to study the role of
intermediaries in the pharmaceutical supply chain and provide Congress
with appropriate policy recommendations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Pricing for the People
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
and
(B) the Committee on the Judiciary of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
SEC. 3. STUDY OF PHARMACEUTICAL SUPPLY CHAIN INTERMEDIARIES AND MERGER
ACTIVITY.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the appropriate committees of
Congress a report that--
(1) addresses at minimum--
(A) whether pharmacy benefit managers--
(i) charge payers a higher price than the
reimbursement rate at which the pharmacy
benefit managers reimburse pharmacies owned by
the pharmacy benefit manager and pharmacies not
owned by the pharmacy benefit manager;
(ii) steer patients for competitive
advantage to any pharmacy, including a retail,
mail-order, or any other type of pharmacy, in
which the pharmacy benefit managers have an
ownership interest;
(iii) audit or review proprietary data,
including acquisition costs, patient
information, or dispensing information, of
pharmacies not owned by the pharmacy benefit
manager and use such proprietary data to
increase revenue or market share for
competitive advantage; or
(iv) use formulary designs to increase the
market share of higher cost prescription drugs
or depress the market share of lower cost
prescription drugs (each net of rebates and
discounts);
(B) trends or observations on the state of
competition in the healthcare supply chain,
particularly with regard to intermediaries and their
integration with other intermediaries, suppliers, or
payers of prescription drug benefits;
(C) how companies and payers assess the benefits,
costs, and risks of contracting with intermediaries,
including pharmacy services administrative
organizations, and whether more information about the
roles of intermediaries should be available to
consumers and payers; and
(D) whether there are any specific legal or
regulatory obstacles the Commission currently faces in
enforcing the antitrust and consumer protection laws in
the pharmaceutical supply chain, including the pharmacy
benefit manager marketplace and pharmacy services
administrative organizations; and
(2) provides--
(A) observations or conclusions drawn from the
November 2017 roundtable entitled ``Understanding
Competition in Prescription Drug Markets: Entry and
Supply Chain Dynamics'' and any similar efforts;
(B) specific actions the Commission intends to take
as a result of the November 2017 roundtable, and any
similar efforts, including a detailed description of
relevant forthcoming actions, additional research or
roundtable discussions, consumer education efforts, or
enforcement actions; and
(C) policy or legislative recommendations to--
(i) improve transparency and competition in
the pharmaceutical supply chain;
(ii) prevent and deter anticompetitive
behavior in the pharmaceutical supply chain;
and
(iii) best ensure that consumers benefit
from any cost savings or efficiencies that may
result from mergers and consolidations.
(b) Interim Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the appropriate
committees of Congress an interim report on the progress of the report
required by subsection (a), along with preliminary findings and
conclusions based on information collected to that date.
SEC. 4. REPORT.
The Commission shall submit to the appropriate committees of
Congress a report that includes--
(1) the number and nature of complaints received by the
Commission relating to an allegation of anticompetitive conduct
by a manufacturer of a sole-source drug;
(2) the ability of the Commission to bring an enforcement
action against a manufacturer of a sole-source drug; and
(3) policy or legislative recommendations to strengthen
enforcement actions relating to anticompetitive behavior.
<all>
</pre></body></html>
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118S1130 | Health Care PRICE Transparency Act | [
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] | <p><strong>Health Care Prices Revealed and Information to Consumers Explained Transparency Act or the Health Care PRICE Transparency Act</strong><br /> <br /> This bill provides statutory authority for requirements for hospitals and health insurance plans to disclose certain information about the costs for items and services.<br /> <br /> Specifically, hospitals must publish in their list of standard charges certain rates negotiated with insurers, discounts for cash payments, and billing codes. Further, hospitals generally must publish the standard charges for the services provided by the hospital that may be scheduled in advance.<br /> <br /> Additionally, insurance plans must publish the in-network and out-of-network charges for covered items and services and the negotiated prices for covered prescription drugs. Plans must provide a tool for consumers to search for this cost information. Consumers also may request additional information about the costs of specific items or services under their plans.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1130 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1130
To amend the Public Health Service Act to provide for hospital and
insurer price transparency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself and Mr. Grassley) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide for hospital and
insurer price transparency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Prices Revealed and
Information to Consumers Explained Transparency Act'' or the ``Health
Care PRICE Transparency Act''.
SEC. 2. PRICE TRANSPARENCY REQUIREMENTS.
(a) Hospitals.--Section 2718(e) of the Public Health Service Act
(42 U.S.C. 300gg-18(e)) is amended--
(1) by striking ``Each hospital'' and inserting the
following:
``(1) In general.--Each hospital'';
(2) by inserting ``, in plain language without subscription
and free of charge, in a consumer-friendly, machine-readable
format,'' after ``a list''; and
(3) by adding at the end the following: ``Each hospital
shall include in its list of standard charges, along with such
additional information as the Secretary may require with
respect to such charges for purposes of promoting public
awareness of hospital pricing in advance of receiving a
hospital item or service, as applicable, the following:
``(i) A description of each item or service
provided by the hospital.
``(ii) The gross charge.
``(iii) Any payer-specific negotiated
charge clearly associated with the name of the
third party payer and plan.
``(iv) The de-identified minimum negotiated
charge.
``(v) The de-identified maximum negotiated
charge.
``(vi) The discounted cash price.
``(vii) Any code used by the hospital for
purposes of accounting or billing, including
Current Procedural Terminology (CPT) code, the
Healthcare Common Procedure Coding System
(HCPCS) code, the Diagnosis Related Group
(DRG), the National Drug Code (NDC), or other
common payer identifier.
``(2) Delivery methods and use.--
``(A) In general.--Each hospital shall make public
the standard charges described in paragraph (1) for as
many of the 70 Centers for Medicaid & Medicare
Services-specified shoppable services that are provided
by the hospital, and as many additional hospital-
selected shoppable services as may be necessary for a
combined total of at least 300 shoppable services,
including the rate at which a hospital provides and
bills for that shoppable service. If a hospital does
not provide 300 shoppable services in accordance with
the previous sentence, the hospital shall make public
the information specified under paragraph (1) for as
many shoppable services as it provides.
``(B) Determination by cms.--A hospital shall be
deemed by the Centers for Medicare & Medicaid Services
to meet the requirements of subparagraph (A) if the
hospital maintains an internet-based price estimator
tool that meets the following requirements:
``(i) The tool provides estimates for as
many of the 70 specified shoppable services
that are provided by the hospital, and as many
additional hospital-selected shoppable services
as may be necessary for a combined total of at
least 300 shoppable services.
``(ii) The tool allows health care
consumers to, at the time they use the tool,
obtain an estimate of the amount they will be
obligated to pay the hospital for the shoppable
service.
``(iii) The tool is prominently displayed
on the hospital's website and easily accessible
to the public, without subscription, fee, or
having to submit personal identifying
information (PII), and searchable by service
description, billing code, and payer.
``(3) Definitions.--Notwithstanding any other provision of
law, for the purpose of paragraphs (1) and (2):
``(A) De-identified maximum negotiated charge.--The
term `de-identified maximum negotiated charge' means
the highest charge that a hospital has negotiated with
all third party payers for an item or service.
``(B) De-identified minimum negotiated charge.--The
term `de-identified minimum negotiated charge' means
the lowest charge that a hospital has negotiated with
all third party payers for an item or service.
``(C) Discounted cash price.--The term `discounted
cash price' means the charge that applies to an
individual who pays cash, or cash equivalent, for a
hospital item or service. Hospitals that do not offer
self-pay discounts may display the hospital's
undiscounted gross charges as found in the hospital
chargemaster.
``(D) Gross charge.--The term `gross charge' means
the charge for an individual item or service that is
reflected on a hospital's chargemaster, absent any
discounts.
``(E) Payer-specific negotiated charge.--The term
`payer-specific negotiated charge' means the charge
that a hospital has negotiated with a third party payer
for an item or service.
``(F) Shoppable service.--The term `shoppable
service' means a service that can be scheduled by a
health care consumer in advance.
``(G) Standard charges.--The term `standard
charges' means the regular rate established by the
hospital for an item or service, including both
individual items and services and service packages,
provided to a specific group of paying patients,
including the gross charge, the payer-specific
negotiated charge, the discounted cash price, the de-
identified minimum negotiated charge, the de-identified
maximum negotiated charge, and other rates determined
by the Secretary.
``(H) Third party payer.--The term `third party
payer' means an entity that is, by statute, contract,
or agreement, legally responsible for payment of a
claim for a health care item or service.
``(4) Enforcement.--In addition to any other enforcement
actions or penalties that may apply under subsection (b)(3) or
another provision of law, a hospital that fails to provide the
information required by this subsection and has not completed a
corrective action plan to comply with the requirements of such
subsection shall be subject to a civil monetary penalty of an
amount not to exceed $300 per day that the violation is ongoing
as determined by the Secretary. Such penalty shall be imposed
and collected in the same manner as civil money penalties under
subsection (a) of section 1128A of the Social Security Act are
imposed and collected.''.
(b) Transparency in Coverage.--Section 1311(e)(3) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(e)(3)) is amended--
(1) in subparagraph (A)--
(A) by redesignating clause (ix) as clause (xii);
and
(B) by inserting after clause (viii), the
following:
``(ix) In-network provider rates for
covered items and services.
``(x) Out-of-network allowed amounts and
billed charges for covered items and services.
``(xi) Negotiated rates and historical net
prices for covered prescription drugs.'';
(2) in subparagraph (B)--
(A) in the heading, by striking ``use'' and
inserting ``delivery methods and use'';
(B) by inserting ``and subparagraph (C)'' after
``subparagraph (A)'';
(C) by inserting ``, as applicable,'' after
``English proficiency''; and
(D) by inserting after the second sentence, the
following: ``The Secretary shall establish standards
for the methods and formats for disclosing information
to individuals. At a minimum, these standards shall
include the following:
``(i) An internet-based self-service tool
to provide information to an individual in
plain language, without subscription and free
of charge, in a machine readable format,
through a self-service tool on an internet
website that provides real-time responses based
on cost-sharing information that is accurate at
the time of the request that allows, at a
minimum, users to--
``(I) search for cost-sharing
information for a covered item or
service provided by a specific in-
network provider or by all in-network
providers;
``(II) search for an out-of-network
allowed amount, percentage of billed
charges, or other rate that provides a
reasonably accurate estimate of the
amount an insurer will pay for a
covered item or service provided by
out-of-network providers; and
``(III) refine and reorder search
results based on geographic proximity
of in-network providers, and the amount
of the individual's cost-sharing
liability for the covered item or
service, to the extent the search for
cost-sharing information for covered
items or services returns multiple
results.
``(ii) In paper form at the request of the
individual that includes no fewer than 20
providers per request with respect to which
cost-sharing information for covered items and
services is provided, and discloses the
applicable provider per-request limit to the
individual, mailed to the individual not later
than 2 business days after receiving an
individual's request.'';
(3) in subparagraph (C)--
(A) in the first sentence--
(i) by striking ``The Exchange'' and
inserting the following:
``(i) In general.--The Exchange'';
(ii) by inserting ``or out-of-network
provider'' after ``item or service by a
participating provider''; and
(iii) by inserting before the period the
following: ``the following information:
``(i) An estimate of an individual's cost-
sharing liability for a requested covered item
or service furnished by a provider, which shall
reflect any cost-sharing reductions the
individual would receive.
``(ii) A description of the accumulated
amounts.
``(iii) The in-network rate, including
negotiated rates and underlying fee schedule
rates.
``(iv) The out-of-network allowed amount or
any other rate that provides a more accurate
estimate of an amount an issuer will pay,
including the percent reimbursed by insurers to
out-of-network providers, for the requested
covered item or service furnished by an out-of-
network provider.
``(v) A list of the items and services
included in bundled payment arrangements for
which cost-sharing information is being
disclosed.
``(vi) A notification that coverage of a
specific item or service is subject to a
prerequisite, if applicable.
``(vii) A notice that includes the
following information:
``(I) A statement that out-of-
network providers may bill individuals
for the difference, including the
balance billing, between a provider's
billed charges and the sum of the
amount collected from the insurer in
the form of a copayment or coinsurance
amount and the cost-sharing
information.
``(II) A statement that the actual
charges for an individual's covered
item or service may be different from
an estimate of cost-sharing liability
depending on the actual items or
services the individual receives at the
point of care.
``(III) A statement that the
estimate of cost-sharing liability for
a covered item or service is not a
guarantee that benefits will be
provided for that item or service.
``(IV) A statement disclosing
whether the plan counts copayment
assistance and other third-party
payments in the calculation of the
individual's deductible and out-of-
pocket maximum.
``(V) For items and services that
are recommended preventive services
under section 2713 of the Public Health
Service Act, a statement that an in-
network item or service may not be
subject to cost-sharing if it is billed
as a preventive service in the insurer
cannot determine whether the request is
for a preventive or non-preventive item
or service.
``(VI) Any additional information,
including other disclaimers, that the
insurer determines is appropriate,
provided the additional information
does not conflict with the information
required to be provided by this
subsection.'';
(B) by striking the second sentence; and
(C) by adding at the end the following:
``(ii) Definitions.--Notwithstanding any
other provision of law, for the purpose of
subparagraphs (A), (B), and (C):
``(I) Accumulated amounts.--The
term `accumulated amounts' means the
amount of financial responsibility an
individual has incurred at the time a
request for cost-sharing information is
made, with respect to a deductible or
out-of-pocket limit, including any
expense that counts toward a deductible
or out-of-pocket limit, but exclude any
expense that does not count toward a
deductible or out-of-pocket limit. To
the extent an insurer imposes a
cumulative treatment limitation on a
particular covered item or service
independent of individual medical
necessity determinations, the amount
that has accrued toward the limit on
the item or service.
``(II) Historical net price.--The
term `historical net price' means the
retrospective average amount an insurer
paid for a prescription drug, inclusive
of any reasonably allocated rebates,
discounts, chargebacks, fees, and any
additional price concessions received
by the insurer with respect to the
prescription drug. The allocation shall
be determined by dollar value for non-
product specific and product-specific
rebates, discounts, chargebacks, fees,
and other price concessions to the
extent that the total amount of any
such price concession is known to the
insurer at the time of publication of
the historical net price.
``(III) Negotiated rate.--The term
`negotiated rate' means the amount a
plan or issuer has contractually agreed
to pay for a covered item or service,
whether directly or indirectly through
a third party administrator or pharmacy
benefit manager, to an in-network
provider, including an in-network
pharmacy or other prescription drug
dispenser, for covered items or
services.
``(IV) Out-of-network allowed
amount.--The term `out-of-network
allowed amount' means the maximum
amount an insurer will pay for a
covered item or service furnished by an
out-of-network provider.
``(V) Out-of-network limit.--The
term `out-of-network limit' means the
maximum amount that an individual is
required to pay during a coverage
period for his or her share of the
costs of covered items and services
under his or her plan or coverage,
including for self-only and other than
self-only coverage, as applicable.
``(VI) Underlying fee schedule
rates.--The term `underlying fee
schedule rates' means the rate for an
item or service that a plan or issuer
uses to determine a participant's,
beneficiary's, or enrollee's cost-
sharing liability from a particular
provider or providers, when the rate is
different from the negotiated rate.'';
(4) in subparagraph (D), by striking ``subparagraph (A)''
and inserting ``subparagraphs (A), (B), and (C)''; and
(5) by adding at the end the following:
``(F) Application of paragraph.--In addition to
qualified health plans (and plans seeking certification
as qualified health plans), this paragraph (as amended
by the Health Care Prices Revealed and Information to
Consumers Explained Transparency Act) shall apply to
group health plans (including self-insured and fully
insured plans) and health insurance coverage (as such
terms are defined in section 2791 of the Public Health
Service Act).''.
<all>
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118S1131 | Drug Price Transparency Act of 2023 | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"H001079",
"Sen. Hyde-Smith, Cindy [R-MS]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1131 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1131
To amend title XI of the Social Security Act and title XXVII of the
Public Health Service Act to establish requirements with respect to
prescription drug benefits.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself and Mrs. Hyde-Smith) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act and title XXVII of the
Public Health Service Act to establish requirements with respect to
prescription drug benefits.
Be it enacted by the Senate 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 Act of
2023''.
SEC. 2. REQUIREMENTS FOR PRESCRIPTION DRUG BENEFITS.
(a) Removal of Safe Harbor Protection for Rebates Involving
Prescription Drugs and Establishment of New Safe Harbor Protections
Involving Prescription Drugs.--
(1) Removal of safe harbor protection for rebates involving
prescription drugs.--Section 1128B(b) of the Social Security
Act (42 U.S.C. 1320a-7b(b)) is amended--
(A) in paragraph (3)(A), by striking ``a discount''
and inserting ``subject to paragraph (5), a discount'';
and
(B) by adding at the end the following:
``(5) Removal of safe harbor protection for rebates
involving prescription drugs.--The safe harbor described in
paragraph (3)(A) shall not apply to a reduction in price or
other remuneration from a manufacturer of prescription drugs to
a sponsor of a prescription drug plan under part D of title
XVIII, an MA organization offering an MA-PD plan under part C
of such title, or a pharmacy benefit manager under contract
with such a sponsor or such an organization and, except as
provided in subparagraphs (M) and (N) of paragraph (3),
paragraphs (1) and (2) shall apply to any such reduction in
price or other remuneration.''.
(2) Establishment of new safe harbor protections involving
prescription drugs.--Section 1128B(b)(3) of the Social Security
Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(A) in subparagraph (K), by striking ``and'' at the
end;
(B) in subparagraph (L), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(M) a reduction in price offered by a
manufacturer of prescription drugs to a sponsor of a
prescription drug plan under part D of title XVIII, an
MA organization offering an MA-PD plan under part C of
such title, or a pharmacy benefit manager under
contract with such a sponsor or such an organization,
that is reflected at the point of sale to the
individual and meets such other conditions as the
Secretary may establish; and
``(N) flat fee service fees a manufacturer of
prescription drugs pays to a pharmacy benefit manager
for services rendered to the manufacturer that relate
to arrangements by the pharmacy benefit manager to
provide pharmacy benefit management services to a
health plan, if certain conditions established by the
Secretary are met, including requirements that the fees
are transparent to the health plan.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2024.
(b) Requirements for Private Insurance Plans.--
(1) In general.--Part D of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding
at the end the following:
``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO PRESCRIPTION DRUG
BENEFITS.
``(a) In General.--A group health plan or a health insurance issuer
offering group or individual health insurance coverage shall not, and
shall ensure that any entity that provides pharmacy benefits management
services under a contract with any such health plan or health insurance
coverage does not, receive from a drug manufacturer a reduction in
price or other remuneration with respect to any prescription drug
received by an enrollee in the plan or coverage and covered by the plan
or coverage, unless--
``(1) any such reduction in price is reflected at the point
of sale to the enrollee and meets such other conditions as the
Secretary may establish; and
``(2) any such other remuneration is a flat fee-based
service fee that a manufacturer of prescription drugs pays to
an entity that provides pharmacy benefits management services
for services rendered to the manufacturer that relate to
arrangements by the pharmacy benefit manager to provide
pharmacy benefit management services to a health plan or health
insurance issuer, if certain conditions established by the
Secretary are met, including requirements that the fees are
transparent to the health plan or health insurance issuer.
``(b) Entity That Provides Pharmacy Benefits Management Services.--
For purposes of this section, the term `entity that provides pharmacy
benefits management services' means--
``(1) any person, business, or other entity that, pursuant
to a written agreement with a group health plan or a health
insurance issuer offering group or individual health insurance
coverage, directly or through an intermediary--
``(A) acts as a price negotiator on behalf of the
plan or coverage; or
``(B) manages the prescription drug benefits
provided by the plan or coverage, which may include the
processing and payment of claims for prescription
drugs, the performance of drug utilization review, the
processing of drug prior authorization requests, the
adjudication of appeals or grievances related to the
prescription drug benefit, contracting with network
pharmacies, controlling the cost of covered
prescription drugs, or the provision of related
services; or
``(2) any entity that is owned, affiliated, or related
under a common ownership structure with a person, business, or
entity described in paragraph (1).''.
(2) ERISA.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185 et seq.) is amended by
adding at the end the following:
``SEC. 726. REQUIREMENTS WITH RESPECT TO PRESCRIPTION DRUG BENEFITS.
``(a) In General.--A group health plan or a health insurance issuer
offering group health insurance coverage shall not, and shall ensure
that any entity that provides pharmacy benefits management services
under a contract with any such health plan or health insurance coverage
does not, receive from a drug manufacturer a reduction in price or
other remuneration with respect to any prescription drug received by an
enrollee in the plan or coverage and covered by the plan or coverage,
unless--
``(1) any such reduction in price is reflected at the point
of sale to the enrollee and meets such other conditions as the
Secretary may establish; and
``(2) any such other remuneration is a flat fee-based
service fee that a manufacturer of prescription drugs pays to
an entity that provides pharmacy benefits management services
for services rendered to the manufacturer that relate to
arrangements by the pharmacy benefit manager to provide
pharmacy benefit management services to a health plan or health
insurance issuer, if certain conditions established by the
Secretary are met, including requirements that the fees are
transparent to the health plan or health insurance issuer.
``(b) Entity That Provides Pharmacy Benefits Management Services.--
For purposes of this section, the term `entity that provides pharmacy
benefits management services' means--
``(1) any person, business, or other entity that, pursuant
to a written agreement with a group health plan or a health
insurance issuer offering group health insurance coverage,
directly or through an intermediary--
``(A) acts as a price negotiator on behalf of the
plan or coverage; or
``(B) manages the prescription drug benefits
provided by the plan or coverage, which may include the
processing and payment of claims for prescription
drugs, the performance of drug utilization review, the
processing of drug prior authorization requests, the
adjudication of appeals or grievances related to the
prescription drug benefit, contracting with network
pharmacies, controlling the cost of covered
prescription drugs, or the provision of related
services; or
``(2) any entity that is owned, affiliated, or related
under a common ownership structure with a person, business, or
entity described in paragraph (1).''.
(B) Clerical amendment.--The table of contents of
the Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section
725 the following:
``Sec. 725. Requirements with respect to prescription drug benefits.''.
(3) IRC.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following:
``SEC. 9826. REQUIREMENTS WITH RESPECT TO PRESCRIPTION DRUG BENEFITS.
``(a) In General.--A group health plan shall not, and shall ensure
that any entity that provides pharmacy benefits management services
under a contract with any such health plan does not, receive from a
drug manufacturer a reduction in price or other remuneration with
respect to any prescription drug received by an enrollee in the plan
and covered by the plan, unless--
``(1) any such reduction in price is reflected at the point
of sale to the enrollee and meets such other conditions as the
Secretary may establish; and
``(2) any such other remuneration is a flat fee-based
service fee that a manufacturer of prescription drugs pays to
an entity that provides pharmacy benefits management services
for services rendered to the manufacturer that relate to
arrangements by the pharmacy benefit manager to provide
pharmacy benefit management services to a health plan, if
certain conditions established by the Secretary are met,
including requirements that the fees are transparent to the
health plan.
``(b) Entity That Provides Pharmacy Benefits Management Services.--
For purposes of this section, the term `entity that provides pharmacy
benefits management services' means--
``(1) any person, business, or other entity that, pursuant
to a written agreement with a group health plan, directly or
through an intermediary--
``(A) acts as a price negotiator on behalf of the
plan; or
``(B) manages the prescription drug benefits
provided by the plan, which may include the processing
and payment of claims for prescription drugs, the
performance of drug utilization review, the processing
of drug prior authorization requests, the adjudication
of appeals or grievances related to the prescription
drug benefit, contracting with network pharmacies,
controlling the cost of covered prescription drugs, or
the provision of related services; or
``(2) any entity that is owned, affiliated, or related
under a common ownership structure with a person, business, or
entity described in paragraph (1).''.
(B) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue
Code of 1986 is amended by adding at the end the
following:
``Sec. 9816. Requirements with respect to prescription drug
benefits.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall take effect on January 1, <SUP>TM</SUP>.
<all>
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118S1132 | ADAPT 2.0 Act | [
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"sponsor"
],
[
"P000603",
"Sen. Paul, Rand [R-KY]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1132 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1132
To allow sponsors of certain new drug applications to rely upon
investigations conducted in certain foreign countries, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself and Mr. Paul) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To allow sponsors of certain new drug applications to rely upon
investigations conducted in certain foreign countries, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerated Drug Approval for
Prescription Therapies 2.0 Act'' or the ``ADAPT 2.0 Act''.
SEC. 2. DRUGS APPROVED IN CERTAIN FOREIGN COUNTRIES.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended--
(1) in subsection (b), by adding at the end the following:
``(7) An application described in paragraph (2) may rely upon
investigations conducted in a country listed under section 802(b)(1)(A)
or designated under section 802(b)(1)(B), including premarket clinical
and nonclinical investigations and postmarket surveillance studies, if
the drug that is the subject of such application has been approved in
such country.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Within'' and
inserting ``Except as provided in paragraph (6),
within''; and
(B) by adding at the end the following:
``(6)(A) In the case of an application that relies on
investigations conducted in a foreign country, as described in
subsection (b)(7), within 90 days after the filing of such application
under subsection (b), the Secretary shall approve the application if
the Secretary determines evidence that--
``(i) at the time of application, the drug is authorized to
be marketed in a country listed under section 802(b)(1)(A) or
designated under section 802(b)(1)(B);
``(ii) the drug is safe and clinically effective;
``(iii) the manufacturer is capable of manufacturing the
drug safely and consistently, and can ensure the safety of the
supply chain outside the United States;
``(iv) all relevant United States patents or legal periods
of exclusivity are expired;
``(v) absent reciprocal marketing approval, the drug is not
approved for marketing in the United States;
``(vi) the Secretary has not, because of any concern
relating to safety or effectiveness, rescinded or withdrawn any
such approval; and
``(vii) the Secretary finds that none of the grounds for
denying approval specified in subsection (d) applies.
``(B) Limitations.--Approval of a drug under this section may, as
the Secretary determines appropriate, be subject to 1 or both of the
following requirements:
``(i) The sponsor conduct appropriate postapproval studies
to verify and describe the predicted effect of the drug on
irreversible morbidity or mortality or another clinical benefit
of the drug.
``(ii) The sponsor submit copies of all promotional
materials related to the drug during the preapproval review
period and, following approval and for such period thereafter
as the Secretary determines to be appropriate, at least 30 days
prior to the dissemination of the materials.
``(C) Timeline.--If the Secretary does not approve the application
or take such other action within such 90-day period, the application
shall be considered approved under this subsection.
``(D) Advisory Committee.--
``(i) Establishment.--For the purpose of providing expert
scientific advice and recommendations to the Secretary
regarding the approval of applications described in subsection
(b)(7), the Secretary shall establish a standing Foreign Drug
Review Advisory Committee.
``(ii) Membership.--The standing Foreign Drug Review
Advisory Committee established under clause (i) shall consist
of employees of the Food and Drug Administration and
individuals appointed by the Secretary, reflecting a balanced
composition of sufficient scientific expertise. The Secretary
shall appoint members who have diverse interests, education,
training, experience, and expertise in biopharmacology,
statistics, chemistry, legal issues, ethics, and other
appropriate expertise pertaining to the drugs under review,
such as expertise in foreign regulatory and manufacturing
practices and drug development, and other individuals, as the
Secretary determines appropriate.
``(iii) Review of applications.--Upon the filing of an
application described in subsection (b)(7)--
``(I) the Secretary shall immediately refer the
application to the Foreign Drug Review Advisory
Committee for review; and
``(II) within 60 days after the receipt by such
advisory committee of such application, the advisory
committee shall provide the Secretary with
recommendations with respect to such application.
``(E) Publication of Final Decision.--The Secretary shall make
publically available, on the website of the Food and Drug
Administration, each final decision on whether to approve an
application described in subsection (b)(7), including the rationale for
the decision and the recommendations and conclusions of the Foreign
Drug Review Advisory Committee under subparagraph (D)(iii).''.
(b) Technical Amendment.--Section 802(b)(1)(A)(i) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 382(b)(1)(A)(i)) is amended by
striking ``or South Africa'' and inserting ``South Africa, or the
United Kingdom''.
<all>
</pre></body></html>
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118S1133 | 340B Accountability Act of 2023 | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1133 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1133
To amend the Public Health Service Act to clarify rules relating to
drug discounts for covered entities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
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 Public Health Service Act to clarify rules relating to
drug discounts for covered entities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``340B Accountability Act of 2023''.
SEC. 2. DRUG DISCOUNTS AND AUDITS FOR COVERED ENTITIES.
Section 340B(a)(5)(C) of the Public Health Service Act (42 U.S.C.
256b(a)(5)(C)) is amended--
(1) by striking ``A covered entity shall permit'' and
inserting the following:
``(i) Duplicate discounts and drug
resale.--A covered entity shall permit''; and
(2) by adding at the end the following:
``(i) Use of savings.--A covered entity
shall permit the Secretary to audit, at the
Secretary's expense, the records of the entity
to determine how net income from purchases
under this section are used by the covered
entity.
``(ii) Records retention.--A covered entity
shall retain such records and provide such
records and reports as determined necessary by
the Secretary for carrying out this
subparagraph.''.
<all>
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118S1134 | Creating Efficiency in Foreign Facility Inspections Act | [
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"sponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
],
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1134 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1134
To strengthen the authority of the Food and Drug Administration with
respect to foreign drug facility inspections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Braun (for himself, Mr. Hawley, and Ms. Ernst) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To strengthen the authority of the Food and Drug Administration with
respect to foreign drug facility inspections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Efficiency in Foreign
Facility Inspections Act''.
SEC. 2. STRENGTHENING FOREIGN DRUG FACILITY INSPECTIONS.
Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
374) is amended by adding at the end the following:
``(i)(1) When the Secretary, and officers or employees duly
designated by the Secretary, conduct inspections under this section of
establishments engaged in the manufacturing, processing, packing, or
holding of drugs that are located outside of the United States, the
Secretary shall not notify the owner or operator of such establishment
of the planned inspection before the inspection occurs unless--
``(A) notification to the establishment owner or operator
in advance of an inspection is mandated under the laws of the
country where the establishment is located, in which case, the
Secretary shall provide not more than the minimum advanced
notice so mandated; or
``(B) the Secretary determines that notification to the
establishment owner or operator in advance of an inspection is
needed to protect the public health.
``(2)(A) With respect to all inspections described in paragraph
(1), the Secretary shall attempt to minimize the time between advance
notification to an establishment owner or operator and the conduct of a
surveillance inspection.
``(B) If the Secretary determines that notification to an owner or
operator of a foreign establishment of an inspection in advance of a
surveillance inspection pursuant to paragraph (1)(B) is needed, the
Secretary shall provide such notification only as far in advance as is
needed to protect the public health.
``(3) If an establishment is located in a country that, on or after
the date of enactment of this subsection, enacts a law that prevents
the Secretary from carrying out inspections as described in this
subsection, the manufacturer shall agree to waive any right to enforce
any advanced-notice requirement pursuant to such a law, to the extent
expressly permitted under applicable local law. If the manufacturer
does not agree to such a waiver, the manufacturer shall be deemed to
have refused to permit entry or inspection in violation of section
301(f).
``(4) The requirement of paragraph (1) shall not apply to
preapproval, prelicensure, or for-cause inspections.''.
<all>
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118S1135 | Ally’s Act | [
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[
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1135 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1135
To amend title XXVII of the Public Health Service Act, the Employee
Retirement Income Security Act of 1974, the Internal Revenue Code of
1986, and the Patient Protection and Affordable Care Act to require
coverage of hearing devices and systems in certain private health
insurance plans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mrs. Capito (for herself, Ms. Warren, and Mr. Hickenlooper) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title XXVII of the Public Health Service Act, the Employee
Retirement Income Security Act of 1974, the Internal Revenue Code of
1986, and the Patient Protection and Affordable Care Act to require
coverage of hearing devices and systems in certain private health
insurance plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Ally's Act''.
SEC. 2. COVERAGE OF HEARING DEVICES AND SYSTEMS IN CERTAIN PRIVATE
HEALTH INSURANCE PLANS.
(a) PHSA.--Part D of the Public Health Service Act (42 U.S.C.
300gg-111 et seq.) is amended by adding at the end the following new
section:
``SEC. 2799A-11. COVERAGE OF HEARING DEVICES AND SYSTEMS.
``(a) In General.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage shall at
a minimum provide coverage for the following items and services
furnished to a qualifying individual:
``(1) Auditory implant devices (including auditory
osseointegrated (bone conduction) implants and cochlear
implants) and external sound processors.
``(2) The maintenance of auditory implant devices and
external sound processors described in paragraph (1).
``(3) Every 5 years, the upgrade (or replacement if an
upgrade is not available) of auditory implant devices and
external sound processors described in paragraph (1).
``(4) Adhesive adapters and softband headbands.
``(5) The repair of auditory implant devices and external
sound processors described in paragraph (1).
``(6) A comprehensive hearing assessment.
``(7) A preoperative medical assessment.
``(8) Surgery relating to the furnishing of such devices
and processors (as determined necessary by a physician or
qualified audiologist (as such terms are defined for purposes
of subsection (d)) treating such individual).
``(9) Postoperative medical visits for purposes of ensuring
appropriate recovery from such surgery.
``(10) Postoperative audiological visits for activation and
fitting of such devices and processors.
``(11) Aural rehabilitation and treatment services (as so
determined necessary).
``(b) Coverage Requirements.--In the case of an item or service
described in subsection (a) furnished to a qualifying individual under
a group health plan or group or individual health insurance coverage,
such plan or coverage shall ensure that--
``(1) the financial requirements (as defined in section
2726(a)(3)) applicable to such item or service are no more
restrictive than the predominant financial requirements applied
to substantially all medical and surgical benefits covered by
the plan or coverage (as applicable), and that there are no
separate cost sharing requirements that are applicable only
with respect to such item or service; and
``(2) the treatment limitations (as defined in such
section) applicable to such item or service are no more
restrictive than the predominant treatment limitations applied
to substantially all medical and surgical benefits covered by
the plan or coverage (as applicable), and that there are no
separate treatment limitations that are applicable only with
respect to such item or service.
``(c) Prohibition on Review of Medical Necessity.--A group health
plan and a health insurance issuer offering group or individual health
insurance coverage may not deny or otherwise limit coverage of any item
or service described in subsection (a) furnished to a qualifying
individual on the basis of a review of the medical necessity of such
item or service by such plan or issuer.
``(d) Qualifying Individual Defined.--For purposes of this section,
the term `qualifying individual' means an individual that a physician
(as defined in section 1861(r) of the Social Security Act) or qualified
audiologist (as defined in section 1861(ll)(4)(B) of such Act)
determines meets an indication (including unilateral or bilateral
hearing loss) for an auditory implant device and external sound
processor described in subsection (a)(1).''.
(b) ERISA.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) by adding at the end the following new
section:
``SEC. 726. COVERAGE OF HEARING DEVICES AND SYSTEMS.
``(a) In General.--A group health plan and a health insurance
issuer offering group health insurance coverage shall at a minimum
provide coverage for the following items and services furnished to a
qualifying individual:
``(1) Auditory implant devices (including auditory
osseointegrated (bone conduction) implants and cochlear
implants) and external sound processors.
``(2) The maintenance of auditory implant devices and
external sound processors described in paragraph (1).
``(3) Every 5 years, the upgrade (or replacement if an
upgrade is not available) of auditory implant devices and
external sound processors described in paragraph (1).
``(4) Adhesive adapters and softband headbands.
``(5) The repair of auditory implant devices and external
sound processors described in paragraph (1).
``(6) A comprehensive hearing assessment.
``(7) A preoperative medical assessment.
``(8) Surgery relating to the furnishing of such devices
and processors (as determined necessary by a physician or
qualified audiologist (as such terms are defined for purposes
of subsection (d)) treating such individual).
``(9) Postoperative medical visits for purposes of ensuring
appropriate recovery from such surgery.
``(10) Postoperative audiological visits for activation and
fitting of such devices and processors.
``(11) Aural rehabilitation and treatment services (as so
determined necessary).
``(b) Coverage Requirements.--In the case of an item or service
described in subsection (a) furnished to a qualifying individual under
a group health plan or group health insurance coverage, such plan or
coverage shall ensure that--
``(1) the financial requirements (as defined in section
2726(a)(3) of the Public Health Service Act (42 U.S.C. 300gg-
26(a)(3))) applicable to such item or service are no more
restrictive than the predominant financial requirements applied
to substantially all medical and surgical benefits covered by
the plan or coverage (as applicable), and that there are no
separate cost sharing requirements that are applicable only
with respect to such item or service; and
``(2) the treatment limitations (as defined in such
section) applicable to such item or service are no more
restrictive than the predominant treatment limitations applied
to substantially all medical and surgical benefits covered by
the plan or coverage (as applicable), and that there are no
separate treatment limitations that are applicable only with
respect to such item or service.
``(c) Prohibition on Review of Medical Necessity.--A group health
plan and a health insurance issuer offering group health insurance
coverage may not deny or otherwise limit coverage of any item or
service described in subsection (a) furnished to a qualifying
individual on the basis of a review of the medical necessity of such
item or service by such plan or issuer.
``(d) Qualifying Individual Defined.--For purposes of this section,
the term `qualifying individual' means an individual that a physician
(as defined in section 1861(r) of the Social Security Act (42 U.S.C.
1395x(r))) or qualified audiologist (as defined in section
1861(ll)(4)(B) of such Act (42 U.S.C. 1395x(ll)(4)(B))) determines
meets an indication (including unilateral or bilateral hearing loss)
for an auditory implant device and external sound processor described
in subsection (a)(1).''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Coverage of hearing devices and systems.''.
(c) IRC.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9826. COVERAGE OF HEARING DEVICES AND SYSTEMS.
``(a) In General.--A group health plan shall at a minimum provide
coverage for the following items and services furnished to a qualifying
individual:
``(1) Auditory implant devices (including auditory
osseointegrated (bone conduction) implants and cochlear
implants) and external sound processors.
``(2) The maintenance of auditory implant devices and
external sound processors described in paragraph (1).
``(3) Every 5 years, the upgrade (or replacement if an
upgrade is not available) of auditory implant devices and
external sound processors described in paragraph (1).
``(4) Adhesive adapters and softband headbands.
``(5) The repair of auditory implant devices and external
sound processors described in paragraph (1).
``(6) A comprehensive hearing assessment.
``(7) A preoperative medical assessment.
``(8) Surgery relating to the furnishing of such devices
and processors (as determined necessary by a physician or
qualified audiologist (as such terms are defined for purposes
of subsection (d)) treating such individual).
``(9) Postoperative medical visits for purposes of ensuring
appropriate recovery from such surgery.
``(10) Postoperative audiological visits for activation and
fitting of such devices and processors.
``(11) Aural rehabilitation and treatment services (as so
determined necessary).
``(b) Coverage Requirements.--In the case of an item or service
described in subsection (a) furnished to a qualifying individual under
a group health plan, such plan shall ensure that--
``(1) the financial requirements (as defined in section
2726(a)(3) of the Public Health Service Act (42 U.S.C. 300gg-
26(a)(3))) applicable to such item or service are no more
restrictive than the predominant financial requirements applied
to substantially all medical and surgical benefits covered by
the plan, and that there are no separate cost sharing
requirements that are applicable only with respect to such item
or service; and
``(2) the treatment limitations (as defined in such
section) applicable to such item or service are no more
restrictive than the predominant treatment limitations applied
to substantially all medical and surgical benefits covered by
the plan, and that there are no separate treatment limitations
that are applicable only with respect to such item or service.
``(c) Prohibition on Review of Medical Necessity.--A group health
plan may not deny or otherwise limit coverage of any item or service
described in subsection (a) furnished to a qualifying individual on the
basis of a review of the medical necessity of such item or service by
such plan or issuer.
``(d) Qualifying Individual Defined.--For purposes of this section,
the term `qualifying individual' means an individual that a physician
(as defined in section 1861(r) of the Social Security Act (42 U.S.C.
1395x(r))) or qualified audiologist (as defined in section
1861(ll)(4)(B) of such Act (42 U.S.C. 1395x(ll)(4)(B))) determines
meets an indication (including unilateral or bilateral hearing loss)
for an auditory implant device and external sound processor described
in subsection (a)(1).''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section
9825 the following new item:
``Sec. 9826. Coverage of hearing devices and systems.''.
(d) Application to Grandfathered Health Plans.--Section
1251(a)(4)(A) of the Patient Protection and Affordable Care Act (42
U.S.C. 18011(a)(4)(A)) is amended--
(1) by striking ``title'' and inserting ``title, or as
added after the date of the enactment of this Act)''; and
(2) by adding at the end the following new clause:
``(v) Section 2799A-11 (relating to hearing
devices and systems).''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to plan years beginning on or after
January 1, 2025.
<all>
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118S1136 | Not One More Inch or Acre Act | [
[
"C001095",
"Sen. Cotton, Tom [R-AR]",
"sponsor"
],
[
"B001319",
"Sen. Britt, Katie Boyd [R-AL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1136 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1136
To direct the President to take such actions as may be necessary to
prohibit the purchase of public or private real estate located in the
United States by citizens and entities of the People's Republic of
China, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Cotton (for himself and Mrs. Britt) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To direct the President to take such actions as may be necessary to
prohibit the purchase of public or private real estate located in the
United States by citizens and entities of the People's Republic of
China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Not One More Inch or Acre Act''.
SEC. 2. PROHIBITION ON PURCHASE OF PUBLIC OR PRIVATE REAL ESTATE
LOCATED IN THE UNITED STATES BY CITIZENS AND ENTITIES OF
THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Notwithstanding any other provision of law, the
President shall take such actions as may be necessary--
(1) to prohibit the purchase, on or after the date of the
enactment of this Act, of public or private real estate located
in the United States by--
(A) any citizen of the People's Republic of China;
(B) any covered foreign entity; or
(C) any foreign person acting for or on behalf of
the Chinese Communist Party, a covered foreign entity,
or a citizen of the People's Republic of China; and
(2) if the President determines that the ownership, as of
such date of enactment, by a person described in subparagraph
(A), (B), or (C) of paragraph (1) of real estate located in the
United States poses a national security risk to the United
States, to require the sale of such real estate by not later
than the date that is one year after such date of enactment.
(b) Exceptions.--
(1) Exception for refugees.--Subsection (a) does not apply
with respect to a citizen of the People's Republic of China
who--
(A) entered the United States as a refugee (as
defined in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42))); or
(B) was granted asylum or withholding of removal
under section 208 or 241(b)(3) that Act (8 U.S.C. 1158
and 1231(b)(3)).
(2) Exception for property of united states nationals.--
Subsection (a)(2) does not apply with respect to the sale of
real estate owned or otherwise held for personal use by a
United States citizen or an alien lawfully admitted for
permanent residence to the United States.
(c) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity--
(A) acting on behalf of or otherwise directed by
the Government of the People's Republic of China or the
Chinese Communist Party;
(B) that--
(i) is organized under the laws of the
People's Republic of China;
(ii) has a principal place of business in
the People's Republic of China; or
(iii) is owned or controlled by, or
otherwise subject to the jurisdiction of, the
Government of the People's Republic of China or
the Chinese Communist Party; or
(C) that is a subsidiary of an entity described in
subparagraph (B).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(4) 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. 3. PENALTY AMOUNT UNDER AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE
ACT OF 1978.
Section 3(b) of the Agricultural Foreign Investment Disclosure Act
of 1978 (7 U.S.C. 3502(b)) is amended by striking ``exceed 25 percent
of'' and inserting ``be less than 10 percent, or exceed 25 percent,
of''.
<all>
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118S1137 | DHS Suicide Prevention and Resiliency for Law Enforcement Act | [
[
"P000595",
"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
"H001089",
"Sen. Hawley, Josh [R-MO]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1137 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1137
To establish the Law Enforcement Mental Health and Wellness Program,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Peters (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the Law Enforcement Mental Health and Wellness Program,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Suicide Prevention and
Resiliency for Law Enforcement Act''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY SUICIDE PREVENTION AND
RESILIENCY FOR LAW ENFORCEMENT.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by inserting after section 710 the
following:
``SEC. 710A. SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT.
``(a) Definitions.--
``(1) Department of homeland security component.--The term
`Department of Homeland Security component' means--
``(A) U.S. Customs and Border Protection;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Office of the Inspector General of the
Department of Homeland Security;
``(D) the United States Coast Guard;
``(E) the United States Secret Service;
``(F) the Transportation Security Administration;
and
``(G) any other Department of Homeland Security
component or office with law enforcement officers or
agents.
``(2) Program.--The term `Program' means the Law
Enforcement Mental Health and Wellness Program established
pursuant to subsection (b).
``(b) Law Enforcement Mental Health and Wellness Program.--
``(1) Establishment.--
``(A) In general.--The Secretary shall establish,
within the office overseen by the Chief Medical
Officer, the Law Enforcement Mental Health and Wellness
Program.
``(B) Purpose.--The purpose of the Program shall be
to provide a comprehensive approach to address the
mental health and wellness of Department of Homeland
Security law enforcement agents and officers.
``(C) Administration.--The Secretary, working
through the Program, shall--
``(i) establish and maintain policies and
standard operating procedures, consistent with
best evidence-based practices, that detail the
authority, roles, and responsibilities of the
Program;
``(ii) conduct data collection and research
on mental health, suicides, and, to the extent
possible, attempted suicides, of law
enforcement personnel within the Department of
Homeland Security, in accordance with section
552a of title 5, United States Code (commonly
known as the Privacy Act of 1974), section 501
of the Rehabilitation Act of 1973 (29 U.S.C.
791), the Department of Homeland Security's
directives and policies, section 1128E of the
Social Security Act (42 U.S.C. 1320a-7e), and
section 2(a) of the Law Enforcement Suicide
Data Collection Act (Public Law 116-143);
``(iii) track current trends and leading
practices from other governmental and
nongovernmental organizations for law
enforcement mental health and wellness;
``(iv) evaluate current mental health and
resiliency programs within Department of
Homeland Security components;
``(v) promote education and training
related to mental health, resilience, suicide
prevention, stigma, and mental health resources
to raise mental health awareness and to support
others the needs of supervisors, clinicians,
care-givers, peer support members, chaplains,
and those who have been exposed to trauma;
``(vi) establish the Peer-to-Peer Support
Program Advisory Council, which shall--
``(I) include at least 1 licensed
clinician and at least 1 official with
requisite and relevant training and
experience in peer support for law
enforcement personnel from each
Department of Homeland Security
component;
``(II) evaluate component peer
support programs;
``(III) identify and address any
potential deficiencies, limitations,
and gaps;
``(IV) provide for sharing of
leading practices or best practices,
including internationally recognized
peer support standards of care
protocols;
``(V) create a peer support network
that enables the sharing of trained
peer support personnel, chaplains, and
other peer-to-peer personnel across
Department of Homeland Security
components; and
``(VI) sustain peer support
programs through ongoing funding of
annual and refresher training and
resources for peer support programing
in the workplace--
``(aa) to ensure minimum
standards for peer support
services; and
``(bb) to provide
appropriate care for peer
support personnel across
Department of Homeland Security
components;
``(vii) assist Department of Homeland
Security components in developing a program to
provide suicide prevention and resiliency
support and training for--
``(I) families of law enforcement
agents and officers; and
``(II) surviving families of
officers and agents who have died by
suicide;
``(viii) work with law enforcement mental
health and wellness program officials of
Department of Homeland Security components
(which shall include peer support-trained
personnel, agency mental health professionals,
chaplains, and, for components with employees
having an exclusive representative, the
exclusive representative with respect to such
program) to implement new policies, procedures,
and programs that may be necessary based on
findings from data collection, research, and
evaluation efforts; and
``(ix) conduct regular outreach and
messaging, across Department of Homeland
Security components, of available training
opportunities and resources.
``(D) Confidentiality; limitation.--
``(i) Confidentiality.--Actions described
in subparagraph (C) may not include the
publication of any personally identifiable
information.
``(ii) Limitation.--Personally identifiable
information collected pursuant to subparagraph
(C) may not be used for any purpose other than
the implementation of this section unless
otherwise permitted under applicable law. Any
personally identifiable information that is
collected, maintained, or used pursuant to this
section is subject to applicable public
nondisclosure requirements, including sections
552 and 552a of title 5, United States Code.
``(E) Personnel.--
``(i) Management.--The Workplace Health and
Wellness Coordinator of the Department, under
the direction of the Chief Medical Officer of
the Department, shall be responsible for the
ongoing management of the Program.
``(ii) Minimum core personnel
requirements.--Subject to appropriations, the
Secretary shall ensure that the Program is
staffed with the number of employees that the
Chief Medical Officer determines to be
necessary to carry out the duties described in
subparagraph (C), including representatives
from each Department of Homeland Security
component and the Office of the Chief Privacy
Officer.
``(2) Directive.--Not later than 180 days after the date of
the enactment of the DHS Suicide Prevention and Resiliency for
Law Enforcement Act, the Chief Medical Officer of the
Department shall--
``(A) issue a directive or policy that outlines the
roles and responsibilities of the Program; and
``(B) distribute such directive or policy among all
Department personnel.
``(c) Coordination.--The Chief Medical Officer of the Department
shall require the Program to regularly coordinate with the Department
of Homeland Security components by assigning at least 1 official from
each such component to the Program for the purpose of coordinating with
field points of contact who are responsible for carrying out duties
within Department mental health and wellness programs.
``(d) Department of Homeland Security Components.--The Secretary
shall require the head of each Department of Homeland Security
component to prioritize and improve mental health and wellness
programs, which may include other Department of Homeland Security
component personnel, that--
``(1) provide adequate resources for law enforcement mental
health, well-being, resilience, and suicide prevention programs
and research;
``(2) promote a culture that reduces the stigma of seeking
mental health assistance through regular messaging, training,
and raising mental health awareness;
``(3) offer several avenues of seeking mental health or
counseling assistance, both within the Department of Homeland
Security component and through private sources that provide for
anonymity and include access to external mental health
clinicians;
``(4) review and revise relevant policies of Department of
Homeland Security components that inadvertently deter personnel
from seeking mental health assistance;
``(5) ensure that such programs include safeguards against
adverse action, including automatic referrals for a fitness for
duty examination, by such component with respect to any
employee solely because such employee self identifies a need
for psychological health counseling or assistance or receives
such counseling or assistance;
``(6) implement policies that require in-person or live and
interactive virtual suicide awareness and law enforcement
resiliency training for law enforcement officers and agents;
``(7) make such training available, as appropriate, to
other personnel--
``(A) upon the commencement of their employment
with the Department of Homeland Security;
``(B) on an annual basis during such employment;
``(C) during such employees' transition into a
supervisory role; and
``(D) if feasible, shortly before the officer,
agent, or other Department of Homeland Security
component personnel terminates his or her employment
with the Department, if such individual elects to
participate; and
``(8) include prevention and awareness training
opportunities and support services for families of officers,
agents, and other Department of Homeland Security component
personnel.
``(e) Data Collection and Evaluation.--
``(1) Assessment of effectiveness of law enforcement health
and wellness programs.--The Workplace Health and Wellness
Coordinator, under the direction of the Chief Medical Officer
of the Department--
``(A) shall develop criteria to assess the
effectiveness of law enforcement health and wellness
programs carried out by the Department;
``(B) shall conduct annual confidential surveys of
law enforcement agents and officers within Department
of Homeland Security components to assist in evaluating
the effectiveness of law enforcement health and
wellness programs in accordance with the criteria
developed pursuant to subparagraph (A);
``(C) shall ensure that the surveys conducted
pursuant to subparagraph (B)--
``(i) incorporate leading practices in
questionnaire and survey design and
development; and
``(ii) establish a baseline and
subsequently measure change over time; and
``(D) may utilize contractor support in carrying
out the duties described in subparagraphs (A) through
(C).
``(2) Recommendations.--The Chief Medical Officer of the
Department shall provide recommendations to Department of
Homeland Security components based on the evaluation of
programs and the results of the surveys conducted pursuant to
paragraph (1)(B).
``(3) Incident reports.--Each Department of Homeland
Security component shall report to the Workplace Health and
Wellness Coordinator incidents of suicide involving law
enforcement officers and agents and any data consistent with
data collected under section 2(a) of the Law Enforcement
Suicide Data Collection Act (Public Law 116-143). The Workplace
Health and Wellness Coordinator shall forward such information
to the Law Enforcement Officers Suicide Data Collection Program
established pursuant to such section.
``(4) Confidentiality; limitation.--
``(A) Confidentiality.--Activities described in
paragraph (1) or reporting described under paragraph
(3) may not include the publication of any personally
identifiable information.
``(B) Limitation.--Personally identifiable
information collected pursuant to paragraph (1) may not
be used for any purpose other than the implementation
of this section unless otherwise permitted under
applicable law. Any personally identifiable information
that is collected, maintained, or used pursuant to this
section is subject to applicable public nondisclosure
requirements, including sections 552 and 552a of title
5, United States Code.
``(f) Briefing.--Not later than 180 days after the date of the
enactment of the DHS Suicide Prevention and Resiliency for Law
Enforcement Act, and annually thereafter through fiscal year 2027, the
Chief Medical Officer of the Department shall provide a briefing to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
regarding the implementation of the requirements described in this
section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 710 the following:
``Sec. 710A. Suicide prevention and resiliency for law enforcement.''.
<all>
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118S1138 | Fossil Free Finance Act of 2023 | [
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[
"W000800"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1138 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1138
To amend the Bank Holding Company Act of 1956 and the Financial
Stability Act of 2010 to require a reduction of financed emissions to
protect financial stability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Markey (for himself, Mr. Merkley, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Bank Holding Company Act of 1956 and the Financial
Stability Act of 2010 to require a reduction of financed emissions to
protect financial stability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fossil Free Finance Act of 2023''.
SEC. 2. ALIGNMENT OF FINANCED EMISSIONS WITH SCIENCE-BASED TARGETS.
The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is
amended by adding at the end the following:
``SEC. 15. ALIGNMENT OF FINANCED EMISSIONS WITH SCIENCE-BASED TARGETS.
``(a) Definitions.--In this section:
``(1) Carbon offsets--The term `carbon offsets' means an
emissions reduction or removal of greenhouse gases in a manner
calculated and traced for the purpose of offsetting an entity's
greenhouse gas emissions.
``(2) Covered bank holding company.--The term `covered bank
holding company' means a bank holding company with total
consolidated assets not less than $50,000,000,000.
``(3) Deforestation risk commodities.--The term
`deforestation risk commodities' means globally traded goods
and raw materials--
``(A) that originate from natural forest
ecosystems--
``(i) directly from within forest areas; or
``(ii) from areas previously under forest
cover; and
``(B) the extraction or production of which
contributes significantly to the conversion of natural
forest to agriculture, tree plantation, or other
nonforest land use.
``(4) Financed emissions.--The term `financed emissions'
means, with respect to a covered bank holding company, and any
nonbank financial company supervised by the Board in accordance
with section 113 of the Financial Stability Act of 2010 (12
U.S.C. 5323), the greenhouse gas emissions of such company,
expressed in metric tons of carbon dioxide equivalent,
attributable to investment in, or the providing of financial
services to, another company or project of another company,
including--
``(A) investments in a debt or equity investment in
such another company or the assets of such another
company;
``(B) project finance investment;
``(C) underwriting;
``(D) syndication or securitization of loans or
asset-backed securities;
``(E) derivative transactions related to financing
or hedging; and
``(F) market making.
``(5) Fossil fuel financing.--The term `fossil fuel
financing' means, with respect to a covered bank holding
company, investment in--
``(A) a company that derives not less than 15
percent revenue from exploration, extraction,
processing, exporting, transporting, and any other
significant action with respect to oil, natural gas,
coal, or any byproduct thereof; or
``(B) a fossil fuel project.
``(6) Fossil fuel project.--The term `fossil fuel project'
means a project intended to--
``(A) facilitate or expand exploration, extraction,
processing, exporting, transporting, or any other
significant action with respect to oil, natural gas,
coal; or
``(B) construct any infrastructure related to the
activities described in subparagraph (A), such as
wells, pipelines, terminals, refineries, or utility-
sale generation facilities.
``(7) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, methane, nitrous oxide, nitrogen trifluoride,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
``(8) Natural forest.--The term `natural forest' means a
natural arboreal ecosystem that--
``(A) has a species composition a significant
percentage of which is native species; and
``(B) contains a tree canopy cover of more than 10
percent over an area of not less than 0.5 hectares.
``(9) New or expanded fossil fuel project.--The term `new
or expanded fossil fuel project' means a fossil fuel project
that would increase the--
``(A) level of proven or developable oil, natural
gas, or coal reserves;
``(B) midstream throughput of pipelines, terminals,
or refineries; or
``(C) combustion of oil, natural gas, or coal for
utility-scale electricity generation.
``(b) Requirements.--Not later than 210 days after the date of
enactment of this section, and not less than once every 2 years
thereafter, a covered bank holding company shall--
``(1) submit to the Board an emission reduction plan for
reducing emissions in accordance with this section; and
``(2) if the plan is accepted under subsection (d),
implement such plan.
``(c) Elements of Plan.--Each plan required under subsection
(b)(1)--
``(1) shall include--
``(A) a plan for the covered bank holding company
to reach zero financed emissions not later than January
1, 2050;
``(B) a plan to reduce the financed emissions of
the bank holding company by 50 percent not later than
January 1, 2030;
``(C) a plan to discontinue new or expanded fossil
fuel projects not later than 60 days after the date of
enactment of this section;
``(D) a plan for the covered bank holding company
to discontinue thermal coal financing not later than
January 1, 2025;
``(E) a plan for the covered bank holding company
to discontinue all fossil fuel financing not later than
January 1, 2030;
``(F) a plan for the covered bank holding company
to eliminate financing of deforestation risk
commodities; and
``(G) such other requirements as the Board
determines is necessary to protect the financial
stability of the United States;
``(2) may not include carbon offsets;
``(3) may include proven negative carbon emission
technologies to meet the requirements under paragraph (1)(A) if
the technologies do not negatively impact low-income, minority,
or indigenous communities;
``(4) shall prioritize--
``(A) the covered bank holding company withdrawing
funding from companies and projects that have a
disproportionately negative impact on the health and
well-being of low-income and minority communities;
``(B) lending to companies for purposes of carrying
out severance, retraining, and other benefits to
workers impacted by the transition to zero financed
emissions; and
``(C) enhanced due diligence about the impacts of
financing on biodiversity and community and the
framework of the client for and track record in--
``(i) managing greenhouse gas and other
emissions; and
``(ii) compliance with regulations and
international standards.
``(d) Consideration of Plan.--Not later than 180 days after the
date on which the Board receives a plan submitted under subsection
(b)(1), the Board shall--
``(1) accept the plan; or
``(2)(A) reject the plan if the plan does not align with
science-based targets without the use of offsets or unproven
carbon emission reduction technologies; and
``(B) require the covered bank holding company to revise
such plan in accordance with the suggestions of the Board.
``(e) Penalties.--If a covered bank holding company does not submit
a plan in accordance with this section or meet the requirements set out
in such a plan--
``(1) the Board shall--
``(A) apply the penalties under section 8 under
regulations prescribed by the Board;
``(B) require divestiture of assets in order to
bring the financed emissions of a covered bank holding
company into compliance with the requirements set out
in such a plan; and
``(C) notify the Board of Directors of the Federal
Deposit Insurance Corporation of the noncompliance of
the covered bank holding company; and
``(2) the Board of Directors of the Federal Deposit
Insurance Corporation may, with respect to any covered bank
holding company described in paragraph (1)(C) or a subsidiary
of the bank holding company that contributes to the failure of
the covered bank holding company to comply with this section--
``(A) terminate the insured status of the insured
depository institution of which the bank holding
company has control under section 8(a)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(a)(2));
and
``(B) carry out any other corrective action
available under section 38 of the Federal Deposit
Insurance Act (12 U.S.C. 1831o) for the insured
depository institution of which the bank holding
company has control under section 8(a)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(a)(2)).
``(f) Regulations.--Not later than 180 days after the date of
enactment of this section, the Board shall issue regulations
establishing the format and timing for submission of the plans required
under this section.''.
SEC. 3. CONTRIBUTION TO CLIMATE CHANGE INCLUDED IN FSOC DESIGNATION.
(a) Authority To Require Supervision and Regulation of Certain
Nonbank Financial Companies.--Section 113 of the Financial Stability
Act of 2010 (12 U.S.C. 5323) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (L); and
(C) by inserting after subparagraph (J) the
following:
``(K) the extent to which the company makes a
nontrivial contribution to the financed emissions, as
defined in section 15 of the Bank Holding Company Act
of 1956, of the financial system of the United States;
and''; and
(2) in subsection (b)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) by redesignating subparagraph (K) as
subparagraph (L); and
(C) by inserting after subparagraph (J) the
following:
``(K) the extent to which the company makes a
nontrivial contribution to the financed emissions, as
defined in section 15 of the Bank Holding Company Act
of 1956, of the financial system of the United States;
and''.
(b) Enhanced Supervision and Prudential Standards for Nonbank
Financial Companies Supervised by the Board of Governors and Certain
Bank Holding Companies.--
(1) Development of prudential standards.--Section 115(b)(1)
of the Financial Stability Act of 2010 (12 U.S.C. 5325(b)(1))
is amended--
(A) in subparagraph (H), by striking ``and'';
(B) in subparagraph (I), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(J) divestiture of financed emissions, as defined
in section 15 of the Bank Holding Company Act of
1956.''.
(2) Required standards.--Section 165(b)(1)(A) of the
Financial Stability Act of 2010 (12 U.S.C. 5365(b)(1)(A)) is
amended--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) emissions reduction plans in
accordance with section 15 of the Bank Holding
Company Act of 1956.''.
SEC. 4. REPORTS.
(a) Definitions.--In this section:
(1) Covered bank holding company; financed emissions.--The
terms ``covered bank holding company'' and ``financed
emissions'' have the meanings given the terms in section 15 of
the Bank Holding Company Act of 1956, as added by section 2 of
this Act.
(2) Science-based emissions targets.--The term ``science-
based emissions targets'' means reduction in greenhouse gas
emissions consistent with preventing an increase in global
average temperature of not less than 1.5 degrees Celsius
compared to pre-industrial levels.
(b) Initial Report.--Not later than 180 days after the date of
enactment of this Act, the Board of Governors of the Federal Reserve
System shall submit to Congress a report that--
(1) identifies the current level of financed emissions in
the financial system of the United States;
(2) includes an analysis of trends in financed emissions
reductions;
(3) includes a summary of the commitments of covered bank
holding companies to reduce financed emissions;
(4) estimates the financed emissions in the financial
system of the United States needed to meet science-based
emissions targets;
(5) identifies regulatory gaps in reducing financed
emissions that cannot be addressed with authorities of the
Board and recommendations for addressing such gaps;
(6) identifies data quality challenges for assessing
financed emissions and recommendations to address those
challenges;
(7) identifies the equitable transition needs for workers
and communities that will be impacted by a shift to a zero
financed emissions economy;
(8) analyzes--
(A) the number and groups of people affected by a
transition to zero financed emissions; and
(B) the economic impact of such a transition with
respect to such groups; and
(9) identifies regulatory and legislative options for
mitigating the economic impacts described in paragraph (8)(B),
including--
(A) the use of existing authorities, including the
Community Reinvestment Act of 1977 (12 U.S.C. 2901 et
seq.) and emergency lending powers under section 13 of
the Federal Reserve Act (12 U.S.C. 342); and
(B) the establishment of a public investment bank
to finance investment in an equitable transition to a
zero financed emissions economy.
(c) Periodic Report.--Not later than 180 days after the date of
enactment of this Act, and not less than once every 2 years thereafter,
the Board of Governors of the Federal Reserve System shall submit to
Congress a report that includes--
(1) an analysis of the progress against aligning with
financed emissions targets;
(2) the estimates described in subsection (b)(4);
(3) an analysis of the progress made in the preceding 2
years toward an equitable transition to a zero financed
emissions economy; and
(4) recommendations with respect to assistance Congress and
Federal agencies may provide to--
(A) facilitate a reduction of financed emissions;
and
(B) support an equitable transition to a zero
financed emissions economy.
(d) Collection of Data.--The Board of Governors of the Federal
Reserve System shall collect such data as needed from bank holding
companies to carry out the reports required under this section.
<all>
</pre></body></html>
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118S1139 | Lower Drug Costs for Families Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1139 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1139
To amend title XVIII of the Social Security Act to apply prescription
drug inflation rebates to drugs furnished in the commercial market and
to change the base year for rebate calculations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Cortez Masto (for herself, Ms. Klobuchar, Mr. Reed, Ms. Baldwin,
Mr. Brown, Ms. Stabenow, Ms. Smith, Mr. Welch, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to apply prescription
drug inflation rebates to drugs furnished in the commercial market and
to change the base year for rebate calculations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Drug Costs for Families Act''.
SEC. 2. APPLICATION OF PRESCRIPTION DRUG INFLATION REBATES TO DRUGS
FURNISHED IN THE COMMERCIAL MARKET; CHANGE OF BASE YEAR
FOR REBATE CALCULATIONS.
(a) Part B Drugs.--
(1) Application of prescription drug inflation rebates to
drugs furnished in the commercial market.--Section 1847A(i) of
the Social Security Act (42 U.S.C. 1395w-3a(i)) is amended--
(A) in paragraph (1)(A)(i), by striking ``units''
and inserting ``billing units'';
(B) in paragraph (2)(A), by striking ``for which
payment is made under this part'' and inserting ``that
would be payable under this part if such drug were
furnished to an individual enrolled under this part'';
and
(C) in paragraph (3)--
(i) in subparagraph (A)(i), by striking
``units'' and inserting ``billing units''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Total number of billing units.--For purposes
of subparagraph (A)(i), the total number of billing
units with respect to a part B rebatable drug is
determined as follows:
``(i) Determine the total number of units
equal to--
``(I) the total number of units, as
reported under subsection (c)(1)(B) for
each National Drug Code of such drug
during the calendar quarter that is two
calendar quarters prior to the calendar
quarter as described in subparagraph
(A), minus
``(II) the total number of units
with respect to each National Drug Code
of such drug for which payment was made
under a State plan under title XIX (or
waiver of such plan), as reported by
States under section 1927(b)(2)(A) for
the rebate period that is the same
calendar quarter as described in
subclause (I).
``(ii) Convert the units determined under
clause (i) to billing units for the billing and
payment code of such drug, using a methodology
similar to the methodology used under this
section, by dividing the units determined under
clause (i) for each National Drug Code of such
drug by the billing unit for the billing and
payment code of such drug.
``(iii) Compute the sum of the billing
units for each National Drug Code of such drug
in clause (ii).''.
(2) Change of base year for rebate calculation.--Section
1847A(i) of the Social Security Act (42 U.S.C. 1395w-3a(i)) is
amended--
(A) in paragraph (3)--
(i) in subparagraph (D), by striking ``July
1, 2021'' and inserting ``July 1, 2016''; and
(ii) in subparagraph (E), by striking
``January 2021'' and inserting ``January
2016''; and
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``December 1,
2020'' and inserting ``December 31,
2015''; and
(II) by striking ``January 2021''
and inserting ``January 2016'';
(ii) in subparagraph (B), by striking
``December 1, 2020'' and inserting ``December
31, 2015''; and
(iii) in subparagraph (C), by striking
``January 2021'' and inserting ``January
2016''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
11101 of Public Law 117-169.
(b) Covered Part D Drugs.--
(1) Application of prescription drug inflation rebates to
drugs furnished in the commercial market.--Section 1860D-14B of
the Social Security Act (42 U.S.C. 1395w-114b) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)(i), by
striking ``the total number of units''
and all that follows through the
semicolon and inserting the following:
``the total number of units that are
used to calculate the average
manufacturer price of such dosage form
and strength with respect to such part
D rebatable drug, as reported by the
manufacturer of such drug under section
1927 for each month, with respect to
such period;''; and
(II) by striking subparagraph (B)
and inserting the following:
``(B) Excluded units.--For purposes of subparagraph
(A)(i), the Secretary shall exclude from the total
number of units for a dosage form and strength with
respect to a part D rebatable drug, with respect to an
applicable period, the following:
``(i) Units of each dosage form and
strength of such part D rebatable drug for
which payment was made under a State plan under
title XIX (or waiver of such plan), as reported
by States under section 1927(b)(2)(A).
``(ii) Units of each dosage form and
strength of such part D rebatable drug for
which a rebate is paid under section 1847A(i).
``(iii) Beginning with plan year 2026,
units of each dosage form and strength of such
part D rebatable drug for which the
manufacturer provides a discount under the
program under section 340B of the Public Health
Service Act.''; and
(ii) in paragraph (6), by striking
``information.--The Secretary'' and all that
follows through ``rebatable covered part D drug
dispensed'' and inserting the following: ``AMP
reports.--The Secretary shall provide for a
method and process under which, in the case of
a manufacturer of a part D rebatable drug that
submits revisions to information submitted
under section 1927 by the manufacturer with
respect to such drug''; and
(B) by striking subsection (d) and inserting the
following:
``(d) Information.--For purposes of carrying out this section, the
Secretary shall use information submitted by manufacturers under
section 1927(b)(3) and information submitted by States under section
1927(b)(2)(A).''.
(2) Change of base year for rebate calculation.--Section
1860D-14B of the Social Security Act (42 U.S.C. 1395w-114b) is
amended--
(A) in subsection (b)(5)--
(i) in subparagraph (A)--
(I) by striking ``October 1, 2021''
and inserting ``October 1, 2016''; and
(II) by striking ``January 2021''
and inserting ``January 2016''; and
(ii) in subparagraph (C), by striking
``January 2021'' and inserting ``January
2016''; and
(B) in subsection (g)--
(i) in paragraph (3)--
(I) by striking ``January 1, 2021''
and inserting ``January 1, 2016''; and
(II) by striking ``October 1,
2021'' and inserting ``October 1,
2016''; and
(ii) in paragraph (4), by striking
``January 2021'' and inserting ``January
2016''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
11102 of Public Law 117-169.
<all>
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118S114 | Preventive Health Savings Act | [
[
"C000141",
"Sen. Cardin, Benjamin L. [D-MD]",
"sponsor"
],
[
"C000880",
"Sen. Crapo, Mike [R-ID]",
"cosponsor"
],
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"K000383",
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"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] | <p><b>Preventive Health Savings Act</b></p> <p>This bill requires the Congressional Budget Office (CBO), upon receiving a request from Congress, to determine if proposed legislation would reduce spending outside of the 10-year budget window through the use of preventive health and preventive health services. </p> <p>If CBO determines that the legislation would result in substantial spending reductions from the use of preventive health and preventive health services, a description and estimate of the spending reductions must be included in CBO projections. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 114 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 114
To amend the Congressional Budget Act of 1974 respecting the scoring of
preventive health savings.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Cardin (for himself, Mr. Crapo, Mr. King, and Mr. Cramer)
introduced the following bill; which was read twice and referred to the
Committee on the Budget
_______________________________________________________________________
A BILL
To amend the Congressional Budget Act of 1974 respecting the scoring of
preventive health savings.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventive Health Savings Act''.
SEC. 2. SCORING OF PREVENTIVE HEALTH SAVINGS.
Section 202 of the Congressional Budget and Impoundment Control Act
of 1974 (2 U.S.C. 602) is amended by adding at the end the following:
``(h) Scoring of Preventive Health Savings.--
``(1) Determination by the director.--Upon a request by the
chairman or ranking minority member of the Committee on the
Budget, the Committee on Finance, or the Committee on Health,
Education, Labor, and Pensions of the Senate, or by the
chairman or ranking minority member of the Committee on the
Budget, the Committee on Energy and Commerce, or the Committee
on Ways and Means of the House of Representatives, the Director
shall determine if a proposed measure would result in
reductions in budget outlays in budgetary outyears through the
use of preventive health and preventive health services.
``(2) Projections.--If the Director determines that a
measure would result in substantial reductions in budget
outlays as described in paragraph (1), the Director--
``(A) shall include, in any projection prepared by
the Director, a description and estimate of the
reductions in budget outlays in the budgetary outyears
and a description of the basis for such conclusions;
and
``(B) may prepare a budget projection that includes
some or all of the budgetary outyears, notwithstanding
the time periods for projections described in
subsection (e) and sections 308, 402, and 424.
``(3) Definitions.--As used in this subsection--
``(A) the term `budgetary outyears' means the 2
consecutive 10-year periods beginning with the first
fiscal year that is 10 years after the budget year
provided for in the most recently agreed to concurrent
resolution on the budget; and
``(B) the term `preventive health' means an action
that focuses on the health of the public, individuals,
and defined populations in order to protect, promote,
and maintain health and wellness and prevent disease,
disability, and premature death that is demonstrated by
credible and publicly available evidence from
epidemiological projection models, clinical trials,
observational studies in humans, longitudinal studies,
and meta-analysis.''.
<all>
</pre></body></html>
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118S1140 | Ensuring Access to General Surgery Act of 2023 | [
[
"S001194",
"Sen. Schatz, Brian [D-HI]",
"sponsor"
],
[
"B001261",
"Sen. Barrasso, John [R-WY]",
"cosponsor"
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[
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],
[
"S001191",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1140 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1140
To amend the Public Health Service Act with respect to the designation
of general surgery shortage areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Schatz (for himself, Mr. Barrasso, Ms. Cantwell, Mr. Marshall, and
Ms. Sinema) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act with respect to the designation
of general surgery shortage areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to General Surgery
Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Health Workforce, the United
States faces a shortage of physicians.
(2) A 2016 study entitled ``Supply and Demand of General
Surgeons: Projections From 2014-2030'', prepared by the
University of North Carolina at Chapel Hill for the American
College of Surgeons, found that the supply of general surgeons
will grow slightly by 2030 but will not keep up with overall
growth in the United States population or demand for surgical
services.
(3) A 2021 report released by the Association of American
Medical Colleges projects shortages in all surgical specialties
of between 15,800 and 30,200 surgeons by 2034.
(4) A 2020 report prepared by the Health Resources and
Services Administration for the Committee on Appropriations of
the Senate found a maldistribution of general surgeons
nationwide, with rural areas having only 69 percent of the
general surgeons needed to meet demand for care.
(5) In order to accurately prepare for future physician
workforce demands, comprehensive, impartial research and high-
quality data are needed to inform dynamic projections of
physician workforce needs.
(6) A variety of factors, including health outcomes,
utilization trends, growing and aging populations, and delivery
system changes, influence workforce needs and should be
considered as part of flexible projections of workforce needs.
(7) Given the particularly acute needs in many rural and
other surgical workforce shortage areas, additional efforts to
assess the adequacy of the current general surgeon workforce
are necessary.
SEC. 3. STUDY ON DESIGNATION OF GENERAL SURGICAL HEALTH PROFESSIONAL
SHORTAGE AREAS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XIII--General Surgery Shortage Areas
``SEC. 340J. DESIGNATION OF GENERAL SURGERY SHORTAGE AREAS.
``(a) General Surgery Shortage Area Defined.--For purposes of this
section, the term `general surgery shortage area' means, with respect
to an urban, suburban, or rural area in the United States, an area that
has a population that is underserved by general surgeons.
``(b) Study and Report.--
``(1) Study.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, shall conduct a study on the following matters
relating to access by underserved populations to general
surgeons:
``(A) Whether current shortage designations, such
as the designation of health professional shortage
areas under section 332, results in accurate
assessments of the adequacy of local general surgeons
to address the needs of underserved populations in
urban, suburban, or rural areas.
``(B) Whether another measure of access to general
surgeons by underserved populations, such as one based
on general surgeons practicing within hospital service
areas, would provide more accurate assessments of
shortages in the availability of local general surgeons
to meets the needs of those populations.
``(C) Potential methodologies for the designation
of general surgery shortage areas, including the
methodology described in paragraph (2).
``(2) Methodology for the designation of areas.--Among the
methodologies considered under paragraph (1)(C) for the
designation of general surgery shortage areas, the Secretary
shall analyze the effectiveness and accuracy of the following
methodology:
``(A) Development of surgery service areas.--
Development of surgery service areas through the
identification of hospitals with surgery services and
the identification of populations by ZIP Code areas
using Medicare patient origin data.
``(B) Identification of surgeons.--Identification
of all actively practicing general surgeons.
``(C) Surgeon to population ratios.--Development of
general surgeon-to-population ratios for each surgery
service area.
``(D) Thresholds.--
``(i) In general.--Determination of
threshold general surgeon-to-population ratios
for the number of general surgeons necessary to
treat a population for each of the following
levels:
``(I) Optimal supply of general
surgeons.
``(II) Adequate supply of general
surgeons.
``(III) Shortage of general
surgeons.
``(IV) Critical shortage of general
surgeons.
``(ii) Considerations.--In determining the
thresholds under clause (i), the Secretary
shall not assume that the current supply of
general surgeons nationwide is the optimal or
adequate level and shall consider additional
factors such as wait times, health outcomes,
ground transportation time to the nearest
health care center with a general surgeon,
critical access hospitals with surgical
capabilities but lacking a general surgeon, and
patient experience.
``(3) Report.--Not later than 1 year after the date of the
enactment of this subpart, the Secretary shall submit to
Congress a report on the study conducted under this subsection.
``(4) Consultation.--In conducting the study under
paragraph (1), the Secretary shall consult with relevant
stakeholders, including medical societies, organizations
representing surgical facilities, organizations with expertise
in general surgery, and organizations representing patients.
``(5) Publication of data.--The Secretary shall
periodically collect and publish in the Federal Register--
``(A) data comparing the availability and need of
general surgery services in urban, suburban, or rural
areas in the United States; and
``(B) if the Secretary designates one or more
general surgery shortage areas under subsection (c), a
list of the areas so designated.
``(c) Designation of General Surgery Shortage Areas.--
``(1) Methodology developed through regulation.--Based on
the findings of the report under subsection (b)(3), the
Secretary may establish, through notice and comment rulemaking,
a methodology for the designation of general surgery shortage
areas under this section.
``(2) Requirements.--If the Secretary elects to develop a
methodology under paragraph (1), the following shall apply:
``(A) Using the methodology established under
paragraph (1) and taking into consideration the data
referred to in subsection (b)(5), the Secretary shall--
``(i) designate general surgery shortage
areas in the United States;
``(ii) publish a descriptive list of the
areas; and
``(iii) review annually, and, as necessary,
revise such designations.
``(B) The Secretary shall follow similar procedures
with respect to notice to appropriate parties,
opportunities for comment, dissemination of
information, and reports to Congress in designating
general surgery shortage areas under this section as
those that apply to the designation of health
professional shortage areas under section 332.
``(C) In designating general surgery shortage areas
under this subsection, the Secretary shall consult with
relevant stakeholders, including medical societies,
organizations representing surgical facilities,
organizations with expertise in general surgery, and
organizations representing patients.''.
<all>
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118S1141 | HALT Fentanyl Act | [
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"Sen. Cassidy, Bill [R-LA]",
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[
"W000437",
"Sen.... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1141 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1141
To amend the Controlled Substances Act with respect to the scheduling
of fentanyl-related substances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Cassidy (for himself, Mr. Marshall, 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 with respect to the scheduling
of fentanyl-related substances, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Halt All Lethal Trafficking of
Fentanyl Act'' or the ``HALT Fentanyl Act''.
SEC. 2. CLASS SCHEDULING OF FENTANYL-RELATED SUBSTANCES.
Section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c))
is amended by adding at the end of schedule I the following:
``(e)(1) Unless specifically exempted or unless listed in another
schedule, any material, compound, mixture, or preparation which
contains any quantity of a fentanyl-related substance, or which
contains the salts, isomers, and salts of isomers of a fentanyl-related
substance whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation.
``(2) For purposes of paragraph (1), except as provided in
paragraph (3), the term `fentanyl-related substance' means any
substance that is structurally related to fentanyl by 1 or more of the
following modifications:
``(A) By replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle.
``(B) By substitution in or on the phenethyl group with
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or
nitro groups.
``(C) By substitution in or on the piperidine ring with
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino, or nitro groups.
``(D) By replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
``(E) By replacement of the N-propionyl group with another
acyl group.
``(3) A substance that satisfies the definition of the term
`fentanyl-related substance' in paragraph (2) shall nonetheless not be
treated as a fentanyl-related substance subject to this schedule if the
substance--
``(A) is controlled by action of the Attorney General under
section 201; or
``(B) is otherwise expressly listed in a schedule other
than this schedule.
``(4)(A) The Attorney General may by order publish in the Federal
Register a list of substances that satisfy the definition of the term
`fentanyl-related substance' in paragraph (2).
``(B) The absence of a substance from a list published under
subparagraph (A) does not negate the control status of the substance
under this schedule if the substance satisfies the definition of the
term `fentanyl-related substance' in paragraph (2).''.
SEC. 3. REGISTRATION REQUIREMENTS RELATED TO RESEARCH.
(a) Alternative Registration Process for Schedule I Research.--
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended--
(1) by redesignating the second subsection (l) (relating to
required training for prescribers) as subsection (m); and
(2) by adding at the end the following:
``(n) Special Provisions for Practitioners Conducting Certain
Research With Schedule I Controlled Substances.--
``(1) In general.--Notwithstanding subsection (f), a
practitioner may conduct research described in paragraph (2) of
this subsection with 1 or more schedule I substances in
accordance with subparagraph (A) or (B) of paragraph (3) of
this subsection.
``(2) Research subject to expedited procedures.--Research
described in this paragraph is research that--
``(A) is with respect to a drug that is the subject
of an investigational use exemption under section
505(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)); or
``(B) is--
``(i) conducted by the Department of Health
and Human Services or the Department of
Veterans Affairs; or
``(ii) funded partly or entirely by a
grant, contract, cooperative agreement, or
other transaction from the Department of Health
and Human Services or the Department of
Veterans Affairs.
``(3) Expedited procedures.--
``(A) Researcher with a current schedule i or ii
research registration.--
``(i) In general.--If a practitioner is
registered to conduct research with a
controlled substance in schedule I or II, the
practitioner may conduct research under this
subsection on and after the date that is 30
days after the date on which the practitioner
sends a notice to the Attorney General
containing the following information, with
respect to each substance with which the
practitioner will conduct the research:
``(I) The chemical name of the
substance.
``(II) The quantity of the
substance to be used in the research.
``(III) Demonstration that the
research is in the category described
in paragraph (2), which demonstration
may be satisfied--
``(aa) in the case of a
grant, contract, cooperative
agreement, or other
transaction, or intramural
research project, by
identifying the sponsoring
agency and supplying the number
of the grant, contract,
cooperative agreement, other
transaction, or project; or
``(bb) in the case of an
application under section
505(i) of the Federal Food,
Drug, and Cosmetic Act (21
U.S.C. 355(i)), by supplying
the application number and the
sponsor of record on the
application.
``(IV) Demonstration that the
researcher is authorized to conduct
research with respect to the substance
under the laws of the State in which
the research will take place.
``(ii) Verification of information by hhs
or va.--Upon request from the Attorney General,
the Secretary of Health and Human Services or
the Secretary of Veterans Affairs, as
appropriate, shall verify information submitted
by an applicant under clause (i)(III).
``(B) Researcher without a current schedule i or ii
research registration.--
``(i) In general.--If a practitioner is not
registered to conduct research with a
controlled substance in schedule I or II, the
practitioner may send a notice to the Attorney
General containing the information listed in
subparagraph (A)(i), with respect to each
substance with which the practitioner will
conduct the research.
``(ii) Attorney general action.--The
Attorney General shall--
``(I) treat notice received under
clause (i) as a sufficient application
for a research registration; and
``(II) not later than 45 days of
receiving such a notice that contains
all information required under
subparagraph (A)(i)--
``(aa) register the
applicant; or
``(bb) serve an order to
show cause upon the applicant
in accordance with section
304(c).
``(4) Electronic submissions.--The Attorney General shall
provide a means to permit a practitioner to submit a
notification under paragraph (3) electronically.
``(5) Limitation on amounts.--A practitioner conducting
research with a schedule I substance under this subsection may
only possess the amounts of schedule I substance identified
in--
``(A) the notification to the Attorney General
under paragraph (3); or
``(B) a supplemental notification that the
practitioner may send if the practitioner needs
additional amounts for the research, which supplemental
notification shall include--
``(i) the name of the practitioner;
``(ii) the additional quantity needed of
the substance; and
``(iii) an attestation that the research to
be conducted with the substance is consistent
with the scope of the research that was the
subject of the notification under paragraph
(3).
``(6) Importation and exportation requirements not
affected.--Nothing in this subsection alters the requirements
of part A of title III, regarding the importation and
exportation of controlled substances.''.
(b) Separate Registrations Not Required for Additional Researcher
in Same Institution.--Section 302(c) of the Controlled Substances Act
(21 U.S.C. 822(c)) is amended by adding at the end the following:
``(4) An agent or employee of a research institution that
is conducting research with a controlled substance if--
``(A) the agent or employee is acting within the
scope of the professional practice of the agent or
employee;
``(B) another agent or employee of the institution
is registered to conduct research with a controlled
substance in the same schedule;
``(C) the researcher who is so registered--
``(i) informs the Attorney General of the
name, position title, and employing institution
of the agent or employee who is not separately
registered;
``(ii) authorizes that agent or employee to
perform research under the registration of the
registered researcher; and
``(iii) affirms that any act taken by that
agent or employee involving a controlled
substance shall be attributable to the
registered researcher, as if the researcher had
directly committed the act, for purposes of any
proceeding under section 304(a) to suspend or
revoke the registration of the registered
researcher; and
``(D) the Attorney General does not, within 30 days
of receiving the information, authorization, and
affirmation described in subparagraph (C), refuse, for
a reason listed in section 304(a), to allow the agent
or employee to possess the substance without a separate
registration.''.
(c) Single Registration for Related Research Sites.--Section 302(e)
of the Controlled Substances Act (21 U.S.C. 822(e)) is amended by
adding at the end the following:
``(3)(A) Notwithstanding paragraph (1), a person registered to
conduct research with a controlled substance under section 303(f) may
conduct the research under a single registration if--
``(i) the research occurs exclusively on sites all of which
are--
``(I) within the same city or county; and
``(II) under the control of the same institution,
organization, or agency; and
``(ii) before commencing the research, the researcher
notifies the Attorney General of each site where--
``(I) the research will be conducted; or
``(II) the controlled substance will be stored or
administered.
``(B) A site described in subparagraph (A) shall be included in a
registration described in that subparagraph only if the researcher has
notified the Attorney General of the site--
``(i) in the application for the registration; or
``(ii) before the research is conducted, or before the
controlled substance is stored or administered, at the site.
``(C) The Attorney General may, in consultation with the Secretary,
issue regulations addressing, with respect to research sites described
in subparagraph (A)--
``(i) the manner in which controlled substances may be
delivered to the research sites;
``(ii) the storage and security of controlled substances at
the research sites;
``(iii) the maintenance of records for the research sites;
and
``(iv) any other matters necessary to ensure effective
controls against diversion at the research sites.''.
(d) New Inspection Not Required in Certain Situations.--Section
302(f) of the Controlled Substances Act (21 U.S.C. 822(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) The'';
and
(2) by adding at the end the following:
``(2)(A) If a person is registered to conduct research with a
controlled substance and applies for a registration, or for a
modification of a registration, to conduct research with a second
controlled substance that is in the same schedule as the first
controlled substance, or is in a schedule with a higher numerical
designation than the schedule of the first controlled substance, a new
inspection by the Attorney General of the registered location is not
required.
``(B) Nothing in subparagraph (A) shall prohibit the Attorney
General from conducting an inspection that the Attorney General
determines necessary to ensure that a registrant maintains effective
controls against diversion.''.
(e) Continuation of Research on Substances Newly Added to Schedule
I.--Section 302 of the Controlled Substances Act (21 U.S.C. 822) is
amended by adding at the end the following:
``(h) Continuation of Research on Substances Newly Added to
Schedule I.--If a person is conducting research on a substance when the
substance is added to schedule I, and the person is already registered
to conduct research with a controlled substance in schedule I--
``(1) not later than 90 days after the scheduling of the
newly scheduled substance, the person shall submit a completed
application for registration or modification of existing
registration, to conduct research on the substance, in
accordance with regulations issued by the Attorney General for
purposes of this paragraph;
``(2) the person may, notwithstanding subsections (a) and
(b), continue to conduct the research on the substance until--
``(A) the person withdraws the application
described in paragraph (1) of this subsection; or
``(B) the Attorney General serves on the person an
order to show cause proposing the denial of the
application under section 304(c);
``(3) if the Attorney General serves an order to show cause
as described in paragraph (2)(B) and the person requests a
hearing, the hearing shall be held on an expedited basis and
not later than 45 days after the request is made, except that
the hearing may be held at a later time if so requested by the
person; and
``(4) if the person sends a copy of the application
described in paragraph (1) to a manufacturer or distributor of
the substance, receipt of the copy by the manufacturer or
distributor shall constitute sufficient evidence that the
person is authorized to receive the substance.''.
(f) Treatment of Certain Manufacturing Activities as Coincident to
Research.--Section 302 of the Controlled Substances Act (21 U.S.C.
822), as amended by subsection (e), is amended by adding at the end the
following:
``(i) Treatment of Certain Manufacturing Activities as Coincident
to Research.--
``(1) In general.--Except as provided in paragraph (3), a
person who is registered to perform research on a controlled
substance may perform manufacturing activities with small
quantities of that substance, including activities described in
paragraph (2), without being required to obtain a manufacturing
registration, if--
``(A) the activities are performed for the purpose
of the research; and
``(B) the activities and the quantities of the
substance involved in the activities are stated in--
``(i) a notification submitted to the
Attorney General under section 303(l);
``(ii) a research protocol filed with an
application for registration approval under
section 303(f); or
``(iii) a notification to the Attorney
General that includes--
``(I) the name of the registrant;
and
``(II) an attestation that the
research to be conducted with the small
quantities of manufactured substance is
consistent with the scope of the
research that is the basis for the
registration.
``(2) Activities included.--Activities permitted under
paragraph (1) include--
``(A) processing the substance to create extracts,
tinctures, oils, solutions, derivatives, or other forms
of the substance consistent with--
``(i) the information provided as part of a
notification submitted to the Attorney General
under section 303(l); or
``(ii) a research protocol filed with an
application for registration approval under
section 303(f); and
``(B) dosage form development studies performed for
the purpose of requesting an investigational new drug
exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)).
``(3) Exception regarding marijuana.--The authority under
paragraph (1) to manufacture substances does not include the
authority to grow marijuana.''.
(g) Transparency Regarding Special Procedures.--Section 303 of the
Controlled Substances Act (21 U.S.C. 823), as amended by subsection
(a), is amended by adding at the end the following:
``(o) Transparency Regarding Special Procedures.--
``(1) In general.--If the Attorney General determines, with
respect to a controlled substance, that an application by a
practitioner to conduct research with the substance should be
considered under a process, or subject to criteria, different
from the process or criteria applicable to applications to
conduct research with other controlled substances in the same
schedule, the Attorney General shall make public, including by
posting on the website of the Drug Enforcement Administration--
``(A) the identities of all substances for which
such determinations have been made;
``(B) the process and criteria that shall be
applied to applications to conduct research with those
substances; and
``(C) how the process and criteria described in
subparagraph (B) differ from the process and criteria
applicable to applications to conduct research with
other controlled substances in the same schedule.
``(2) Timing of posting.--The Attorney General shall make
information described in paragraph (1) public upon making a
determination described in that paragraph, regardless of
whether a practitioner has submitted such an application at
that time.''.
SEC. 4. RULEMAKING.
(a) Interim Final Rules.--The Attorney General--
(1) shall, not later than 1 year of the date of enactment
of this Act, issue rules to implement this Act and the
amendments made by this Act; and
(2) may issue the rules under paragraph (1) as interim
final rules.
(b) Procedure for Final Rule.--
(1) Effectiveness of interim final rules.--A rule issued by
the Attorney General as an interim final rule under subsection
(a) shall become immediately effective as an interim final rule
without requiring the Attorney General to demonstrate good
cause therefor, notwithstanding subparagraph (B) of section
553(b) of title 5, United States Code.
(2) Opportunity for comment and hearing.--An interim final
rule issued under subsection (a) shall give interested persons
the opportunity to comment and to request a hearing.
(3) Final rule.--After the conclusion of such proceedings,
the Attorney General shall issue a final rule to implement this
Act and the amendments made by this Act in accordance with
section 553 of title 5, United States Code.
<all>
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118S1142 | SBA Collections Act of 2023 | [
[
"E000295",
"Sen. Ernst, Joni [R-IA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1142 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1142
To prohibit the Small Business Administration from suspending
collections on Paycheck Protection Program loans and economic injury
disaster loans related to COVID-19.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To prohibit the Small Business Administration from suspending
collections on Paycheck Protection Program loans and economic injury
disaster loans related to COVID-19.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBA Collections Act of 2023''.
SEC. 2. PROHIBITION ON SUSPENDING COLLECTIONS ON SBA LOANS RELATED TO
COVID-19.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Covered loan.--The term ``covered loan'' means--
(A) a loan guaranteed under paragraph (36) or (37)
of section 7(a) of the Small Business Act (15 U.S.C.
636(a)); and
(B) a loan made under section 7(b)(2) of the Small
Business Act (15 U.S.C. 636(b)(2)) related to COVID-19.
(3) Department.--The term ``Department'' means the
Department of the Treasury.
(b) Prohibition of the Administrator.--
(1) In general.--The Administrator may not discharge,
suspend, or end collection action on any claim related to a
covered loan.
(2) Referral.--The Administrator shall refer to the
Department any claim related to a covered loan for which the
Administrator could use the authorities provided in section
3711 of title 31, United States Code, to discharge, suspend, or
end that claim, but for the prohibition under paragraph (1).
(c) Department of Treasury Determination.--The Department shall--
(1) retain the authorities provided in section 3711 of
title 31, United States Code, or any similar provision of law;
and
(2) render a final decision as to discharge, suspend, end,
or make collection on a claim referred to the Department under
subsection (b)(2).
(d) Briefings and Testimony.--
(1) Monthly briefings.--Not later than 30 days after the
date of enactment of this Act, and every 30 days thereafter,
the Administrator shall brief the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives on the progress of the
Administrator in pursuing the collection of claims related to
covered loans and transferring claims to the Department of the
Treasury for collection in accordance with subchapter II of
chapter 37 of title 31, United States Code.
(2) Testimony.--
(A) In general.--The Administrator shall testify
annually before the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives on the
implementation of collections of claims related to
covered loans.
(B) Nondelegation.--The Administrator may not
delegate the responsibility under subparagraph (A) to
any other individual.
<all>
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118S1143 | United States-Israel PTSD Collaborative Research Act | [
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"... | <p><b>United States-Israel PTSD Collaborative Research Act</b></p> <p>This bill establishes a grant program for collaborative efforts between the United States and Israel to advance research on post-traumatic stress disorders.</p> <p>The Department of Defense, in coordination with the Department of Veterans Affairs and the Department of State, shall award grants to eligible academic institutions or nonprofit entities in the United States.</p> <p>Work shall be conducted by the eligible entity and an entity in Israel under a joint research agreement. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1143 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1143
To direct the Secretary of Defense to carry out a grant program to
increase cooperation on post-traumatic stress disorder research between
the United States and Israel.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Moran (for himself, Mr. Padilla, Mr. Cardin, Ms. Rosen, Ms. Hassan,
Ms. Stabenow, Ms. Collins, Mr. Peters, and Mr. Menendez) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to carry out a grant program to
increase cooperation on post-traumatic stress disorder research between
the United States and Israel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel PTSD
Collaborative Research Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Veterans Affairs reports that between
11 and 20 percent of veterans who served in Operation Iraqi
Freedom and Operation Enduring Freedom have post-traumatic
stress disorder (in this subsection referred to as ``PTSD'') in
a given year. In addition, that figure amounts to about 12
percent of Gulf War veterans and up to 30 percent of Vietnam
veterans.
(2) The Department of Veterans Affairs reports that among
women veterans of the conflicts in Iraq and Afghanistan, almost
20 percent have been diagnosed with PTSD.
(3) It is thought that 70 percent of individuals in the
United States have experienced at least one traumatic event in
their lifetime, and approximately 20 percent of those
individuals have struggled or continue to struggle with
symptoms of PTSD.
(4) Studies show that PTSD has links to homelessness and
substance abuse in the United States. The Department of
Veterans Affairs estimates that approximately 11 percent of the
homeless population are veterans and the Substance Abuse and
Mental Health Services Administration estimates that about
seven percent of veterans have a substance abuse disorder.
(5) Our ally Israel, under constant attack from terrorist
groups, experiences similar issues with Israeli veterans facing
symptoms of PTSD. The National Center for Traumatic Stress and
Resilience at Tel Aviv University found that five to eight
percent of combat soldiers experience some form of PTSD, and
during wartime, that figure rises to 15 to 20 percent.
(6) Current treatment options in the United States focus on
cognitive therapy, exposure therapy, or eye movement
desensitization and reprocessing, but the United States must
continue to look for more effective treatments. Several leading
hospitals, academic institutions, and nonprofit organizations
in Israel dedicate research and services to treating PTSD.
SEC. 3. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-TRAUMATIC
STRESS DISORDER RESEARCH BETWEEN UNITED STATES AND
ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense, acting through the Psychological Health and
Traumatic Brain Injury Research Program, should seek to explore
scientific collaboration between academic institutions and nonprofit
research entities in the United States and institutions in Israel with
expertise in researching, diagnosing, and treating post-traumatic
stress disorder.
(b) Grant Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs and the Secretary of
State, shall award grants to eligible entities to carry out
collaborative research between the United States and Israel
with respect to post-traumatic stress disorders.
(2) Agreement.--The Secretary of Defense shall carry out
the grant program under this section in accordance with the
Agreement on the United States-Israel binational science
foundation with exchange of letters, signed at New York
September 27, 1972, and entered into force on September 27,
1972.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be an academic institution or a nonprofit
entity located in the United States.
(d) Award.--The Secretary shall award grants under this section to
eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-
traumatic stress disorders that the Secretary
determines appropriate to research using such grant;
and
(B) is conducted by the eligible entity and an
entity in Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such commitments
and information as the Secretary may require.
(f) Gift Authority.--
(1) In general.--The Secretary may accept, hold, and
administer any gift of money made on the condition that the
gift be used for the purpose of the grant program under this
section.
(2) Deposit.--Gifts of money accepted under paragraph (1)
shall be deposited in the Treasury in the Department of Defense
General Gift Fund and shall be available, subject to
appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on which an
eligible entity completes a research project using a grant under this
section, the Secretary shall submit to Congress a report that
contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this section
shall terminate on the date that is seven years after the date on which
the first such grant is awarded.
<all>
</pre></body></html>
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118S1144 | Invest to Protect Act of 2023 | [
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"sponsor"
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"Sen. Grassley, Chuck [R-IA]",
"cosponsor"
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[
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[
"C... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1144 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1144
To establish a grant program to provide assistance to local law
enforcement agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Cortez Masto (for herself, Mr. Grassley, Mr. Warnock, Mr. Cassidy,
Ms. Collins, Mr. Tester, Mr. Tillis, Mr. Coons, Mr. Young, Ms.
Klobuchar, Mrs. Feinstein, Mr. Cruz, Mr. Durbin, Mr. Kelly, and Mr.
Blumenthal) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a grant program to provide assistance to local law
enforcement 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 ``Invest to Protect Act of 2023''.
SEC. 2. GRANT PROGRAM.
(a) Definitions.--In this Act:
(1) De-escalation training.--The term ``de-escalation
training'' means training relating to taking action or
communicating verbally or non-verbally during a potential force
encounter in an attempt to stabilize the situation and reduce
the immediacy of the threat so that more time, options, and
resources can be called upon to resolve the situation without
the use of force or with a reduction in the force necessary.
(2) Director.--The term ``Director'' means the Director of
the Office.
(3) Eligible local government.--The term ``eligible local
government'' means--
(A) a county, municipality, town, township,
village, parish, borough, or other unit of general
government below the State level that employs fewer
than 200 law enforcement officers; and
(B) a Tribal government that employs fewer than 200
law enforcement officers.
(4) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given the term ``career law
enforcement officer'' in section 1709 of title I the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
(5) Office.--The term ``Office'' means the Office of
Community Oriented Policing Services of the Department of
Justice.
(b) Establishment.--There is established within the Office a grant
program to--
(1) provide training and access to mental health resources
to local law enforcement officers; and
(2) improve the recruitment and retention of local law
enforcement officers.
(c) Authority.--Not later than 120 days after the date of enactment
of this Act, the Director shall award grants to eligible local
governments as a part of the grant program established under subsection
(b).
(d) Applications.--
(1) Barriers.--The Attorney General shall determine what
barriers exist to establishing a streamlined application
process for grants under this section.
(2) Report.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Attorney General
shall submit to Congress a report that includes a plan
to execute a streamlined application process for grants
under this section under which an eligible local
government seeking a grant under this section can
reasonably complete the application in not more than 2
hours.
(B) Contents of plan.--The plan required under
subparagraph (A) may include a plan for--
(i) proactively providing eligible local
governments seeking a grant under this section
with information on the data such eligible
local governments will need to prepare before
beginning the grant application; and
(ii) ensuring technical assistance is
available for eligible local governments
seeking a grant under this section before and
during the grant application process, including
through dedicated liaisons within the Office.
(3) Applications.--In selecting eligible local governments
to receive grants under this section, the Director shall use
the streamlined application process described in paragraph
(2)(A).
(e) Eligible Activities.--An eligible local government that
receives a grant under this section may use amounts from the grant only
for--
(1) de-escalation training for law enforcement officers;
(2) victim-centered training for law enforcement officers
in handling situations of domestic violence;
(3) evidence-based law enforcement safety training,
including training for--
(A) active shooter situations;
(B) the safe handling of illicit drugs and
precursor chemicals;
(C) rescue situations;
(D) high speed or pursuit driving;
(E) recognizing and countering ambush attacks;
(F) contact with individuals with mental health
needs;
(G) contact with individuals with substance use
disorders;
(H) contact with veterans;
(I) contact with individuals with disabilities;
(J) contact with vulnerable youth;
(K) contact with individuals who are victims of
domestic violence, sexual assault, or trafficking; or
(L) contact with individuals experiencing
homelessness or living in poverty;
(4) the offsetting of overtime costs associated with
scheduling issues relating to the participation of a law
enforcement officer in the training described in paragraphs (1)
through (3);
(5) a signing bonus for a law enforcement officer in an
amount determined by the eligible local government;
(6) a retention bonus for a law enforcement officer--
(A) in an amount determined by the eligible local
government that does not exceed 20 percent of the
salary of the law enforcement officer; and
(B) who--
(i) has been employed at the law
enforcement agency for not fewer than 5 years;
and
(ii) has not been found by an internal
investigation to have engaged in serious
misconduct;
(7) a stipend for the graduate education of law enforcement
officers in the area of mental health, public health, or social
work, which shall not exceed the lesser of--
(A) $10,000; or
(B) the amount the law enforcement officer pays
towards such graduate education; and
(8) providing access to patient-centered behavioral health
services for law enforcement officers, which may include
resources for risk assessments, evidence-based, trauma-informed
care to treat post-traumatic stress disorder or acute stress
disorder, peer support and counselor services and family
supports, and the promotion of improved access to high quality
mental health care through telehealth.
(f) Disclosure of Officer Recruitment and Retention Bonuses.--
(1) In general.--Not later than 60 days after the date on
which an eligible local government that receives a grant under
this section awards a signing or retention bonus described in
paragraph (5) or (6) of subsection (e), the eligible local
government shall disclose to the Director and make publicly
available on a website of the eligible local government the
amount of such bonus.
(2) Report.--The Attorney General shall submit to the
appropriate congressional committees an annual report that
includes each signing or retention bonus disclosed under
paragraph (1) during the preceding year.
(g) Grant Accountability.--All grants awarded by the Director under
this section shall be subject to the following accountability
provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in the
final audit report of the Inspector General of the
Department of Justice that the audited grantee has used
grant funds for an unauthorized expenditure or
otherwise unallowable cost that is not closed or
resolved within 12 months from the date when the final
audit report is issued.
(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General of the Department of
Justice shall determine the appropriate number of
grantees to be audited each year.
(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
(D) Priority.--In awarding grants under this
section, the Director shall give priority to eligible
local governments that did not have an unresolved audit
finding during the 3 fiscal years before submitting an
application for a grant under this section.
(E) Reimbursement.--If an eligible local government
is awarded grant funds under this section during the 2-
fiscal-year period during which the eligible local
government is barred from receiving grants under
subparagraph (C), the Attorney General shall--
(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Annual certification.--Beginning in the fiscal year
during which audits commence under paragraph (1)(B), the
Attorney General shall submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and the
Committee on the Judiciary and the Committee on Appropriations
of the House of Representatives an annual certification--
(A) indicating whether--
(i) all audits issued by the Office of the
Inspector General of the Department of Justice
under paragraph (1) have been completed and
reviewed by the appropriate Assistant Attorney
General or Director;
(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
(iii) all reimbursements required under
paragraph (1)(E) have been made; and
(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
(h) Preventing Duplicative Grants.--
(1) In general.--Before the Director awards a grant to an
eligible local government under this section, the Attorney
General shall compare potential grant awards with other grants
awarded by the Attorney General to determine if grant awards
are or have been awarded for a similar purpose.
(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose, the Attorney General
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that includes--
(A) a list of all such grants awarded, including
the total dollar amount of any such grants awarded; and
(B) the reason the Attorney General awarded
multiple grants to the same applicant for a similar
purpose.
(i) Funding.--In carrying out this section, the Director--
(1) shall use amounts otherwise made available to the
Office; and
(2) may use not more than $50,000,000 of such amounts for
each of fiscal years 2024 through 2028.
<all>
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118S1145 | Hawaii Native Species Conservation and Recovery 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. 1145 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1145
To establish a competitive grant program to support the conservation
and recovery of native plant and animal species in the State 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 Environment and
Public Works
_______________________________________________________________________
A BILL
To establish a competitive grant program to support the conservation
and recovery of native plant and animal species in the State 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 Native Species Conservation
and Recovery Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) the State;
(B) a unit of local government in the State;
(C) a Native Hawaiian organization;
(D) a nonprofit organization;
(E) a business; and
(F) an institution of higher education.
(2) Grant program.--The term ``grant program'' means the
Hawaii Native Species Conservation and Recovery Grant Program
established under section 3(a).
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 3 of the NATIVE Act (25 U.S.C. 4352).
(4) Native species.--The term ``native species'' means a
plant or animal species that is native to the State.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(6) State.--The term ``State'' means the State of Hawaii.
SEC. 3. HAWAII NATIVE SPECIES CONSERVATION AND RECOVERY GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date on which
amounts are appropriated to carry out this Act, the Secretary shall
establish a grant program, to be known as the ``Hawaii Native Species
Conservation and Recovery Grant Program'', to annually provide, through
cooperative agreements, grants, micro grants, or other means, funding
to eligible entities to carry out projects that--
(1) achieve the funding priorities developed under
subsection (c); and
(2) meet the criteria developed under subsection (e).
(b) Purpose.--The grant program shall identify priorities and
provide funding and technical assistance to carry out coordinated,
science-based conservation and recovery projects in the State--
(1) to prevent and mitigate the introduction and spread of
invasive species, pests, and diseases that threaten native
species;
(2) to address the ecological consequences of climate
change on native species;
(3) to address loss and degradation of native species'
habitats;
(4) to manage, maintain, and restore populations of native
species;
(5) to increase scientific capacity to support the
planning, monitoring, and research activities necessary for the
conservation and recovery of native species;
(6) to improve information collection, ecological
monitoring, and management relating to the activities described
in paragraphs (1) through (5); and
(7) to engage the public through outreach, education, and
community involvement to increase capacity and support for the
conservation and recovery of native species in the State.
(c) Development of Priorities.--In carrying out the grant program,
the Secretary shall coordinate with the following individuals to
develop annual, science-based funding priorities for the grant program
that support the purposes described in subsection (b):
(1) The heads of Federal agencies, including--
(A) the Administrator of the National Oceanic and
Atmospheric Administration (or a designee);
(B) the Administrator of the Environmental
Protection Agency (or a designee);
(C) the Secretary of Agriculture (or a designee);
and
(D) the head of any other applicable Federal agency
(or a designee), as determined by the Secretary.
(2) The Chairperson of the Hawaii Board of Land and Natural
Resources (or a designee).
(3) The Chairperson of the Hawaii Board of Agriculture (or
a designee).
(4) Any other relevant stakeholder involved in the
conservation and recovery of native species in the State that
the Secretary determines to be appropriate.
(d) Request for Proposals.--The Secretary shall publish in the
Federal Register an annual request for proposals, in accordance with
the funding priorities developed under subsection (c).
(e) Criteria.--The Secretary, in coordination with the individuals
described in subsection (c), shall annually develop criteria for
ranking project proposals to receive funding under the grant program.
(f) Recusal.--If the State or a unit of local government in the
State applies for a grant under the grant program, then the individuals
described in paragraphs (2), (3), and (4) of subsection (c) who are
representatives of the State or that unit of local government, as
applicable, shall recuse themselves from all funding decisions relating
to those applications.
(g) Cost Sharing.--
(1) Federal share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the cost of a project carried out
under the grant program shall not exceed 75 percent.
(B) Exceptions.--The Federal share of the cost of a
project carried out under the grant program may be 100
percent, as determined by the Secretary--
(i) for any project, in the discretion of
the Secretary; or
(ii) if the project--
(I) is carried out by a Native
Hawaiian organization;
(II) significantly contributes to
youth workforce readiness in the
implementation of the project; or
(III) is carried out using a grant
awarded under the grant program in an
amount of not more than $50,000.
(2) In-kind contributions.--The non-Federal share of the
cost of a project carried out under the grant program may be
provided in the form of an in-kind contribution of services,
materials, or access to land.
(h) Requirement.--Of the amounts made available to carry out the
grant program for each fiscal year, not less than 5 percent shall be
used to award grants for projects described in subclauses (I) through
(III) of subsection (g)(1)(B)(ii).
(i) Technical Assistance.--The Secretary may provide technical
assistance to eligible entities to assist in the implementation of
projects that receive funding under the grant program.
(j) Consultation With Native Hawaiian Organizations.--The
Secretary, in carrying out the grant program, shall consult with Native
Hawaiian organizations with respect to any project that receives
funding under the grant program with implications for the Native
Hawaiian Community.
(k) Supplement, Not Supplant.--Funds made available to carry out
the grant program for each fiscal year shall supplement and not
supplant other funds made available to carry out the purposes described
in paragraphs (1) through (7) of subsection (b) in the State.
SEC. 4. ANNUAL REPORT.
Annually, the Secretary shall submit to Congress a report on the
implementation of this Act, including--
(1) a description of each project that has received funding
under the grant program; and
(2) the status of each project described in paragraph (1)
that is in progress on the date of submission of the applicable
report.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $30,000,000 for the first fiscal year
that begins after the date of enactment of this Act and for each of the
9 fiscal years thereafter.
(b) Administrative Expenses.--Of the amounts made available for
each fiscal year under subsection (a), the Secretary shall use not more
than 5 percent for administrative expenses relating to carrying out the
grant program.
<all>
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118S1146 | Find and Protect Foster Youth Act | [
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[
"H001076... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1146 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1146
To amend part E of title IV of the Social Security Act to require the
Secretary of Health and Human Services to identify obstacles to
identifying and responding to reports of children missing from foster
care and other vulnerable foster youth, to provide technical assistance
relating to the removal of such obstacles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Cornyn (for himself, Ms. Stabenow, Mr. Grassley, and Mrs. Capito)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act to require the
Secretary of Health and Human Services to identify obstacles to
identifying and responding to reports of children missing from foster
care and other vulnerable foster youth, to provide technical assistance
relating to the removal of such obstacles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Find and Protect Foster Youth Act''.
SEC. 2. ELIMINATING OBSTACLES TO IDENTIFYING AND RESPONDING TO REPORTS
OF CHILDREN MISSING FROM FOSTER CARE AND OTHER VULNERABLE
FOSTER YOUTH.
Section 476 of the Social Security Act (42 U.S.C. 676) is amended
by adding at the end the following:
``(f) Evaluation of Protocols Relating to Children Missing From
Foster Care and Other Vulnerable Youth; Technical Assistance.--
``(1) In general.--The Secretary shall conduct an
evaluation of the protocols established by States in accordance
with the requirements of section 471(a)(35) and, to the extent
applicable, by Indian tribes or tribal organizations (as
defined in section 479B(a)) or tribal consortia with a plan
approved under section 471 in accordance with section 479B.
``(2) Requirements.--The evaluation shall include the
following:
``(A) A review of relevant aspects of reports
submitted by States, Indian tribes, tribal
organizations, and tribal consortia under this part and
part B, and data and other information reported
pursuant to the system established under section 479.
``(B) Analysis of the extent to which States,
Indian tribes, tribal organizations, and tribal
consortia comply with, and enforce, the protocols
required by section 471(a)(35).
``(C) Analysis of the effectiveness of such
protocols.
``(D) Identification of obstacles for States,
Indian tribes, tribal organizations, and tribal
consortia to identifying and responding to reports of
children missing from foster care and other vulnerable
foster youth.
``(E) Identification of best practices for
identifying such children and youth and intervening
with effective services.
``(3) Technical assistance.--The Secretary shall provide
States, Indian tribes, tribal organizations, and tribal
consortia with information, advice, educational materials, and
technical assistance relating to eliminating identified
obstacles to identifying and responding to reports of children
missing from foster care and other vulnerable foster youth and
providing such children and youth with effective services. Such
assistance may include dissemination of--
``(A) processes and tools to identify and examine
risk factors and potential trends related to children
who go missing from foster care and other vulnerable
youth;
``(B) best practices for runaway tracking and
recovery; and
``(C) guidelines for intervention, including with
respect to services, types of providers, and placement
settings.
``(4) Report.--Not later than 5 years after the date of
enactment of this subsection, the Secretary shall submit a
report to Congress on the results of the evaluation conducted
under this subsection and the technical assistance provided in
accordance with paragraph (3).''.
SEC. 3. IMPROVING SCREENING AND ASSESSMENT OF CHILDREN RETURNED TO
FOSTER CARE AFTER GOING MISSING TO DETERMINE WHETHER THEY
WERE, OR ARE AT RISK OF BECOMING, VICTIMS OF SEX
TRAFFICKING.
Section 476 of the Social Security Act (42 U.S.C. 676), as amended
by section 2, is further amended by adding at the end the following:
``(g) Improving Identification of, and Services for, Children Who
Return to Foster Care After Running Away or Otherwise Being Absent From
Foster Care and Who Are, or Are at Risk of Being, Victims of Sex
Trafficking.--
``(1) Assistance.--
``(A) Screening after a return to foster care.--The
Secretary shall provide States, Indian tribes, tribal
organizations, and tribal consortia, with information,
advice, educational materials, and technical assistance
to improve compliance with section 471(a)(35)(A)(iii).
``(B) Improving other requirements.--The
information, advice, educational materials, and
technical assistance provided may include information,
advice, educational materials, and technical assistance
to improve or modify policies and procedures (including
relevant training for caseworkers) developed by States,
Indian tribes, tribal organizations, and tribal
consortia under section 471(a)(9)(C), including the
following:
``(i) Identifying, through screening,
whether the State has reasonable cause to
believe the child or youth is, or is at risk of
being, a victim of sex trafficking.
``(ii) Documenting the results of such
screening in agency records.
``(iii) Determining appropriate services
for a child or youth for whom the State
determines there is reasonable cause to
identify the child or youth as a victim of sex
trafficking, or as at risk of being a victim of
sex trafficking.
``(iv) Documenting in agency records the
determination of appropriate services for a
child or youth described in clause (iii).
``(2) Forms of assistance.--The assistance provided under
this subsection shall include the following:
``(A) Assisting States, Indian tribes, tribal
organizations, and tribal consortia, with developing
oversight mechanisms to assess their compliance with
section 471(a)(35)(A)(iii).
``(B) Assisting States, Indian tribes, tribal
organizations, and tribal consortia in developing--
``(i) assessments for screening children
who return to foster care after running away or
otherwise being absent from foster care for
risk of becoming victims of sex trafficking;
and
``(ii) effective and robust policies
relating to the use of the assessments.
``(C) Working with States, Indian tribes, tribal
organizations, and tribal consortia to improve or
modify policies and procedures developed under section
471(a)(9)(C).
``(D) Providing technical assistance on how States,
Indian tribes, tribal organizations, and tribal
consortia may best use data collected pursuant to
section 479 for oversight of, and to ensure compliance
with, the requirements of paragraphs (9)(C) and
(35)(A)(iii) of section 471(a).
``(3) Consultation.--The Secretary shall, to the extent
practicable, consult with internal and external offices with
expertise on sex trafficking, including the Office on
Trafficking in Persons of the Administration for Children and
Families, on the development and dissemination to States,
Indian tribes, tribal organizations, and tribal consortia of
the assistance required under this subsection.''.
<all>
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118S1147 | Jenna Quinn Law | [
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] | <p><b>Jenna Quinn Law</b></p> <p>This bill allows the Department of Health and Human Services (HHS) to provide grants for evidence-informed child sexual abuse awareness and prevention programs. The grants may be awarded for a period of up to five years.</p> <p>The bill also requires the Government Accountability Office to report on expenditures under the program.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1147 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1147
To amend the Child Abuse Prevention and Treatment Act to provide for
grants in support of training and education to teachers and other
school employees, students, and the community about how to prevent,
recognize, respond to, and report child sexual abuse among primary and
secondary school students.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Cornyn (for himself, Ms. Hassan, Mr. Braun, and Mr. Lujan)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Child Abuse Prevention and Treatment Act to provide for
grants in support of training and education to teachers and other
school employees, students, and the community about how to prevent,
recognize, respond to, and report child sexual abuse among primary and
secondary school students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jenna Quinn Law''.
SEC. 2. CHILD SEXUAL ABUSE AWARENESS FIELD INITIATED GRANTS.
(a) In General.--Section 105(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(a)) is amended by adding at the end the
following:
``(8) Child sexual abuse awareness field-initiated
grants.--
``(A) In general.--The Secretary may award grants
under this subsection to entities, for periods of up to
5 years, in support of field-initiated innovation
projects that advance, establish, or implement
comprehensive, innovative, evidence-based or evidence-
informed child sexual abuse awareness and prevention
programs by--
``(i) improving student awareness of child
sexual abuse in an age-appropriate manner,
including how to recognize, prevent, and safely
report child sexual abuse;
``(ii) training teachers, school employees,
and other mandatory reporters and adults who
work with children in a professional or
volunteer capacity, including with respect to
recognizing child sexual abuse and safely
reporting child sexual abuse; or
``(iii) providing information to parents
and guardians of students about child sexual
abuse awareness and prevention, including how
to prevent, recognize, respond to, and report
child sexual abuse and how to discuss child
sexual abuse with a child.
``(B) Reporting.--Each entity receiving a grant
under subparagraph (A) shall submit an annual report to
the Secretary, for the duration of the grant period, on
the projects carried out using such grant, including
the number of participants, the services provided, and
the outcomes of the projects, including participant
evaluations.''.
(b) Report on Effectiveness of Expenditures.--Not later than 5
years after the date on which the first grant is awarded under
paragraph (8) of section 105(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(a)), as added by subsection (a), the
Comptroller General of the United States shall--
(1) prepare a report that describes the projects for which
funds are expended under paragraph (8) of such section
105(a)(8) and evaluates the effectiveness of those projects;
and
(2) submit the report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives.
(c) Report on Duplicative Nature of Expenditures.--Not later than 5
years after the date of enactment of this Act, the Comptroller General
of the United States shall--
(1) prepare a report that examines whether the projects
described in subsection (b) are duplicative of other activities
supported by Federal funds; and
(2) submit the report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives.
<all>
</pre></body></html>
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118S1148 | Guardianship Bill of Rights Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1148 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1148
To establish rights for people being considered for and in protective
arrangements, including guardianships and conservatorships, or other
arrangements, to provide decision supports.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Casey (for himself, Mr. Fetterman, Ms. Warren, and Mr. Sanders)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish rights for people being considered for and in protective
arrangements, including guardianships and conservatorships, or other
arrangements, to provide decision supports.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardianship Bill of Rights Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) At least 1,300,000 people in the United States are in
some type of guardianship or other protective arrangement.
(2) A majority of guardianships are plenary and strip
almost all rights from individuals, with the restoration of
rights being very rare.
(3) Guardianship can have grave implications limiting the
liberty of people in such an arrangement.
(4) Overbroad, restrictive, and unnecessary guardianships,
conservatorships, and other protective arrangements can
dramatically curtail the rights of older adults and persons
with disabilities.
(5) A person who is being considered for a protective
arrangement, or is in a protective arrangement, including an
individual in a guardianship or conservatorship, has a set of
fundamental rights including--
(A) a right, prior to the imposition of a
protective arrangement, to exhaust less restrictive
alternative arrangements for supports;
(B)(i) a right to an alternative arrangement, for
anyone who needs decision supports but does not need a
guardianship or conservatorship; and
(ii) a right to a supported decisionmaking
arrangement for anyone who needs decision supports,
whether being considered for or in a protective
arrangement;
(C) a right to an independent, qualified lawyer
who--
(i) speaks solely for the person who is
being considered for a guardianship or other
protective arrangement, or who is in a
protective arrangement;
(ii) is free of a conflict of interest with
the person's family members, and the
corresponding governmental entities, social
service agencies, and courts;
(iii) represents the expressed wishes of
the person who is being considered for or who
is in a protective arrangement;
(iv) is compensated at a reasonable fee
through the use of public funds, if the person
is not able to pay; and
(v) is appointed by the court involved, if
the person does not prefer to have a lawyer of
the person's own choosing;
(D) the right to significant input and full
participation into decisions about their life,
including their health, education, finances,
employment, housing, relationships, parenthood,
politics, religious activities, and social activities,
and other basic decisions affecting their life;
(E) if in a protective arrangement, the right to a
reasonable, timely method and information for
reviewing, modifying, and discontinuing the protective
arrangement;
(F) if in a protective arrangement, the right to,
at a minimum, an annual meaningful review of their
protective arrangement that includes representation by
a lawyer described in subparagraph (C); and
(G) a right to the least restrictive arrangement to
provide support to a covered individual needing
decision supports.
(b) Purpose.--The purpose of this Act is to create a process to
establish a bill of rights for covered individuals who are being
considered for or who are in a guardianship, conservatorship, supported
decisionmaking arrangement, or other alternative arrangement, regarding
the decisions of the individuals to ensure the civil rights of each
such individual are protected and the individual has significant input
into arrangements of the types described in this subsection.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alternative arrangement.--The term ``alternative
arrangement'' means an arrangement with key support personnel
who may include family members, friends, and professionals,
with an approach to meeting the needs of an individual to make
decisions that restricts fewer rights of the individual than
would the appointment of a guardian or conservator.
(2) Assistive technology device.--The term ``assistive
technology device'' has the meaning given the term in section 3
of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
(3) Covered individual.--The term ``covered individual''
means--
(A) an older adult; and
(B) a person with a disability.
(4) Developmental disability.--The term ``developmental
disability'' has the meaning given the term in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002).
(5) Disability.--The term ``disability'' means a disability
as defined in section 3 of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102).
(6) Guardianship.--The term ``guardianship'' means a legal
relationship established by a court if an individual is
determined to lack the ability to meet essential requirements
for physical health, safety, or self-care because the person is
unable to receive and evaluate information, or make or
communicate decisions, about their person or property, even
with appropriate supportive services, assistive technology
devices, supported decisionmaking, or other less restrictive
alternative arrangements.
(7) Indian tribe.--The term ``Indian Tribe'' means an
entity that--
(A) is eligible for funding as an Indian tribe
under subpart 1 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) is--
(i) eligible for funding as an Indian tribe
under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.); or
(ii) eligible for funding through an
American Indian consortium under subtitle C of
title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15041 et seq.).
(8) Limited guardianship.--The term ``limited
guardianship'' means a guardianship in which a court-appointed
fiduciary has the power to make decisions for an individual,
with that power defined by the court and for the duration
determined by the court.
(9) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Older adult.--The term ``older adult'' means an
individual who is 60 years of age or older.
(11) Person with a disability.--The term ``person with a
disability'' means any person who has a disability (including a
sensory disability).
(12) Plenary guardianship.--The term ``plenary
guardianship'' means a guardianship in which a court-appointed
fiduciary has the power to make all decisions allowed by State
law for an individual, often due to a finding that the
individual is incapacitated.
(13) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established in accordance with section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15043).
(14) Protective arrangement.--The term ``protective
arrangement'' means--
(A) an arrangement in which a person, acting under
a limited court order authorizing support for an
individual who the court has determined is in need of
decision supports, has the power, for a duration
specified in the order, to make such decisions for the
individual, without a finding of incapacity or the
appointment of a guardian or conservator; or
(B) a guardianship or conservatorship.
(15) Secretary.--The term ``Secretary'' refers to the
Secretary of Health and Human Services or the designee of that
Secretary.
(16) Standard.--The term ``standard'' means a requirement.
(17) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, American Samoa, and any Indian
Tribe.
(18) Supported decisionmaking arrangement.--The term
``supported decisionmaking arrangement'' means an agreement or
other arrangement, resulting from a series of relationships,
practices, and shorter arrangements, of greater or lesser
formality and intensity, designed to assist an individual in
understanding, making, and communicating the individual's own
decisions in a way that does not impede the individual's self-
determination, including deciding--
(A) who provides the individual with supports for
the decisions;
(B) in which areas of life the individual receives
supports, including decisions about health, services
received, finances, property, living arrangements, and
work; and
(C) with whom to associate through the support of
people, technology, and other decisionmaking aids.
SEC. 4. GUARDIANSHIP AND OTHER PROTECTIVE ARRANGEMENTS AND SUPPORTED
DECISIONMAKING COUNCIL.
(a) Establishment of a Guardianship and Other Protective
Arrangements and Supported Decisionmaking Council.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish in the
Department of Health and Human Services a Guardianship and
Other Protective Arrangements and Supported Decisionmaking
Council (referred to in this Act as ``the Council''). The
Council shall advise the Secretary and the Attorney General on
the development of standards under sections 5 and 6 related to
guardianships, conservatorships, supported decisionmaking
arrangements, and other alternative arrangements.
(2) Membership.--
(A) Background.--The Secretary shall appoint
members to the Council. The Council shall be composed
of 30 members that include--
(i) five covered individuals currently (as
of the date of appointment) using a supported
decisionmaking arrangement;
(ii) four covered individuals currently (as
of the date of appointment) in a protective
arrangement;
(iii) three family members of covered
individuals who are at risk of being in, or are
in, protective arrangements;
(iv) two lawyers, including at least 1 of
whom--
(I) is a lawyer who has served a
protection and advocacy system or legal
services organization;
(II) has experience in
representation of covered individuals
in contesting or limiting
guardianships; and
(III) has experience in supported
decisionmaking arrangements, other
alternative arrangements, and
protective arrangements;
(v) two judges with experience managing
contested and uncontested guardianships;
(vi) two teachers or special education
personnel from an elementary school or
secondary school;
(vii) two behavioral health care
professionals;
(viii) one independent living specialist;
(ix) two other professionals with extensive
knowledge of supported decisionmaking
arrangements;
(x) two representatives of disability-led
organizations, meaning organizations for which
at least 50 percent of the staff have a
disability, or 50 percent of the members of the
governing body have a disability;
(xi) two representatives of organizations
representing older adults;
(xii) one guardian, who shall be a
certified guardian if the State involved
provides for such certifications;
(xiii) one guardianship investigator; and
(xiv) one representative of a State
developmental disability agency, State agency
on aging, or State adult protective services
agency.
(B) Diversity.--Members of the Council shall
represent diverse racial, ethnic, religious, gender,
geographic, socioeconomic, religious, age, and
disability categories.
(C) Period of appointment; vacancies.--
(i) Term.--Members shall be appointed for a
3-year term and may be reappointed for one
additional term.
(ii) Vacancies.--Any vacancy in the Council
shall not affect its powers, but shall be
expeditiously filled by the Secretary.
(D) Chair; vice chair.--At the first meeting of the
Council, the Council shall select a Chair and Vice
Chair from among its members. The Council shall select
a member with the characteristics described in clause
(i) or (ii) of subparagraph (A) to fill at least one of
those positions.
(3) Duties of the council.--The Council shall advise the
Secretary and the Attorney General on the development of
standards under sections 5 and 6.
(4) Council reports.--
(A) Initial report.--The Council shall prepare a
report in which it makes its initial recommendations on
the standards described in paragraph (3), not later
than 2 years after the date of its establishment.
(B) Subsequent reports.--For the 10-year period
beginning on that date of establishment, not later than
4 years after that date and not later than every 2
years thereafter, the Council will review the standards
described in paragraph (3) and prepare a report in
which it makes its subsequent recommendations on the
standards.
(C) Submission.--The Council shall submit the
reports described in this paragraph to--
(i) the Secretary;
(ii) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(iii) the Special Committee on Aging of the
Senate;
(iv) the Committee on Education and the
Workforce of the House of Representatives; and
(v) the Committee on Energy and Commerce
of the House of Representatives.
(5) Personnel matters.--
(A) No additional compensation.--Members of the
Council who are officers or employees of the United
States shall serve without compensation in addition to
that received for their services as officers or
employees of the United States. Other members of the
Council shall serve without compensation for the
performance of services for the Council.
Notwithstanding section 1342 of title 31, United States
Code, the Secretary may accept the voluntary and
uncompensated services of members of the Council.
(B) Travel expenses.--The members of the Council
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies in 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) Detail of government employees.--Any 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.
(6) Termination.--The Council shall terminate 10 years
after the date of the establishment of the Council.
SEC. 5. ENSURING THE CIVIL RIGHTS OF INDIVIDUALS IN GUARDIANSHIPS,
CONSERVATORSHIPS, AND OTHER PROTECTIVE ARRANGEMENTS.
(a) Inherent Civil Rights To Protect During the Processes for
Guardianship, Conservatorship, and Other Protective Arrangements.--The
Attorney General and the Assistant Attorney General for Civil Rights of
the Department of Justice, with significant input from the Council and
a stakeholder group process, shall establish standards for the inherent
civil rights of a covered individual in a guardianship, a
conservatorship, or another protective arrangement, including standards
related to--
(1) which inherent civil rights cannot be restricted, which
can be restricted but not delegated, and which can be
restricted but only with further due process protections;
(2) due process protections for the inherent civil rights;
(3) the fundamental rights described in section 2(a)(5);
(4) rights related to--
(A) voting access and decisionmaking;
(B) decisionmaking concerning marriage and other
relationships, including romantic, friendship, and
family relationships;
(C) reproductive decisionmaking;
(D) financial decisionmaking on matters that do not
jeopardize long-term security;
(E) educational decisionmaking;
(F) health and medical decisionmaking, including
the right to private communication between an
individual and the individual's health care provider;
(G) decisionmaking for religious observation and
activities;
(H) decisionmaking concerning a place of residency;
(I) decisionmaking for visitation and association;
(J) decisionmaking for travel;
(K) communication; and
(L) decisionmaking for daily decisions; and
(5) maintenance of a covered individual's inherent civil
rights in their decisionmaking; and
(b) Availability of Standards.--The Attorney General shall make the
standards described in subsection (a) available and accessible to
covered individuals, family members and guardians of covered
individuals, judges and court personnel, school personnel, especially
special education teachers and administrators, minority language
communities, and additional appropriate entities and individuals.
(c) Reduction in Byrne Grants.--
(1) Definitions.--In this subsection--
(A) the term ``Byrne grant'' means a grant under
the Edward Byrne Memorial Justice Assistance Grant
Program established under subpart 1 of part E of title
I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.);
(B) the term ``State'' does not include an Indian
Tribe;
(C) the term ``State or Indian Tribe violates the
standards to protect inherent civil rights'' means a
State or Indian Tribe failed to protect the inherent
civil rights of 1 or more covered individuals residing
in the State or the area under the jurisdiction of the
Indian Tribe, respectively, who is in a guardianship, a
conservatorship, or another protective arrangement, in
accordance with the standards established under
subsection (a).
(2) Establishing amount of reductions.--The Attorney
General and the Assistant Attorney General for Civil Rights,
with significant consultation with the Council, shall establish
reductions in the amount of the Byrne grants that will be made
available to a State or Indian Tribe if the State or Indian
Tribe violates the standards to protect inherent civil rights.
(3) Review and reduction of grants.--The Attorney General--
(A) shall accept allegations that a State or Indian
Tribe violated the standards to protect inherent civil
rights;
(B) may, based on an allegation described in
subparagraph (A), or on the Attorney General's own
initiative, review and determine whether a State or
Indian Tribe violated the standards to protect inherent
civil rights; and
(C) if the Attorney General determines a State or
Indian Tribe violated the standards to protect inherent
civil rights, may reduce the amount of Byrne grants to
the State or Indian Tribe, respectively, in accordance
with the reductions established under paragraph (2).
(d) Relation to Other Law.--A State that seeks funding under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.) shall include, in the
application submitted under section 502 of that Act (34 U.S.C. 10153),
an assurance that the State is implementing and enforcing the standards
issued under this section and section 6(c).
SEC. 6. STANDARDS FOR GUARDIANSHIPS, CONSERVATORSHIPS, AND ALTERNATIVE
ARRANGEMENTS.
(a) Standards for Establishing, Reviewing, Modifying, and
Discontinuing Guardianships, Conservatorships, or Other Protective
Arrangements.--The Secretary, through the Administrator of the
Administration for Community Living, with significant input from the
Council, shall develop standards for establishing, reviewing,
modifying, and discontinuing any protective arrangement for a covered
individual, including guardianships and conservatorships, including
standards for each of the following:
(1) Establishing protective arrangements.
(2) Establishing frequencies, of not more than 1 year, for
regular review of protective arrangements by the court of
jurisdiction.
(3) Guaranteed procedures for modification or
discontinuation of protective arrangements.
(4) Guaranteed representation by an independent, qualified,
and compensated lawyer described in section 2(a)(5)(C) for the
covered individual being considered for a protective
arrangement or in a protective arrangement.
(5) Access to due process while the individual is being
considered for a protective arrangement and while in a
protective arrangement.
(6) Options for full restoration of rights for a covered
individual in a protective arrangement.
(7) Ordering limited protective arrangements when less
restrictive arrangements, such as supported decisionmaking
arrangements, are not appropriate.
(8)(A) Collecting detailed data at the national and State
levels on the use of guardianships and other protective
arrangements, supported decisionmaking arrangements, and other
alternative arrangements.
(B) Reporting that data, taken as a whole and disaggregated
by gender identity, race, ethnicity, sexual orientation, income
level, living situation, age, disability type, and reason for
guardianship or other protective arrangement.
(b) Standards for Establishing Supported Decisionmaking and Other
Alternative Arrangements.--The Secretary, through the Administrator of
the Administration for Community Living, with significant input from
the Council, shall develop system standards and other standards for
establishing supported decisionmaking arrangements and other
alternative arrangements as the default decision support options for
covered individuals to avert the use of guardianship or a more
restrictive protective arrangement, including--
(1) system standards that promote supported decisionmaking
arrangements and other alternative arrangements for
decisionmaking arrangements, including decisionmaking
arrangements within local educational agencies, health care
systems, disability and aging services systems, financial
institutions, and court systems;
(2) standards for the areas (such as education, finance,
and health) in which a covered individual requires
decisionmaking supports;
(3) standards for how a covered individual using a
supported decisionmaking arrangement will select the persons to
serve on the supported decisionmaking team;
(4) standards for additional supports, such as assistive
technology devices, required to ensure maximum participation by
covered individuals in their decisionmaking; and
(5) standards for interrupting the processes that lead to
guardianship or conservatorship through retraining key
decisionmakers, such as court personnel and administrators, to
recognize overbroad petitions for guardianships or
conservatorships.
(c) Standards for Transitioning From Guardianships to Alternative
Arrangements.--The Attorney General, in coordination with the
Secretary, and with significant input from the Council and a
stakeholder group process, shall--
(1) establish standards, for transitioning covered
individuals from guardianship or conservatorship arrangements
into supported decisionmaking arrangements or other alternative
arrangements, that restore the rights of individuals in
appropriate circumstances; and
(2) establish standards that--
(A) require a periodic review of guardianships and
conservatorships, to transition covered individuals in
either type of arrangement to a supported
decisionmaking arrangement or another alternative
arrangement;
(B) provide for such a review at least once a year
for such covered individuals; and
(C) require that a review of a guardianship or
conservatorship occurs if such a covered individual
requests that review.
(d) Minimum Standards for Establishment and Review of Protective
Arrangements.--The Secretary, with significant input from the Council,
shall--
(1) establish standards for establishing guardianships or
other protective arrangements, including in the case of a
plenary guardianship, standards for health, medical, and
financial well-being reviews by the corresponding members
serving on a guardianship review panel before the guardianship
is established and during reviews described in paragraph (4);
(2) create standards for individuals eligible to serve on
such a review panel, which shall include lawyers, and
advocates, with experience protecting the civil rights
described in section 5(a), other professionals with experience
in protective arrangements (such as doctors, psychologists, and
certified financial planners), and covered individuals;
(3) establish standards requiring background checks of
individuals seeking to serve on guardianship review panels; and
(4) establish standards for reviews of protective
arrangements described in section 2(a)(5)(F).
(e) Availability and Accessibility.--The Secretary shall make the
standards described in this section, and information on the standards,
available and accessible to covered individuals, family members and
guardians of covered individuals, judges and court personnel, school
personnel, minority language communities, and additional appropriate
entities and individuals.
(f) Relation to Other Law.--A State that seeks funding under--
(1) title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.) shall include, in the State plan submitted under
section 101 of that Act (29 U.S.C. 721) or the application
submitted under section 121 of that Act (29 U.S.C. 741), as the
case may be, an assurance that the State is implementing and
enforcing the standards described in this section and issued by
the Secretary, other than subsection (c); and
(2) subtitle B or C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15021 et
seq., 15041 et seq.) shall include, in the State plan submitted
under section 124 of that Act (42 U.S.C. 15024) or the
materials demonstrating eligibility under section 143 of that
Act (42 U.S.C. 15043), as the case may be, the assurance
described in paragraph (1).
SEC. 7. PROTECTION AND ADVOCACY PROGRAM FOR OVERSIGHT OF PROTECTIVE
ARRANGEMENTS.
Title I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at
the end the following:
``Subtitle F--Protective Arrangements Oversight
``SEC. 171. PROTECTION AND ADVOCACY PROGRAM FOR OVERSIGHT OF PROTECTIVE
ARRANGEMENTS.
``(a) Definitions.--In this section:
``(1) American indian consortium; state.--The terms
`American Indian Consortium' and `State' have the meanings
given the terms in section 102.
``(2) Guardianship bill of rights definitions.--Except as
provided in paragraphs (1) and (3), the terms used in this
section have the meanings given the terms in section 3 of the
Guardianship Bill of Rights Act.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means--
``(A) a protection and advocacy system established
in accordance with section 143; and
``(B) an American Indian Consortium that provides
protection and advocacy services under section 142.
``(b) Establishment.--The Secretary, acting through the
Administrator for the Administration for Community Living, shall
establish a Protection and Advocacy Program, for oversight and
monitoring of State and local guardianships, conservatorships, and
other protective arrangements.
``(c) Grants.--The Secretary shall make a grant to each protection
and advocacy system to establish or expand a Protection and Advocacy
Program for Oversight of Protective Arrangements.
``(d) Authority.--In order for a protection and advocacy system for
a State or serving an American Indian tribe to receive a grant under
this section--
``(1) the State or tribe shall have in effect a protective
arrangement oversight system to protect and advocate for the
rights of covered individuals concerning protective
arrangements; and
``(2) the protective arrangement oversight system shall
have the authority to--
``(A) pursue legal, administrative, and other
appropriate remedies or approaches to ensure the
protection of, and advocacy for, the rights of covered
individuals within the State or American Indian tribe
who are being considered for or in a protective
arrangement;
``(B) provide legal representation to covered
individuals who--
``(i) are facing a proceeding to establish
a protective arrangement; or
``(ii) who desire to modify or discontinue
a protective arrangement;
``(C) provide information, referrals, training, and
legal representation to enable a covered individual to
establish or defend a supported decisionmaking
arrangement or another alternative arrangement,
including providing such services in plain language,
American Sign Language, and other minority languages;
and
``(D) investigate incidents of abuse of
guardianships and other protective arrangements.
``(e) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section for a protective arrangement oversight system
shall carry out the activities described in subsection (d) or
(f).
``(2) Limitation.--The protective arrangement oversight
system may not use the grant funds to provide legal
representation, or other services, to persons seeking to
establish or maintain (with or without modification) a
guardianship or conservatorship.
``(f) Reports.--Each entity that receives a grant under this
section for a protective arrangement oversight system shall prepare and
submit to the Secretary, in accordance with such requirements as the
Secretary may specify, information on activities carried out through
the corresponding program described in subsection (c).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2024
and each succeeding fiscal year.''.
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118S1149 | Recovering America’s Wildlife Act of 2023 | [
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[
"C000174"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1149 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1149
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Heinrich (for himself and Mr. Tillis) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Pittman-Robertson Wildlife Restoration Act to make
supplemental funds available for management of fish and wildlife
species of greatest conservation need as determined by State fish and
wildlife 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 ``Recovering America's Wildlife Act of
2023''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to extend financial and technical
assistance to States, territories, the District of Columbia, and Indian
Tribes, including under the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), for the purpose of avoiding the need to list
species, or recovering species currently listed as a threatened species
or an endangered species, under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or under State law.
SEC. 3. SENSE OF CONGRESS RELATING TO OFFSETS.
It is the sense of Congress that the costs of carrying out this
Act, and the amendments made by this Act, shall be offset.
TITLE I--WILDLIFE CONSERVATION AND RESTORATION
SEC. 101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
(a) In General.--Section 3 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b) is amended in subsection (c)--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(9) and (10); and
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment of subaccount.--
``(A) In general.--There is established in the fund
a subaccount to be known as the `Wildlife Conservation
and Restoration Subaccount' (referred to in this
section as the `Subaccount').
``(B) Availability.--Amounts in the Subaccount
shall be available without further appropriation, for
each fiscal year, for apportionment in accordance with
this Act.
``(C) Deposits into subaccount.--The Secretary of
the Treasury shall transfer from the general fund of
the Treasury to the Subaccount--
``(i) for fiscal year 2024, $850,000,000;
``(ii) for fiscal year 2025,
$1,100,000,000;
``(iii) for fiscal year 2026,
$1,200,000,000; and
``(iv) for fiscal year 2027, and each
fiscal year thereafter, $1,300,000,000.
``(2) Supplement not supplant.--Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from--
``(A) the funds distributed pursuant to the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777 et seq.); and
``(B) the fund.
``(3) Innovation grants.--
``(A) In general.--The Secretary shall distribute
10 percent of funds apportioned from the Subaccount
through a competitive grant program to State fish and
wildlife departments, the District of Columbia fish and
wildlife department, fish and wildlife departments of
territories, or to regional associations of fish and
wildlife departments (or any group composed of more
than 1 such entity).
``(B) Purpose.--Such grants shall be provided for
the purpose of catalyzing innovation of techniques,
tools, strategies, or collaborative partnerships that
accelerate, expand, or replicate effective and
measurable recovery efforts for species of greatest
conservation need and species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
and the habitats of such species.
``(C) Review committee.--The Secretary shall
appoint a review committee comprised of--
``(i) a State Director from each regional
association of State fish and wildlife
departments;
``(ii) the head of a department responsible
for fish and wildlife management in a
territory;
``(iii) one delegate from the United States
Fish and Wildlife Service, for the purpose of
providing technical assistance; and
``(iv) beginning in fiscal year 2024, four
individuals representing four different
nonprofit organizations each of which is
actively participating in carrying out wildlife
conservation restoration activities using funds
apportioned from the Subaccount.
``(D) Support from united states fish and wildlife
service.--Using not more than 3 percent of the amounts
apportioned under subparagraph (A) to carry out a
competitive grant program, the United States Fish and
Wildlife Service shall provide any personnel or
administrative support services necessary for such
committee to carry out its responsibilities under this
Act.
``(E) Evaluation.--Such committee shall evaluate
each proposal submitted under this paragraph and
recommend projects for funding, giving preference to
solutions that accelerate the recovery of species
identified as priorities through regional scientific
assessments of species of greatest conservation need.
``(4) Use of funds.--Funds apportioned from the Subaccount
shall be used for purposes consistent with section 2 of the
Recovering America's Wildlife Act of 2023 and--
``(A) shall be used to implement the Wildlife
Conservation Strategy of a State, territory, or the
District of Columbia, as required under section 4(e),
by carrying out, revising, or enhancing existing
wildlife and habitat conservation and restoration
programs and developing and implementing new wildlife
conservation and restoration programs to recover and
manage species of greatest conservation need and the
key habitats and plant community types essential to the
conservation of those species, as determined by the
appropriate State fish and wildlife department;
``(B) shall be used to develop, revise, and enhance
the Wildlife Conservation Strategy of a State,
territory, or the District of Columbia, as may be
required by this Act;
``(C) shall be used to assist in the recovery of
species found in the State, territory, or the District
of Columbia that are listed as endangered species,
threatened species, candidate species or species
proposed for listing, or species petitioned for listing
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or under State law;
``(D) may be used for wildlife conservation
education and wildlife-associated recreation projects,
especially in historically underserved communities;
``(E) may be used to manage a species of greatest
conservation need whose range is shared with another
State, territory, Indian Tribe, or foreign government
and for the conservation of the habitat of such
species;
``(F) may be used to manage, control, and prevent
invasive species, disease, and other risks to species
of greatest conservation need; and
``(G) may be used for law enforcement activities
that are directly related to the protection and
conservation of a species of greatest conservation need
and the habitat of such species.
``(5) Minimum required spending for endangered species
recovery.--Not less than an average of 15 percent over a 5-year
period of amounts apportioned to a State, territory, or the
District of Columbia from the Subaccount shall be used for
purposes described in paragraph (4)(C). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of all
species described in paragraph (4)(C).
``(6) Public access to private lands not required.--Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
``(7) Requirements for matching funds.--
``(A) For the purposes of the non-Federal fund
matching requirement for a wildlife conservation or
restoration program or project funded by the
Subaccount, a State, territory, or the District of
Columbia may use as matching non-Federal funds--
``(i) funds from Federal agencies other
than the Department of the Interior and the
Department of Agriculture;
``(ii) donated private lands and waters,
including privately owned easements;
``(iii) in circumstances described in
subparagraph (B), revenue generated through the
sale of State hunting and fishing licenses; and
``(iv) other sources consistent with part
80 of title 50, Code of Federal Regulations, in
effect on the date of enactment of the
Recovering America's Wildlife Act of 2023.
``(B) Revenue described in subparagraph (A)(iii)
may only be used to fulfill the requirements of such
non-Federal fund matching requirement if--
``(i) no Federal funds apportioned to the
State fish and wildlife department of such
State from the Wildlife Restoration Program or
the Sport Fish Restoration Program have been
reverted because of a failure to fulfill such
non-Federal fund matching requirement by such
State during the previous 2 years; and
``(ii) the project or program being funded
benefits the habitat of a hunted or fished
species and a species of greatest conservation
need.
``(8) Definitions.--In this subsection, the following
definitions apply:
``(A) Partnerships.--The term `partnerships' may
include collaborative efforts with Federal agencies,
State agencies, local agencies, Indian Tribes,
nonprofit organizations, academic institutions,
industry groups, and private individuals to implement a
State's Wildlife Conservation Strategy.
``(B) Species of greatest conservation need.--The
term `species of greatest conservation need' may be
fauna or flora, and may include terrestrial, aquatic,
marine, and invertebrate species that are of low
population, declining, rare, or facing threats and in
need of conservation attention, as determined by each
State fish and wildlife department, with respect to
funds apportioned to such State.
``(C) Territory and territories.--The terms
`territory' and `territories' mean the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the United States
Virgin Islands.
``(D) Wildlife.--The term `wildlife' means any
species of wild, freeranging fauna, including fish, and
also fauna in captive breeding programs the object of
which is to reintroduce individuals of a depleted
indigenous species into previously occupied range.''.
(b) Allocation and Apportionment of Available Amounts.--Section 4
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the District of Columbia and to the
Commonwealth of Puerto Rico, each'' and
inserting ``To the District of Columbia'';
(ii) in subparagraph (B)--
(I) by striking ``to Guam'' and
inserting ``To Guam''; and
(II) by striking ``not more than
one-fourth of one percent'' and
inserting ``not less than one-third of
one percent''; and
(iii) by adding at the end the following:
``(C) To the Commonwealth of Puerto Rico, a sum
equal to not less than 1 percent thereof.'';
(B) in paragraph (2)(A)--
(i) by amending clause (i) to read as
follows:
``(i) one-half of which is based on the ratio to
which the land and water area of such State bears to
the total land and water area of all such States;'';
(ii) in clause (ii)--
(I) by striking ``two-thirds'' and
inserting ``one-quarter''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) one-quarter of which is based upon the
ratio to which the number of species listed as
endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) in such State
bears to the total number of such species listed in all
such States.'';
(C) by amending paragraph (2)(B) to read as
follows:
``(B) The amounts apportioned under this paragraph
shall be adjusted equitably so that no such State,
unless otherwise designated, shall be apportioned a sum
which is less than 1 percent or more than 5 percent of
the amount available for apportionment under--
``(i) subparagraph (A)(i);
``(ii) subparagraph (A)(ii); and
``(iii) the overall amount available for
subparagraph (A).''; and
(D) in paragraph (3), by striking ``3 percent'' and
inserting ``1.85 percent'';
(2) in subsection (e)(4)--
(A) by amending subparagraph (B) to read as
follows:
``(B) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or the
District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.'';
and
(B) by inserting after subparagraph (B), as so
amended, the following:
``(C) 5 percent of amounts apportioned to each State, each
territory, or the District of Columbia under this section for a
wildlife conservation and restoration program shall be reserved
for States and territories that include plants among their
species of greatest conservation need and in the conservation
planning and habitat prioritization efforts of their Wildlife
Conservation Strategy. Each eligible State, territory, or the
District of Columbia shall receive an additional 5 percent of
their apportioned amount. Any unallocated resources shall be
allocated proportionally among all States and territories under
the formulas of this section.''; and
(3) by adding at the end following:
``(f) Minimization of Planning and Reporting.--Nothing in this Act
shall be interpreted to require a State to create a comprehensive
strategy related to conservation education or outdoor recreation.
``(g) Accountability.--
``(1) In general.--Not more than one year after the date of
enactment of the Recovering America's Wildlife Act of 2023 and
every 3 years thereafter, each State fish and wildlife
department shall submit a 3-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under subsection (e) during the previous 3 years to the United
States Fish and Wildlife Service for review, which shall
summarize such findings and submit a report to--
``(A) the Committee on Environment and Public Works
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(2) Requirements.--The format of the 3-year work plans,
budgets, and reports required under paragraph (1) shall be
established by the United States Fish and Wildlife Service, in
consultation with the Association of Fish and Wildlife
Agencies.
``(3) GAO study.--Not later than 7 years after the date of
enactment of the Recovering America's Wildlife Act of 2023, the
Comptroller General of the United States shall conduct a study
to examine the progress of States, territories, the District of
Columbia, and Indian Tribes towards achieving the purpose
described in section 2 of that Act.''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) in paragraph (7), by striking ``including fish,''; and
(2) in paragraph (9), by inserting ``Indian Tribes,
academic institutions,'' before ``wildlife conservation
organizations''.
(b) Conforming Amendments.--The Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) by striking ``(1) An amount equal to''
and inserting ``An amount equal to''; and
(ii) by striking paragraph (2);
(B) in subsection (c)--
(i) in paragraph (9), as redesignated by
section 101(a)(1), by striking ``or an Indian
tribe''; and
(ii) in paragraph (10), as redesignated by
section 101(a)(1), by striking ``Wildlife
Conservation and Restoration Account'' and
inserting ``Subaccount''; and
(C) in subsection (d), by striking ``Wildlife
Conservation and Restoration Account'' and inserting
``Subaccount'';
(2) in section 4 (16 U.S.C. 669c)--
(A) in subsection (d)--
(i) in the heading, by striking ``Account''
and inserting ``Subaccount''; and
(ii) by striking ``Account'' each place it
appears and inserting ``Subaccount''; and
(B) in subsection (e)(1), by striking ``Account''
and inserting ``Subaccount''; and
(3) in section 8 (16 U.S.C. 669g), in subsection (a), by
striking ``Account'' and inserting ``Subaccount''.
SEC. 103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et
seq.) is amended--
(1) by redesignating section 14 as section 16; and
(2) by inserting after section 13 the following:
``SEC. 14. SAVINGS CLAUSE.
``Nothing in this Act shall be construed to enlarge or diminish the
authority, jurisdiction, or responsibility of a State to manage,
control, or regulate fish and wildlife under the law and regulations of
the State on lands and waters within the State, including on Federal
lands and waters.
``SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
``If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) or the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), then the provision in the Alaska National
Interest Lands Conservation Act or the Alaska Native Claims Settlement
Act shall prevail.''.
TITLE II--TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 201. INDIAN TRIBES.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the Tribal
Wildlife Conservation and Restoration Account established by
subsection (b)(1).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal species of greatest conservation need.--The term
``Tribal species of greatest conservation need'' means any
species identified by an Indian Tribe as requiring conservation
management because of declining population, habitat loss, or
other threats, or because of their biological or cultural
importance to such Tribe.
(5) Wildlife.--The term ``wildlife'' means--
(A) any species of wild flora or fauna including
fish and marine mammals;
(B) flora or fauna in a captive breeding,
rehabilitation, and holding or quarantine program, the
object of which is to reintroduce individuals of a
depleted indigenous species into previously occupied
range or to maintain a species for conservation
purposes; and
(C) does not include game farm animals.
(b) Tribal Wildlife Conservation and Restoration Account.--
(1) In general.--There is established in the Treasury an
account to be known as the ``Tribal Wildlife Conservation and
Restoration Account''.
(2) Availability.--Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
(3) Deposits into account.--Beginning in fiscal year 2024,
and for each fiscal year thereafter, the Secretary of the
Treasury shall transfer $97,500,000 from the general fund of
the Treasury to the Account.
(c) Distribution of Funds to Indian Tribes.--Each fiscal year, the
Secretary of the Treasury shall deposit funds into the Account and
distribute such funds through a noncompetitive application process
according to guidelines and criteria, and reporting requirements
determined by the Secretary of the Interior, acting through the
Director of the Bureau of Indian Affairs, in consultation with Indian
Tribes. Such funds shall remain available until expended.
(d) Wildlife Management Responsibilities.--The distribution
guidelines and criteria described in subsection (c) shall be based, in
part, upon an Indian Tribe's wildlife management responsibilities. Any
funding allocated to an Indian Tribe in Alaska may only be used in a
manner consistent with the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.), and Public Law 85-508 (commonly known as
the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21). Alaska Native
Corporations or Tribes may enter into cooperative agreements with the
State of Alaska on conservation projects of mutual concern.
(e) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
(A) To develop, carry out, revise, or enhance
wildlife conservation and restoration programs to
manage Tribal species of greatest conservation need and
the habitats of such species, as determined by the
Indian Tribe.
(B) To assist in the recovery of species listed as
an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(C) For wildlife conservation education and
wildlife-associated recreation projects.
(D) To manage a Tribal species of greatest
conservation need and the habitat of such species, the
range of which may be shared with a foreign country,
State, or other Indian Tribe.
(E) To manage, control, and prevent invasive
species as well as diseases and other risks to
wildlife.
(F) For law enforcement activities that are
directly related to the protection and conservation of
wildlife.
(G) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such
Tribe.
(H) For the hiring and training of wildlife
conservation and restoration program staff.
(2) Conditions on the use of funds.--
(A) Required use of funds.--In order to be eligible
to receive funds under subsection (c), a Tribe's
application must include a proposal to use funds for at
least one of the purposes described in subparagraphs
(A) and (B) of paragraph (1).
(B) Imperiled species recovery.--In distributing
funds under this section, the Secretary shall
distribute not less than 15 percent of the total funds
distributed to proposals to fund the recovery of a
species, subspecies, or distinct population segment
listed as a threatened species, endangered species, or
candidate species under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) or Tribal law.
(C) Limitation.--In distributing funds under this
section, the Secretary shall distribute not more than
15 percent of all funds distributed under this section
for the purpose described in paragraph (1)(C).
(f) No Matching Funds Required.--No Indian Tribe shall be required
to provide matching funds to be eligible to receive funds under this
section.
(g) Public Access Not Required.--Funds apportioned from the Tribal
Wildlife Conservation and Restoration Account shall not be conditioned
upon the provision of public or non-Tribal access to Tribal or private
lands, waters, or holdings.
(h) Administrative Costs.--Of the funds deposited under subsection
(b)(3) for each fiscal year, not more than 3 percent shall be used by
the Secretary for administrative costs.
(i) Savings Clause.--Nothing in this section shall be construed as
modifying or abrogating a treaty with any Indian Tribe, or as enlarging
or diminishing the authority, jurisdiction, or responsibility of an
Indian Tribe to manage, control, or regulate wildlife.
(j) Statutory Construction With Respect to Alaska.--If any conflict
arises between any provision of this section and any provision of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.) or the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), then the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act shall
prevail.
TITLE III--ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY
FUND
SEC. 301. ENDANGERED SPECIES RECOVERY AND HABITAT CONSERVATION LEGACY
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Endangered Species Recovery
and Habitat Conservation Legacy Fund'' (referred to in this section as
the ``Fund'').
(b) Funding.--For each of fiscal years 2024 through 2027, the
Secretary of the Treasury shall transfer from the general fund of the
Treasury to the Fund $187,500,000.
(c) Availability of Funds.--Amounts in the Fund shall be available
to the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service (referred to in this section as
the ``Secretary''), as provided in subsection (e), without further
appropriation or fiscal year limitation.
(d) Investment of Amounts.--
(1) In general.--The Secretary may request the Secretary of
the Treasury to invest any portion of the Fund that is not, as
determined by the Secretary, required to meet the current needs
of the Fund.
(2) Requirement.--An investment requested under paragraph
(1) shall be made by the Secretary of the Treasury in a public
debt security--
(A) with a maturity suitable to the needs of the
Fund, as determined by the Secretary; and
(B) bearing interest at a rate determined by the
Secretary of the Treasury, taking into consideration
current market yields on outstanding marketable
obligations of the United States of comparable
maturity.
(3) Credits to fund.--The income on investments of the Fund
under this subsection shall be credited to, and form a part of,
the Fund.
(e) Use of Funds.--Amounts in the Fund shall be used for recovering
the species managed under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), in addition to amounts otherwise available for such
purposes, as follows:
(1) Endangered species recovery grant program.--$75,000,000
for each of fiscal years 2024 through 2027, to remain available
until expended, shall be used to establish and implement a
grant and technical assistance program, to be known as the
``Endangered Species Recovery Grant Program'', to provide
competitive matching grants for the purpose of recovering
species listed as a threatened species or an endangered species
under section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) by addressing the backlog in the development of
recovery plans, and implementing the backlog of activities
identified in existing recovery plans, under subsection (f) of
that section (16 U.S.C. 1533(f)). The Secretary shall enter
into an agreement with the National Fish and Wildlife
Foundation to establish and cooperatively manage the Endangered
Species Recovery Grant Program in accordance with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.).
(2) Interagency consultation responsibilities.--$75,000,000
for each of fiscal years 2024 through 2027, to remain available
until expended, shall be used for the United States Fish and
Wildlife Service to address interagency consultation
responsibilities under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536).
(3) Conservation activities.--$28,125,000 for each of
fiscal years 2024 through 2027, to remain available until
expended, shall be used for the United States Fish and Wildlife
Service to work with non-Federal entities, including through,
but not limited to, the Partners for Fish and Wildlife Program,
the Coastal Program, and the North American Wetlands
Conservation Act (16 U.S.C. 4401 et seq.)--
(A) to conserve at risk species, species that are
candidates or proposed for listing, and species that
are listed as threatened or endangered species under
section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533), including through rescue and
rehabilitation efforts; and
(B) to conserve wildlife habitat.
(4) Voluntary conservation agreements.--$9,375,000 for each
of fiscal years 2024 through 2027, to remain available until
expended, shall be used for the United States Fish and Wildlife
Service to address the development and permitting of voluntary
conservation agreements under section 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1539).
(f) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal amounts
made available to carry out activities described in this section in an
annual appropriations Act of Congress.
(g) Submission of Species Lists to Congress.--
(1) Priority list of species.--Not later than 90 days after
the date of enactment of this Act, the Secretary, shall submit
to the Committees on Environment and Public Works and
Appropriations of the Senate and the Committees on Natural
Resources and Appropriations of the House of Representatives a
list of threatened species and endangered species for which
recovery plans described in subsection (e)(1) will be developed
or implemented for fiscal year 2024.
(2) Annual list of species.--Until the date on which all of
the amounts in the Fund are expended, the President shall
annually submit to Congress, together with the annual budget of
the United States, a list of threatened species and endangered
species for which recovery plans described in subsection (e)(1)
will be developed or implemented with amounts from the Fund.
(h) Public Donations.--
(1) In general.--The Secretary may accept public cash
donations that advance efforts--
(A) to address the backlog in the development and
implementation of recovery plans; and
(B) to encourage relevant public-private
partnerships.
(2) Credits to fund.--Any cash donations accepted under
paragraph (1) shall be credited to, and form a part of, the
Fund.
(3) Rejection of donations.--The Secretary may reject a
donation under this section when the rejection is in the
interest of the Federal Government, as determined by the
Secretary.
(i) Allocation Authority.--
(1) Submission of cost estimates.--The President shall
submit to Congress detailed allocations by program element of
the amount recommended for allocation in a fiscal year from
amounts made available under subsection (c), consistent with
the use of funds under subsection (e), as follows:
(A) For fiscal year 2024, not later than 90 days
after the date of enactment of this Act.
(B) For each fiscal year thereafter, until the date
on which all of the amounts in the Fund are allocated,
as part of the annual budget submission of the
President under section 1105(a) of title 31, United
States Code.
(2) Alternate allocation.--
(A) In general.--The Committees on Appropriations
of the Senate and House of Representatives may provide
for alternate allocation of amounts recommended for
allocation in a given fiscal year from amounts made
available under subsection (c), consistent with the use
of funds under subsection (e), including allocations by
program element.
(B) Allocation by president.--
(i) No alternate allocations.--If Congress
has not enacted legislation establishing
alternate allocations, including by program, by
the date on which the Act making full-year
appropriations for the Department of the
Interior, Environment, and Related Agencies for
the applicable fiscal year is enacted into law,
only then shall amounts recommended for
allocation for that fiscal year from amounts
made available under subsection (c), consistent
with the use of funds under subsection (e), be
allocated by the President or apportioned or
allotted by program pursuant to title 31,
United States Code.
(ii) Insufficient alternate allocation.--If
Congress enacts legislation establishing
alternate allocations, including by program,
for amounts recommended for allocation in a
given fiscal year from amounts made available
under subsection (c), consistent with the use
of funds under subsection (e), that are less
than the full amount recommended for allocation
for that fiscal year, the difference between
the amount recommended for allocation and the
alternate allocation shall be allocated by the
President and apportioned and allotted by
program pursuant to title 31, United States
Code.
(j) Prohibitions.--No amounts from the Fund shall be used--
(1) to make any listing determination relating to the
endangered or threatened status of any species pursuant to
section 4(a) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a));
(2) on any experimental population (as defined in paragraph
(1) of section 10(j) of the Endangered Species Act of 1973 (16
U.S.C. 1539(j))) of a threatened or endangered species that is
determined to be nonessential under that section;
(3) outside of the United States (as defined in section 3
of the Endangered Species Act of 1973 (16 U.S.C. 1532)); and
(4) to acquire any Federal land.
<all>
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118S115 | Clean Water Allotment Modernization Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] | <p><b>Clean Water Allotment Modernization Act of 2023</b></p> <p>This bill revises the formula the Environmental Protection Agency (EPA) uses to determine how to distribute funds from the Clean Water State Revolving Fund (SRF) program. Under the program, the EPA allocates funding to states for water quality infrastructure projects, such as wastewater systems and stormwater management projects.</p> <p>In FY2024-FY2028, the EPA must provide an initial allotment to each state that is equal to the amount the state received in FY2023. The EPA must also provide an additional allotment to each state that is based on its share of the U.S. population. </p> <p>In FY2029 and each subsequent fiscal year, the EPA must use an updated allotment formula, which is based on the needs of states as identified in the most recently available clean watersheds needs survey.</p> <p>Beginning in FY2024, the formula must also provide allotments for Indian tribes and territories. In addition, the formula must provide an allotment for EPA's oversight of SRF projects to ensure they use American iron and steel.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 115 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 115
To amend the Federal Water Pollution Control Act to modify certain
allotments under that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio (for himself, Mr. Kelly, and Mr. Scott of Florida) 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 certain
allotments under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Allotment Modernization
Act of 2023''.
SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FEDERAL WATER POLLUTION
CONTROL ACT.
(a) In General.--Section 205 of the Federal Water Pollution Control
Act (33 U.S.C. 1285) is amended by striking the section designation and
heading and all that follows through the end of subsection (a) and
inserting the following:
``SEC. 205. ALLOTMENTS.
``(a) In General.--
``(1) Definitions.--In this subsection:
``(A) Buy american oversight.--The term `Buy
American oversight' means any activity carried out by
the Administrator for the purposes of management or
oversight with respect to section 608.
``(B) Clean watersheds needs survey.--The term
`clean watersheds needs survey' means the detailed
estimate prepared by the Administrator under section
516(b)(1)(B).
``(C) State.--The term `State' means--
``(i) each of the 50 States;
``(ii) the District of Columbia; and
``(iii) the Commonwealth of Puerto Rico.
``(D) United states territory.--The term `United
States territory' means--
``(i) American Samoa;
``(ii) the Commonwealth of the Northern
Mariana Islands;
``(iii) the United States Virgin Islands;
and
``(iv) Guam.
``(2) Fiscal years 2024 through 2028.--
``(A) Buy american oversight.--For each of fiscal
years 2024 through 2028, of the amounts made available
to carry out this section for a fiscal year, the
Administrator shall provide an allotment of not less
than 0.1 percent for Buy American oversight.
``(B) Initial allotments to states.--For each of
fiscal years 2024 through 2028, of the amounts made
available to carry out this section for a fiscal year,
the Administrator shall provide an allotment to each
State in an amount that is not less than the amount
received by the State under this section in fiscal year
2023 under the Consolidated Appropriations Act, 2023
(Public Law 117-328).
``(C) Additional allotments to states.--
Notwithstanding any other provision of this section,
for each of fiscal years 2024 through 2028, of the
amounts made available to carry out this section for a
fiscal year that remain available after application of
subparagraph (B), the Administrator shall provide an
additional allotment to each State in an amount that is
based on the proportion that, as determined using the
most recently published annual estimate of the Bureau
of the Census--
``(i) the population of the State; bears to
``(ii) the total population of all States.
``(D) Allotments to indian tribes.--For each of
fiscal years 2024 through 2028, of the amounts made
available to carry out this section for a fiscal year,
the Administrator shall provide an allotment of 2
percent to Indian tribes.
``(E) Allotments to united states territories.--For
each of fiscal years 2024 through 2028, of the amounts
made available to carry out this section for a fiscal
year, the Administrator shall provide an allotment of
1.5 percent to United States territories.
``(3) Subsequent fiscal years.--
``(A) In general.--For fiscal year 2029 and each
fiscal year thereafter, in allotting amounts made
available to carry out this section for a fiscal year,
the Administrator shall use an updated allotment
formula consistent with subparagraph (B).
``(B) Formula.--
``(i) Development.--The Administrator
shall, by regulation, develop a formula--
``(I) for the calculation of
allotments of amounts made available to
carry out this section for a fiscal
year to States in accordance with
clause (ii); and
``(II) that includes allotments of
amounts made available to carry out
this section for a fiscal year--
``(aa) to provide to Indian
tribes in accordance with
clause (iii);
``(bb) to provide to United
States territories in
accordance with clause (iv);
and
``(cc) for Buy American
oversight in accordance with
clause (v).
``(ii) Allotments for states.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(I), the Administrator shall--
``(I) base the formula on the needs
of the States, as identified in the
most recently available clean
watersheds needs survey; and
``(II) ensure that each State
receives not less than 1 percent of the
amounts made available to carry out
this section for a fiscal year.
``(iii) Allotments for indian tribes.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(II)(aa), the Administrator shall
provide 2 percent of the amounts made available
to carry out this section for a fiscal year to
Indian tribes.
``(iv) Allotments for united states
territories.--In developing the formula
required under subparagraph (A) for the
allotments described in clause (i)(II)(bb), the
Administrator shall provide 1.5 percent of the
amounts made available to carry out this
section for a fiscal year to United States
territories.
``(v) Buy american oversight.--In
developing the formula required under
subparagraph (A) for the allotments described
in clause (i)(II)(cc), the Administrator shall
ensure that 0.1 percent of the amounts made
available to carry out this section for a
fiscal year are used for Buy American
oversight.
``(C) Timeline.--
``(i) Initial formula.--The Administrator
shall develop the initial formula required
under subparagraph (A) by not later than
September 30, 2028, to ensure that the formula
is in effect for fiscal year 2029.
``(ii) Updates required.--After developing
the formula required under subparagraph (A) by
the date described in clause (i), the
Administrator shall update that formula by not
later than the date that is 1 year after the
date on which the Administrator submits a new
clean watersheds needs survey to Congress.
``(4) Savings provision.--To the extent practicable, the
Administrator shall continue developing the allotment formula
under paragraph (2) until the date on which the Administrator
submits to Congress a new clean watersheds needs survey for
purposes of the formula required under paragraph (3)(A).''.
(b) No Effect on Infrastructure Funds.--Nothing in this section or
an amendment made by this section affects--
(1) amounts made available to carry out section 205 of the
Federal Water Pollution Control Act (33 U.S.C. 1285) or title
VI of that Act (33 U.S.C. 1381 et seq.) under division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 1350); or
(2) any allocations of those amounts.
SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY.
Section 516(b) of the Federal Water Pollution Control Act (33
U.S.C. 1375(b)) is amended--
(1) by striking paragraph (2);
(2) in paragraph (1)--
(A) in the third sentence, by striking ``Whenever
the Administrator,'' and inserting the following:
``(3) Submission to congress.--Whenever the
Administrator,''; and
(B) in the second sentence, by striking ``The
Administrator shall'' and inserting the following:
``(2) Deadline.--The Administrator shall'';
(3) by striking the subsection designation and all that
follows through ``The Administrator,'' in paragraph (1) and
inserting the following:
``(b) Estimates; Studies; Analyses.--
``(1) In general.--The Administrator,''; and
(4) in paragraph (1) (as so amended)--
(A) by striking ``; and (D) a comprehensive'' and
inserting the following: ``; and
``(D) a comprehensive'';
(B) by striking ``(C) a comprehensive'' and
inserting the following:
``(C) a comprehensive'';
(C) by striking ``(B) a detailed estimate'' and all
that follows through ``in each of the States;'' and
inserting the following:
``(B) a detailed estimate, biennially revised, of
the cost of construction of all planned publicly owned
treatment works in each State, and all needed publicly
owned treatment works in each State, which shall
include a detailed estimate of--
``(i) the cost of construction for
rehabilitating or upgrading all existing
publicly owned treatment works (excluding any
pipe or other device or system for the
conveyance of wastewater) every 20 years,
including the cost of implementing measures
necessary to address the resilience and
sustainability of publicly owned treatment
works to manmade or natural disasters; and
``(ii) the cost of construction for
replacing 10 percent of existing publicly owned
pipes and other devices and systems for the
conveyance of wastewater to publicly owned
treatment works over the 20-year period
following the date of the estimate;''; and
(D) by striking ``shall make (A) a detailed
estimate'' and inserting the following: ``shall make--
``(A) a detailed estimate''.
SEC. 4. ADDITIONAL ELIGIBLE USE OF ALLOTTED FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended by adding at the end the following:
``(k) Additional Eligible Use of Allotted Funds.--Notwithstanding
any other provision of this section, each fiscal year, a State may
reserve up to 0.5 percent of the amounts allotted to the State under
this title and section 205(m) for that fiscal year to carry out
activities necessary to create the detailed estimate under section
516(b)(1)(B).''.
<all>
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118S1150 | National Nursing Workforce Center Act of 2023 | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"cosponsor"
],
[
"K000377",
"Sen. Kelly, Mark [D-AZ]",
"cosponsor"
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[
"W000437",
"Sen. Wicker, Roger F. [R-MS]",
"cosponsor"
]
] | <p><strong>National Nursing Workforce Center Act of 2023</strong></p> <p>This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1150 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1150
To amend the Public Health Service Act to support and stabilize the
existing nursing workforce, establish programs to increase the number
of nurses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Merkley (for himself, Mr. Tillis, Mr. Kelly, and Mr. Wicker)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to support and stabilize the
existing nursing workforce, establish programs to increase the number
of nurses, and for other purposes.
Be it enacted by the Senate 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 Nursing Workforce Center
Act of 2023''.
SEC. 2. STATE NURSING WORKFORCE CENTERS.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 295j et seq.) as
part H; and
(2) by inserting after part F the following new part:
``PART G--NURSING WORKFORCE CENTERS
``SEC. 785. STATE AND REGIONAL NURSING WORKFORCE CENTER DATA COLLECTION
PILOT PROGRAM.
``(a) In General.--The Secretary shall carry out a 2-year pilot
program to establish new or enhance existing State-based nursing
workforce centers, evaluate the impact of State-based nursing workforce
centers on outcomes, and assess the feasibility of nursing workforce
public-private partnerships. The Secretary shall begin implementation
of such pilot program not later than 1 year after the date of enactment
of the National Nursing Workforce Center Act of 2023.
``(b) Grant Terms.--
``(1) Number of grants awarded.--The Secretary shall award
not fewer than 6 grants under the pilot program under
subsection (a).
``(2) Term.--The term of a grant awarded under the pilot
program under subsection (a) shall be 2 years.
``(3) Matching requirement.--As a condition on receipt of a
grant under the pilot program under subsection (a), the
Secretary shall require the applicant to agree, with respect to
costs to be incurred by the applicant in carrying out the
activities funded through the grant, to make available non-
Federal contributions (in cash or in kind) toward such costs in
an amount that is equal to not less than $1 for each $4 of
Federal funds provided through the grant. Such contributions
may be made directly or through donations from public or
private entities.
``(c) Eligibility.--To be eligible to receive a grant under this
section, an entity shall be--
``(1) a State agency;
``(2) a State board of nursing;
``(3) an organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Act of 1986;
``(4) a community-based organization;
``(5) a school of nursing (as defined in section 801); or
``(6) another type of school or program determined by the
Secretary to be an eligible entity for purposes of this
section.
``(d) Equitable Distribution.--In awarding grants under this
section, the Secretary shall ensure, to the greatest extent possible,
that such grants are equitably distributed among--
``(1) the geographical regions of the United States; and
``(2) States with an existing nursing workforce center and
States without any such existing center.
``(e) Priority.--In selecting the eligible entity to be awarded a
grant under this section for a nursing workforce center in a particular
State, the Secretary shall give priority to eligible entities that--
``(1) propose to provide statewide services;
``(2) have expertise in the State's nursing workforce
issues;
``(3) have a history of convening entities to address
nursing workforce issues; and
``(4) have partnerships with entities that traditionally
educate and employ the State's nurses.
``(f) Use of Funds.--A nursing workforce center supported under
this section may use funds provided under this section for the
following statewide activities:
``(1) Conducting comprehensive analysis of and research
on--
``(A) existing State nursing workforce data and
gaps in such data;
``(B) 2- and 4-year nursing education programs,
including with respect to--
``(i) faculty capacity and pay;
``(ii) enrollment, retention, and
graduation;
``(iii) services for nursing students and
the outcomes of such services;
``(iv) facility needs; and
``(v) clinical placement capacity;
``(C) State-specific scholarships, grants, and
financial aid; and
``(D) factors contributing to retention and
recruitment challenges and to nurses leaving the
workplace or profession.
``(2) Conducting strategic nursing workforce planning with
employers across all work settings and nursing education.
``(3) Conducting focused research on trends in nursing
shortages, including the fiscal and clinical outcomes of
contract nursing.
``(4) Establishing and implementing programs to--
``(A) support and retain faculty to increase
enrollment in schools of nursing;
``(B) recruit and retain nurses in all settings
where nurses practice;
``(C) support leadership development;
``(D) prepare the nursing workforce to address
social determinants of health and health inequities;
``(E) prepare nurses for public health crisis and
pandemic response;
``(F) assist individuals in obtaining education and
training required to enter the nursing profession, and
advance within such profession, such as by providing
career counseling and mentoring; and
``(G) diversify the nursing workforce.
``(g) Reports.--Not later than one year after the date on which the
first grant is awarded under the pilot program under subsection (a),
and annually thereafter, the Secretary shall submit to Congress a
report on the grants awarded under such pilot program during the year
covered by the report. Each such report shall include--
``(1) a description of initiatives to study the unique
characteristics of State nursing workforces, and efforts to
increase the number of new nurses, recruit nurses to the
nursing profession, and retain nurses in the workplace;
``(2) impact data on nurses served by nursing workforce
centers, including demographic information of the individuals
served, the number of such individuals, and the types of
services provided;
``(3) the effectiveness of establishing formal public-
private relationships at understanding the national nursing
workforce through improved data collection and standardization;
``(4) data on continuous evaluation and quality
improvement, and other relevant data as determined by the
Secretary; and
``(5) the Secretary's recommendations and best practices
for--
``(A) reducing shortages among different nursing
specialties;
``(B) reducing shortages in rural and underserved
areas;
``(C) improving geographical distribution of the
nursing workforce; and
``(D) reducing shortages among different types of
nursing employers.
``(h) Funding.--From the amounts appropriated to the Health
Resources and Services Administration for workforce initiatives, the
Secretary shall use $1,500,000 for each of fiscal years 2024 and 2025
for purposes of carrying out this section.''.
SEC. 3. STATE AND REGIONAL CENTERS FOR HEALTH WORKFORCE ANALYSIS.
(a) Expansion of Covered Programs.--Section 761(c)(1)(A) of the
Public Health Service Act (42 U.S.C. 294n(c)(1)(A)) is amended by
striking ``under this title'' and inserting ``under this Act''.
(b) Analysis and Technical Assistance.--Section 761(c) of the
Public Health Service Act (42 U.S.C. 294n(c)) is amended by adding at
the end the following:
``(3) Minimum requirement.--At least one grant or contract
awarded under this subsection shall be awarded to an eligible
entity that demonstrates--
``(A) a mission to advance and support the nursing
workforce;
``(B) experience and expertise in guiding State-
level nursing workforce centers;
``(C) experience in working with nursing workforce
data;
``(D) expertise in analytical methods and tools
appropriate for nursing workforce research; and
``(E) awareness of emerging topics, issues, and
trends related to the nursing workforce.
``(4) Analysis and reporting.--Analysis and reporting
carried out pursuant to a grant or contract under this
subsection may include--
``(A) collaborating with nursing workforce centers
to produce or deliver, with respect to the supply of
nurses, the demand for nurses, and the capacity to
educate and train the nursing workforce--
``(i) regional and national reports;
``(ii) articles in peer-reviewed journals;
``(iii) presentations at national and
international conferences and meetings; and
``(iv) policy briefs, fact sheets,
articles, blogs, and other publications
available in the public domain;
``(B) evaluating the programs and activities of the
nursing workforce centers overall;
``(C) developing evidence-based or evidence-
informed strategies and best practices to alleviate
nursing workforce shortages across States and regions;
and
``(D) conducting rapid data analysis and short-
term, issue-specific research.
``(5) Technical assistance.--Technical assistance provided
pursuant to this subsection may include--
``(A) providing technical assistance to nursing
workforce centers on the collection, analysis, and
reporting of standardized supply, demand, and education
and training data to inform analysis conducted pursuant
to subsection (c)(1);
``(B) collaborating with nursing workforce centers
to identify and deliver evidence-based or evidence-
informed strategies to alleviate nursing shortages and
the maldistribution of nurses;
``(C) providing online and in-person training
opportunities for nurses and other staff at nursing
workforce centers; and
``(D) developing and maintaining a website that--
``(i) is accessible to grant and contract
recipients under section 785 and this section;
``(ii) supports resources for the provision
of technical assistance under this section,
such as--
``(I) evidence-based or evidence-
informed educational materials, tools,
recent findings of interest, and links
to relevant resources; and
``(II) logistical and
administrative information, such as
online trainings, webinars, and
publications; and
``(iii) includes a publicly accessible
repository of webinars, tools, and resources.
``(6) Definition.--In this subsection, the term `nursing
workforce center' means a nursing workforce center funded under
section 785.''.
<all>
</pre></body></html>
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118S1151 | Accountability for Endless Wars Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1151 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1151
To terminate authorizations for the use of military force and
declarations of war no later than 10 years after the enactment of such
authorizations or declarations.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Durbin (for himself, Mr. Ossoff, and Mr. Welch) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To terminate authorizations for the use of military force and
declarations of war no later than 10 years after the enactment of such
authorizations or declarations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Endless Wars Act
of 2023''.
SEC. 2. TERMINATION OF AUTHORIZATIONS FOR THE USE OF MILITARY FORCE AND
DECLARATIONS OF WAR.
(a) Future Authorizations for the Use of Military Force and
Declarations of War.--Any authorization for the use of military force
or declaration of war enacted into law after the date of the enactment
of this Act shall terminate on the date that is 10 years after the date
of the enactment of such authorization or declaration.
(b) Existing Authorizations for the Use of Military Force and
Declarations of War.--Any authorization for the use of military force
or declaration of war enacted before the date of the enactment of this
Act shall terminate on the date that is 6 months after the date of such
enactment.
<all>
</pre></body></html>
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118S1152 | Smarter Sentencing Act of 2023 | [
[
"D000563",
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"sponsor"
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"Sen. Lee, Mike [R-UT]",
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],
[
"B00128... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1152 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1152
To focus limited Federal resources on the most serious offenders.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Durbin (for himself, Mr. Lee, Mr. Whitehouse, Mr. Blumenthal, Mr.
Booker, Ms. Warren, Mr. Sanders, Mr. King, Mr. Kaine, Mr. Wicker, and
Mr. Markey) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To focus limited Federal resources on the most serious offenders.
Be it enacted by the Senate 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 Sentencing Act of 2023''.
SEC. 2. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances Act (21
U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802)--
(A) by redesignating paragraph (58) as paragraph
(59);
(B) by redesignating the second paragraph (57)
(relating to ``serious drug felony'') as paragraph
(58); and
(C) by adding at the end the following:
``(60) The term `courier' means a defendant whose role in
the offense was limited to transporting or storing drugs or
money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text
following clause (viii)--
(i) by striking ``10 years or more'' and
inserting ``5 years or more''; and
(ii) by striking ``15 years'' and inserting
``10 years''; and
(B) in subparagraph (B), in the flush text
following clause (viii)--
(i) by striking ``5 years'' and inserting
``2 years''; and
(ii) by striking ``not be less than 10
years'' and inserting ``not be less than 5
years''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 5 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has
become final, the person shall be sentenced to a term
of imprisonment of not less than 10 years and not more
than life.'' before ``Notwithstanding section 3583'';
and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 2 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has
become final, the person shall be sentenced to a term
of imprisonment of not less than 5 years and not more
than life.'' before ``Notwithstanding section 3583''.
(c) Applicability to Pending and Past Cases.--
(1) Definition.--In this subsection, the term ``covered
offense'' means a violation of a Federal criminal statute, the
statutory penalties for which were modified by this section.
(2) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after the
date of enactment of this Act, regardless of when the offense
was committed.
(3) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for a
covered offense, the sentencing court may, on motion of the
defendant, the Bureau of Prisons, the attorney for the
Government, or on its own motion, impose a reduced sentence
after considering the factors set forth in section 3553(a) of
title 18, United States Code.
SEC. 3. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by section 2 of this Act.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public safety
risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report outlining how the reduced expenditures on
Federal corrections and the cost savings resulting from this Act will
be used to help reduce overcrowding in the Federal Bureau of Prisons,
help increase proper investment in law enforcement and crime
prevention, and help reduce criminal recidivism, thereby increasing the
effectiveness of Federal criminal justice spending.
SEC. 5. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report,
which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal
statutory offense brought by the Department of Justice
each year for the 15-year period preceding the date of
enactment of this Act; and
(C) the mens rea requirement for the criminal
statutory offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses
enforceable by the agency; and
(B) for each criminal regulatory offense listed
under subparagraph (A)--
(i) the potential criminal penalty for a
violation of the criminal regulatory offense;
(ii) the number of violations of the
criminal regulatory offense referred to the
Department of Justice for prosecution in each
of the years during the 15-year period
preceding the date of enactment of this Act;
and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the Federal
Maritime Commission, the Federal Mine Safety and Health Review
Commission, the Federal Trade Commission, the National Labor
Relations Board, the National Transportation Safety Board, the
Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Office of Congressional Workplace
Rights, the Postal Regulatory Commission, the Securities and
Exchange Commission, the Securities Investor Protection
Corporation, the Environmental Protection Agency, the Small
Business Administration, the Federal Housing Finance Agency,
and the Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of enactment of
this Act--
(1) the Attorney General shall establish a publicly
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publicly accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
<all>
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118S1153 | National Manufacturing Advisory Council for the 21st Century Act | [
[
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"Sen. Peters, Gary C. [D-MI]",
"sponsor"
],
[
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[
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"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1153 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1153
To require the Secretary of Commerce to establish the National
Manufacturing Advisory Council within the Department of Commerce, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Peters (for himself, Mr. Rubio, Ms. Baldwin, and Mr. Braun)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Commerce to establish the National
Manufacturing Advisory Council within the Department of Commerce, and
for other purposes.
Be it enacted by the Senate 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 Manufacturing Advisory
Council for the 21st Century Act''.
SEC. 2. NATIONAL MANUFACTURING ADVISORY COUNCIL.
(a) Definitions.--In this section:
(1) Advisory council.--The term ``Advisory Council'' means
the National Manufacturing Advisory Council established under
subsection (b).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Energy and Natural Resources
of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Appropriations of the Senate;
(F) the Committee on Small Business and
Entrepreneurship of the Senate;
(G) the Committee on Energy and Commerce of the
House of Representatives;
(H) the Committee on Education and Labor of the
House of Representatives;
(I) the Committee on Science, Space, and Technology
of the House of Representatives;
(J) the Committee on Armed Services of the House of
Representatives;
(K) the Committee on Appropriations of the House of
Representatives; and
(L) the Committee on Small Business of the House of
Representatives.
(3) Economically distressed area.--The term ``economically
distressed area'' means an area that meets 1 or more of the
requirements described in section 301(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, the Secretary of Defense, the Secretary of Energy,
the United States Trade Representative, and the Secretary of Education,
shall establish within the Department of Commerce the National
Manufacturing Advisory Council.
(c) Mission.--The mission of the Advisory Council shall be to--
(1) provide a forum for--
(A) regular communication between the Federal
Government and the manufacturing sector, including
manufacturing workers, in the United States; and
(B) discussing and proposing solutions to problems
relating to the manufacturing sector in the United
States, including the manufacturing workforce, supply
chain interruptions, and other logistical challenges;
(2) advise the Secretary regarding policies and programs of
the Federal Government that affect manufacturing, including the
manufacturing workforce, in the United States; and
(3) annually produce a national strategic plan, as
described in subsection (g), that provides recommendations to
the Secretary and the appropriate committees of Congress
regarding how to help the United States remain the preeminent
destination throughout the world for investment in
manufacturing, which shall be based on the execution of the
duties of the Advisory Council.
(d) Duties.--The duties of the Advisory Council shall include the
following:
(1) Meeting not less frequently than once every 180 days,
in a manner to be determined by the Secretary, in order to
provide independent advice and recommendations to the Secretary
regarding issues involving manufacturing in the United States.
(2) Identifying and assessing the impact that technological
developments, critical production capacity, skill availability,
investment patterns, and emerging defense needs have on the
manufacturing competitiveness of the United States and
providing advice and recommendations to the Secretary regarding
that impact.
(3) Soliciting input from the public and private sectors
and academia relating to emerging trends in manufacturing, and
the responsiveness of Federal programming with respect to
manufacturing, and providing advice and recommendations to the
Secretary for areas of increased Federal attention with respect
to manufacturing.
(4) Identifying, and providing advice and recommendations
to the Secretary regarding, global and domestic manufacturing
trends and threats to the manufacturing sector in the United
States, including on matters such as supply chain
interruptions, logistical challenges, and technological changes
affecting the manufacturing base in the United States.
(5) Providing advice and recommendations to the Secretary
on matters relating to investment in, and support of, the
manufacturing workforce in the United States, including on
matters such as--
(A) worker participation, including through labor
organizations and through other methods determined by
the Advisory Council, in planning for the deployment of
new technologies across the manufacturing sector in the
United States and within workplaces in that sector;
(B) training and education priorities for the
Federal Government and employers to assist workers in
adapting the skills and experiences of those workers to
fit the demands of the manufacturing sector in the
United States in the 21st century;
(C) how the development of new technologies and
processes have impacted, and will impact, the
manufacturing workforce of the United States and the
economy of the United States, which shall be based on
input from manufacturing workers;
(D) management practices in the manufacturing
sector in the United States that lead to worker
employment, job quality, worker protection, worker
participation and power in decision making, and
investment in worker career success;
(E) policies and procedures that expand access to
jobs, career advancement opportunities, and management
opportunities for underrepresented populations; and
(F) how to improve access to demand-driven
manufacturing-related education, training, and re-
training for workers, including at community and
technical colleges, through other institutions of
higher education, and through apprenticeships and work-
based learning opportunities.
(6) Providing recommendations to the Secretary on ways to--
(A) provide--
(i) manufacturing-related worker education,
training, and development; and
(ii) entrepreneurship training relating to
manufacturing;
(B) connect individuals and businesses with
services described in subparagraph (A) that are offered
in the communities of those individuals or businesses;
(C) coordinate services relating to manufacturing
employee engagement, including employee ownership and
workforce training;
(D) connect manufacturers with community and
technical colleges, other institutions of higher
education, State or local workforce development boards
established under section 101 or 107 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111, 3122),
labor organizations, and nonprofit job training
providers to develop and support training and job
placement services, and apprenticeship and online
learning platforms, for new and incumbent manufacturing
workers;
(E) develop programming to prevent manufacturing
job losses in the United States as entities adopt new
technologies and processes; and
(F) develop best practices for manufacturers to
incorporate, or transition to, employee ownership
structures.
(7) With respect to the matters described in paragraphs (1)
through (6), soliciting input from--
(A) economically distressed areas; and
(B) areas of the United States in which foreign
competition has resulted in mass layoffs in the
manufacturing sector.
(8) Completing other specific tasks requested by the
Secretary.
(e) Membership.--
(1) In general.--The Advisory Council shall--
(A) consist of individuals appointed by the
Secretary with a balance of backgrounds, experiences,
and viewpoints; and
(B) include individuals with manufacturing
experience who represent--
(i) private industry, including small and
medium-sized manufacturers and any relevant
standards development organizations or relevant
trade associations;
(ii) academia; and
(iii) labor.
(2) Public participation.--The Secretary shall, to the
maximum extent practicable, accept recommendations from the
public regarding the appointment of individuals under paragraph
(1).
(3) Period of appointment; vacancies.--
(A) In general.--Each member of the Advisory
Council shall be appointed by the Secretary for a term
of 3 years.
(B) Renewal.--The Secretary may renew an
appointment made under subparagraph (A) for not more
than 2 additional terms.
(C) Stagger terms.--The Secretary may stagger the
terms of the members of the Advisory Council to ensure
that the terms of those members expire during different
years.
(D) Vacancies.--
(i) In general.--Subject to clause (ii), a
member appointed to fill a vacancy on the
Advisory Council occurring before the
expiration of the term for which the
predecessor of the newly appointed member was
appointed shall be appointed only for the
remainder of that term of the predecessor.
(ii) Further service.--A member of the
Advisory Council who is appointed for the
remainder of a term of a predecessor under
clause (i) may serve after the expiration of
that term of the predecessor and until the date
on which the Secretary has appointed a
successor.
(f) Transfer of Functions.--
(1) In general.--All functions of the United States
Manufacturing Council of the International Trade Administration
of the Department of Commerce, including the personnel, assets,
and obligations of the United States Manufacturing Council of
the International Trade Administration of the Department of
Commerce, as in existence on the day before the date of
enactment of this Act, shall be transferred to the Advisory
Council.
(2) Deeming of name.--Any reference in any law, regulation,
document, paper, or other record of the United States to the
United States Manufacturing Council of the International Trade
Administration of the Department of Commerce shall be deemed a
reference to the Advisory Council.
(3) Unexpended balances.--Unexpended balances of
appropriations, authorization, allocations, or other funds
related to the United States Manufacturing Council of the
International Trade Administration of the Department of
Commerce shall be available for use by the Advisory Council for
the purpose for which the appropriations, authorizations,
allocations, or other funds were originally made available.
(4) Existing advisory committee.--Any Federal advisory
committee of the Department of Commerce that is operating on
the day before the date of enactment of this Act under a
charter filed in accordance with section 1008(c) of title 5,
United States Code, for the purpose of addressing the purposes
and duties described in this section shall satisfy the
requirement under subsection (b) to establish the Advisory
Council if, not later than 90 days after that date of
enactment, the Federal advisory committee is modified, as
necessary, to comply with the requirements of this section.
(g) National Strategic Plan.--Not later than 180 days after the
date on which the Advisory Council holds the initial meeting of the
Advisory Council, and annually thereafter, the Advisory Council shall
submit to the Secretary and the appropriate committees of Congress--
(1) a national strategic plan for manufacturing in the
United States that is based on the execution of the duties of
the Advisory Council under subsection (d); and
(2) a detailed statement of the activities that the
Advisory Council conducted to carry out the duties of the
Advisory Council under subsection (d).
(h) Departmental Support.--In accordance with prevailing laws and
regulations, the Secretary, as the Secretary considers appropriate,
shall furnish to the Advisory Council relevant information that--
(1) is in the possession of the Department of Commerce; and
(2) relates to the mission of the Advisory Council.
(i) Inapplicability of Certain Provisions.--Chapter 10 of title 5,
United States Code, shall not apply with respect to the Advisory
Council or the activities of the Advisory Council.
(j) Sunset.--The Advisory Council shall terminate on September 30
of the fifth year after the year in which the Advisory Council holds
the first meeting of the Advisory Council.
<all>
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118S1154 | Promoting Women in Aviation Act | [
[
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"sponsor"
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[
"F000463",
"Sen. Fischer, Deb [R-NE]",
"cosponsor"
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[
"D000622",
"Se... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1154
To establish the Women in Aviation Advisory Committee.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Peters (for himself, Mrs. Fischer, Ms. Sinema, Mr. Moran, and Ms.
Duckworth) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the Women in Aviation Advisory Committee.
Be it enacted by the Senate 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 Women in Aviation Act''.
SEC. 2. WOMEN IN AVIATION ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Department of
Transportation the Women in Aviation Advisory Committee (in this
section referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--
(A) In general.--The Committee shall be composed of
up to 15 members appointed by the Secretary of
Transportation, including representatives from the
following:
(i) Major airlines and aerospace companies.
(ii) Nonprofit organizations within the
aviation industry.
(iii) Airport operators and employees.
(iv) Aviation business associations.
(v) Engineering business associations.
(vi) United States Air Force Auxiliary,
Civil Air Patrol.
(vii) Institutions of higher education and
aviation trade schools.
(viii) Nonprofit labor organizations
representing aviation workers, including an
organization representing pilots for cargo and
passenger air carriers operating under part 121
of title 14, Code of Federal Regulations.
(ix) The Federal Aviation Administration.
(B) Date.--The appointments described in
subparagraph (A) shall be made not later than 9 months
after the date of enactment of this section.
(2) Chair; subcommittee chairs.--The Committee--
(A) shall select a Chair from among the members of
the Committee; and
(B) may select subcommittee chairs from among the
members of the Committee, as the Committee determines
appropriate.
(3) Term of service.--
(A) In general.--Each member of the Committee shall
serve a term of 6 years from the date of the
appointment.
(B) Successors.--
(i) Death or resignation.--If a member of
the Committee dies or resigns during their term
of service, the Secretary of Transportation
shall designate a successor for the unexpired
term of such member.
(ii) Expired term.--Any member of the
Committee whose term of office has expired
shall continue to serve as a member until their
successor is appointed by the Secretary of
Transportation.
(4) Administrative support.--The Secretary of
Transportation shall furnish the Committee logistical and
administrative support and other assistance to enable the
Committee to perform its duties.
(5) Compensation.--Each member of the Committee shall serve
without compensation.
(c) Duties.--
(1) Advisory role.--The Committee--
(A) shall advise the Secretary of Transportation
and the Administrator of the Federal Aviation
Administration on matters related to women in the
aviation industry;
(B) shall engage with the objectives, report, and
recommendations produced by the Advisory Board created
under section 612 of the FAA Reauthorization Act of
2018 (49 U.S.C. 40101 note);
(C) shall coordinate with the Federal Women's
Program of the Federal Aviation Administration; and
(D) shall not duplicate the objectives of the Air
Carrier Training Aviation Rulemaking Committee.
(2) Reports.--
(A) Annual report.--Not later than October 31 of
the first calendar year beginning after the date on
which the Committee is established under subsection
(a), and annually thereafter, the Committee shall
submit to Congress, the Secretary of Transportation,
and the Administrator of the Federal Aviation
Administration a report that contains a detailed
statement of the findings and conclusions of the
Committee, together with the recommendations of the
Committee for such legislation and administrative
actions as the Committee considers appropriate.
(B) Additional reports.--The Committee may submit
to Congress, the Secretary of Transportation, and the
Administrator of the Federal Aviation Administration
additional reports and recommendations as the Committee
determines appropriate.
(d) Review of Recommendations.--Not later than 60 days after the
date on which the Secretary of Transportation receives a report from
the Committee under subsection (c)(2), the Secretary shall submit to
Congress a report that indicates--
(1) which recommendations of the Committee contained in
such report that the Secretary implemented; and
(2) which such recommendations the Secretary did not
implement (including any recommendations for legislation) and a
rationale for that determination.
(e) Non-Application of FACA Termination Requirement.--Section 1013
of title 5, United States Code, shall not apply to the Committee.
<all>
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118S1155 | Federal Reserve Accountability Act of 2023 | [
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"sponsor"
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[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1155 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1155
To amend the Federal Reserve Act to provide greater accountability to
the Federal Reserve System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Tillis (for himself, Ms. Lummis, Mr. Cruz, and Mr. Cramer)
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 Reserve Act to provide greater accountability to
the Federal Reserve System, and for other purposes.
Be it enacted by the Senate 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 Reserve Accountability Act
of 2023''.
SEC. 2. APPOINTMENT OF GENERAL COUNSEL.
Subsection (l) of section 11 of the Federal Reserve Act (12 U.S.C.
248) is amended by inserting ``The President shall appoint a general
counsel for the Board, by and with the advice and consent of the
Senate. Sections 3345 through 3349b of title 5, United States Code,
shall not apply to the general counsel.'' after the period at the end
of the first sentence.
SEC. 3. APPOINTMENT OF FEDERAL RESERVE BANK PRESIDENTS.
(a) In General.--The fifth paragraph of the fourth unenumerated
paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is
amended--
(1) in the first sentence, by striking ``a president, vice
presidents,'' and inserting ``vice presidents'';
(2) in the second sentence, by striking ``Class B and Class
C directors of the bank, with the approval of the Board of
Governors of the Federal Reserve System'' and inserting
``President of the United States, by and with the advice and
consent of the Senate'';
(3) by striking the third sentence and inserting ``The
first vice president of the bank shall be appointed by the
Class B and Class C board of directors of the bank for a term
of 5 years, and shall, in the absence or disability of the
president or during a vacancy in the office of the president,
serve as chief executive officer of the bank, until a nominee
for president is confirmed by the Senate or the President of
the United States appoints an acting president under sections
3345 through 3349b of title 5, United States Code.'';
(4) in the fourth sentence, by striking ``the president
or'';
(5) by inserting ``A president may continue to serve after
the expiration of the term of office to which the president was
appointed until the earlier of the date on which a successor
has been appointed and qualified, the date on which the next
session of Congress subsequent to the expiration of such term
expires, or the date on which the President of the United
States removes the president. No appointed president shall
serve more than a total of 10 years, not including any such
continuation in service.'' after the period at the end of the
fourth sentence; and
(6) by inserting ``The president shall have their primary
residence and principal place of business located in that
Federal Reserve district for not fewer than 4 years before the
date on which the President nominates the individual to be
president of the Federal Reserve bank for that Federal Reserve
district.'' after the period at the end of the fifth sentence,
as added by paragraph (5) of this subsection.
(b) Suspension or Removal of Officers.--Section 11(f) of the
Federal Reserve Act (12 U.S.C. 248(f)) is amended by inserting
``(except the president)'' after ``reserve bank''.
(c) Applicability.--Sections 3345 through 3349b of title 5, United
States Code, shall apply to presidents of Federal Reserve banks in the
same manner as officers of Executive agencies.
SEC. 4. FEDERAL RESERVE DISTRICTS.
(a) In General.--Section 2 of the Federal Reserve Act (12 U.S.C.
222) is amended by striking the first undesignated paragraph and
inserting the following:
``The continental United States shall be divided into 5 Federal
Reserve districts. The First Federal Reserve District shall be composed
of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, New Jersey, Delaware, the
Commonwealth of Puerto Rico, and the United States Virgin Islands, with
the city of New York, New York, as the location of the Federal Reserve
bank. The Second Federal Reserve District shall be composed of Ohio,
West Virginia, Virginia, Maryland, Michigan, Indiana, Kentucky,
Illinois, Wisconsin, Minnesota, and the District of Columbia, with the
city of Cleveland, Ohio, as the location of the Federal Reserve bank.
The Third Federal Reserve District shall be composed of Missouri,
Kansas, Oklahoma, Colorado, Wyoming, Nebraska, Iowa, North Dakota,
South Dakota, and Montana, with the city of Kansas City, Missouri, as
the location of the Federal Reserve bank. The Fourth Federal Reserve
District shall be composed of Texas, Arkansas, Louisiana, Mississippi,
Alabama, Tennessee, Georgia, North Carolina, South Carolina, and
Florida, with the city of Dallas, Texas, as the location of the Federal
Reserve bank. The Fifth Federal Reserve District shall be composed of
California, Oregon, Washington, Alaska, Hawaii, Idaho, Nevada, Utah,
Arizona, New Mexico, Guam, American Samoa, and the Northern Mariana
Islands, with the city of San Francisco, California, as the location of
the Federal Reserve bank. Every national bank in any State shall, upon
commencing business, become a member bank of the Federal Reserve System
by subscribing and paying for stock in the Federal Reserve bank of its
district in accordance with the provisions of this Act and shall
thereupon be an insured bank under the Federal Deposit Insurance Act,
and failure to do so shall subject such bank to the penalty provided by
the sixth paragraph of this section.''.
(b) Federal Open Market Committee.--Section 12A of the Federal
Reserve Act (12 U.S.C. 263) is amended by striking subsection (a) and
inserting the following:
``(a) There is hereby created a Federal Open Market Committee
(hereinafter referred to as the `Committee'), which shall consist of
the members of the Board of Governors of the Federal Reserve System and
the chief executive officers of the 5 Federal Reserve banks.''.
(c) Technical and Conforming Amendments.--
(1) Section 11 of the Federal Reserve Act (12 U.S.C. 248)
is amended by striking subsection (e).
(2) The third undesignated paragraph of section 16 of the
Federal Reserve Act (12 U.S.C. 413) is amended, in the third
sentence, by striking ``twelve'' and inserting ``5''.
SEC. 5. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.
The first undesginated paragraph of section 10 of the Federal
Reserve Act (12 U.S.C. 241) is amended--
(1) in the second sentence, by striking ``one of whom shall
be selected from'' and inserting ``2 of whom may be residents
of''; and
(2) by inserting ``In this paragraph, the term `resident of
any one Federal Reserve district' means an individual whose
primary residence and principal place of business has been
located in a Federal Reserve district for not fewer than 4
years before the date on which the President nominates the
individual as a member of the Board.'' after the period at the
end of the fourth sentence.
SEC. 6. LOBBYING WITH MONEYS.
The Federal Reserve Act is amended by inserting after section 15
(12 U.S.C. 391 et seq.) the following:
``SEC. 15A. LOBBYING WITH MONEYS.
``No part of the income, interest, fees, money, or other funds of
the Board of Governors of the Federal Reserve System or any Federal
Reserve bank shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written
matter, or other device, intended or designed to influence in any
manner a Member of Congress, a jurisdiction, or an official of any
government, to favor, adopt, or oppose, by vote or otherwise, any
legislation, law, ratification, policy, or appropriation, whether
before or after the introduction of any bill, measure, or resolution
proposing such legislation, law, ratification, policy, or
appropriation; but this shall not prevent officers or employees of the
Federal Reserve System from communicating to any such Member or
official, at his request, or to Congress or such official, through the
proper official channels, requests for any legislation, law,
ratification, policy, or appropriations which they deem necessary for
the efficient conduct of the public business, or from making any
communication whose prohibition by this section might, in the opinion
of the Attorney General, violate the Constitution or interfere with the
conduct of foreign policy, counter-intelligence, intelligence, or
national security activities. Violations of this section shall
constitute violations of section 1352(a) of title 31, United States
Code.''.
<all>
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118S1156 | Native American Entrepreneurial and Opportunity Act of 2023 | [
[
"H000273",
"Sen. Hickenlooper, John W. [D-CO]",
"sponsor"
],
[
"L000571",
"Sen. Lummis, Cynthia M. [R-WY]",
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"cosponsor"
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[
"M001190",
"Sen. Mullin, Markwayne [R-OK]",
"cosponsor"
]
] | <p><strong>Native American Entrepreneurial and Opportunity Act</strong> <b>of 2023</b></p> <p>This bill provides statutory authority for the establishment of the Office of Native American Affairs within the Small Business Administration (SBA). The office must establish a working relationship with Indian tribes and Native Hawaiian organizations by targeting SBA programs relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1156
To establish an Office of Native American Affairs within the Small
Business Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Hickenlooper (for himself, Ms. Lummis, Ms. Hirono, and Mr. Mullin)
introduced the following bill; which was read twice and referred to the
Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To establish an Office of Native American Affairs within 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 ``Native American Entrepreneurial and
Opportunity Act of 2023''.
SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as
section 50; and
(2) by inserting after section 48 (15 U.S.C. 657u) the
following:
``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS.
``(a) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate
Administrator' means the Associate Administrator for Native
American Affairs appointed under subsection (c).
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 8(a)(13).
``(3) Native hawaiian organization.--The term `Native
Hawaiian Organization' has the meaning given the term in
section 8(a)(15).
``(4) Office.--The term `Office' means the Office of Native
American Affairs described in this section.
``(b) Establishment.--
``(1) In general.--There is established within the
Administration the Office of Native American Affairs, which
shall be responsible for establishing a working relationship
with Indian Tribes and Native Hawaiian Organizations by
targeting programs of the Administration relating to
entrepreneurial development, contracting, and capital access to
revitalize Native businesses and economic development in Indian
country.
``(2) Connection with other programs.--To the extent
reasonable, the Office shall connect Indian Tribes and Native
Hawaiian Organizations to programs administered by other
Federal agencies related to the interests described in
paragraph (1).
``(3) Field offices.--The Office may establish field
offices within such regional offices of the Administration as
may be necessary, with initial focus on those parts of Indian
Country most economically disadvantaged, to perform efficiently
the functions and responsibilities of the Office.
``(c) Associate Administrator.--The Office shall be headed by an
Associate Administrator for Native American Affairs, who shall--
``(1) be appointed by and report to the Administrator;
``(2) have knowledge of Native American cultures and
experience providing culturally tailored small business
development assistance to Native Americans;
``(3) carry out the program to provide assistance to Indian
Tribes and Native Hawaiian Organizations and small business
concerns owned and controlled by individuals who are members of
those groups;
``(4) administer and manage Native American outreach
expansion;
``(5) enhance assistance to Native Americans by formulating
and promoting policies, programs, and assistance that better
address their entrepreneurial, capital access, business
development, and contracting needs, and collaborate with other
Associate Administrators and intergovernmental leaders with
similar missions across Federal agencies on the development of
policies and plans to implement new programs of the
Administration, while supplementing existing Federal programs
to holistically serve those needs;
``(6) act as an ombudsman for Native Americans for programs
of the Administration;
``(7) provide grants, contracts, cooperative agreements, or
other financial assistance to Indian Tribes and Native Hawaiian
Organizations, or to private nonprofit organizations governed
by members of those entities, that have the experience and
capability to--
``(A) deploy training, counseling, workshops,
educational outreach, and supplier events; and
``(B) access the entrepreneurial, capital, and
contracting programs of the Administration, including
the Community Navigator pilot program;
``(8) assist the Administrator in conducting, or conduct,
Tribal consultation to solicit input and facilitate discussion
of potential modifications to programs and procedures of the
Administration; and
``(9) recommend annual budgets for the Office.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Office such sums as may be necessary for each of
fiscal years 2024 through 2028 to carry out this section.''.
<all>
</pre></body></html>
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118S1157 | MicroCap Small Business Investing Act of 2023 | [
[
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"sponsor"
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[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1157 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1157
To establish a MicroCap small business investment company designation,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Hickenlooper (for himself, Mr. Risch, and Ms. Cortez Masto)
introduced the following bill; which was read twice and referred to the
Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To establish a MicroCap small business investment company designation,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MicroCap Small Business Investing
Act of 2023''.
SEC. 2. MICROCAP SMALL BUSINESS INVESTMENT COMPANY DESIGNATION.
(a) In General.--Title III of the Small Business Investment Act of
1958 (15 U.S.C. 681 et seq.) is amended--
(1) in section 301(c) (15 U.S.C. 681(c)), by adding at the
end the following:
``(5) Microcap small business investment company license.--
``(A) In general.--Notwithstanding any other
provision of law, the Administrator may approve an
application and issue not more than 10 licenses
annually under this subsection with respect to any
applicant--
``(i) that would otherwise be issued a
license under this subsection, except that the
management of the applicant does not satisfy
the qualification requirements under paragraph
(3)(A)(ii) to the extent that such requirements
relate to investment experience and track
record, including any such requirements further
set forth in section 107.305 of title 13, Code
of Federal Regulations, or any successor
regulation;
``(ii) for which the fund managers have--
``(I) a documented record of
successful business experience;
``(II) a record of business
management success; or
``(III) knowledge in the particular
industry or business in which the
investment strategy is being pursued;
and
``(iii) that, in addition to any other
requirement applicable to the applicant under
this title or the rules issued to carry out
this title (including section 121.301(c)(2) of
title 13, Code of Federal Regulations, or any
successor regulation), will make not less than
25 percent of its investments in--
``(I) low-income communities, as
that term is defined in section 45D(e)
of the Internal Revenue Code of 1986;
``(II) a community that has been
designated as a qualified opportunity
zone under section 1400Z-1 of the
Internal Revenue Code of 1986;
``(III) businesses primarily
engaged in research and development;
``(IV) manufacturers;
``(V) businesses primarily owned or
controlled by individuals in
underserved communities before
receiving capital from the applicant;
and
``(VI) rural areas, as that term is
defined by the Bureau of the Census.
``(B) Priority; streamlined process.--With respect
to an application for a license pursuant to this
paragraph, the Administrator shall--
``(i) give priority to an applicant for
such a license that is located in an
underlicensed State; and
``(ii) establish a streamlined process for
applicants submitting such an application.
``(C) Timing for issuance of license.--
Notwithstanding paragraph (2), with respect to an
application for a license submitted to the
Administrator pursuant to this paragraph, the
Administrator shall--
``(i) not later than 60 days after the date
on which the application is submitted to the
Administrator, process and provide complete
feedback with respect to any pre-license
application requirements applicable to the
applicant;
``(ii) not restrict the submission of any
application materials; and
``(iii) not later than 90 days after the
date on which the application is submitted to
the Administrator--
``(I) approve the application and
issue a license for such operation to
the applicant, if the requirements for
the license are satisfied; or
``(II) based upon facts in the
record--
``(aa) disapprove the
application; and
``(bb) provide the
applicant with--
``(AA) a clear,
written explanation of
the reason for the
disapproval; and
``(BB) a chance to
remedy any issues with
the application and
immediately reapply,
with technical
assistance provided as
needed and a new
determination made by
the Administrator not
later than 30 days
after the date on which
the applicant re-
submits the
application.
``(D) Leverage.--A company licensed pursuant to
this paragraph shall--
``(i) not be eligible to receive leverage
in an amount that is more than $25,000,000; and
``(ii) access leverage in an amount that is
not more than 100 percent of the private
capital of the applicant.
``(E) Investment committee.--
``(i) In general.--Each company licensed
pursuant to this paragraph shall have not fewer
than 2 independent members on the investment
committee of the company in a manner that
complies with the following requirements:
``(I) The independent members of
the investment committee are or have
been licensed managers of small
business investment companies within
the preceding 10-year period.
``(II) No small business investment
company described in subclause (I) may
be adversely affected by the
relationship of the independent members
of the investment committee with the
company licensed pursuant to this
paragraph.
``(III) The independent members of
the investment committee are required
to approve each investment made by the
company.
``(IV) The independent members of
the investment committee shall not be
paid a management fee, but may receive
paid expenses and a portion of any
carried interest.
``(ii) Leverage limits.--Any leverage
associated with a company licensed pursuant to
this paragraph shall not be counted toward the
leverage limits of the independent members of
the investment committee of the company under
this title.''; and
(2) in section 303(d) (15 U.S.C. 683(d)), by inserting
``(or, with respect to a company licensed under section
301(c)(5), 50 percent)'' after ``25 percent''.
(b) SBA Requirements.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration; and
(B) the term ``covered company'' means an entity
that is licensed to operate as a small business
investment company pursuant to paragraph (5) of section
301(c) of the Small Business Investment Act of 1958 (15
U.S.C. 681(c)), as added by subsection (a).
(2) Rules.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall issue rules to
carry out this section and the amendments made by this section.
(3) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall publicly publish a report that details, for
the year covered by the report--
(A) the number of covered companies licensed by the
Administrator;
(B) the industries in which covered companies have
invested;
(C) the geographic locations of covered companies;
and
(D) the aggregate performance of covered companies.
<all>
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118S1158 | Health Savings Act of 2023 | [
[
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"Sen. Rubio, Marco [R-FL]",
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[
"S001184",
"Sen. Scott, Tim [R-SC]",
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] | <p><strong>Health Savings Act of 2023</strong></p> <p>This bill modifies the requirements for health savings accounts (HSAs) to</p> <ul> <li>rename high deductible health plans as HSA-qualified health plans; </li> <li>allow spouses who have both attained age 55 to make catch-up contributions to the same HSA; </li> <li>make Medicare Part A (hospital insurance benefits) beneficiaries eligible to participate in an HSA;</li> <li>allow individuals eligible for hospital care or medical services under a program of the Indian Health Service or a tribal organization to participate in an HSA; </li> <li>allow members of a health care sharing ministry to participate in an HSA; </li> <li>allow individuals who receive primary care services in exchange for a fixed periodic fee or payment, or who receive health care benefits from an on-site medical clinic of an employer, to participate in an HSA; </li> <li>include amounts paid for prescription and over-the-counter medicines or drugs as <i>qualified medical expenses</i> for which distributions from an HSA or other tax-preferred savings accounts may be used; </li> <li> increase the limits on HSA contributions to match the sum of the annual deductible and out-of-pocket expenses permitted under a high deductible health plan; and </li> <li>allow HSA distributions to be used to purchase health insurance coverage.</li> </ul> <p>The bill also (1) exempts HSAs from creditor claims in bankruptcy, and (2) reauthorizes Medicaid health opportunity accounts. </p> <p>The bill allows a medical care tax deduction for (1) exercise equipment, physical fitness programs, and membership at a fitness facility; (2) nutritional and dietary supplements; and (3) periodic fees paid to a primary care physician and amounts paid for pre-paid primary care services.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1158
To amend the Internal Revenue Code of 1986 to improve access to health
care through expanded health savings accounts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Rubio (for himself and Mr. Scott of South Carolina) 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 improve access to health
care through expanded health savings accounts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Health Savings Act
of 2023''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title, etc.
TITLE I--RENAMING HIGH DEDUCTIBLE HEALTH PLANS
Sec. 101. High deductible health plans renamed HSA-qualified health
plans.
TITLE II--ENHANCING ACCESS TO TAX-PREFERRED HEALTH ACCOUNTS
Sec. 201. Allow both spouses to make catch-up contributions to the same
HSA account.
Sec. 202. Provisions relating to Medicare.
Sec. 203. Individuals eligible for Indian Health Service assistance.
Sec. 204. Members of health care sharing ministries eligible to
establish health savings accounts.
Sec. 205. Treatment of direct primary care service arrangements.
Sec. 206. Individuals eligible for on-site medical clinic coverage.
Sec. 207. Treatment of embedded deductibles.
TITLE III--IMPROVING COVERAGE UNDER TAX-PREFERRED HEALTH ACCOUNTS
Sec. 301. Purchase of health insurance from HSA account.
Sec. 302. Special rule for certain medical expenses incurred before
establishment of account.
Sec. 303. Preventive care prescription drug clarification.
TITLE IV--MISCELLANEOUS PROVISIONS RELATING TO TAX-PREFERRED HEALTH
ACCOUNTS
Sec. 401. FSA and HRA interaction with HSAs.
Sec. 402. Equivalent bankruptcy protections for health savings accounts
as retirement funds.
Sec. 403. Administrative error correction before due date of return.
Sec. 404. Reauthorization of Medicaid health opportunity accounts.
Sec. 405. Maximum contribution limit to health savings account
increased to amount of deductible and out-
of-pocket limitation.
TITLE V--OTHER PROVISIONS
Sec. 501. Certain exercise equipment and physical fitness programs
treated as medical care.
Sec. 502. Certain nutritional and dietary supplements to be treated as
medical care.
Sec. 503. Certain provider fees to be treated as medical care.
TITLE I--RENAMING HIGH DEDUCTIBLE HEALTH PLANS
SEC. 101. HIGH DEDUCTIBLE HEALTH PLANS RENAMED HSA-QUALIFIED HEALTH
PLANS.
(a) In General.--Section 223 is amended by striking ``high
deductible health plan'' each place it appears and inserting ``HSA-
qualified health plan''.
(b) Conforming Amendments.--
(1) The heading for paragraph (2) of section 223(c) is
amended by striking ``High deductible health plan'' and
inserting ``HSA-qualified health plan''.
(2) Section 408(d)(9) is amended--
(A) by striking ``high deductible health plan''
each place it appears in subparagraph (C) and inserting
``HSA-qualified health plan''; and
(B) by striking ``High deductible health plan'' in
the heading of subparagraph (D) and inserting ``HSA-
qualified health plan''.
(3) Section 106(e) is amended--
(A) by striking ``High deductible health plan'' in
the heading of paragraph (3) and inserting ``HSA-
qualified health plan''; and
(B) by striking ``high deductible health plan'' in
paragraph (5)(B)(ii) and inserting ``HSA-qualified
health plan''.
TITLE II--ENHANCING ACCESS TO TAX-PREFERRED HEALTH ACCOUNTS
SEC. 201. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HSA ACCOUNT.
(a) In General.--Paragraph (5) of section 223(b) is amended to read
as follows:
``(5) Special rule for married individuals with family
coverage.--
``(A) In general.--In the case of individuals who
are married to each other, if both spouses are eligible
individuals and either spouse has family coverage under
an HSA-qualified health plan as of the first day of any
month--
``(i) the limitation under paragraph (1)
shall be applied by not taking into account any
other HSA-qualified health plan coverage of
either spouse (and if such spouses both have
family coverage under separate HSA-qualified
health plans, only one such coverage shall be
taken into account),
``(ii) such limitation (after application
of clause (i)) shall be reduced by the
aggregate amount paid to Archer MSAs of such
spouses for the taxable year, and
``(iii) such limitation (after application
of clauses (i) and (ii)) shall be divided
equally between such spouses unless they agree
on a different division.
``(B) Treatment of additional contribution
amounts.--If both spouses referred to in subparagraph
(A) have attained age 55 before the close of the
taxable year, the limitation referred to in
subparagraph (A)(iii) which is subject to division
between the spouses shall include the additional
contribution amounts determined under paragraph (3) for
both spouses. In any other case, any additional
contribution amount determined under paragraph (3)
shall not be taken into account under subparagraph
(A)(iii) and shall not be subject to division between
the spouses.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 202. PROVISIONS RELATING TO MEDICARE.
(a) Individuals Over Age 65 Only Enrolled in Medicare Part A.--
Paragraph (7) of section 223(b) is amended by adding at the end the
following: ``This paragraph shall not apply to any individual during
any period for which the individual's only entitlement to such benefits
is an entitlement to hospital insurance benefits under part A of title
XVIII of such Act pursuant to an enrollment for such hospital insurance
benefits under section 226(a) of such Act.''.
(b) Medicare Beneficiaries Participating in Medicare Advantage MSA
May Contribute Their Own Money to Their MSA.--Subsection (b) of section
138 is amended by striking paragraph (2) and by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 203. INDIVIDUALS ELIGIBLE FOR INDIAN HEALTH SERVICE ASSISTANCE.
(a) In General.--Paragraph (1) of section 223(c) is amended by
adding at the end the following new subparagraph:
``(E) Special rule for individuals eligible for
assistance under indian health service programs.--For
purposes of subparagraph (A)(ii), an individual shall
not be treated as covered under a health plan described
in such subparagraph merely because the individual
receives hospital care or medical services under a
medical care program of the Indian Health Service or of
a tribal organization.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 204. MEMBERS OF HEALTH CARE SHARING MINISTRIES ELIGIBLE TO
ESTABLISH HEALTH SAVINGS ACCOUNTS.
(a) In General.--Section 223 is amended by adding at the end the
following new subsection:
``(i) Application to Health Care Sharing Ministries.--For purposes
of this section, membership in a health care sharing ministry (as
defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage
under an HSA-qualified health plan.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 205. TREATMENT OF DIRECT PRIMARY CARE SERVICE ARRANGEMENTS.
(a) In General.--Section 223(c) is amended by adding at the end the
following new paragraph:
``(6) Treatment of direct primary care service
arrangements.--An arrangement under which an individual is
provided coverage restricted to primary care services in
exchange for a fixed periodic fee or payment for primary care
services--
``(A) shall not be treated as a health plan for
purposes of paragraph (1)(A)(ii), and
``(B) shall not be treated as insurance for
purposes of subsection (d)(2)(B).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 206. INDIVIDUALS ELIGIBLE FOR ON-SITE MEDICAL CLINIC COVERAGE.
(a) In General.--Paragraph (1) of section 223(c), as amended by
sections 203, is amended by adding at the end the following new
subparagraph:
``(F) Special rule for individuals eligible for on-
site medical clinic coverage.--
``(i) In general.--For purposes of
subparagraph (A)(ii), an individual shall not
be treated as covered under a health plan
described in such subparagraph merely because
the individual is eligible to receive health
care benefits from an on-site medical clinic of
employer of the individual or the individual's
spouse if such health care benefits are not
significant benefits.
``(ii) Included benefits.--For purposes of
clause (i), the following health care benefits
shall be considered to be benefits which are
not significant benefits:
``(I) Physicals and immunizations.
``(II) Injecting antigens provided
by employees.
``(III) Medications available
without a prescription, such as pain
relievers and antihistamines.
``(IV) Treatment for injuries
occurring at the employer's place of
employment or otherwise in the course
of employment.
``(V) Tests for infectious diseases
and conditions, such as streptococcal
sore throat.
``(VI) Monitoring of chronic
conditions, such as diabetes.
``(VII) Drug testing.
``(VIII) Hearing or vision
screenings and related services.
``(IX) Other services and
treatments of a similar nature to the
services described in subclauses (I)
through (VIII).
``(iii) Aggregation rules.--For purposes of
clause (i), all persons treated as a single
employer under subsection (b), (c), (m), or (o)
of section 414 shall be treated as a single
employer.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 207. TREATMENT OF EMBEDDED DEDUCTIBLES.
(a) In General.--Paragraph (2) of section 223(c) is amended by
adding at the end the following new subparagraph:
``(H) Treatment of embedded deductible.--A health
plan providing family coverage that has an annual
deductible for all covered individuals under the plan
of at least the amount described in subparagraph
(A)(i)(II) shall not fail to be treated as an HSA-
qualified health plan solely because it covers expenses
with respect to an individual under that plan that
exceed an embedded deductible which is equal to or in
excess of the amount described in subparagraph
(A)(i)(I).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
TITLE III--IMPROVING COVERAGE UNDER TAX-PREFERRED HEALTH ACCOUNTS
SEC. 301. PURCHASE OF HEALTH INSURANCE FROM HSA ACCOUNT.
(a) In General.--Paragraph (2) of section 223(d) is amended--
(1) by striking ``and any dependent (as defined in section
152, determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof) of such individual'' in subparagraph (A)
and inserting ``any dependent (as defined in section 152,
determined without regard to subsections (b)(1), (b)(2), and
(d)(1)(B) thereof) of such individual, and any child (as
defined in section 152(f)(1)) of such individual who has not
attained the age of 27 before the end of such individual's
taxable year'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Health insurance may not be purchased from
account.--Except as provided in subparagraph (C),
subparagraph (A) shall not apply to any payment for
insurance.''; and
(3) by striking ``or'' at the end of subparagraph (C)(iii)
and by striking subparagraph (C)(iv) and inserting the
following:
``(iv) an HSA-qualified health plan, or
``(v) any health insurance under title
XVIII of the Social Security Act, other than a
Medicare supplemental policy (as defined in
section 1882 of such Act).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to insurance purchased after the date of the
enactment of this Act in taxable years beginning after such date.
SEC. 302. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF ACCOUNT.
(a) In General.--Paragraph (2) of section 223(d) is amended by
adding at the end the following new subparagraph:
``(E) Treatment of certain medical expenses
incurred before establishment of account.--If a health
savings account is established during the 60-day period
beginning on the date that coverage of the account
beneficiary under an HSA-qualified health plan begins,
then, solely for purposes of determining whether an
amount paid is used for a qualified medical expense,
such account shall be treated as having been
established on the date that such coverage begins.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to coverage beginning after the date of the enactment of
this Act.
SEC. 303. PREVENTIVE CARE PRESCRIPTION DRUG CLARIFICATION.
(a) Clarify Use of Drugs in Preventive Care.--Subparagraph (C) of
section 223(c)(2) is amended by adding at the end the following:
``Preventive care shall include prescription and over-the-counter drugs
and medicines which have the primary purpose of preventing the onset
of, further deterioration from, or complications associated with
chronic conditions, illnesses, or diseases.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2023.
TITLE IV--MISCELLANEOUS PROVISIONS RELATING TO TAX-PREFERRED HEALTH
ACCOUNTS
SEC. 401. FSA AND HRA INTERACTION WITH HSAS.
(a) Eligible Individuals Include FSA and HRA Participants.--
Subparagraph (B) of section 223(c)(1) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``, and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) coverage under a health flexible
spending arrangement or a health reimbursement
arrangement in the plan year a qualified HSA
distribution as described in section 106(e) is
made on behalf of the individual if, after the
qualified HSA distribution is made and for the
remaining duration of the plan year, the
coverage provided under the arrangement is
converted solely to one or more of the
following:
``(I) Post-deductible fsa or hra.--
A health flexible spending arrangement
or a health reimbursement arrangement
that does not pay or reimburse any
medical expense incurred before the
minimum annual deductible under
paragraph (2)(A)(i) (prorated for the
period occurring after the qualified
HSA distribution is made) is satisfied.
``(II) Preventative care.--A health
flexible spending arrangement or a
health reimbursement arrangement that,
after the qualified HSA distribution is
made, does not pay or reimburse any
medical expense incurred after the
qualified HSA distribution is made
other than preventive care as defined
in paragraph (2)(C).
``(III) Limited purpose health
fsa.--A health flexible spending
arrangement that, after the qualified
HSA distribution is made, pays or
reimburses benefits for coverage
described in clause (ii) (but not
through insurance or for long-term care
services).
``(IV) Limited purpose hra.--A
health reimbursement arrangement that,
after the qualified HSA distribution is
made, pays or reimburses benefits for
permitted insurance or coverage
described in clause (ii) (but not for
long-term care services).
``(V) Retirement hra.--A health
reimbursement arrangement that, after
the qualified HSA distribution is made,
pays or reimburses only those medical
expenses incurred after an individual's
retirement (and no expenses incurred
before retirement).
``(VI) Suspended hra.--A health
reimbursement arrangement that, after
the qualified HSA distribution is made,
is suspended, pursuant to an election
made on or before the date the
individual elects a qualified HSA
distribution or, if later, on the date
of the individual enrolls in an HSA-
qualified health plan, that does not
pay or reimburse, at any time, any
medical expense incurred during the
suspension period except as described
in the preceding subclauses of this
clause.''.
(b) Qualified HSA Distribution Shall Not Affect Flexible Spending
Arrangement.--Paragraph (1) of section 106(e) is amended to read as
follows:
``(1) In general.--A plan shall not fail to be treated as--
``(A) a health flexible spending arrangement under
this section, section 105, or section 125,
``(B) a health reimbursement arrangement under this
section or section 105, or
``(C) an accident or health plan,
merely because such plan provides for a qualified HSA
distribution.''.
(c) FSA Balances at Year End Shall Not Forfeit.--Paragraph (2) of
section 125(d) is amended by adding at the end the following new
subparagraph:
``(E) Exception for qualified hsa distributions.--
Subparagraph (A) shall not apply to the extent that
there is an amount remaining in a health flexible
spending account at the end of a plan year that an
individual elects to contribute to a health savings
account pursuant to a qualified HSA distribution (as
defined in section 106(e)(2)).''.
(d) Simplification of Limitations on FSA and HRA Rollovers.--
Paragraph (2) of section 106(e) is amended to read as follows:
``(2) Qualified hsa distribution.--
``(A) In general.--The term `qualified HSA
distribution' means a distribution from a health
flexible spending arrangement or health reimbursement
arrangement directly to a health savings account of the
employee to the extent that such distribution does not
exceed the lesser of--
``(i) the balance in such arrangement as of
the date of such distribution, or
``(ii) the amount determined under
subparagraph (B).
Such term shall not include more than 1 distribution
with respect to any arrangement.
``(B) Dollar limitations.--
``(i) Distributions from a health flexible
spending arrangement.--A qualified HSA
distribution from a health flexible spending
arrangement shall not exceed the applicable
amount.
``(ii) Distributions from a health
reimbursement arrangement.--A qualified HSA
distribution from a health reimbursement
arrangement shall not exceed--
``(I) the applicable amount divided
by 12, multiplied by
``(II) the number of months during
which the individual is a participant
in the health reimbursement
arrangement.
``(iii) Applicable amount.--For purposes of
this subparagraph, the applicable amount is--
``(I) $2,250 in the case of an
eligible individual who has self-only
coverage under an HSA-qualified health
plan at the time of such distribution,
and
``(II) $4,500 in the case of an
eligible individual who has family
coverage under an HSA-qualified health
plan at the time of such
distribution.''.
(e) Elimination of Additional Tax for Failure To Maintain HSA-
Qualified Health Plan Coverage.--Subsection (e) of section 106, as
amended by section 101, is amended--
(1) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively, and
(2) by striking subparagraph (A) of paragraph (3), as so
redesignated, and redesignating subparagraphs (B) and (C) of
such paragraph as subparagraphs (A) and (B) thereof,
respectively.
(f) Limited Purpose FSAs and HRAs.--Subsection (e) of section 106,
as amended by this section, is amended by adding at the end the
following new paragraph:
``(5) Limited purpose fsas and hras.--A plan shall not fail
to be a health flexible spending arrangement, a health
reimbursement arrangement, or an accident or health plan under
this section or section 105 merely because the plan converts
coverage for individuals who enroll in an HSA-qualified health
plan described in section 223(c)(2) to coverage described in
subclause (I), (II), (III), (IV), (V), or (VI) of section
223(c)(1)(B)(iv). Coverage for such individuals may be
converted as of the date of enrollment in the HSA-qualified
health plan, without regard to the period of coverage under the
health flexible spending arrangement or health reimbursement
arrangement, and without requiring any change in coverage to
individuals who do not enroll in an HSA-qualified health
plan.''.
(g) Distribution Amounts Adjusted for Cost-of-Living.--Subsection
(e) of section 106, as amended by this section, is amended by adding at
the end the following new paragraph:
``(6) Cost-of-living adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2024, each of the
dollar amounts in paragraph (2)(B)(iii) shall be
increased by an amount equal to such dollar amount,
multiplied by the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins by substituting `calendar year
2023' for `calendar year 2016' in subparagraph (A)(ii)
thereof.
``(B) Rounding.--If any increase under paragraph
(1) is not a multiple of $50, such increase shall be
rounded to the nearest multiple of $50.''.
(h) Disclaimer of Disqualifying Coverage.--Subparagraph (B) of
section 223(c)(1), as amended by this section, is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``, and''; and
(3) by inserting after clause (iv) the following new
clause:
``(v) any coverage (including prospective
coverage) under a health plan that is not an
HSA-qualified health plan which is disclaimed
in writing, at the time of the creation or
organization of the health savings account,
including by execution of a trust described in
subsection (d)(1) through a governing
instrument that includes such a disclaimer, or
by acceptance of an amendment to such a trust
that includes such a disclaimer.''.
(i) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 402. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS
AS RETIREMENT FUNDS.
(a) In General.--Section 522 of title 11, United States Code, is
amended by adding at the end the following new subsection:
``(r) Treatment of Health Savings Accounts.--For purposes of this
section, any health savings account (as described in section 223 of the
Internal Revenue Code of 1986) shall be treated in the same manner as
an individual retirement account described in section 408 of such
Code.''.
(b) Effective Date.--The amendment made by this section shall apply
to cases commencing under title 11, United States Code, after the date
of the enactment of this Act.
SEC. 403. ADMINISTRATIVE ERROR CORRECTION BEFORE DUE DATE OF RETURN.
(a) In General.--Paragraph (4) of section 223(f) is amended by
adding at the end the following new subparagraph:
``(D) Exception for administrative errors corrected
before due date of return.--Subparagraph (A) shall not
apply if any payment or distribution is made to correct
an administrative, clerical, or payroll contribution
error and if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 404. REAUTHORIZATION OF MEDICAID HEALTH OPPORTUNITY ACCOUNTS.
(a) In General.--Section 1938 of the Social Security Act (42 U.S.C.
1396u-8) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Initial demonstration.--The Secretary shall approve
States to conduct demonstration programs under this section for
a 5-year period, with each State demonstration program covering
one or more geographic areas specified by the State. With
respect to a State, after the initial 5-year period of any
demonstration program conducted under this section by the
State, unless the Secretary finds, taking into account cost-
effectiveness and quality of care, that the State demonstration
program has been unsuccessful, the demonstration program may be
extended or made permanent in the State.''; and
(B) in paragraph (3), in the matter preceding
subparagraph (A)--
(i) by striking ``not''; and
(ii) by striking ``unless'' and inserting
``if'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting ``clause (i)
through (vii), (viii) (without regard to the amendment
made by section 2004(c)(2) of Public Law 111-148), (x),
or (xi) of'' after ``described in''; and
(B) by striking paragraphs (4), (5), and (6);
(3) in subsection (c)--
(A) by striking paragraphs (3) and (4);
(B) by redesignating paragraphs (5) through (8) as
paragraphs (3) through (6), respectively; and
(C) in paragraph (4) (as redesignated by
subparagraph (B)), by striking ``Subject to
subparagraphs (D) and (E)'' and inserting ``Subject to
subparagraph (D)''; and
(4) in subsection (d)--
(A) in paragraph (2), by striking subparagraph (E);
and
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking
``Subject to subparagraph (B)(ii), in'' and
inserting ``In''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Maintenance of health opportunity account
after becoming ineligible for public benefit.--
Notwithstanding any other provision of law, if an
account holder of a health opportunity account becomes
ineligible for benefits under this title because of an
increase in income or assets--
``(i) no additional contribution shall be
made into the account under paragraph
(2)(A)(i); and
``(ii) the account shall remain available
to the account holder for 3 years after the
date on which the individual becomes ineligible
for such benefits for withdrawals under the
same terms and conditions as if the account
holder remained eligible for such benefits, and
such withdrawals shall be treated as medical
assistance in accordance with subsection
(c)(4).''.
(b) Conforming Amendment.--Section 613 of Public Law 111-3 is
repealed.
SEC. 405. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT
INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET
LIMITATION.
(a) Self-Only Coverage.--Section 223(b)(2)(A) is amended by
striking ``$2,250'' and inserting ``the amount in effect under
subsection (c)(2)(A)(ii)(I)''.
(b) Family Coverage.--Section 223(b)(2)(B) is amended by striking
``$4,500'' and inserting ``the amount in effect under subsection
(c)(2)(A)(ii)(II)''.
(c) Conforming Amendments.--Section 223(g)(1) is amended--
(1) by striking ``subsections (b)(2) and'' both places it
appears and inserting ``subsection''; and
(2) by striking ``determined by'' in subparagraph (B)
thereof and all that follows through ```calendar year 2003'.''
and inserting ``determined by substituting `calendar year 2003'
for `calendar year 2016' in subparagraph (A)(ii) thereof.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
TITLE V--OTHER PROVISIONS
SEC. 501. CERTAIN EXERCISE EQUIPMENT AND PHYSICAL FITNESS PROGRAMS
TREATED AS MEDICAL CARE.
(a) In General.--Subsection (d) of section 213 is amended by adding
at the end the following new paragraph:
``(12) Exercise equipment and physical fitness activity.--
``(A) In general.--The term `medical care' shall
include amounts paid--
``(i) for equipment for use in a program
(including a self-directed program) of physical
exercise or physical activity,
``(ii) to participate, or receive
instruction, in a program of physical exercise,
nutrition, or health coaching (including a
self-directed program), and
``(iii) for membership at a fitness
facility.
``(B) Overall dollar limitation.--
``(i) In general.--Amounts treated as
medical care under subparagraph (A) shall not
exceed $1,000 with respect to any individual
for any taxable year.
``(ii) Exception.--Clause (i) shall not
apply for purposes of determining whether
expenses reimbursed through a health flexible
spending arrangement subject to section
125(i)(1) are incurred for medical care.
``(C) Limitations related to sports and fitness
equipment.--Amounts paid for equipment described in
subparagraph (A)(i) shall be treated as medical care
only--
``(i) if such equipment is utilized
exclusively for participation in fitness,
exercise, sport, or other physical activity
programs,
``(ii) if such equipment is not apparel or
footwear, and
``(iii) in the case of any item of sports
equipment (other than exercise equipment), with
respect to so much of the amount paid for such
item as does not exceed $250.
``(D) Fitness facility defined.--For purposes of
subparagraph (A)(iii), the term `fitness facility'
means a facility--
``(i) providing instruction in a program of
physical exercise, offering facilities for the
preservation, maintenance, encouragement, or
development of physical fitness, or serving as
the site of such a program of a State or local
government,
``(ii) which is not a private club owned
and operated by its members,
``(iii) which does not offer golf, hunting,
sailing, or riding facilities,
``(iv) whose health or fitness facility is
not incidental to its overall function and
purpose, and
``(v) which is fully compliant with the
State of jurisdiction and Federal anti-
discrimination laws.''.
(b) Limitation Not To Apply for Certain Purposes.--
(1) Health savings accounts.--Subparagraph (A) of section
223(d)(2) is amended by inserting ``, determined without regard
to paragraph (12)(B) thereof'' after ``medical care (as defined
in section 213(d)''.
(2) Archer msas.--Subparagraph (A) of section 220(d)(2) is
amended by inserting ``, determined without regard to paragraph
(12)(B) thereof'' after ``medical care (as defined in section
213(d)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 502. CERTAIN NUTRITIONAL AND DIETARY SUPPLEMENTS TO BE TREATED AS
MEDICAL CARE.
(a) In General.--Subsection (d) of section 213, as amended by
section 501, is amended by adding at the end the following new
paragraph:
``(13) Nutritional and dietary supplements.--
``(A) In general.--The term `medical care' shall
include amounts paid to purchase herbs, vitamins,
minerals, homeopathic remedies, meal replacement
products, and other dietary and nutritional
supplements.
``(B) Limitation.--Amounts treated as medical care
under subparagraph (A) shall not exceed $1,000 with
respect to any individual for any taxable year.
``(C) Meal replacement product.--For purposes of
this paragraph, the term `meal replacement product'
means any product that--
``(i) is permitted to bear labeling making
a claim described in section 403(r)(3) of the
Federal Food, Drug, and Cosmetic Act, and
``(ii) is permitted to claim under such
section that such product is low in fat and is
a good source of protein, fiber, and multiple
essential vitamins and minerals.
``(D) Exception.--Subparagraph (B) shall not apply
for purposes of determining whether expenses reimbursed
through a health flexible spending arrangement subject
to section 125(i)(1) are incurred for medical care.''.
(b) Limitation Not To Apply for Certain Purposes.--
(1) Health savings accounts.--Subparagraph (A) of section
223(d)(2), as amended by section 501, is amended by striking
``paragraph (12)(B)'' and inserting ``paragraphs (12)(B) and
(13)(B)''.
(2) Archer msas.--Subparagraph (A) of section 220(d)(2), as
amended by section 501, is amended by striking ``paragraph
(12)(B)'' and inserting ``paragraphs (12)(B) and (13)(B)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 503. CERTAIN PROVIDER FEES TO BE TREATED AS MEDICAL CARE.
(a) In General.--Subsection (d) of section 213, as amended by
sections 501 and 502, is amended by adding at the end the following new
paragraph:
``(14) Periodic provider fees.--The term `medical care'
shall include--
``(A) periodic fees paid to a primary care
physician for a defined set of medical services or the
right to receive medical services on an as-needed
basis, and
``(B) pre-paid primary care services designed to
screen for, diagnose, cure, mitigate, treat, or prevent
disease and promote wellness.''.
(b) Exception for Flexible Spending Accounts.--Section 125 is
amended by redesignating subsections (k) and (l) as subsections (l) and
(m), respectively, and by inserting after subsection (j) the following
new subsection:
``(k) Special Rule With Respect to Health Flexible Spending
Arrangements.--For purposes of applying this with respect to any health
flexible spending arrangement, amounts described in section 213(d)(14)
shall not be considered insurance.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
<all>
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118S1159 | Small LENDER Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1159 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1159
To amend the Equal Credit Opportunity Act to modify the requirements
associated with small business loan data collection, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Boozman (for himself, Mr. Daines, Ms. Lummis, Mr. Cramer, Mr.
Grassley, and Mr. Kennedy) introduced the following bill; which was
read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To amend the Equal Credit Opportunity Act to modify the requirements
associated with small business loan data collection, and for other
purposes.
Be it enacted by the Senate 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 Lenders Exempt from New Data
and Excessive Reporting Act'' or the ``Small LENDER Act''.
SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION.
Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c-
2) is amended--
(1) in subsection (g), by adding at the end the following:
``(4) Compliance.--
``(A) In general.--With respect to any rules or
guidance issued under this subsection on or after the
date of enactment of this paragraph, the Bureau shall
provide a financial institution a 3-year period to
comply with that rule or guidance, regardless of the
date on which that financial institution began the
operations of the financial institution.
``(B) Safe harbor.--With respect to any rules or
guidance issued under this subsection on or after the
date of enactment of this paragraph, beginning on the
date after the last day of the 3-year period described
in subparagraph (A), the Bureau shall provide a 2-year
safe harbor to financial institutions during which each
such financial institution shall be required to comply
with the rule or guidance but shall not be subject to
any penalties for failure to comply.''; and
(2) in subsection (h)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Financial institution.--The term `financial
institution' means any partnership, company, corporation,
association (incorporated or unincorporated), trust, estate,
cooperative organization, or other entity that--
``(A) engages in any financial activity; and
``(B) in each of the 2 calendar years preceding the
first day of the safe harbor period described in
subsection (g)(4)(B), originated not less than 500
credit transactions for small businesses.''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Small business.--The term `small business' means any
entity with gross annual revenues of not more than $1,000,000
in the most recently completed fiscal year preceding the first
day of the safe harbor period described in subsection
(g)(4)(B).''.
<all>
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118S116 | The Hurricanes of 2022 Disaster Relief Rectification Act | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] | <p><b>The Hurricanes of 2022 Disaster Relief Rectification Act</b></p> <p>The bill rescinds certain unobligated disaster relief funds that were provided by the Disaster Relief Supplemental Appropriations Act, 2023 and provides additional funding to assist states, territories, and federal facilities impacted by Hurricanes Fiona, Ian, or Nicole.</p> <p>The bill also modifies various policies and programs related to disaster assistance, including to </p> <ul> <li>allow certain disaster relief funds to be provided as block grants to eligible states and territories, </li> <li> require the Federal Emergency Management Agency (FEMA) to reimburse local governments and electric cooperatives for certain interest payments for loans related to disasters, </li> <li>establish a process for states to request waivers of restrictions related to the deployment of FEMA travel trailers or manufactured housing units in flood hazard areas,</li> <li>establish a pilot program under which FEMA may make grants to Florida for elevating structures located in areas that have special flood hazards or in other areas of flood risk, and</li> <li>require the Department of Agriculture to make specified revisions to the regulations for the Emergency Watershed Protection Program. </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 116 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 116
To amend the Disaster Relief Supplemental Appropriations Act, 2023 to
improve disaster relief funding, 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
Appropriations
_______________________________________________________________________
A BILL
To amend the Disaster Relief Supplemental Appropriations Act, 2023 to
improve disaster relief funding, and for other purposes.
Be it enacted by the Senate 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 Hurricanes of 2022 Disaster
Relief Rectification Act''.
SEC. 2. DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2023
AMENDMENTS.
(a) Department of Agriculture.--Title I of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended, in the matter under the heading ``Office of the
Secretary'' under the heading ``Processing, Research and Marketing''
under the heading ``AGRICULTURAL PROGRAMS'' under the heading
``DEPARTMENT OF AGRICULTURE'' , by inserting ``: Provided further, That
the Secretary of Agriculture may provide assistance for losses
described under this heading in this Act in the form of block grants to
eligible States and territories'' before the period at the end.
(b) Fisheries Disaster Assistance.--Title II of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328) is amended in the matter under the heading ``fisheries disaster
assistance'' under the heading ``National Oceanic and Atmospheric
Administration'' under the heading ``DEPARTMENT OF COMMERCE'' by
inserting ``: Provided further, That the Secretary may use such funds
to provide assistance in the form of block grants to States and
territories impacted by Hurricanes Fiona, Ian, and Nicole'' before the
period at the end.
(c) National Aeronautics and Space Administration.--Title II of the
Disaster Relief Supplemental Appropriations Act, 2023 (division N of
Public Law 117-328) is amended, in the matter under the heading
``construction and environmental compliance and restoration'' under the
heading ``National Aeronautics and Space Administration'' under the
heading ``SCIENCE'', by striking ``For an additional amount for
`Construction and Environmental Compliance and Restoration',
$367,000,000, to remain available until September 30, 2028.'' and
inserting ``For an additional amount for `Construction and
Environmental Compliance and Restoration' for environmental
improvements, ecosystem restoration, and hurricane risk reduction
improvements at National Aeronautics and Space Administration
facilities damaged by Hurricanes Ian and Nicole, $367,000,000, to
remain available until September 30, 2028: Provided, That the
Administrator of the National Aeronautics and Space Administration may
enter into cooperative agreements with the managers of Federal land
bordering such facilities, including estuaries designated under section
320 of the Federal Water Pollution Control Act (33 U.S.C. 1330), to
advance such efforts.''.
(d) Rescission of National Science Foundation Funds.--
(1) Research and related activities.--Of the unobligated
balances of amounts made available for ``Research and Related
Activities'', under the heading ``National Science Foundation''
under title II of the Disaster Relief Supplemental
Appropriations Act, 2023 (division N of Public Law 117-328),
$818,162,000 are rescinded.
(2) STEM education.--Of the unobligated balances of amounts
made available for ``STEM Education'', under the heading
``National Science Foundation'' under title II of the Disaster
Relief Supplemental Appropriations Act, 2023 (division N of
Public Law 117-328), $217,000,000 are rescinded.
(e) Department of the Interior.--Title VII of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended--
(1) in the matter under the heading ``construction'' under
the heading ``United States Fish and Wildlife Service'' under
the heading ``DEPARTMENT OF THE INTERIOR'', by striking
``2023'' and inserting ``2022'';
(2) in the matter under the heading ``construction'' under
the heading ``National Park Service'' under the heading
``DEPARTMENT OF THE INTERIOR'', by striking ``2023'' and
inserting ``2022'';
(3) in the matter under the heading ``surveys,
investigations, and research'' under the heading ``United
States Geological Survey'' under the heading ``DEPARTMENT OF
THE INTERIOR'', by striking ``2023'' and inserting ``2022'';
(4) in the matter under the heading ``operation of indian
programs'' under the heading ``Bureau of Indian Affairs'' under
the heading ``Indian Affairs'' under the heading ``DEPARTMENT
OF THE INTERIOR'', by striking ``2023'' and inserting ``2022'';
and
(5) in the matter under the heading ``construction'' under
the heading ``Bureau of Indian Affairs'' under the heading
``Indian Affairs'' under the heading ``DEPARTMENT OF THE
INTERIOR'', by striking ``2023'' and inserting ``2022''.
(f) State and Tribal Assistance Grants.--The first paragraph under
the heading ``State and Tribal Assistance Grants'' under the heading
``ENVIRONMENTAL PROTECTION AGENCY'' in title VII of the Disaster Relief
Supplemental Appropriations Act, 2023 (division N of Public Law 117-
328), is amended, in the third proviso, by striking ``shall use'' and
inserting ``may use up to''.
SEC. 3. APPROPRIATION OF RESCINDED FUNDS.
(a) Department of Agriculture.--
(1) Agricultural land easements.--There is appropriated to
the Secretary of Agriculture, out of any amounts in the
Treasury not otherwise appropriated, $200,000,000, to remain
available until expended, for the acquisition of agricultural
land easements under subtitle H of the Food Security Act of
1985 (16 U.S.C. 3865 et seq.) in a State impacted by Hurricane
Fiona, Hurricane Ian, or Hurricane Nicole.
(2) Emergency watershed program.--
(A) In general.--There is appropriated to the
Secretary of Agriculture, out of any amounts in the
Treasury not otherwise appropriated, $110,000,000, to
remain available until expended, to undertake emergency
watershed protection measures under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) in a
State impacted by Hurricane Fiona, Hurricane Ian, or
Hurricane Nicole.
(B) Coastal flood risk reduction.--The Secretary of
Agriculture may use amounts appropriated by
subparagraph (A) to reduce flood risk in a coastal
community by removing sediment or other impediments
from a canal or canal system.
(b) Department of Commerce.--
(1) Operations, research, and facilities of the national
oceanic and atmospheric administration.--In addition to amounts
otherwise available, there is appropriated to the National
Oceanic and Atmospheric Administration for fiscal year 2023,
out of any money in the Treasury not otherwise appropriated,
$30,000,000, to remain available until expended, for
``Operations, Research, and Facilities'' for--
(A) expenses related to the consequences of
Hurricanes Fiona, Ian, and Nicole; and
(B) to improve hurricane intensity and storm surge
forecasting and mitigation, including through ocean
observing platforms and storm surge gauges.
(2) Coastal and estuarine land conservation program.--In
addition to amounts otherwise available, there is appropriated
to the Department of Commerce for fiscal year 2023, out of any
money in the Treasury not otherwise appropriated, $30,162,000,
to remain available until expended, to conduct the Coastal and
Estuarine Land Conservation Program under section 307A of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456-1) with
respect to States impacted by Hurricanes Fiona, Ian, and
Nicole.
(3) Marine debris assessment and removal and ecosystem
restoration.--In addition to amounts otherwise available, there
is appropriated to the Department of Commerce for fiscal year
2023, out of any money in the Treasury not otherwise
appropriated, $40,000,000, to remain available until expended,
for marine debris assessment and removal and marine and
estuarine ecosystem restoration monitoring efforts in States
impacted by Hurricanes Fiona, Ian, and Nicole.
(c) Corps of Engineers.--
(1) Investigations.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain
available until expended, for necessary expenses
related to the completion, or initiation and
completion, of high priority flood and storm damage
reduction, including shore protection, studies that are
authorized before, on, or after the date of enactment
of this Act in States and insular areas that were
impacted by Hurricane Fiona, Hurricane Ian, or
Hurricane Nicole, to reduce risks from future floods
and hurricanes.
(B) Cost share.--The Federal share of the cost of a
study carried out with amounts made available under
this paragraph shall be 100 percent.
(C) Work plan; reporting.--
(i) Work plan.--Not later than 60 days
after the date of enactment of this Act, the
Chief of Engineers shall submit to the
Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives a detailed work plan for the
funds provided under this paragraph,
including--
(I) a list of study locations;
(II) a list of new studies selected
to be initiated;
(III) the total cost for all
studies;
(IV) the remaining cost for all
ongoing studies; and
(V) a schedule by fiscal year of
proposed use of those funds.
(ii) No deviation.--The Secretary of the
Army shall not deviate from the work plan once
the plan has been submitted to the Committee on
Appropriations of the Senate and the Committee
on Appropriations of the House of
Representatives under clause (i).
(iii) Reporting.--Beginning not later than
60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report to
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives detailing the
allocation and obligation of the funds provided
under this paragraph.
(2) Construction.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $300,000,000, to remain
available until expended, to construct--
(i) priority flood and storm damage
reduction, including shore protection, projects
that are authorized before, on, or after the
date of enactment of this Act; and
(ii) flood and storm damage reduction,
including shore protection, projects that--
(I) have signed Chief's Reports as
of the date of enactment of this Act;
or
(II) are studied using funds made
available under paragraph (1), if the
Secretary of the Army determines the
project to be technically feasible,
economically justified, and
environmentally acceptable, in States
and insular areas that were impacted by
Hurricane Ian, Hurricane Fiona, or
Hurricane Nicole.
(B) New starts.--The Secretary of the Army may
initiate additional new construction starts with
amounts made available under this paragraph.
(C) Work plan; reporting.--
(i) Work plan.--Not later than 60 days
after the date of enactment of this Act, the
Chief of Engineers shall submit to the
Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives a detailed work plan for the
funds provided under this paragraph,
including--
(I) a list of study locations;
(II) a list of new studies selected
to be initiated;
(III) the total cost for all
studies;
(IV) the remaining cost for all
ongoing studies; and
(V) a schedule by fiscal year of
proposed use of those funds.
(ii) No deviation.--The Secretary of the
Army shall not deviate from the work plan once
the plan has been submitted to the Committee on
Appropriations of the Senate and the Committee
on Appropriations of the House of
Representatives under clause (i).
(iii) Reporting.--Beginning not later than
60 days after the date of enactment of this
Act, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report to
the Committee on Appropriations of the Senate
and the Committee on Appropriations of the
House of Representatives detailing the
allocation and obligation of the funds provided
under this paragraph.
(3) Flood control and coastal emergencies.--
(A) In general.--In addition to amounts otherwise
available, there is appropriated to the Secretary of
the Army, out of any money in the Treasury not
otherwise appropriated, $100,000,000, to remain
available until expended, for flood control and coastal
emergencies as authorized by section 5 of the Act of
August 18, 1941 (commonly known as the ``Flood Control
Act of 1941'') (55 Stat. 650, chapter 377; 33 U.S.C.
701n), in States and insular areas that were impacted
by Hurricane Ian, Hurricane Fiona, or Hurricane Nicole,
including for necessary expenses to prepare for floods,
hurricanes, and natural disasters, and to support
emergency operations, repairs, and other activities in
response to those disasters as authorized by law.
(B) Full shoreline project profile restoration.--
Amounts made available under this paragraph that are
used for authorized shore protection projects shall
restore those projects to the full project profile at
full Federal expense.
(C) Reporting.--Beginning not later than 60 days
after the date of enactment of this Act, the Assistant
Secretary of the Army for Civil Works shall provide to
the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of
Representatives a quarterly report detailing the
allocation and obligation of the amounts made available
under this paragraph.
(d) National Park Service.--In addition to amounts otherwise
available, there is appropriated to the Secretary of the Interior for
fiscal year 2023, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until expended, to carry
out activities to reduce the hurricane and flood risk of a federally
recognized Indian Tribe located within a flood-prone area of a unit of
the National Park System, including to carry out activities to reduce
the flood risk of structures contained within an area of a unit of the
National Park System for which a special use permit has been provided.
(e) Environmental Protection Agency.--In addition to amounts
otherwise available, there is appropriated to the Administrator of the
Environmental Protection Agency for fiscal year 2023, out of any money
in the Treasury not otherwise appropriated, $100,000,000 for
environmental restoration and monitoring, to remain available until
expended, including to carry out--
(1) the National Estuary Program under section 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1330) for
estuaries within States and territories impacted by Hurricane
Ian, Hurricane Nicole, or Hurricane Fiona; and
(2) geographic programs of the Environmental Protection
Agency specified in the explanatory statement described in
section 4 of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), that are within States and territories impacted
by Hurricane Ian, Hurricane Nicole, or Hurricane Fiona.
(f) Reconstruction or Rehabilitation of Postal Facilities.--In
addition to amounts otherwise available, there is appropriated to the
United States Postal Service for fiscal year 2023, out of any money in
the Treasury not otherwise appropriated, $10,000,000, to remain
available until expended, for reconstruction or rehabilitation of
facilities of the Postal Service that were destroyed or damaged by
Hurricane Ian, Hurricane Nicole, or Hurricane Fiona.
SEC. 4. GENERAL PROVISIONS.
(a) Reimbursement of Interest Payments Related to Public
Assistance.--
(1) In general.--Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et
seq.) is amended by adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a
lender if such qualifying loan had an interest rate
equal to the prime rate most recently published on the
Federal Reserve Statistical Release on selected
interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a local government or electric
cooperative; and
``(B) of which not less than 90 percent of the
proceeds are used to fund activities for which such
local government or electric cooperative receives
assistance under this Act after the date on which such
loan is disbursed.
``(b) Financial Assistance.--The President, acting through the
Administrator of the Federal Emergency Management Agency, shall provide
financial assistance to a local government or electric cooperative as
reimbursement for qualifying interest.''.
(2) Rule of applicability.--Any qualifying interest (as
such term is defined in section 431 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as added by this
Act) incurred by a local government or electric cooperative in
the 5 years preceding the date of enactment of this Act shall
be treated as eligible for financial assistance for purposes of
such section.
(b) Revision of Pasteurized Orange Juice Standards.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than 30 days after the date of
enactment of this Act, initiate a rulemaking process to
reassess the standard of identity for ``pasteurized
orange juice'', established in section 146.140 of title
21, Code of Federal Regulations; and
(B) not later than 120 days after the date of
enactment of this Act, issue an interim final rule to
amend such standard of identity for ``pasteurized
orange juice'', if, after initiating the rulemaking
process to reassess such standard of identity, the
Secretary determines such standard of identity should
be amended.
(2) Regulation authority.--Nothing in this subsection shall
be construed to limit the authority of the Secretary of Health
and Human Services to promulgate regulations to further amend
the standard of identity for pasteurized orange juice after the
issuance of an interim final rule under paragraph (1)(B).
(c) Army Corps Study Authority.--The Secretary of the Army is
authorized to conduct a feasibility study for each of the studies
recommended in the report of the Corps of Engineers entitled ``South
Atlantic Coastal Study (SACS) Main Report'', dated August 2022.
(d) FEMA Trailer Flood Zone Waiver.--Section 408(c)(1)(B) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)(B)) is amended by adding at the end the following:
``(v) Flood zone requirement waiver.--
``(I) In general.--The Governor of
a State may submit to the President a
request to waive any restriction
relating to the deployment of travel
trailers or manufactured housing units,
including the prohibition on deploying
travel trailers or manufactured housing
units into flood hazard areas under
section 206.117(b)(1)(ii)(C) of title
44, Code of Federal Regulations.''.
(e) Mitigation Assistance Pilot Program.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Federal Emergency
Management Agency.
(B) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
(C) Pilot program.--The term ``pilot program''
means the pilot program established and carried out by
the Administrator under this subsection.
(2) Pilot program.--As part of the program carried out
under section 1366 of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c), the Administrator shall, not later than 1
year after the date of enactment of this Act, establish a pilot
program under which the Administrator shall make grants to the
State of Florida, which shall, subject to paragraph (3), use
those grant funds to elevate structures located in areas in
that State having special flood hazards or other areas of flood
risk.
(3) Matching requirement.--With respect to any project
carried out with a grant made by the Administrator under the
pilot program, the State of Florida shall match 50 percent of
the grant amount.
(4) Termination.--The pilot program shall terminate on the
date that is 5 years after the date on which the Administrator
establishes the pilot program under paragraph (2).
(5) Report.--Not later than 90 days after the date on which
the pilot program terminates under paragraph (4), the
Administrator shall submit to the appropriate committees of
Congress a report that contains--
(A) findings from carrying out the pilot program;
and
(B) recommendations regarding whether the pilot
program, or a similar program, should be made
permanent.
(f) Emergency Watershed Protection Program Regulations Revisions.--
The Secretary of Agriculture shall issue a rule--
(1) to revise section 624.9 of title 7, Code of Federal
Regulations, to provide that funds must be obligated by the
State Conservationist and construction completed within 365
calendar days after the date funds are committed to the State
Conservationist, except for exigency situations in which case
the construction must be completed within 30 days after the
date the funds are committed; and
(2) to revise part 624 of title 7, Code of Federal
Regulations, to provide that an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code may be a
project sponsor under that part, if the organization has
entered into a binding agreement for a project sponsor (as
defined in section 624.4 of that title (as in effect on the day
before the date of enactment of this Act)) to assume
responsibility for operations and maintenance costs and
requirements.
<all>
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118S1160 | Financial Regulators Transparency Act of 2023 | [
[
"T000476",
"Sen. Tillis, Thomas [R-NC]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
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],
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"cosponsor"
],
[
"H000601",
... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1160 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1160
To provide greater transparency with respect to the financial
regulatory agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Tillis (for himself, Ms. Warren, Mr. Rounds, Ms. Sinema, Mr.
Hagerty, Mr. Blumenthal, Ms. Lummis, Mr. Cruz, and Mr. Vance)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide greater transparency with respect to the financial
regulatory 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 ``Financial Regulators Transparency
Act of 2023''.
SEC. 2. TRANSPARENCY OF THE FEDERAL RESERVE BANKS.
The Federal Reserve Act is amended--
(1) by redesignating sections 30 and 31 as sections 31 and
32, respectively; and
(2) by inserting after section 29 (12 U.S.C. 504) the
following:
``SEC. 30. TRANSPARENCY OF FEDERAL RESERVE BANKS AND BOARD OF
GOVERNORS.
``(a) Application of FOIA and the Federal Records Act of 1950 to
the Federal Reserve Banks.--
``(1) FOIA.--Each Federal reserve bank shall be considered
an agency, as defined in subsection (f) of section 552 of title
5, United States Code (commonly known as the `Freedom of
Information Act'), for purposes of applying the requirements
under that section.
``(2) Federal records act of 1950.--Each Federal reserve
bank shall be considered a Federal agency for purposes of
applying the requirements under chapter 31 of title 44, United
States Code (commonly known as the `Federal Records Act of
1950').
``(b) Congressional FOIA Requests for Information From Federal
Reserve Banks.--
``(1) Definitions.--In this subsection--
``(A) the term `committee confidential basis', with
respect to information, means not publicly disclosing
the information, in whole or in part or by way of
summary, unless the chair and ranking member of the
relevant committee or subcommittee described in
subparagraph (C) agree to publicly disclose the
information;
``(B) the term `confidential supervisory
information' has the meaning given the term in section
261.2(b) of title 12, Code of Federal Regulations, or
any successor regulation;
``(C) the term `covered Member of Congress' means--
``(i) the chair and ranking member of the
Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(ii) the chair and ranking member of the
Subcommittee on Economic Policy of the
Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(iii) the chair and ranking member of the
Subcommittee on Financial Institutions and
Consumer Protection of the Committee on
Banking, Housing, and Urban Affairs of the
Senate;
``(iv) the chair and ranking member of the
Committee on Financial Services of the House of
Representatives;
``(v) the chair and ranking member of the
Subcommittee on Consumer Protection and
Financial Institutions of the Committee on
Financial Services of the House of
Representatives; and
``(vi) the chair and ranking member of the
Subcommittee on National Security,
International Development and Monetary Policy
of the Committee on Financial Services of the
House of Representatives;
``(D) the term `Inspector General' means the
Inspector General of the Board of Governors of the
Federal Reserve System and the Bureau of Consumer
Financial Protection; and
``(E) the term `personnel and medical files'--
``(i) means personnel and medical files and
similar files that are exempt from disclosure
under section 552(b)(6) of title 5, United
States Code; and
``(ii) does not include--
``(I) financial disclosure forms;
or
``(II) performance, disciplinary,
or adverse action information.
``(2) Authority.--
``(A) In general.--Subject to subparagraph (B),
section 552 of title 5, United States Code, is not
authority for a Federal reserve bank to withhold
information from Congress or any Member of Congress.
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to affect the
authority of a Federal reserve bank to withhold from an
individual Member of Congress requesting information
under section 552 of title 5, United States Code--
``(i) information relating to monetary
policy deliberations that is exempt from
disclosure under section 552(b)(5) of title 5,
United States Code; and
``(ii) except as provided in paragraph
(6)--
``(I) confidential supervisory
information, as defined in section
261.2(b) of title 12, Code of Federal
Regulations, or any successor
regulation, that is exempt from
disclosure under section 552(b)(8) of
title 5, United States Code; and
``(II) personnel and medical files.
``(3) Priority of requests from members of congress.--Any
request for information from a Federal reserve bank under
section 552 of title 5, United States Code, made by a Member of
Congress--
``(A) shall be prioritized ahead of requests for
information made by persons other than Members of
Congress; and
``(B) shall be processed without charging any fee
to the Member of Congress.
``(4) Common law privileges.--Notwithstanding any other
provision of law, a Federal reserve bank may not withhold
information requested by a Member of Congress under section 552
of title 5, United States Code, on the basis that the
information is privileged pursuant to a common law privilege,
such as the deliberative process privilege, attorney-client
privilege, or attorney work product privilege.
``(5) Maintenance and security of materials.--With respect
to any materials that are received by or in the possession of a
Member of Congress or any staff member of a Member of Congress
in response to a request made by a Member of Congress under
section 552 of title 5, United States Code, from a Federal
reserve bank, the chief clerk of the Committee on Banking,
Housing, and Urban Affairs of the Senate, with respect to the
Senate, and the chief clerk of the Committee on Financial
Services of the House of Representatives, with respect to the
House of Representatives, shall--
``(A) have responsibility for the maintenance and
security of those materials; and
``(B) ensure that--
``(i) the materials are stored in a safe
with a combination lock by the chief clerk of
the relevant committee in the offices of the
relevant committee;
``(ii) the materials do not leave the
relevant committee, except for a Member of
Congress or any staff member of a Member of
Congress to review the materials in a
congressional office or to return the materials
to the Federal reserve bank;
``(iii) a Member of Congress or any staff
member of a Member of Congress shall review the
materials in a congressional office; and
``(iv) a Member of Congress or any staff
member of a Member of Congress shall keep the
materials in their physical custody when
reviewing them and keep the materials in the
safe of the chief clerk of the relevant
committee when not reviewing the materials.
``(6) Confidential supervisory information and personnel
and medical files.--
``(A) Prohibition.--Notwithstanding subclauses (I)
and (II) of paragraph (2)(B)(ii) or any other provision
of law, a Federal reserve bank may not withhold
information requested by a covered Member of Congress
under section 552 of title 5, United States Code, on
the basis that the information contains confidential
supervisory information or personnel and medical files.
``(B) Access to information.--
``(i) In general.--Any covered Member of
Congress and any staff member of a covered
Member of Congress that receives information
that contains confidential supervisory
information or personnel and medical files
pursuant to a request made under section 552 of
title 5, United States Code, from a Federal
reserve bank shall handle that information on a
committee confidential basis according to the
procedures described in clause (ii).
``(ii) Procedures.--
``(I) Maintenance and security of
materials.--With respect to any
materials containing confidential
supervisory information or personnel
and medical files that is received by
or in the possession of a covered
Member of Congress or any staff member
of a covered Member of Congress under
clause (i), the chief clerk of the
relevant committee shall--
``(aa) have responsibility
for the maintenance and
security of those materials;
and
``(bb) ensure that--
``(AA) the
materials are stored in
a safe with a
combination lock by the
chief clerk of the
relevant committee in
the offices of the
relevant committee;
``(BB) the
materials do not leave
the relevant committee;
``(CC) a covered
Member of Congress or
any staff member of a
covered Member of
Congress shall keep the
materials in their
physical custody when
reviewing them and keep
the materials in the
safe of the chief clerk
of the relevant
committee when not
reviewing the
materials;
``(DD)
photocopying, scanning,
or other reproduction
of the materials is
prohibited; and
``(EE) notes may be
taken regarding the
materials, but any
notes shall be stored
in safe of the chief
clerk of the relevant
committee and such
notes shall not be
taken or transmitted
outside of the offices
of the relevant
committee.
``(II) Access.--Access to materials
containing confidential supervisory
information or personnel and medical
files supplied to a covered Member of
Congress shall be limited to those
staff members of the relevant committee
or subcommittee with a need-to-know, as
determined by the Staff Director and
Minority Staff Director of the
committee.
``(III) Unauthorized disclosure.--
Any disclosure of materials containing
confidential supervisory information or
personnel and medical files without the
agreement of the chair and ranking
member of the relevant committee or
subcommittee of Congress to publicly
disclose the information, or other
violation of this subparagraph, shall
constitute grounds for referral to the
Select Committee on Ethics of the
Senate or the Committee on Ethics of
the House of Representatives, as
applicable.
``(7) Standing.--Any Member of Congress who makes a request
for information from a Federal reserve bank under section 552
of title 5, United States Code, has standing to file in the
appropriate district court of the United States an action to
enjoin the Federal reserve bank from withholding records of the
Federal reserve bank and to order the production of any records
of the Federal reserve bank improperly withheld from the Member
of Congress in the same manner as any other person under that
section.
``(c) Congressional FOIA Requests for Ethics-Related Information
From the Board of Governors and the Federal Reserve Banks.--
``(1) Ethics-related information defined.--
``(A) In general.--Subject to subparagraph (B), in
this subsection, the term `ethics-related information'
means any record documenting or relating to--
``(i) the activities of the ethics program
of the Board or a Federal reserve bank;
``(ii) financial disclosure reports and
related records;
``(iii) ethics agreements and related
records;
``(iv) outside employment and activity of
officers and employees of the Board or a
Federal reserve bank;
``(v) referrals of violations of criminal
conflict of interest statutes;
``(vi) ethics-related disciplinary records
or adverse actions;
``(vii) ethics-related investigations,
inquiries, or reviews;
``(viii) ethics-related materials,
including ethics determinations issued by,
ethics advice issued by, ethics consultation
engaged in, and ethics training records of the
Board or a Federal reserve bank; and
``(ix) any other ethics-related policies,
procedures, practices, or program records of
the Board or a Federal reserve bank,
including--
``(I) any record relating to--
``(aa) ethics policies,
procedures, practices, or
program implementation,
interpretation, counseling,
management, development,
review, or complaints;
``(bb) employee training
and education related to any
ethics-related policies,
procedures, practices, or
program;
``(cc) ethics waivers,
authorizations, and approvals;
``(dd) non-Federally funded
travel;
``(ee) any ethics-related
annual questionnaires relating
to the ethics program of the
Board or a Federal reserve
bank; and
``(ff) any other ethics-
related policies, procedures,
practices, or program of the
Board or a Federal reserve
bank; and
``(II) any other record described
in the document entitled, `General
Records Schedule 2.8: Employee Ethics
Records' published in September 2016 by
the National Archives and Records
Administration, or any successor
document.
``(B) Exclusion of certain ethics-related
information.--Notwithstanding subparagraph (A), a
record of advice and counseling provided by an ethics
official to an individual officer or employee, except
for a record that has operative legal effect such as a
waiver, an authorization, an approval, or a
determination that alters the ethical obligations of
such officer or employee, shall not be included in the
definition of the term `ethics-related information' for
the purposes of this Act.
``(2) Disclosure of ethics-related information to members
of congress.--
``(A) In general.--Section 552 of title 5, United
States Code, is not authority for the Board or a
Federal reserve bank to withhold ethics-related
information from a Member of Congress, including any
ethics-related information in a personnel file.
``(B) Rule of construction.--No provision of law,
including title I of the Ethics in Government Act (5
U.S.C. App.), shall preclude or limit the disclosure of
ethics-related information to a Member of Congress
under subparagraph (A).
``(3) Priority of requests from members of congress.--Any
request for ethics-related information from the Board or a
Federal reserve bank under section 552 of title 5, United
States Code, made by a Member of Congress--
``(A) shall be prioritized ahead of requests for
information made by persons other than Members of
Congress; and
``(B) shall be processed without charging any fee
to the Member of Congress.
``(4) Common law privileges.--Notwithstanding any other
provision of law, the Board or a Federal reserve bank may not
withhold ethics-related information requested by a Member of
Congress under section 552 of title 5, United States Code, on
the basis that the information is privileged pursuant to a
common law privilege, such as the deliberative process
privilege, attorney-client privilege, or attorney work product
privilege.
``(5) Maintenance and security of materials.--With respect
to any materials related to ethics-related information that are
received by or in the possession of a Member of Congress or any
staff member of a Member of Congress in response to a request
made by a Member of Congress under section 552 of title 5,
United States Code, from the Board or a Federal reserve bank,
the chief clerk of the Committee on Banking, Housing, and Urban
Affairs of the Senate, with respect to the Senate, and the
chief clerk of the Committee on Financial Services of the House
of Representatives, with respect to the House of
Representatives, shall--
``(A) have responsibility for the maintenance and
security of those materials; and
``(B) ensure that--
``(i) the materials are stored in a safe
with a combination lock by the chief clerk of
the relevant committee in the offices of the
relevant committee;
``(ii) the materials do not leave the
relevant committee, except for a Member of
Congress or any staff member of a Member of
Congress to review the materials in a
congressional office or to return the materials
to the Board or the Federal reserve bank, as
applicable;
``(iii) a Member of Congress or any staff
member of a Member of Congress shall review the
materials in a congressional office; and
``(iv) a Member of Congress or any staff
member of a Member of Congress shall keep the
materials in their physical custody when
reviewing them and keep the materials in the
safe of the chief clerk of the relevant
committee when not reviewing the materials.
``(6) Standing.--Any Member of Congress who makes a request
for ethics-related information from the Board or a Federal
reserve bank under section 552 of title 5, United States Code,
has standing to file in the appropriate district court of the
United States an action to enjoin the Board or the Federal
reserve bank, as applicable, from withholding records of the
Board or the Federal reserve bank, as applicable, and to order
the production of any records of the Board or the Federal
reserve bank, as applicable, improperly withheld from the
Member of Congress in the same manner as any other person under
that section.''.
SEC. 3. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED INFORMATION FROM
OTHER FINANCIAL REGULATORY AGENCIES.
(a) Bureau of Consumer Financial Protection.--Subtitle A of title X
of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491 et
seq.) is amended by inserting after section 1016B (12 U.S.C. 5496b) the
following:
``SEC. 1016C. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED
INFORMATION FROM THE BUREAU.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Bureau;
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Bureau;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Bureau; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Bureau, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Bureau; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Bureau; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Bureau to withhold ethics-
related information from a Member of Congress, including any
ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Bureau under section 552 of
title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Bureau may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Bureau, the chief clerk of the Committee on Banking, Housing, and Urban
Affairs of the Senate, with respect to the Senate, and the chief clerk
of the Committee on Financial Services of the House of Representatives,
with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Bureau;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Bureau under section 552 of title
5, United States Code, has standing to file in the appropriate district
court of the United States an action to enjoin the Bureau from
withholding records of the Bureau and to order the production of any
records of the Bureau improperly withheld from the Member of Congress
in the same manner as any other person under that section.''.
(b) Federal Deposit Insurance Corporation.--The Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end
the following:
``SEC. 52. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED INFORMATION
FROM THE CORPORATION.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Corporation;
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Corporation;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Corporation; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Corporation, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Corporation; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Corporation; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Corporation to withhold ethics-
related information from a Member of Congress, including any
ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Corporation under section 552
of title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Corporation may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Corporation, the chief clerk of the Committee on Banking, Housing, and
Urban Affairs of the Senate, with respect to the Senate, and the chief
clerk of the Committee on Financial Services of the House of
Representatives, with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Corporation;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Corporation under section 552 of
title 5, United States Code, has standing to file in the appropriate
district court of the United States an action to enjoin the Corporation
from withholding records of the Corporation and to order the production
of any records of the Corporation improperly withheld from the Member
of Congress in the same manner as any other person under that
section.''.
(c) Securities and Exchange Commission.--The Securities Exchange
Act of 1934 (12 U.S.C. 78a et seq.) is amended by inserting after
section 4E (12 U.S.C. 78d-5) the following:
``SEC. 4F. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED INFORMATION
FROM THE COMMISSION.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Commission;
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Commission;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Commission; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Commission, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Commission; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Commission; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Commission to withhold ethics-
related information from a Member of Congress, including any
ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Commission under section 552 of
title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Commission may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Commission, the chief clerk of the Committee on Banking, Housing, and
Urban Affairs of the Senate, with respect to the Senate, and the chief
clerk of the Committee on Financial Services of the House of
Representatives, with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Commission;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Commission under section 552 of
title 5, United States Code, has standing to file in the appropriate
district court of the United States an action to enjoin the Commission
from withholding records of the Commission and to order the production
of any records of the Commission improperly withheld from the Member of
Congress in the same manner as any other person under that section.''.
(d) National Credit Union Administration.--Title I of the Federal
Credit Union Act (12 U.S.C. 1752 et seq.) is amended by adding at the
end the following:
``SEC. 132. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED INFORMATION
FROM THE ADMINISTRATION.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Administration;
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Administration;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Administration; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Administration, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Administration; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Administration; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Administration to withhold
ethics-related information from a Member of Congress, including
any ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Administration under section
552 of title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Administration may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Administration, the chief clerk of the Committee on Banking, Housing,
and Urban Affairs of the Senate, with respect to the Senate, and the
chief clerk of the Committee on Financial Services of the House of
Representatives, with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Administration;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Administration under section 552 of
title 5, United States Code, has standing to file in the appropriate
district court of the United States an action to enjoin the
Administration from withholding records of the Administration and to
order the production of any records of the Administration improperly
withheld from the Member of Congress in the same manner as any other
person under that section.''.
(e) Office of the Comptroller of the Currency.--The Revised
Statutes of the United States is amended by inserting after section 333
(12 U.S.C. 14) the following:
``SEC. 334. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED INFORMATION
FROM THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Office of the Comptroller of the Currency (in this
section referred to as the `Office');
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Office;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Office; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Office, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Office; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Office; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Office to withhold ethics-
related information from a Member of Congress, including any
ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Office under section 552 of
title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Office may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Office, the chief clerk of the Committee on Banking, Housing, and Urban
Affairs of the Senate, with respect to the Senate, and the chief clerk
of the Committee on Financial Services of the House of Representatives,
with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Office;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Office under section 552 of title
5, United States Code, has standing to file in the appropriate district
court of the United States an action to enjoin the Office from
withholding records of the Office and to order the production of any
records of the Office improperly withheld from the Member of Congress
in the same manner as any other person under that section.''.
(f) Federal Housing Finance Agency.--Part 1 of subtitle A of the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4511 et seq.) is amended by adding at the end the following:
``SEC. 1319H. CONGRESSIONAL FOIA REQUESTS FOR ETHICS-RELATED
INFORMATION FROM THE AGENCY.
``(a) Ethics-Related Information Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `ethics-related information' means any record
documenting or relating to--
``(A) the activities of the ethics program of the
Agency;
``(B) financial disclosure reports and related
records;
``(C) ethics agreements and related records;
``(D) outside employment and activity of officers
and employees of the Agency;
``(E) referrals of violations of criminal conflict
of interest statutes;
``(F) ethics-related disciplinary records or
adverse actions;
``(G) ethics-related investigations, inquiries, or
reviews;
``(H) ethics-related materials, including ethics
determinations issued by, ethics advice issued by,
ethics consultation engaged in, and ethics training
records of the Agency; and
``(I) any other ethics-related policies,
procedures, practices, or program records of the
Agency, including--
``(i) any record relating to--
``(I) ethics policies, procedures,
practices, or program implementation,
interpretation, counseling, management,
development, review, or complaints;
``(II) employee training and
education related to any ethics-related
policies, procedures, practices, or
program;
``(III) ethics waivers,
authorizations, and approvals;
``(IV) non-Federally funded travel;
``(V) any ethics-related annual
questionnaires relating to the ethics
program of the Agency; and
``(VI) any other ethics-related
policies, procedures, practices, or
program of the Agency; and
``(ii) any other record described in the
document entitled, `General Records Schedule
2.8: Employee Ethics Records' published in
September 2016 by the National Archives and
Records Administration, or any successor
document.
``(2) Exclusion of certain ethics-related information.--
Notwithstanding paragraph (1), a record of advice and
counseling provided by an ethics official to an individual
officer or employee, except for a record that has operative
legal effect such as a waiver, an authorization, an approval,
or a determination that alters the ethical obligations of such
officer or employee, shall not be included in the definition of
the term `ethics-related information' for the purposes of this
Act.
``(b) Disclosure of Ethics-Related Information to Members of
Congress.--
``(1) In general.--Section 552 of title 5, United States
Code, is not authority for the Agency to withhold ethics-
related information from a Member of Congress, including any
ethics-related information in a personnel file.
``(2) Rule of construction.--No provision of law, including
title I of the Ethics in Government Act (5 U.S.C. App.), shall
preclude or limit the disclosure of ethics-related information
to a Member of Congress under paragraph (1).
``(c) Priority of Requests From Members of Congress.--Any request
for ethics-related information from the Agency under section 552 of
title 5, United States Code, made by a Member of Congress--
``(1) shall be prioritized ahead of requests for
information made by persons other than Members of Congress; and
``(2) shall be processed without charging any fee to the
Member of Congress.
``(d) Common Law Privileges.--Notwithstanding any other provision
of law, the Agency may not withhold ethics-related information
requested by a Member of Congress under section 552 of title 5, United
States Code, on the basis that the information is privileged pursuant
to a common law privilege, such as the deliberative process privilege,
attorney-client privilege, or attorney work product privilege.
``(e) Maintenance and Security of Materials.--With respect to any
materials related to ethics-related information that are received by or
in the possession of a Member of Congress or any staff member of a
Member of Congress in response to a request made by a Member of
Congress under section 552 of title 5, United States Code, from the
Agency, the chief clerk of the Committee on Banking, Housing, and Urban
Affairs of the Senate, with respect to the Senate, and the chief clerk
of the Committee on Financial Services of the House of Representatives,
with respect to the House of Representatives, shall--
``(1) have responsibility for the maintenance and security
of those materials; and
``(2) ensure that--
``(A) the materials are stored in a safe with a
combination lock by the chief clerk of the relevant
committee in the offices of the relevant committee;
``(B) the materials do not leave the relevant
committee, except for a Member of Congress or any staff
member of a Member of Congress to review the materials
in a congressional office or to return the materials to
the Agency;
``(C) a Member of Congress or any staff member of a
Member of Congress shall review the materials in a
congressional office; and
``(D) a Member of Congress or any staff member of a
Member of Congress shall keep the materials in their
physical custody when reviewing them and keep the
materials in the safe of the chief clerk of the
relevant committee when not reviewing the materials.
``(f) Standing.--Any Member of Congress who makes a request for
ethics-related information from the Agency under section 552 of title
5, United States Code, has standing to file in the appropriate district
court of the United States an action to enjoin the Agency from
withholding records of the Agency and to order the production of any
records of the Agency improperly withheld from the Member of Congress
in the same manner as any other person under that section.''.
SEC. 4. PRESIDENTIAL APPOINTMENT OF INSPECTOR GENERAL OF THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM AND THE BUREAU OF
CONSUMER FINANCIAL PROTECTION.
Chapter 4 of part I of title 5, United States Code, is amended--
(1) in section 401--
(A) in paragraph (1), by inserting ``the Board of
Governors of the Federal Reserve System and the Bureau
of Consumer Financial Protection,'' after ``National
Security Agency,''; and
(B) in paragraph (2), by inserting ``the Chairman
of the Board of Governors of the Federal Reserve
System;'' after ``National Security Agency;'';
(2) in section 415--
(A) in subsection (a)(1)(A), by striking ``the
Board of Governors of the Federal Reserve System and
the Bureau of Consumer Financial Protection,'';
(B) in subsection (c), by striking the third and
fourth sentences; and
(C) in subsection (g)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as
paragraph (3);
(3) in section 418, by striking ``or 421'' and inserting
``421, or 425''; and
(4) by adding at the end the following:
``Sec. 425. Special provisions concerning the Board of Governors of the
Federal Reserve System and the Bureau of Consumer
Financial Protection
``(a) In General.--The Inspector General of the Board of Governors
of the Federal Reserve System and the Bureau of Consumer Financial
Protection shall have all of the authorities and responsibilities
provided by this chapter--
``(1) with respect to the Bureau of Consumer Financial
Protection, as if the Bureau were part of the Board of
Governors of the Federal Reserve System; and
``(2) with respect to a Federal reserve bank without the
permission of the Federal reserve bank.
``(b) Relationship to Department of Treasury.--The provisions of
subsection (a) of section 412 of this title (other than the provisions
of subparagraphs (A), (B), (C), and (E) of subsection (a)(1) of section
412 of this title) shall apply to the Inspector General of the Board of
Governors of the Federal Reserve System and the Bureau of Consumer
Financial Protection and the Chairman of the Board of Governors of the
Federal Reserve System in the same manner as such provisions apply to
the Inspector General of the Department of the Treasury and the
Secretary of the Treasury, respectively.''.
<all>
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118S1161 | Voluntary Public Access Improvement Act of 2023 | [
[
"D000618",
"Sen. Daines, Steve [R-MT]",
"sponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
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[
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[
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1161
To amend the Food Security Act of 1985 to reauthorize the voluntary
public access and habitat incentive program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Daines (for himself, Mr. Bennet, and Mr. Marshall) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to reauthorize the voluntary
public access and habitat incentive 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 ``Voluntary Public Access Improvement
Act of 2023''.
SEC. 2. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C.
3839bb-5(f)(1)) is amended--
(1) by striking ``and'' after ``2018,''; and
(2) by inserting ``, and $150,000,000 for the period of
fiscal years 2024 through 2028'' before the period at the end.
<all>
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118S1162 | Accurate Map for Broadband Investment Act of 2023 | [
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"sponsor"
],
[
"T000250",
"Sen. Thune, John [R-SD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1162 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1162
To ensure that broadband maps are accurate before funds are allocated
under the Broadband Equity, Access, and Deployment Program based on
those maps.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Ms. Rosen (for herself and Mr. Thune) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To ensure that broadband maps are accurate before funds are allocated
under the Broadband Equity, Access, and Deployment Program based on
those maps.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accurate Map for Broadband
Investment Act of 2023''.
SEC. 2. ENSURING ACCURACY OF BROADBAND MAPS BEFORE ALLOCATION OF FUNDS
BASED ON MAPS.
Section 60102 of the Infrastructure Investment and Jobs Act (47
U.S.C. 1702) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Reallocation after update to maps.--
``(A) In general.--Two hundred and ten days after
the date on which the Assistant Secretary allocates
amounts to an eligible entity under paragraph (1) or
(3), the Assistant Secretary shall--
``(i) repeat the calculation required under
subparagraph (B) of the applicable paragraph
based on the most current versions of the
broadband DATA maps; and
``(ii) adjust the allocation under the
applicable paragraph as necessary based on the
recalculation under clause (i).
``(B) Use of reallocation in calculating final
disbursement.--
``(i) Final disbursement timing.--The
Assistant Secretary may not make grant funds
available to an eligible entity under
subsection (e)(4) until the Assistant Secretary
has complied with subparagraph (A) of this
paragraph.
``(ii) Use of reallocation.--If the
Assistant Secretary adjusts the allocation to
an eligible entity under this subsection
pursuant to subparagraph (A) of this paragraph,
the Assistant Secretary shall use the adjusted
allocation to determine the amount of grant
funds that remain to be made available to the
eligible entity under subsection (e)(4).''; and
(2) in subsection (e)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(ii) by striking ``On or after'' and
inserting the following:
``(A) In general.--On or after''; and
(iii) by adding at the end the following:
``(B) Notice of recalculated allocation.--On or
after the date on which the Assistant Secretary adjusts
the allocation to an eligible entity under subsection
(c)(4), the Assistant Secretary shall issue a notice to
the eligible entity that contains the adjusted amount
available to the eligible entity under subsection
(c).''; and
(B) in paragraph (4)--
(i) in subparagraph (A)(i), in the matter
preceding subparagraph (A)--
(I) by striking ``approvals'' and
inserting ``approves''; and
(II) by inserting ``(subject to
paragraph (4) of that subsection)''
after ``subsection (c)'';
(ii) in subparagraph (D)(ii)(III), by
inserting ``(subject to paragraph (4) of that
subsection)'' after ``subsection (c)''; and
(iii) in subparagraph (E)(ii)(III), by
inserting ``(subject to paragraph (4) of that
subsection)'' after ``subsection (c)''.
<all>
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118S1163 | Aviation Minority Workforce Development 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. 1163 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1163
To direct the Secretary of Transportation to establish a grant program
to increase racial and gender minority access and representation in the
aviation workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a grant program
to increase racial and gender minority access and representation in the
aviation workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Minority Workforce
Development Act of 2023''.
SEC. 2. GRANT PROGRAM TO INCREASE RACIAL AND GENDER MINORITY ACCESS AND
REPRESENTATION IN THE AVIATION WORKFORCE.
(a) In General.--Not later than 6 months after the date of
enactment of this section, the Secretary of Transportation shall
establish a program to award grants to eligible entities to increase
racial and gender minority access and representation in the aviation
workforce.
(b) Use of Funds.--Grant funds awarded under this section to an
eligible entity shall be used to--
(1) facilitate the creation of programs that educate and
train students from under-represented racial and gender groups
to participate in the aviation workforce;
(2) increase access to, and the availability of, resources
at existing aviation workforce programs for the express purpose
of increasing representation of racial and gender minorities,
including at minority serving institutions;
(3) assist students from under-represented racial and
gender minorities with education, apprenticeship, internship,
transportation, and certification costs; and
(4) increase outreach and recruitment to students from
racial and gender minorities who are interested in working in
the aviation industry.
(c) Requirement.--The Secretary shall ensure that not less than 40
percent of the total amount of funds appropriated in each fiscal year
to carry out this section are awarded to minority-serving institutions.
(d) Report to Congress.--Not later than 1 year after the first
grant is awarded under the grant program under this section, and
annually thereafter for as long as the Secretary is conducting such
program, the Secretary 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 that evaluates such program, including--
(1) a description of the number of grants awarded;
(2) the amount of each grant;
(3) the activities funded under each grant; and
(4) the effectiveness of such funded activities in meeting
the objective described in subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $80,000,000 for each of fiscal
years 2024 through 2028.
(f) Definitions.--In this section:
(1) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a minority-serving institution; and
(B) a consortium of 1 or more institutions of
higher education that has a partnership with 1 or more
of the following entities:
(i) A member of the aviation industry, such
as a company or industry association.
(ii) A labor-management organization.
(iii) An aviation industry registered
apprenticeship program.
(iv) A nonprofit organization dedicated to
helping individuals gain employment in the
aviation industry.
(v) A community college or a postsecondary
vocational institution with experience in
providing relevant education or training for
individuals seeking employment in the aviation
industry or a similar industry.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(5) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
that term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
<all>
</pre></body></html>
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118S1164 | Seedlings for Sustainable Habitat Restoration Act of 2023 | [
[
"L000570",
"Sen. Lujan, Ben Ray [D-NM]",
"sponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
],
[
"H001046",
"Sen. Heinrich, Martin [D-NM]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1164 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1164
To amend the Infrastructure Investment and Jobs Act to authorize the
Secretary of Agriculture, acting through the Chief of the Forest
Service, to enter into contracts, grants, and agreements to carry out
certain ecosystem restoration activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 30, 2023
Mr. Lujan (for himself, Mr. Cornyn, and Mr. Heinrich) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Infrastructure Investment and Jobs Act to authorize the
Secretary of Agriculture, acting through the Chief of the Forest
Service, to enter into contracts, grants, and agreements to carry out
certain ecosystem restoration activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seedlings for Sustainable Habitat
Restoration Act of 2023''.
SEC. 2. CONTRACTS, GRANTS, AND AGREEMENTS TO CARRY OUT CERTAIN
ECOSYSTEM RESTORATION ACTIVITIES.
(a) Contracts, Grants, and Agreements.--Section 40804 of the
Infrastructure Investment and Jobs Act (16 U.S.C. 6592a) is amended by
adding at the end the following:
``(g) Contracts, Grants, and Agreements.--To carry out the
ecosystem restoration activities described in subsection (b), the
Secretary of Agriculture, acting through the Chief of the Forest
Service, may enter into contracts, grants, or agreements with State
forestry agencies, local private or nonprofit entities, institutions of
higher education (as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a))), and multistate coalitions--
``(1) for the collection and maintenance of native seeds,
including material from managed seed orchards; and
``(2) for the production of seedlings for revegetation.''.
(b) Collaborative Forest Landscape Restoration Program.--Section
4003(b)(7) of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(b)(7)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the collection and maintenance of native seeds for
revegetation, the production of seedlings, and'' after ``or
agreements for'';
(2) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(3) by inserting after subparagraph (A) the following:
``(B) institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)));''.
<all>
</pre></body></html>
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118S1165 | Reentry Act of 2023 | [
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"V000137",
"Sen. Vance, J. D. [R-OH]",
"cosponsor"
],
[
"W000802",
"Sen. ... | <p><strong>Reentry Act</strong> <b><b>of </b></b><b>2023</b></p> <p>This bill allows for Medicaid payment of medical services furnished to an incarcerated individual during the 30-day period preceding the individual's release. The Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission must report on specified information relating to the accessibility and quality of health care for incarcerated individuals, including the impact of the bill's changes. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1165 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1165
To amend title XIX of the Social Security Act to allow States to make
medical assistance available to inmates during the 30-day period
preceding their release.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Ms. Baldwin (for herself, Mr. Braun, Mr. Brown, and Mr. Vance)
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 allow States to make
medical assistance available to inmates during the 30-day period
preceding their release.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reentry Act of 2023''.
SEC. 2. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES
DURING 30-DAY PERIOD PRECEDING RELEASE.
(a) In General.--The subdivision (A) following the last numbered
paragraph of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) is amended by inserting ``, or in the case of any individual
during the 30-day period preceding the date of release of such
individual from such public institution'' before ``);''.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Medicaid and CHIP Payment and Access Commission shall
submit a report to Congress on the Medicaid inmate exclusion under the
subdivision (A) following the last numbered paragraph of section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). Such report
shall, to the extent practicable, include the following information:
(1) Provision of care in correctional settings.--An
analysis and description of standards for health and safety for
individuals who are inmates of correctional facilities, the
health care provided to such individuals, and the physical
environment in which health care is provided to such
individuals, which may include the following:
(A) An assessment of access to health care for
incarcerated individuals, including a description of
medical and behavioral health services generally
available to incarcerated individuals.
(B) An assessment of Medicare and Medicaid
conditions of participation for hospitals, psychiatric
facilities, psychiatric residential treatment
facilities, nursing facilities, and other relevant
provider types, if any, and their potential application
to health care services furnished to individuals who
are inmates of correctional facilities.
(C) An assessment of State licensing and
certification standards, processes, and enforcement
mechanisms for correctional facilities, and the
potential application of such standards, processes, and
enforcement mechanisms to the provision of health care
to individuals who are inmates of correctional
facilities.
(D) An assessment of accrediting bodies for
correctional facilities, the respective accrediting
standards of such bodies, and the accrediting practices
relevant to health care services provided by
correctional facilities to individuals who are inmates
of such facilities, in comparison to major community
health care facility accrediting bodies.
(2) Impact of the reentry act; recommendations for
additional action.--
(A) The number of incarcerated individuals who
would otherwise be eligible to enroll for medical
assistance under a State plan approved under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) (or
a waiver of such a plan).
(B) An analysis of the preliminary impact of the
amendment made by subsection (a) on health care
coverage and the transition back into the community for
individuals who are newly released from correctional
facilities.
(C) A description of current practices related to
the discharge of incarcerated individuals, including
how correctional facilities interact with State
Medicaid agencies to ensure that such individuals who
are eligible to enroll for medical assistance under a
State plan or waiver described in subparagraph (A) are
so enrolled.
(D) If determined appropriate by the Commission,
recommendations for Congress, the Department of Health
and Human Services, or States on further legislative or
administrative actions to--
(i) ensure access to comprehensive health
coverage for incarcerated and newly released
individuals, including an assessment of the
impact of the Medicaid inmate exclusion; and
(ii) better facilitate an effective
transition to community services and addiction
treatment for newly released individuals.
(E) Any other information that the Commission
determines would be useful to Congress.
<all>
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118S1166 | Restore Public Health Institution Trust Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
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"Sen. Marshall, Roger [R-KS]",
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"Sen... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1166 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1166
To require the Comptroller General of the United States to submit a
report on the public health mitigation messaging and guidance of the
Centers for Disease Control and Prevention.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Rubio (for himself, Mr. Marshall, Mr. Daines, Mr. Cramer, 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 require the Comptroller General of the United States to submit a
report on the public health mitigation messaging and guidance of the
Centers for Disease Control and Prevention.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Public Health Institution
Trust Act of 2023''.
SEC. 2. REPORT ON CDC PUBLIC HEALTH MITIGATION MESSAGING AND GUIDANCE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report on the
public health mitigation messaging, decision making, and guidance of
the Centers for Disease Control and Prevention (referred to in this
section as the ``CDC''). Such report shall--
(1) consider--
(A) the data being used by the CDC to make
recommendations;
(B) the impact that inconsistent messaging has had
on--
(i) the level of trust Americans have in
the CDC; and
(ii) the willingness of Americans to follow
CDC guidance, including with respect to COVID-
19 vaccine uptake;
(C) the impact that inconsistent messaging with
regard to the efficacy of COVID-19 vaccines and Federal
mandates for receiving such vaccines has had on
attitudes about immunization, both in general and
specifically for--
(i) the school-age population; and
(ii) vaccines on the recommended
immunization schedules for children,
adolescents, and adults of the Advisory
Committee on Immunization Practices of the CDC;
and
(D) the degree to which outside entities (such as
teachers unions) were in a position to impact
recommendations made by the CDC; and
(2) contain recommendations to improve the approach of the
CDC relating to messaging, decision making, and the issuance of
guidance in the future.
(b) Definition.--In this section, the term ``appropriate committees
of Congress'' means--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on Small Business of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate;
(5) the Committee on Education and Workforce of the House
of Representatives;
(6) the Committee on Small Business of the House of
Representatives;
(7) the Committee on Appropriations of the House of
Representatives; and
(8) the Committee on Energy and Commerce of the House of
Representatives.
<all>
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118S1167 | Sound Insulation Treatment Repair and Replacement Program Act | [
[
"M001111",
"Sen. Murray, Patty [D-WA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1167 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1167
To amend title 49, United States Code, to allow additional funds to be
provided under the airport improvement program for certain noise
mitigation projects, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mrs. Murray 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 allow additional funds to be
provided under the airport improvement program for certain noise
mitigation projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Insulation Treatment Repair
and Replacement Program Act''.
SEC. 2. SOUND INSULATION REPAIR AND REPLACEMENT PROJECTS.
(a) Government Share.--Section 47109 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Special Rule for Sound Insulation Repair and Replacement.--
With respect to a project to carry out sound insulation that is granted
a waiver under section 47110(j), the allowable project cost for such
project shall be calculated without consideration of any costs that
were previously paid by the Government.''.
(b) Sound Insulation Treatment Repair and Replacement Projects.--
Section 47110 of title 49, United States Code, is amended by adding at
the end the following:
``(j) Special Rule for Sound Insulation Treatment Repair and
Replacement Projects.--
``(1) In general.--The Secretary shall provide a one-time
waiver of the requirement of subsection (b)(4) for a qualifying
airport as applied to projects to carry out repair and
replacement of sound insulation for a residential building for
which the airport previously received Federal assistance or
federally authorized airport assistance under this subchapter
if--
``(A) the Secretary determines that the additional
assistance is justified due to--
``(i) increased aircraft noise, as
determined by the Administrator of the Federal
Aviation Administration; or
``(ii) the residence containing any sound
insulation treatment or other type of sound
proofing material previously installed under
this subchapter that is determined to be
eligible pursuant to paragraph (2); and
``(B) the building or other structure--
``(i) falls within the Day Night Level
(DNL) 65 standard according to the most recent
noise exposure map, as such term is defined in
section 150.7 of title 14, Code of Federal
Regulations; or
``(ii) fell within such standard at the
time the initial noise mitigation was carried
out and an FAA-compliant noise auditor has
determined that--
``(I) such sound insulation
treatment caused physical damage to the
residence; or
``(II) the materials used for sound
insulation treatment were of low
quality and have deteriorated, broken,
or otherwise no longer function as
intended.
``(2) Eligibility determination.--To be eligible for waiver
under this subsection for repair or replacement of sound
insulation treatment projects, an applicant shall--
``(A) ensure that the applicant and the property
owner exhaust any amounts available through warranties,
insurance coverage, and legal remedies for the sound
insulation treatment previously installed on the
residence; and
``(B) demonstrate that an FAA-compliant noise
auditor conducted an inspection of the residence and
determined that--
``(i) the sound insulation treatment for
which Federal assistance was previously
provided has resulted in structural
deterioration that was not caused by failure of
the property owner to repair or adequately
maintain the residential building or through
the negligence of the applicant or the property
owner; and
``(ii) the condition of the sound
insulation treatment described in subparagraph
(A) is not attributed to actions taken by an
owner or occupant of the residence.
``(3) Additional authority for periodic surveys.--
Notwithstanding any other of provision of law, the Secretary
shall consider a cost allowable under this subchapter for an
airport to conduct periodic surveys of properties in which
repair and replacement of sound insulation treatment was
carried out as described in paragraph (1) and for which the
airport previously received Federal assistance or federally
authorized airport assistance under this subchapter. Such
surveys shall be carried out to identify any properties
described in the preceding sentence that are eligible for funds
under this subsection.''.
<all>
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118S1168 | Providing Distance Education for Foreign Institutions Act | [
[
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"Sen. Braun, Mike [R-IN]",
"sponsor"
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[
"K000384",
"Sen. Kaine, Tim [D-VA]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1168 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1168
To amend title IV of the Higher Education Act of 1965 to provide
program eligibility for distance education programs offered by foreign
institutions of higher education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Braun (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title IV of the Higher Education Act of 1965 to provide
program eligibility for distance education programs offered by foreign
institutions of higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Distance Education for
Foreign Institutions Act''.
SEC. 2. ELIGIBILITY OF DISTANCE EDUCATION PROGRAMS OFFERED BY FOREIGN
INSTITUTIONS OF HIGHER EDUCATION.
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4)(A) An otherwise eligible program that is offered by a foreign
institution and is offered in part through distance education is
eligible for the purposes of this title if--
``(i) not more than 12.5 percent of such program consists
of courses offered principally through distance education;
``(ii) the foreign institution has been evaluated and
determined by an outside oversight entity, such as an
accrediting agency or association or government entity, to have
the capability to effectively deliver distance education
programs; and
``(iii) the students receiving aid under this title are
physically present in the country where the foreign institution
is located during the distance education instruction.
``(B) In calculating the percentage of a program offered through
distance education for purposes of clause (i) of subparagraph (A), any
course that is part of such a program that requires a student's regular
in-person attendance for more than 50 percent of the instruction, but
also includes one or more distance education components as part of the
course, shall not be considered to be offered principally through
distance education.''.
<all>
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118S1169 | Holding Foreign Insiders Accountable Act | [
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"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
],
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1169 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1169
To amend the Securities Exchange Act of 1934 to address disclosures by
directors, officers, and principal stockholders of foreign private
issuers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Kennedy (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Securities Exchange Act of 1934 to address disclosures by
directors, officers, and principal stockholders of foreign private
issuers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holding Foreign Insiders Accountable
Act''.
SEC. 2. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL STOCKHOLDERS.
(a) In General.--Section 16(a)(1) of the Securities Exchange Act of
1934 (15 U.S.C. 78p(a)(1)) is amended by inserting ``(including any
such security of a foreign private issuer, as that term is defined in
section 240.3b-4 of title 17, Code of Federal Regulations, or any
successor regulation)'' after ``pursuant to section 12''.
(b) Effect on Regulation.--If any provision of section 240.3a12-
3(b) of title 17, Code of Federal Regulations, or any successor
regulation, is inconsistent with the amendment made by subsection (a),
that provision of such section 240.3a12-3(b) (or such successor) shall
have no force or effect.
(c) Issuance or Amendment of Regulations.--Not later than 90 days
after the date of enactment of this Act, the Securities and Exchange
Commission shall issue final regulations (or amend existing regulations
of the Commission) to carry out the amendment made by subsection (a).
<all>
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118S117 | Handgun Permit to Purchase Act | [
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
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"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"M001169",
"Sen. Murphy, Christopher [D-CT]",
"cosponsor"
]
] | <p><b>Handgun Permit to Purchase Act</b></p> <p>This bill authorizes a grant program for states, local governments, and Indian tribes to implement and evaluate handgun purchaser licensing requirements. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 117 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 117
To authorize a grant program for handgun licensing programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Van Hollen (for himself, Mr. Blumenthal, and Mr. Murphy) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
To authorize a grant program for handgun licensing 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 ``Handgun Permit to Purchase Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In 2020, 59 percent of firearm homicides in the United
States for which a firearm type was specified were committed
with a handgun.
(2) Research by top national experts show that--
(A) adoption of handgun purchaser licensing laws
are associated with significant reductions in firearm-
related homicides; and
(B) repeal of handgun purchaser licensing laws are
associated with significant increases in firearm-
related homicides.
(3) Research on the effects of the adoption of a handgun
purchaser licensing law in Connecticut in 1995 showed--
(A) a 27.8-percent reduction in the rate of firearm
homicide; and
(B) a 32.8-percent reduction in firearm suicide
rates.
(4) Published research has shown that the repeal of a
handgun purchaser licensing law in Missouri in 2007 was
associated with--
(A) a 47.3-percent increase in the rate of firearm
homicide; and
(B) a 23.5-percent increase in firearm suicide
rates.
(5) In States that have had effective handgun purchaser
licensing laws for decades, such as Connecticut, Massachusetts,
New Jersey, and New York, the vast majority of firearms traced
to crimes originated in States that do not have handgun
purchaser licensing laws, which supports the need for handgun
purchaser licensing laws in every State.
(6) Research has shown that States with handgun purchaser
licensing laws export far fewer firearms for criminal use in
other States than States that lack handgun purchaser licensing
laws.
SEC. 3. GRANT PROGRAM AUTHORIZED FOR HANDGUN LICENSING.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--HANDGUN LICENSING GRANT PROGRAM
``SEC. 3061. DEFINITION.
``In this part, the term `handgun' has the meaning given the term
in section 921(a) of title 18, United States Code.
``SEC. 3062. GRANT PROGRAM.
``(a) In General.--The Attorney General may award grants to States,
units of local government, and Indian tribes for the development,
implementation, and evaluation of handgun purchaser licensing
requirements.
``(b) Program Authorized.--From the amounts appropriated to carry
out this part, and not later than 90 days after such amounts are
appropriated, the Attorney General shall award grants, on a competitive
basis, to eligible applicants whose applications are approved under
subsection (c) to assist such applicants in implementing and improving
handgun purchaser licensing programs.
``(c) Application.--To be eligible to receive a grant under this
part, a State, unit of local government, or Indian tribe shall submit
to the Attorney General an application at such time, in such manner,
and containing such information as the Attorney General may require,
including--
``(1) a description of the law that the applicant has
enacted to require a license for any purchase of a handgun,
including a description of any exemptions to such law; and
``(2) a description of how the applicant will use the grant
to carry out or improve its handgun purchaser licensing
program.
``(d) Eligibility Requirements.--To be eligible for a grant under
this part, an applicant shall have in effect a handgun purchaser
licensing law that includes the following requirements:
``(1) With respect to an individual applying for a handgun
license or permit--
``(A) the individual shall be--
``(i) not less than 21 years old; and
``(ii) a citizen or national of the United
States or an alien lawfully admitted for
permanent residence (as those terms are defined
in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)));
``(B) the individual shall apply for the handgun
purchaser license or permit at a law enforcement agency
in the State in which the individual resides;
``(C) the individual shall reapply for the handgun
purchaser license or permit after a period not longer
than 5 years; and
``(D) the individual shall, in connection with the
application for the handgun purchaser license or
permit--
``(i) submit to a background investigation
and a criminal history check, as established by
the State, which shall ensure, at a minimum,
that the individual is not prohibited from
possessing a firearm under section 922(g) of
title 18, United States Code; and
``(ii) submit fingerprints and photographs.
``(2) An individual who is prohibited from possessing a
firearm under section 922(g) of title 18, United States Code,
may not be issued a handgun purchasing license or permit.
``(e) Use of Funds.--Grant funds awarded under this part shall be
used to improve the handgun purchaser licensing program of the grant
recipient.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated such sums as may be
necessary to carry out part PP.''.
<all>
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118S1170 | Project Safe Childhood Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1170
To reauthorize and update the Project Safe Childhood program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Cornyn (for himself, Ms. Klobuchar, Mr. Grassley, Mr. Blumenthal,
Mrs. Blackburn, Mr. Murphy, and Mr. Graham) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize and update the Project Safe Childhood program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Safe Childhood Act''.
SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION.
Section 143 of the Adam Walsh Child Protection and Safety Act of
2006 (34 U.S.C. 20942) is amended to read as follows:
``SEC. 143. PROJECT SAFE CHILDHOOD.
``(a) Definitions.--In this section:
``(1) Child sexual abuse material.--The term `child sexual
abuse material' has the meaning given the term `child
pornography' in section 2256 of title 18, United States Code.
``(2) Child sexual exploitation offense.--The term `child
sexual exploitation offense' means--
``(A)(i) an offense involving a minor under section
1591 or chapter 117 of title 18, United States Code;
``(ii) an offense under subsection (a), (b), or (c)
of section 2251 of title 18, United States Code;
``(iii) an offense under section 2251A or 2252A(g)
of title 18, United States Code; or
``(iv) any attempt or conspiracy to commit an
offense described in clause (i) or (ii); or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(3) Circle of trust offender.--The term `circle of trust
offender' means an offender who is related to, or in a position
of trust, authority, or supervisory control with respect to, a
child.
``(4) Computer.--The term `computer' has the meaning given
the term in section 1030 of title 18, United States Code.
``(5) Contact sexual offense.--The term `contact sexual
offense' means--
``(A) an offense involving a minor under chapter
109A of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense involving a minor under a State or
Tribal statute that is similar to a provision described
in subparagraph (A).
``(6) Dual offender.--The term `dual offender' means--
``(A) a person who commits--
``(i) a technology-facilitated child sexual
exploitation offense or an offense involving
child sexual abuse material; and
``(ii) a contact sexual offense; and
``(B) without regard to whether the offenses
described in clauses (i) and (ii) of subparagraph (A)--
``(i) are committed as part of the same
course of conduct; or
``(ii) involve the same victim.
``(7) Facilitator.--The term `facilitator' means an
individual who facilitates the commission by another individual
of--
``(A) a technology-facilitated child sexual
exploitation offense or an offense involving child
sexual abuse material; or
``(B) a contact sexual offense.
``(8) ICAC affiliate partner.--The term `ICAC affiliate
partner' means a law enforcement agency that has entered into a
formal operating agreement with the ICAC Task Force Program.
``(9) ICAC task force.--The term `ICAC task force' means a
task force that is part of the ICAC Task Force Program.
``(10) ICAC task force program.--The term `ICAC Task Force
Program' means the National Internet Crimes Against Children
Task Force Program established under section 102 of the PROTECT
Our Children Act of 2008 (34 U.S.C. 21112).
``(11) Offense involving child sexual abuse material.--The
term `offense involving child sexual abuse material' means--
``(A) an offense under section 2251(d), section
2252, or paragraphs (1) through (6) of section 2252A(a)
of title 18, United States Code, or any attempt or
conspiracy to commit such an offense; or
``(B) an offense under a State or Tribal statute
that is similar to a provision described in
subparagraph (A).
``(12) Serious offender.--The term `serious offender'
means--
``(A) an offender who has committed a contact
sexual offense or child sexual exploitation offense;
``(B) a dual offender, circle of trust offender, or
facilitator; or
``(C) an offender with a prior conviction for a
contact sexual offense, a child sexual exploitation
offense, or an offense involving child sexual abuse
material.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(14) Technology-facilitated.--The term `technology-
facilitated', with respect to an offense, means an offense that
is committed through the use of a computer, even if the use of
a computer is not an element of the offense.
``(b) Establishment of Program.--The Attorney General shall create
and maintain a nationwide initiative to align Federal, State, and local
entities to combat the growing epidemic of online child sexual
exploitation and abuse, to be known as the `Project Safe Childhood
program', in accordance with this section.
``(c) Best Practices.--The Attorney General, in coordination with
the Child Exploitation and Obscenity Section of the Criminal Division
of the Department of Justice and the Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice, and in
consultation with training and technical assistance providers under the
ICAC Task Force Program who are funded by the Attorney General and with
appropriate nongovernmental organizations, shall--
``(1) develop best practices to adopt a balanced approach
to the investigation of suspect leads involving contact sexual
offenses, child sexual exploitation offenses, and offenses
involving child sexual abuse material, and the prosecution of
those offenses, prioritizing when feasible the identification
of a child victim or a serious offender, which approach shall
incorporate the use of--
``(A) proactively generated leads, including leads
generated by current and emerging technology;
``(B) in-district investigative referrals; and
``(C) CyberTipline reports from the National Center
for Missing and Exploited Children;
``(2) develop best practices to be used by each United
States Attorney and ICAC task force to assess the likelihood
that an individual could be a serious offender or that a child
victim may be identified;
``(3) develop and implement a tracking and communication
system for Federal, State, and local law enforcement agencies
and prosecutor's offices to report successful cases of victim
identification and child rescue to the Department of Justice
and the public; and
``(4) encourage the submission of all lawfully seized
visual depictions to the Child Victim Identification Program of
the National Center for Missing and Exploited Children.
``(d) Implementation.--Except as authorized under subsection (e),
funds authorized under this section may only be used for the following
4 purposes:
``(1) Integrated Federal, State, and local efforts to
investigate and prosecute contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material, including--
``(A) the partnership by each United States
Attorney with each Internet Crimes Against Children
Task Force within the district of such attorney;
``(B) training of Federal, State, and local law
enforcement officers and prosecutors through--
``(i) programs facilitated by the ICAC Task
Force Program;
``(ii) ICAC training programs supported by
the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice;
``(iii) programs facilitated by appropriate
nongovernmental organizations with subject
matter expertise, technical skill, or
technological tools to assist in the
identification of and response to serious
offenders, contact sexual offenses, child
sexual exploitation offenses, or offenses
involving child sexual abuse material; and
``(iv) any other program that provides
training--
``(I) on the investigation and
identification of serious offenders or
victims of contact sexual offenses,
child sexual exploitation offenses, or
offenses involving child sexual abuse
material; or
``(II) that specifically addresses
the use of existing and emerging
technologies to commit or facilitate
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(C) the development by each United States
Attorney of a district-specific strategic plan to
coordinate with State and local law enforcement
agencies and prosecutor's offices, including ICAC task
forces and their ICAC affiliate partners, on the
investigation of suspect leads involving serious
offenders, contact sexual offenses, child sexual
exploitation offenses, and offenses involving child
sexual abuse material, and the prosecution of those
offenders and offenses, which plan--
``(i) shall include--
``(I) the use of the best practices
developed under paragraphs (1) and (2)
of subsection (c);
``(II) the development of plans and
protocols to target and rapidly
investigate cases involving potential
serious offenders or the identification
and rescue of a victim of a contact
sexual offense, a child sexual
exploitation offense, or an offense
involving child sexual abuse material;
``(III) the use of training and
technical assistance programs to
incorporate victim-centered, trauma-
informed practices in cases involving
victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse
material, which may include the use of
child protective services, children's
advocacy centers, victim support
specialists, or other supportive
services;
``(IV) the development of plans to
track, report, and clearly communicate
successful cases of victim
identification and child rescue to the
Department of Justice and the public;
``(V) an analysis of the
investigative and forensic capacity of
law enforcement agencies and
prosecutor's offices within the
district, and goals for improving
capacity and effectiveness;
``(VI) a written policy describing
the criteria for referrals for
prosecution from Federal, State, or
local law enforcement agencies,
particularly when the investigation may
involve a potential serious offender or
the identification or rescue of a child
victim;
``(VII) plans and budgets for
training of relevant personnel on
contact sexual offenses, child sexual
exploitation offenses, and offenses
involving child sexual abuse material;
``(VIII) plans for coordination and
cooperation with State, local, and
Tribal law enforcement agencies and
prosecutorial offices; and
``(IX) evidence-based programs that
educate the public about and increase
awareness of such offenses; and
``(ii) shall be developed in consultation,
as appropriate, with--
``(I) the local ICAC task force;
``(II) the United States Marshals
Service Sex Offender Targeting Center;
``(III) training and technical
assistance providers under the ICAC
Task Force Program who are funded by
the Attorney General;
``(IV) nongovernmental
organizations with subject matter
expertise, technical skill, or
technological tools to assist in the
identification of and response to
contact sexual offenses, child sexual
exploitation offenses, or offenses
involving child sexual abuse material;
``(V) any relevant component of
Homeland Security Investigations;
``(VI) any relevant component of
the Federal Bureau of Investigation;
``(VII) the Office of Juvenile
Justice and Delinquency Prevention of
the Department of Justice;
``(VIII) the Child Exploitation and
Obscenity Section of the Criminal
Division of the Department of Justice;
``(IX) the United States Postal
Inspection Service;
``(X) the United States Secret
Service; and
``(XI) each military criminal
investigation organization of the
Department of Defense; and
``(D) a quadrennial assessment by each United
States Attorney of the investigations within the
district of such attorney of contact sexual offenses,
child sexual exploitation offenses, and offenses
involving child sexual abuse material--
``(i) with consideration of--
``(I) the variety of sources for
leads;
``(II) the proportion of work
involving proactive or undercover law
enforcement investigations;
``(III) the number of serious
offenders identified and prosecuted;
and
``(IV) the number of children
identified or rescued; and
``(ii) information from which may be used
by the United States Attorney, as appropriate,
to revise the plan described in subparagraph
(C).
``(2) Major case coordination by the Department of Justice
(or other Federal agencies as appropriate), including specific
cooperation, as appropriate, with--
``(A) the Child Exploitation and Obscenity Section
of the Criminal Division of the Department of Justice;
``(B) any relevant component of Homeland Security
Investigations;
``(C) any relevant component of the Federal Bureau
of Investigation;
``(D) the ICAC task forces and ICAC affiliate
partners;
``(E) the United States Marshals Service, including
the Sex Offender Targeting Center;
``(F) the United States Postal Inspection Service;
``(G) the United States Secret Service;
``(H) each Military Criminal Investigation
Organization of the Department of Defense; and
``(I) any task forces established in connection
with the Project Safe Childhood program set forth under
subsection (b).
``(3) Increased Federal involvement in, and commitment to,
the prevention and prosecution of technology-facilitated child
sexual exploitation offenses or offenses involving child sexual
abuse material by--
``(A) using technology to identify victims and
serious offenders;
``(B) developing processes and tools to identify
victims and offenders; and
``(C) taking measures to improve information
sharing among Federal law enforcement agencies,
including for the purposes of implementing the plans
and protocols described in paragraph (1)(C)(i)(II) to
identify and rescue--
``(i) victims of contact sexual offenses,
child sexual exploitation offenses, and
offenses involving child sexual abuse material;
or
``(ii) victims of serious offenders.
``(4) The establishment, development, and implementation of
a nationally coordinated `Safer Internet Day' every year
developed in collaboration with the Department of Education,
national and local internet safety organizations, parent
organizations, social media companies, and schools to provide--
``(A) national public awareness and evidence-based
educational programs about the threats posed by circle
of trust offenders and the threat of contact sexual
offenses, child sexual exploitation offenses, or
offenses involving child sexual abuse material, and the
use of technology to facilitate those offenses;
``(B) information to parents and children about how
to avoid or prevent technology-facilitated child sexual
exploitation offenses; and
``(C) information about how to report possible
technology-facilitated child sexual exploitation
offenses or offenses involving child sexual abuse
material through--
``(i) the National Center for Missing and
Exploited Children;
``(ii) the ICAC Task Force Program; and
``(iii) any other program that--
``(I) raises national awareness
about the threat of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material; and
``(II) provides information to
parents and children seeking to report
possible violations of technology-
facilitated child sexual exploitation
offenses or offenses involving child
sexual abuse material.
``(e) Expansion of Project Safe Childhood.--Notwithstanding
subsection (d), funds authorized under this section may be also be used
for the following purposes:
``(1) The addition of not less than 20 Assistant United
States Attorneys at the Department of Justice, relative to the
number of such positions as of the day before the date of
enactment of the Project Safe Childhood Act, who shall be--
``(A) dedicated to the prosecution of cases in
connection with the Project Safe Childhood program set
forth under subsection (b); and
``(B) responsible for assisting and coordinating
the plans and protocols of each district under
subsection (d)(1)(C)(i)(II).
``(2) Such other additional and related purposes as the
Attorney General determines appropriate.
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated--
``(A) for the activities described under paragraphs
(1), (2), and (3) of subsection (d), $28,550,000 for
each of fiscal years 2023 through 2028;
``(B) for the activities described under subsection
(d)(4), $4,000,000 for each of fiscal years 2023
through 2028; and
``(C) for the activities described under subsection
(e), $29,100,000 for each of fiscal years 2023 through
2028.
``(2) Supplement, not supplant.--Amounts made available to
State and local agencies, programs, and services under this
section shall supplement, and not supplant, other Federal,
State, or local funds made available for those agencies,
programs, and services.''.
SEC. 3. TECHNICAL CLARIFICATIONS.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 1201--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``obtains by defrauding or
deceiving any person,'' after ``abducts,''; and
(B) in subsection (g), by adding at the end the
following:
``(2) Defense.--For an offense described in this subsection
involving a victim who has not attained the age of 16 years, it
is not a defense that the victim consented to the offender's
conduct unless the offender can establish by a preponderance of
the evidence that the offender reasonably believed that the
victim had attained the age of 16 years.'';
(2) in chapter 109A--
(A) in section 2241--
(i) in subsection (b)--
(I) in paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2)(B)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
(ii) in subsection (c)--
(I) by striking ``crosses a State
line'' and inserting ``travels in
interstate or foreign commerce'';
(II) by inserting ``or cause''
after ``engage in'';
(III) by inserting ``or by'' after
``a sexual act with'' each place it
appears;
(IV) by inserting ``or by'' after
``subsections (a) and (b) with'';
(V) by inserting ``or causes''
after ``engages in'' each place it
appears; and
(VI) by inserting ``or causing''
after ``so engaging''; and
(iii) in subsection (d), by inserting ``or
being caused to engage in'' after ``engaging
in'';
(B) in section 2242--
(i) in paragraph (2), in the matter
preceding subparagraph (A)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with''; and
(ii) in paragraph (3)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with'';
(C) in section 2243--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2), by inserting
``or causing'' after ``so engaging'';
(ii) in subsection (b)--
(I) in the matter preceding
paragraph (1)--
(aa) by inserting ``or
causes'' after ``engages in'';
and
(bb) by inserting ``or by''
after ``a sexual act with'';
and
(II) in paragraph (2), by inserting
``or causing'' after ``so engaging'';
(iii) in subsection (c)--
(I) by inserting ``or causes''
after ``engages in''; and
(II) by inserting ``or by'' after
``a sexual act with''; and
(iv) in subsection (e)--
(I) in paragraph (1), by inserting
``or being caused to engage in'' after
``engaging in''; and
(II) in paragraph (2), by striking
``between the persons so engaging'' and
inserting the following: ``between--
``(A) the defendant; and
``(B) the person--
``(i) with whom the defendant engaged in a
sexual act; or
``(ii) whom the defendant caused to engage
in a sexual act''; and
(D) in section 2244(b)--
(i) by inserting ``or causes'' after
``engages in''; and
(ii) by inserting ``or by'' after ``sexual
contact with''; and
(3) in section 2423(f)(1)--
(A) by striking ``a sexual act (as defined in
section 2246) with'' and inserting ``any conduct
involving''; and
(B) by striking ``sexual act occurred'' and
inserting ``conduct occurred''.
(b) Effective Date.--The amendment to section 2241(c) of title 18,
United States Code, made by subsection (a)(2)(A)(ii)(I) of this section
shall apply to conduct that occurred before, on, or after the date of
enactment of this Act.
SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.
Title 18 of the United States Code is amended--
(1) in section 1466A--
(A) in subsection (a)(1)(A), by inserting ``, or
includes a minor in such visual depiction of any adult
engaging in sexually explicit conduct'' after
``sexually explicit conduct''; and
(B) in subsection (b)(1)(A), by inserting ``, or
includes a minor in such visual depiction of any adult
engaging in sexually explicit conduct'' after
``sexually explicit conduct'';
(2) in chapter 109A--
(A) in section 2244--
(i) in subsection (a)--
(I) by redesignating paragraphs (1)
through (5) as subparagraphs (A)
through (E), respectively, and
adjusting the margins accordingly;
(II) by striking ``Whoever'' and
inserting the following:
``(1) In general.--Whoever'';
(III) in paragraph (1), as so
designated--
(aa) in the matter
preceding subparagraph (A), as
so redesignated, by striking
``if so to do'' and inserting
``if to do so'';
(bb) in subparagraph (A),
as so redesignated, by striking
``ten'' and inserting ``10'';
(cc) in subparagraph (B),
as so redesignated, by striking
``three'' and inserting
``10''';
(dd) in subparagraph (C),
as so redesignated, by striking
``two'' and inserting ``5'';
and
(ee) in subparagraph (D),
as so redesignated, by striking
``two'' and inserting ``5'';
and
(IV) by adding at the end the
following:
``(2) Attempt.--Whoever attempts to commit an offense under
paragraph (1) shall be subject to the same penalty as for a
completed offense.'';
(ii) in subsection (b)--
(I) by inserting ``or causes''
after ``engages in'';
(II) by inserting ``or by'' after
``sexual contact with'';
(III) by inserting ``, or attempts
to do so,'' after ``other person's
permission''; and
(IV) by striking ``two'' and
inserting ``2''; and
(iii) in subsection (c), by striking ``If
the sexual contact that violates this section
(other than subsection (a)(5)) is with an
individual'' and inserting ``If the sexual
contact or attempted sexual contact that a
person engages in or causes in violation of
this section (other than subsection (a)(1)(E))
is with or by an individual''; and
(B) in section 2246(2), by inserting after ``16
years'' the following: ``, or of any person by a person
who has not attained the age of 16 years,''; and
(3) in chapter 110--
(A) in section 2251--
(i) by striking subsections (a) and (b) and
inserting the following:
``(a) Any person who, in a circumstance described in subsection
(f), engages in any of the following conduct shall be punished as
provided under subsection (e):
``(1) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct
or transmitting a live visual depiction of such conduct.
``(2) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct and
in the course thereof, knowingly produces or causes to be
produced any visual depiction of such conduct, or transmits or
causes to be transmitted a live visual depiction of such
conduct.
``(3) Engages in sexually explicit conduct in the presence
of a minor for the purpose of producing any visual depiction of
such conduct or transmitting a live visual depiction of such
conduct, intending that the minor be included in such visual
depiction.
``(4) Engages in sexually explicit conduct in the presence
of a minor and in the course thereof, knowingly produces or
causes to be produced any visual depiction of such conduct, or
transmits or causes to be transmitted a live visual depiction
of such conduct, intentionally including the minor in such
visual depiction.
``(5) Has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (4) of this subsection.
``(6) Transports any minor in or affecting interstate or
foreign commerce with the intent that such minor be used in the
production or live transmission of any visual depiction of a
minor engaged in any sexually explicit conduct.
``(b) Any parent, legal guardian, or person who has custody or
control of a minor and, in a circumstance described in subsection (f),
engages in any of the following conduct shall be punished as provided
under subsection (e):
``(1) Knowingly permits such minor to engage in, or to
assist any other person to engage in, sexually explicit
conduct--
``(A) for the purpose of producing any visual
depiction of such conduct or transmitting a live visual
depiction of such conduct; or
``(B) knowing that any visual depiction of such
conduct will be produced or transmitted.
``(2) Knowingly permits an adult to engage in sexually
explicit conduct in the presence of the minor--
``(A) for the purpose of producing any visual
depiction of such conduct or transmitting a live visual
depiction of such conduct, intending that the minor be
included in such visual depiction; or
``(B) knowing that any visual depiction of such
conduct will be produced or transmitted, intentionally
including the minor in such visual depiction.'';
(ii) in subsection (c)--
(I) in paragraph (1)--
(aa) by striking ``employs,
uses, persuades, induces,
entices, or coerces any minor
to engage in, or who has a
minor assist any other person
to engage in, any sexually
explicit conduct'' and
inserting ``engages in any of
the conduct described in
paragraphs (1) through (5) of
subsection (a)''; and
(bb) by striking ``for the
purpose of producing any visual
depiction of such conduct,'';
and
(II) in paragraph (2)--
(aa) in subparagraph (A),
by inserting ``or transmitted''
after ``transported''; and
(bb) in subparagraph (B) by
inserting ``or transmits''
after ``transports'';
(iii) in subsection (d)(1), by striking
subparagraph (A) and inserting the following:
``(A) to receive, exchange, buy, produce, display,
distribute, or reproduce, any visual depiction, if--
``(i) the production of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the production of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction; or''; and
(iv) by adding at the end the following:
``(f) Circumstances.--The circumstance referred to in subsections
(a) and (b) is that--
``(1) the person knows or has reason to know that the
visual depiction will be--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed;
``(2) the visual depiction was produced or transmitted
using materials that have been--
``(A) mailed; or
``(B) shipped or transported in or affecting
interstate or foreign commerce by any means, including
by computer;
``(3) the visual depiction has actually been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed; or
``(4) any part of the offense occurred in a territory or
possession of the United States or within the special maritime
and territorial jurisdiction of the United States.'';
(B) in section 2251A--
(i) in subsection (a)--
(I) in the matter preceding
paragraph (1), by inserting `` or
control'' after ``transfer custody'';
(II) by striking paragraph (1) and
inserting the following:
``(1) with knowledge that, as a consequence of the sale or
transfer, the minor will be--
``(A) portrayed in any visual depiction engaging
in, or assisting another person to engage in, sexually
explicit conduct; or
``(B) intentionally included in any visual
depiction of an adult engaging in sexually explicit
conduct in the presence of the minor; or''; and
(III) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``either'';
(bb) in subparagraph (A),
by striking ``or'' at the end;
(cc) in subparagraph (B),
by adding ``or'' at the end;
and
(dd) by inserting after
subparagraph (B) the following:
``(C) the intentional inclusion of the minor in any
visual depiction of an adult engaging in sexually
explicit conduct in the presence of the minor;'' and
(ii) in subsection (b)--
(I) by striking paragraph (1) and
inserting the following:
``(1) with knowledge that, as a consequence of the purchase
or obtaining of custody or control, the minor will be--
``(A) portrayed in any visual depiction engaging
in, or assisting another person to engage in, sexually
explicit conduct; or
``(B) intentionally included in any visual
depiction of an adult engaging in sexually explicit
conduct in the presence of the minor; or''; and
(II) in paragraph (2)--
(aa) in the matter
preceding subparagraph (A), by
striking ``either'';
(bb) in subparagraph (A),
by striking ``or'' at the end;
(cc) in subparagraph (B),
by adding ``or'' at the end;
and
(dd) by inserting after
subparagraph (B) the following:
``(C) the intentional inclusion of the minor in any
visual depiction of an adult engaging in sexually
explicit conduct in the presence of the minor;'';
(C) in section 2252(a)--
(i) in paragraph (1), by striking
subparagraphs (A) and (B) and inserting the
following:
``(A) the producing of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct and such visual depiction is of such
conduct; or
``(B) the producing of such visual depiction
involves an adult engaging in sexually explicit conduct
in the presence of a minor, such visual depiction is of
such conduct, and the minor is intentionally included
in the visual depiction;'';
(ii) in paragraph (2), by striking
subparagraphs (A) and (B) and inserting the
following:
``(A) the producing of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct and such visual depiction is of such
conduct; or
``(B) the producing of such visual depiction
involves an adult engaging in sexually explicit conduct
in the presence of a minor, such visual depiction is of
such conduct, and the minor is intentionally included
in the visual depiction;'';
(iii) in paragraph (3)(B), by striking
clauses (i) and (ii) and inserting the
following:
``(i) the producing of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the producing of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction;''; and
(iv) in paragraph (4)(B), by striking
clauses (i) and (ii) and inserting the
following:
``(i) the producing of such visual
depiction involves the use of a minor engaging
in sexually explicit conduct and such visual
depiction is of such conduct; or
``(ii) the producing of such visual
depiction involves an adult engaging in
sexually explicit conduct in the presence of a
minor, such visual depiction is of such
conduct, and the minor is intentionally
included in the visual depiction;'';
(D) in section 2256--
(i) in paragraph (8)--
(I) by striking subparagraph (A)
and inserting the following:
``(A) the production of such visual depiction
involves--
``(i) the use of a minor engaging in
sexually explicit conduct; or
``(ii) an adult engaging in sexually
explicit conduct in the presence of a minor and
the intentional inclusion of the minor in the
visual depiction;'' and
(II) in subparagraph (B), by
inserting after ``sexually explicit
conduct'' the following: ``or that of a
minor intentionally included in such
visual depiction of an adult engaging
in sexually explicit conduct''; and
(III) in subparagraph (C), by
inserting after ``sexually explicit
conduct.'' the following: ``or is
intentionally included in such visual
depiction of an adult engaging in
sexually explicit conduct'';
(ii) in paragraph (9), by striking the
period at the end and inserting a semicolon;
(iii) in paragraph (10), by striking
``and'' at the end;
(iv) in paragraph (11), by striking the
period at the end and inserting ``; and''; and
(v) adding at the end the following:
``(12) the terms `uses any minor to engage in', `the use of
a minor engaging in', and `in the presence of a minor' do not
require--
``(A) the minor to be aware of, or to be capable of
appraising the nature of, the sexually explicit
conduct; or
``(B) any direct engagement or active participation
by the minor in the sexually explicit conduct.''; and
(E) in section 2260--
(i) by striking subsection (a) and
inserting the following:
``(a) Use of Minor.--A person who, outside the United States,
engages in any of the following conduct, intending that the visual
depiction will be imported or transmitted into the United States or
into waters within 12 miles of the coast of the United States, shall be
punished as provided in subsection (c):
``(1) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct
or transmitting a live visual depiction of such conduct.
``(2) Employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct and
in the course thereof, knowingly produces or causes to be
produced any visual depiction of such conduct, or transmits or
causes to be transmitted a live visual depiction of such
conduct.
``(3) Engages in sexually explicit conduct in the presence
of a minor for the purpose of producing any visual depiction of
such conduct or transmitting a live visual depiction of such
conduct, intending that the minor be included in such visual
depiction.
``(4) Engages in sexually explicit conduct in the presence
of a minor and in the course thereof, knowingly produces or
causes to be produced any visual depiction of such conduct, or
transmits or causes to be transmitted a live visual depiction
of such conduct, intentionally including the minor in such
visual depiction.
``(5) Has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (4) of this subsection.
``(6) Transports any minor in or affecting foreign commerce
with the intent that such minor be used in the production or
live transmission of any visual depiction of a minor engaged in
any sexually explicit conduct.''; and
(ii) in subsection (b), by striking
``visual depiction of a minor engaging in
sexually explicit conduct (if the production of
the visual depiction involved the use of a
minor engaging in sexually explicit conduct),
intending that the visual depiction'' and
inserting ``child pornography (as defined in
section 2256(8)(A)), intending that the child
pornography''.
<all>
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118S1171 | Ending Trading and Holdings In Congressional Stocks (ETHICS) Act | [
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"sponsor"
],
[
"B000944",
"Sen. Brown, Sherrod [D-OH]",
"cosponsor"
],
[
"G000555",
"Sen. Gillibrand, Kirsten E. [D-NY]",
"cosponsor"
],
[
"K000383",
"Sen. King, Angus S., Jr. [I-ME]",
"cosponsor"
],
[
"S00... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1171 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1171
To amend chapter 131 of title 5, United States Code, to prevent Members
of Congress and their spouses and dependent children from trading
stocks and owning stocks, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2023
Mr. Merkley (for himself, Mr. Brown, Mrs. Gillibrand, Mr. King, Mr.
Sanders, Ms. Stabenow, Mrs. Shaheen, Ms. Duckworth, Mr. Casey, Mr.
Welch, Mr. Lujan, Mr. Fetterman, Ms. Hirono, Ms. Cortez Masto, Ms.
Baldwin, Mr. Van Hollen, Mr. Cardin, Mr. Tester, Mr. Heinrich, Mr.
Kaine, and Mr. Blumenthal) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To amend chapter 131 of title 5, United States Code, to prevent Members
of Congress and their spouses and dependent children from trading
stocks and owning stocks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Trading and Holdings In
Congressional Stocks (ETHICS) Act''.
SEC. 2. PLACEMENT OF CERTAIN ASSETS OF MEMBERS OF CONGRESS AND THEIR
SPOUSES AND DEPENDENT CHILDREN IN QUALIFIED BLIND TRUSTS.
(a) In General.--Chapter 131 of title 5, United States Code, is
amended by adding at the end the following:
``Subchapter IV--Certain Assets of Members of Congress and Their
Spouses and Dependent Children
``Sec. 13161. Definitions
``In this title:
``(1) Commodity.--The term `commodity' has the meaning
given the term in section 1a of the Commodity Exchange Act (7
U.S.C. 1a).
``(2) Covered investment.--
``(A) In general.--The term `covered investment'
means--
``(i) an investment in--
``(I) a security;
``(II) a commodity; or
``(III) a future;
``(ii) any economic interest comparable to
an interest described in clause (i) that is
acquired through synthetic means, such as the
use of a derivative, including an option,
warrant, or other, similar means; or
``(iii) any interest described in clause
(i) or (ii) that is held directly, or in which
an individual has an indirect, beneficial, or
economic interest, through--
``(I) an investment fund or holding
company;
``(II) a trust (other than a
qualified blind trust);
``(III) an employee benefit plan;
or
``(IV) a deferred compensation
plan, including a carried interest or
other agreement tied to the performance
of an investment, other than a fixed
cash payment.
``(B) Exclusions.--The term `covered investment'
does not include--
``(i) a diversified mutual fund (including
any holdings of such a fund);
``(ii) a diversified exchange-traded fund
(including any holdings of such a fund);
``(iii) a United States Treasury bill,
note, or bond;
``(iv) compensation from the primary
occupation of the spouse of a Member of
Congress, or any security that is issued or
paid by an operating business that is the
primary employer of such a spouse that is
issued or paid to such a spouse;
``(v) holding and acquiring any security
that is issued or paid as compensation from
corporate board service by the spouse of a
Member of Congress, including the dividend
reinvestment in the same security received from
the corporate board service by the spouse of a
Member of Congress;
``(vi) any covered investment that is
traded by the spouse of a Member of Congress in
the course of performing the primary occupation
of such a spouse, provided the investment is
not owned by a covered person;
``(vii) any investment fund held in a
Federal, State, or local government employee
retirement plan;
``(viii) a tax-free State or municipal
bond;
``(ix) an interest in a small business
concern, if the supervising ethics office
determines that the small business concern does
not present a conflict of interest, and, in the
case of an investment in a family farm or ranch
that qualifies as an interest in a small
business concern, a future or commodity
directly related to the farming activities and
products of the farm or ranch;
``(x) holding investment-grade corporate
bonds, provided that the corporate bonds are
held by an individual who is a covered person
on the date of enactment of the Ending Trading
and Holdings In Congressional Stocks (ETHICS)
Act;
``(xi) any share of Settlement Common Stock
issued under section 7(g)(1)(A) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1606(g)(1)(A)); or
``(xii) any share of Settlement Common
Stock, as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
``(3) Covered person.--The term `covered person' means--
``(A) a Member of Congress; and
``(B) a spouse or dependent child of a Member of
Congress.
``(4) Custody.--The term `custody' has the meaning given
the term in section 275.206(4)-2(d) of title 17, Code of
Federal Regulations (as in effect on the date of enactment of
the Ending Trading and Holdings In Congressional Stocks
(ETHICS) Act or a successor regulation).
``(5) Dependent child.--The term `dependent child' means,
with respect to any Member of Congress any individual who is--
``(A) under the age of 19; and
``(B) a dependent of the Member of Congress within
the meaning of section 152 of the Internal Revenue Code
of 1986.
``(6) Diversified.--The term `diversified', with respect to
a fund, trust, or plan, means that the fund, trust, or plan
does not have a stated policy of concentrating its investments
in any industry, business, or single country other than the
United States.
``(7) Future.--The term `future' means--
``(A) a security future (as defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a))); and
``(B) any other contract for the sale of a
commodity for future delivery.
``(8) Illiquid investment.--The term `illiquid investment'
means an interest in a private fund, as defined in section
202(a)(29) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2).
``(9) Initial property.--The term `initial property' means
an asset or financial interest transferred to a qualified blind
trust by, or on behalf of, an interested party or a relative of
an interested party, regardless of whether the asset or
financial interest is transferred to the qualified blind trust
on or after the date of establishment of the qualified blind
trust.
``(10) Interested party.--The term `interested party' has
the meaning given the term in section 13104(f)(3)(E).
``(11) Member of congress; supervising ethics office.--The
terms `Member of Congress' and `supervising ethics office' have
the meaning given those terms in section 13101.
``(12) Qualified blind trust.--The term `qualified blind
trust' means a qualified blind trust (as defined in section
13104(f)(3)) that has been approved in writing by the
applicable supervising ethics office under section
13104(f)(3)(D).
``(13) Security.--The term `security' has the meaning given
the term in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(14) Small business concern.--The term `small business
concern' has the meaning given the term under section 3 of the
Small Business Act (15 U.S.C. 632).
``Sec. 13162. Trading covered investments
``(a) Ban on Trading.--Except as provided in subsections (b) and
(c)--
``(1) effective on the date of enactment of the Ending
Trading and Holdings In Congressional Stocks (ETHICS) Act, a
Member of Congress shall not purchase any covered investment;
``(2) effective on the date that is 90 days after the date
of enactment of the Ending Trading and Holdings In
Congressional Stocks (ETHICS) Act, a Member of Congress shall
not sell any covered investment, except as provided in section
13163(a)(2); and
``(3) on and after the effective date described in section
13163(k), a covered person that is a spouse or dependent child
of a Member of Congress shall not purchase any covered
investment or sell any covered investment, except as provided
in section 13163(a)(2).
``(b) Optional Divestment Window.--Notwithstanding subsection (a)--
``(1) a Member of Congress who is sworn as a Member of
Congress on or before the date of enactment of the Ending
Trading and Holdings In Congressional Stocks (ETHICS) Act may
sell a covered investment within 90 days of the date of
enactment of such act, provided that the Member of Congress may
not sell any covered investment at any time outside of that
period while the Member of Congress serves the term for which
the Member of Congress was elected or is reelected or appointed
as a Member of Congress except as provided in section
13163(a)(2); and
``(2) a Member of Congress who is sworn as a Member of
Congress after the date of enactment of the Ending Trading and
Holdings In Congressional Stocks (ETHICS) Act may sell a
covered investment within 90 days of commencing the term of
service as a Member of Congress, provided that the Member of
Congress may not sell any covered investment at any time
outside of that period while the Member of Congress serves the
term for which the Member of Congress was elected or is
reelected or appointed as a Member of Congress except as
provided in section 13163(a)(2).
``(c) Exception.--Notwithstanding subsection (a), a covered person
may divest a covered investment as directed by the relevant supervising
ethics office pursuant to this Act.
``(d) Joint Covered Investment.--Any covered investment reported to
the supervising ethics office as jointly owned by a Member of Congress
and the spouse of the Member of Congress shall be deemed to be a
covered investment of the Member of Congress for purposes of this
section.
``Sec. 13163. Addressing owned covered investments
``(a) Members of Congress.--
``(1) Certification.--Not later than 60 days after the
applicable effective date described in subsection (j), a Member
of Congress shall submit to the supervising ethics office a
certification, which the supervising ethics office shall
publish online that certifies that--
``(A) each covered investment owned by, or in the
custody of, the Member of Congress, or a spouse or
dependent child of the Member of Congress, will, by the
applicable deadline under paragraph (2), be--
``(i) divested, as described in paragraph
(2)(B); or
``(ii) placed in a qualified blind trust,
including through the establishment of a
qualified blind trust for that purpose, if
necessary, as described in paragraph (2)(A);
and
``(B) no spouse or dependent child of the Member of
Congress owns, or has custody of, covered investments
with a cumulative amount equal to more than $10,000, in
accordance with paragraph (6).
``(2) Divestiture or placement in qualified blind trust.--
``(A) Requirement.--Subject to paragraphs (3) and
(6) and subsection (b)(2), not later than 120 days
after the applicable effective date described in
subsection (j), a Member of Congress shall divest, or
place in a qualified blind trust (including by
establishing a qualified blind trust for that purpose,
if necessary), each covered investment owned or in the
custody of--
``(i) the Member of Congress; or
``(ii) a spouse or dependent child of the
Member of Congress.
``(B) Divestiture.--A covered person shall divest
any covered investment owned by or in the custody of
the covered person that is not placed in a qualified
blind trust not later than the date described in
subparagraph (A), subject to any extension granted
under paragraph (3).
``(C) Qualified blind trusts.--
``(i) Mandatory sale of initial property in
qualified blind trust.--
``(I) In general.--Subject to
clause (ii), if a covered person
places, or has placed before the
applicable effective date described in
subsection (j), 1 or more covered
investments in a qualified blind trust,
the trustee of the qualified blind
trust shall divest any such covered
investment not later than the date
specified in subclause (II).
``(II) Deadline.--The date
specified in this subclause is--
``(aa) with respect to a
covered investment placed in a
qualified blind trust before
the applicable effective date
described in subsection (j),
120 days after such applicable
effective date; and
``(bb) with respect to a
covered investment placed in a
qualified blind trust on or
after the applicable effective
date described in subsection
(j), 120 days after the date of
creation of the qualified blind
trust, as dated by the executed
qualified blind trust
agreement.
``(III) Notice of compliance.--
``(aa) In general.--Subject
to item (bb), upon completion
of the divestiture of all
initial property pursuant to
subclause (I)--
``(AA) the trustee
of a qualified blind
trust shall submit to
the supervising ethics
office and each
beneficiary of the
trust a written notice
stating that all
initial property of the
qualified blind trust
has been divested; and
``(BB) the
supervising ethics
office shall publish
the notice described in
subitem (AA) on the
website of the
supervising ethics
office.
``(bb) Contents.--Each
notice described in item
(aa)(AA)--
``(AA) shall only
identify the initial
property generally by
referring to the
complete list of assets
described in section
13104(f)(5)(A)(ii); and
``(BB) may not
contain any other
information relating to
any holding of the
qualified blind trust
or the timing of any
divestiture.
``(ii) Extension of mandatory sale of
initial property.--
``(I) Request.--A covered person
may apply to the supervising ethics
office for an extension of the period
described in clause (i)(I) if the size
or complexity of the covered
investments in the qualified blind
trust warrant such extension.
``(II) Duration.--An extension
granted under subclause (I) shall not
exceed 90 days.
``(D) Illiquid investments.--
``(i) Sale.--Not later than 90 days after
the date on which a covered person is
contractually permitted to sell an illiquid
investment, the covered person shall divest the
illiquid investment.
``(ii) Prohibition.--A covered person may
not place an illiquid investment in any
qualified blind trust under subparagraph (A).
``(E) Trustees.--A trustee of a qualified blind
trust--
``(i) shall be required to be a financial
institution, as defined in section 1a of the
Commodity Exchange Act (7 U.S.C. 1a); and
``(ii) except for a financial institution,
may not be--
``(I) an attorney;
``(II) a certified public
accountant;
``(III) a broker, as defined in
section 3(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)); or
``(IV) an investment advisor.
``(3) Extension of assets being placed in qualified blind
trusts.--If a covered person is unable to place a covered
investment in a qualified blind trust by the date described in
paragraph (2)(A), the applicable Member of Congress may
request, and the supervising ethics office may grant, 1 or more
reasonable extensions, subject to the conditions that--
``(A) the total period of time covered by all
extensions granted for the covered investment shall not
exceed 150 days; and
``(B) the period covered by a single extension
shall be not longer than 45 days.
``(4) Communications regarding existing qualified blind
trusts.--
``(A) In general.--Any direct or indirect
communication relating to a qualified blind trust in
existence on the applicable effective date described in
subsection (j) between a trustee of the qualified blind
trust and an interested party shall be permissible for
purposes of this title if the communication--
``(i)(I) is made--
``(aa) in writing; and
``(bb) not later than 60 days after
that effective date;
``(II) is filed with the applicable
supervising ethics office by the person
initiating the communication not less than 5
days before the date of the communication;
``(III) relates to a direction or request
to the trustee--
``(aa) to sell all initial property
placed in the qualified blind trust by
any interested party; or
``(bb) to convert all of an asset
in the qualified blind trust into an
investment other than a covered
investment; and
``(ii) is otherwise permitted under section
13104(f)(3)(C)(vi).
``(5) Communications between covered persons and trustees
relating to all qualified blind trusts.--
``(A) Notification.--A trustee of a qualified blind
trust shall not notify a covered person if--
``(i) the value of the initial property of
the qualified blind trust is less than $1,000;
or
``(ii) the trustee divests any property of
the qualified blind trust, other than the
initial property required to be divested
pursuant to paragraph (2).
``(B) Communication.--
``(i) In general.--Any communication
between a covered person and the trustee of the
relevant qualified blind trust--
``(I) shall be in writing; and
``(II) submitted and approved in
advance of the communication by the
supervising ethics office.
``(ii) Prohibition.--A communication
described in clause (i) may not include any
information relating to the manner in which
funds of the qualified blind trust are
invested, including any information relating
to--
``(I) any company in which the
funds are invested; or
``(II) any sector in which the
funds are invested.
``(6) Exception for dependents.--A covered person who is a
dependent child of a Member of Congress may have a legal
guardian hold or trade on behalf of the dependent child 1 or
more covered investments provided that the value of the covered
investments in total does not exceed $10,000.
``(b) Acquisitions During Service.--
``(1) In general.--Subject to paragraph (2), and any
applicable rules issued pursuant to subsection (h)(3),
effective beginning on the date of enactment of the Ending
Trading and Holdings In Congressional Stocks (ETHICS) Act, no
covered person may acquire any covered investment.
``(2) Inheritances.--
``(A) In general.--Subject to subparagraph (B), a
covered person who inherits a covered investment shall
come into compliance as required under subsection (a)
by not later than 120 days after the date on which the
covered investment is inherited.
``(B) Extensions.--If a covered person is unable to
meet the requirements of subparagraph (A), the
applicable Member of Congress may request, and the
supervising ethics office may grant, 1 or more
reasonable extensions, subject to the conditions that--
``(i) the total period of time covered by
all extensions granted for the covered
investment shall not exceed 150 days; and
``(ii) the period covered by a single
extension shall be not longer than 45 days.
``(c) Family Trusts.--
``(1) In general.--A supervising ethics office may grant an
exemption for a family trust only if--
``(A) no covered person--
``(i) is a grantor of the family trust;
``(ii) contributed any asset to the family
trust; or
``(iii) has any authority over a trustee of
the family trust, including the authority to
appoint, replace, or direct the actions of such
a trustee; and
``(B) the grantor of the family trust is or was a
family member of the covered person.
``(2) Requests.--A covered person seeking an exemption
under paragraph (1) shall submit to the applicable supervising
ethics office a request for the exemption, in writing,
certifying that the conditions described in that paragraph are
met.
``(3) Publication.--A supervising ethics office shall
publish on the public website of the supervising ethics
office--
``(A) a copy of each request submitted under
paragraph (2); and
``(B) the written response of the supervising
ethics office to each request described in subparagraph
(A).
``(d) Mingling of Assets.--A spouse or dependent child of a Member
of Congress may place a covered investment in a qualified blind trust
established by the Member of Congress under subsection (a)(2)(A)(i).
``(e) Separation From Service and Cooling-Off Period Required for
Control.--During the period beginning on the date on which an
individual becomes a Member of Congress and ending on the date that is
90 days after the date on which the individual ceases to serve as a
Member of Congress, the Member of Congress, and any spouse or dependent
child of the Member of Congress, may not--
``(1) dissolve any qualified blind trust in which a covered
investment has been placed pursuant to subsection (a)(2); or
``(2) except as provided in this section, otherwise control
a covered investment, including purchasing new covered
investments.
``(f) Reporting Requirements.--
``(1) Supervising ethics offices.--Each supervising ethics
office shall make available on the public website of the
supervising ethics office--
``(A) a copy of--
``(i) each certification submitted to the
supervising ethics office under subsection
(a)(1);
``(ii) each qualified blind trust agreement
of each covered person;
``(iii) each notice and other documentation
submitted to the supervising ethics office
under this section; and
``(iv) each notice, ruling, and other
documentation issued or received by the
supervising ethics office under subsection (c);
``(B) a schedule of all assets placed in a
qualified blind trust by each covered person and
interested party; and
``(C) a description of each extension granted, and
each civil penalty imposed, pursuant to this section.
``(2) Trustees.--Each trustee of a qualified blind trust
established by a covered person shall submit to the covered
person and the applicable supervising ethics office a written
notice in any case in which the trustee learns that an
interested party has obtained knowledge of any trust property
other than the initial property of the qualified blind trust.
``(3) Member of congress.--Each Member of Congress who is a
beneficiary of a qualified blind trust shall submit to the
applicable supervising ethics office--
``(A) a copy of the executed qualified blind trust
agreement by not later than 30 days after the date of
execution;
``(B) a list of each asset and each financial
interest transferred to the qualified blind trust by an
interested party by not later than 30 days after the
date of the transfer;
``(C) a copy of each notice submitted to the Member
of Congress under paragraph (2) by not later than 30
days after the date of receipt;
``(D) a written notice that an interested party has
obtained knowledge of any holding of the qualified
blind trust by not later than the date that is 30 days
after the date on which the Member of Congress
discovered that the knowledge had been obtained; and
``(E) a written notice of dissolution of the
qualified blind trust by not later than 30 days after
the date of dissolution.
``(4) Federal benefits.--
``(A) Covered payment.--In this paragraph, the term
`covered payment'--
``(i) means a payment of money or any other
item of value made, or promised to be made, by
the Federal Government;
``(ii) includes--
``(I) a loan agreement, contract,
or grant made, or promised to be made,
by the Federal Government, including
such an agreement, contract, or grant
relating to agricultural activity; and
``(II) such other types of payment
of money or items of value as the
supervising ethics office may
establish, by guidance; and
``(iii) does not include--
``(I) any salary or compensation
for service performed as, or
reimbursement of personal outlay by, an
officer or employee of the Federal
Government; or
``(II) any tax refund (including a
refundable tax credit).
``(B) Reporting requirement.--Not later than 30
days after the date of receipt of a notice of any
application for, or receipt of, a covered payment by a
covered person (including any business owned and
controlled by the covered person), but in no case later
than 45 days after the date on which the covered
payment is made or promised to be made, the covered
person shall submit to the applicable supervising
ethics office a report describing the covered payment.
``(g) Enforcement.--
``(1) Divestiture or placement in qualified blind trust.--
``(A) In general.--The applicable supervising
ethics office shall provide a written notice (including
notice of the potential for civil penalties under
subparagraph (B)) to any Member of Congress if the
Member of Congress, or spouse or dependent child of the
Member of Congress--
``(i) fails to submit a certification under
subsection (a)(1) by the date on which the
certification is required to be submitted;
``(ii) fails to divest or place in a
qualified blind trust a covered investment
owned by, or in the custody of the covered
person, in accordance with subsection (a)(2),
subject to any extension under subsection
(a)(3); or
``(iii) acquires an interest in a covered
investment in violation of this section.
``(B) Civil penalties.--
``(i) In general.--In the event of
continuing noncompliance after issuance of the
notice described in subparagraph (A), the
supervising ethics office shall impose a civil
penalty, in the amount described in clause
(ii), on a Member of Congress to whom a notice
is provided under clause (i) or (ii) of
subparagraph (A)--
``(I) on the date that is 30 days
after the date of provision of the
notice; and
``(II) during the period in which
such noncompliance continues, not less
frequently than once every 30 days
thereafter.
``(ii) Amount.--The amount of each civil
penalty imposed on a Member of Congress
pursuant to clause (i) shall be equal to the
greater of--
``(I) the monthly equivalent of the
annual rate of pay payable to the
Member of Congress; and
``(II) an amount equal to 10
percent of the value of each covered
investment that was not divested or
placed into a qualified blind trust in
violation of this section during the
period covered by the penalty.
``(2) Communications.--The Attorney General of the United
States shall file a civil action seeking to impose a civil
penalty on any covered person or trustee of a qualified blind
trust who violates subsection (a)(4), or otherwise discloses
the contents of a qualified blind trust to any unauthorized
individual, equal to the greater of--
``(A) $10,000 per each communication; or
``(B) 1 percent of the value of the qualified blind
trust on the date of the violation.
``(h) Duties of Supervising Ethics Offices.--Each supervising
ethics office in the legislative branch shall--
``(1) impose and collect civil penalties in accordance with
subsection (g);
``(2) establish such procedures and standard forms as the
supervising ethics office determines to be appropriate to
implement this section;
``(3) issue such rules and guidelines as the supervising
ethics office determines to be appropriate for the
implementation and application of this title; and
``(4) publish on a website all documents and communications
described in this subsection.
``(i) Rule of Construction.--Nothing in this section shall be
construed to prevent a covered person from owning or trading--
``(1) a diversified mutual fund; or
``(2) a publicly traded, diversified exchange traded fund.
``(j) Effective Date.--This section shall apply to each covered
person beginning on the date on which the covered person (or with
respect to a covered person that is a spouse or dependent child of a
Member of Congress, the date on which that Member of Congress)
commences the first new term of service as a Member of Congress on or
after January 31, 2023.''.
(b) Clerical Amendment.--The table of sections for chapter 131 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter iv--certain assets of members of congress and their
spouses and dependent children
``13161. Definitions.
``13162. Trading covered investments
``13163. Addressing owned covered investments''.
(c) Technical and Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended--
(A) in section 13103(f)--
(i) in paragraph (9), by striking ``as
defined in section 13101 of this title'';
(ii) in paragraph (10), by striking ``as
defined in section 13101 of this title'';
(iii) in paragraph (11), by striking ``as
defined in section 13101 of this title''; and
(iv) in paragraph (12), by striking ``as
defined in section 13101 of this title''; and
(B) in section 13122(f)(2)(B)--
(i) by striking ``Subject to clause (iv) of
this subparagraph, before'' each place it
appears and inserting ``Before''; and
(ii) by striking clause (iv).
(2) Lobbying disclosure act of 1995.--Section 3(4)(D) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is
amended by striking ``legislative branch employee serving in a
position described under section 13101(13) of title 5, United
States Code'' and inserting ``officer or employee of Congress
(as defined in section 13101 of title 5, United States Code)''.
(3) Securities exchange act of 1934.--Section 21A of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 13101(11)'' and inserting ``section 13101'';
and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking ``in
section 13101(9)'' and inserting ``under
section 13101''; and
(ii) in subparagraph (C), by striking
``section 13101(10)'' and inserting ``in
section 13101''.
SEC. 3. PENALTY FOR STOCK ACT NONCOMPLIANCE.
(a) Fines for Failure To Report.--
(1) In general.--The STOCK Act (Public Law 112-105; 126
Stat. 291) is amended by adding at the end the following:
``SEC. 20. FINES FOR FAILURE TO REPORT.
``(a) In General.--Notwithstanding any other provision of law
(including regulations), a reporting individual shall be assessed a
fine, pursuant to regulations issued by the applicable supervising
ethics office (including the Administrative Office of the United States
Courts, as applicable), of $500 in each case in which the reporting
individual fails to file a transaction report required under this Act
or an amendment made by this Act.
``(b) Deposit in Treasury.--The fines paid under this section shall
be deposited in the miscellaneous receipts of the Treasury.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date on which the reporting individual
who is a Member of Congress commences the first new term of
service as a Member of Congress on or after January 31, 2023.
(b) Rules, Regulations, Guidance, and Documents.--Not later than 1
year after the date of enactment of this Act, each supervising ethics
office (as defined in section 13101 of title 5, United States Code)
(including the Administrative Office of the United States Courts, as
applicable) shall amend the rules, regulations, guidance, documents,
papers, and other records of the supervising ethics office in
accordance with the amendment made by this section.
SEC. 4. ELECTRONIC FILING AND ONLINE PUBLIC AVAILABILITY OF FINANCIAL
DISCLOSURE FORMS.
(a) Members of Congress and Congressional Staff.--Section 8(b)(1)
of the STOCK Act (5 U.S.C. 13107 note) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, pursuant to subchapter I of chapter 131 of part IV of title
5, United States Code, through databases maintained on the
official websites of the House of Representatives and the
Senate'' after ``enable''; and
(2) by striking subparagraph (B) and the undesignated
matter following that subparagraph and inserting the following:
``(B) public access--
``(i) to each--
``(I) financial disclosure report
filed by a Member of Congress or a
candidate for Congress;
``(II) transaction disclosure
report filed by a Member of Congress or
a candidate for Congress pursuant to
subsection (l) of that section; and
``(III) notice of extension,
amendment, or blind trust, with respect
to a report described in subclause (I)
or (II), pursuant to subchapter I of
chapter 131 of part IV of title 5,
United States Code; and
``(ii) in a manner that--
``(I) allows the public to search,
sort, and download data contained in
the reports described in subclause (I)
or (II) of clause (i) by criteria
required to be reported, including by
filer name, asset, transaction type,
ticker symbol, notification date,
amount of transaction, and date of
transaction;
``(II) allows access through an
application programming interface; and
``(III) is fully compliant with--
``(aa) section 508 of the
Rehabilitation Act of 1973 (29
U.S.C. 794d); and
``(bb) the most recent Web
Content Accessibility
Guidelines (or successor
guidelines).''.
(b) Effective Date.--The amendments made by this section take
effect on the date that is 18 months after the date of enactment of
this Act.
SEC. 5. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act
and of the amendments made by this Act, and the application of the
remaining provisions of this Act and amendments to any person or
circumstance, shall not be affected.
<all>
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118S1172 | RELIEVE Act | [
[
"S001191",
"Sen. Sinema, Kyrsten [I-AZ]",
"sponsor"
],
[
"B001310",
"Sen. Braun, Mike [R-IN]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1172
To amend title 38, United States Code, to make certain improvements
relating to the eligibility of veterans to receive reimbursement for
emergency treatment furnished to veterans in non-Department of Veterans
Affairs facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Ms. Sinema (for herself and Mr. Braun) 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 make certain improvements
relating to the eligibility of veterans to receive reimbursement for
emergency treatment furnished to veterans in non-Department of Veterans
Affairs facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Extraneous Loopholes
Insuring Every Veteran Emergency Act'' or the ``RELIEVE Act''.
SEC. 2. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR
EMERGENCY TREATMENT FURNISHED TO VETERANS.
(a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38,
United States Code, is amended--
(1) by striking ``the veteran'' and inserting ``(i) the
veteran'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following new clause:
``(ii) the veteran was furnished such emergency treatment
during the 60-day period following the date on which the
veteran enrolled in the health care system specified in
subparagraph (A).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to emergency treatment furnished on or after the
date that is one year after the date of the enactment of this Act.
<all>
</pre></body></html>
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118S1173 | Paying a Fair Share Act of 2023 | [
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"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
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[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"cosponsor"
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[
"B001277",
"Sen. Blumenthal, Richard [D-CT]",
"cosponsor"
],
[
"B001288",
"Sen. Booker, Cory A. [D-NJ]",
"cosponsor"
],
[
"D000... | <p><strong>Paying a Fair Share Act of 2023</strong></p> <p> This bill requires an individual taxpayer whose adjusted gross income exceeds $1 million (high-income taxpayer) to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). The amount of the tax is the excess (if any) of the tentative fair share tax over the excess of (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. </p> <p>The bill provides for a phase-in of such tax and requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2023.</p> <p>The bill also expresses the sense of the Senate that Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the tax system, and makes sure that the wealthiest taxpayers pay a fair share of taxes.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1173 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1173
To ensure high-income earners pay a fair share of Federal taxes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Whitehouse (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. Booker,
Mr. Durbin, Mrs. Feinstein, Ms. Hirono, Ms. Klobuchar, Mr. Markey, Mr.
Merkley, Mr. Padilla, Mr. Reed, Mr. Sanders, Mr. Van Hollen, and Ms.
Warren) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To ensure high-income earners pay a fair share of Federal taxes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paying a Fair Share Act of 2023''.
SEC. 2. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``Sec. 59B. Fair share tax.
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is the
dollar amount in effect under subsection
(c)(1).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year, determined without regard
to any tax liability determined under
this section,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2023, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2022'
for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is
attributable to the rate of tax in effect under section 3101)
with respect to such taxable year or wages or compensation
received during such taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part VIII--Fair Share Tax on High-Income Taxpayers''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
SEC. 3. SENSE OF THE SENATE REGARDING TAX REFORM.
It is the sense of the Senate that--
(1) Congress should enact tax reform that repeals unfair
and unnecessary tax loopholes and expenditures, simplifies the
system for millions of taxpayers and businesses, and makes sure
that the wealthiest taxpayers pay a fair share; and
(2) this Act is an interim step that can be done quickly
and serve as a floor on taxes for the highest-income taxpayers,
cut the deficit by billions of dollars a year, and help
encourage more fundamental reform of the tax system.
<all>
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118S1174 | Medicare and Social Security Fair Share Act | [
[
"W000802",
"Sen. Whitehouse, Sheldon [D-RI]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1174 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1174
To amend the Internal Revenue Code of 1986 to increase funding for
Social Security and Medicare.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Whitehouse 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 increase funding for
Social Security and Medicare.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare and Social Security Fair
Share Act''.
SEC. 2. MODIFICATION OF PAYROLL TAXES.
(a) Wage Base for Taxes Funding Social Security.--
(1) In general.--Paragraph (1) of section 3121(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) in the case of taxes imposed by sections 3101(a) and
3111(a), for any calendar year in which the contribution and
benefit base (as determined under section 230 of the Social
Security Act) is less than $400,000, so much of the
remuneration (other than remuneration referred to in the
succeeding paragraphs of this subsection) with respect to
employment that has been paid to an individual by an employer
during the calendar year as exceeds such contribution and
benefit base but does not exceed $400,000;''.
(2) Conforming amendments.--
(A) Successor employers.--Section 3121 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new subsection:
``(aa) Special Rules for Successor Employers.--For purposes of
subsection (a)(1), if an employer (hereinafter referred to as successor
employer) during any calendar year acquires substantially all the
property used in a trade or business of another employer (hereinafter
referred to as a predecessor), or used in a separate unit of a trade or
business of a predecessor, and immediately after the acquisition
employs in his trade or business an individual who immediately prior to
the acquisition was employed in the trade or business of such
predecessor, then, for the purpose of determining the amount of
remuneration paid by the successor employer under such subsection, any
remuneration (other than remuneration referred to in the paragraphs
succeeding paragraph (1) of subsection (a)) with respect to employment
paid (or considered under this subsection as having been paid) to such
individual by such predecessor during such calendar year and prior to
such acquisition shall be considered as having been paid by such
successor employer.''.
(B) Application to railroad retirement taxes.--
Clause (i) of section 3231(e)(2)(A) of such Code is
amended to read as follows:
``(i) In general.--For any calendar year in
which the applicable base is less than
$400,000, the term `compensation' does not
include so much of the remuneration paid during
any calendar year to an individual by an
employer for services rendered as an employee
to such employer as exceeds the applicable base
but does not exceed $400,000.''.
(b) Further Additional Hospital Insurance Tax on Very High Income
Taxpayers.--
(1) In general.--Section 3101(b) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Further additional tax.--In addition to the tax
imposed by paragraphs (1) and (2) and the preceding subsection,
there is hereby imposed on every taxpayer (other than a
corporation, estate, or trust) a tax equal to 1.2 percent of
wages which are received with respect to employment (as defined
in section 3121(b)) during the taxable year which are in excess
of--
``(A) in the case of a joint return, $500,000,
``(B) in the case of a married taxpayer (as defined
in section 7703) filing a separate return, \1/2\ of the
dollar amount determined under subparagraph (A), and
``(C) in any other case, $400,000.''.
(2) Collection of tax.--Section 3102 of such Code is
amended by adding at the end the following new subsection:
``(g) Special Rules for Further Additional Tax.--
``(1) In general.--In the case of any tax imposed by
section 3101(b)(3), subsection (a) shall only apply to the
extent to which the taxpayer receives wages from the employer
in excess of $400,000, and the employer may disregard the
amount of wages received by such taxpayer's spouse.
``(2) Collection of amounts not withheld.--To the extent
that the amount of any tax imposed by section 3101(b)(3) is not
collected by the employer, such tax shall be paid by the
employee.
``(3) Tax paid by recipient.--If an employer, in violation
of this chapter, fails to deduct and withhold the tax imposed
by section 3101(b)(3) and thereafter the tax is paid by the
employee, the tax so required to be deducted and withheld shall
not be collected from the employer, but this paragraph shall in
no case relieve the employer from liability for any penalties
or additions to tax otherwise applicable in respect of such
failure to deduct and withhold.''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid, and taxable years beginning, on or after
January 1 of the first calendar year that begins after the date of
enactment of this Act.
SEC. 3. MODIFICATION OF TAXES ON SELF-EMPLOYMENT INCOME.
(a) Tax on Net Earnings From Self-Employment up to Contribution and
Benefit Base and More Than $400,000.--Paragraph (1) of section 1402(b)
of the Internal Revenue Code of 1986 is amended to read as follows:
``(1) in the case of the tax imposed by section 1401(a) for
any taxable year beginning in a calendar year in which the
contribution and benefit base (as determined under section 230
of the Social Security Act) is less than $400,000, the excess
(if any) of--
``(A) so much of the net earnings from self-
employment which is in excess of--
``(i) an amount equal to the contribution
and benefit base (as determined under section
230 of the Social Security Act) which is
effective for the calendar year in which such
taxable year begins, reduced (but not below
zero) by
``(ii) the amount of the wages paid to such
individual during such taxable year, over
``(B) the sum of--
``(i) the excess (if any) of--
``(I) the net earnings from self-
employment reduced by the excess (if
any) of subparagraph (A)(i) over
subparagraph (A)(ii), over
``(II) $400,000, reduced by such
contribution and benefit base, plus
``(ii) the amount of the wages paid to such
individual during such taxable year in excess
of such contribution and benefit base and not
in excess of $400,000; or''.
(b) Further Additional Hospital Insurance Tax on Very High Income
Taxpayers.--
(1) In general.--Section 1401(b) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Further additional tax.--
``(A) In general.--In addition to the tax imposed
by paragraphs (1) and (2) and the preceding subsection,
there is hereby imposed on every taxpayer (other than a
corporation, estate, or trust) for each taxable year a
tax equal to 1.2 percent of the self-employment income
for such taxable year which is in excess of--
``(i) in the case of a joint return,
$500,000,
``(ii) in the case of a married taxpayer
(as defined in section 7703) filing a separate
return, \1/2\ of the dollar amount determined
under subparagraph (A), and
``(iii) in any other case, $400,000.
``(B) Coordination with fica.--The amounts under
clause (i), (ii), or (iii) (whichever is applicable) of
subparagraph (A) shall be reduced (but not below zero)
by the amount of wages taken into account in
determining the tax imposed under section 3101(b)(3)
with respect to the taxpayer.''.
(2) No deduction for further additional tax.--
(A) In general.--Section 164(f) of such Code is
amended by striking ``section 1401(b)(2)'' and
inserting ``paragraphs (2) and (3) of section
1401(b)''.
(B) Deduction for net earnings from self-
employment.--Section 1402(a)(12)(B) of such Code is
amended by striking ``the rate imposed under paragraph
(2) of section 1401(b)'' and inserting ``the rates
imposed under paragraphs (2) and (3) of section
1401(b)''.
(3) Technical amendment.--Section 1401(b)(2)(B) of such
Code is amended by striking ``section 3121(b)(2)'' and
inserting ``section 3101(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to net earnings from self-employment derived, and taxable years
beginning, on or after January 1 of the first calendar year that begins
after the date of enactment of this Act.
SEC. 4. TAXES ON UNEARNED INCOME.
(a) Modifications to Tax on Net Investment Income.--
(1) In general.--Section 1411 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Additional Amount for Certain High Income Individuals.--
``(1) Inclusion of specified net income.--
``(A) In general.--In the case of any individual
whose modified adjusted gross income for the taxable
year exceeds the high income threshold amount,
subsection (a)(1) shall be applied by substituting `the
greater of specified net income or net investment
income' for `net investment income' in subparagraph (A)
thereof.
``(B) Phase-in of increase.--The increase in the
tax imposed under subsection (a)(1) by reason of the
application of subparagraph (A) (determined before
application of paragraph (2)) shall not exceed the
amount which bears the same ratio to the amount of such
increase (determined without regard to this paragraph)
as--
``(i) the excess described in subparagraph
(A), bears to
``(ii) $100,000 (\1/2\ such amount in the
case of a married taxpayer (as defined in
section 7703) filing a separate return).
``(2) Additional rate bracket.--In the case of any
individual whose modified adjusted gross income for the taxable
year exceeds the high income threshold amount, the amount of
tax imposed under subsection (a)(1) shall be increased by an
amount equal to 13.6 percent of the lesser of--
``(A) the greater of the specified net income or
net investment income for the taxable year, or
``(B) the excess (if any) of--
``(i) the modified adjusted gross income
for such taxable year, over
``(ii) the high income threshold amount.
``(3) Definitions.--
``(A) High income threshold amount.--For purposes
of this subsection, the term `high income threshold
amount' means--
``(i) except as provided in clause (ii) or
(iii), $400,000,
``(ii) in the case of a taxpayer making a
joint return under section 6013 or a surviving
spouse (as defined in section 2(a)), $500,000,
and
``(iii) in the case of a married taxpayer
(as defined in section 7703) filing a separate
return, \1/2\ of the dollar amount determined
under clause (ii).
``(B) Specified net income.--For purposes of this
section, the term `specified net income' means net
investment income determined--
``(i) without regard to the phrase `other
than such income which is derived in the
ordinary course of a trade or business not
described in paragraph (2),' in subsection
(c)(1)(A)(i),
``(ii) without regard to the phrase
`described in paragraph (2)' in subsection
(c)(1)(A)(ii),
``(iii) without regard to the phrase `other
than property held in a trade or business not
described in paragraph (2)' in subsection
(c)(1)(A)(iii),
``(iv) without regard to paragraphs (2),
(3), and (4) of subsection (c), and
``(v) by treating paragraphs (5) and (6) of
section 469(c) (determined without regard to
the phrase `To the extent provided in
regulations,' in such paragraph (6)) as
applying for purposes of subsection (c) of this
section.''.
(b) Application to Trusts and Estates.--Section 1411(a)(2) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``3.8 percent'' and inserting ``17.4
percent'', and
(2) in subparagraph (A) thereof, by striking
``undistributed net investment income'' and inserting ``the
greater of undistributed specified net income or undistributed
net investment income''.
(c) Clarifications With Respect to Determination of Net Investment
Income.--
(1) Certain exceptions.--Section 1411(c)(6) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Special rules.--Net investment income shall not
include--
``(A) any item taken into account in determining
self-employment income for such taxable year on which a
tax is imposed by section 1401(b),
``(B) wages received with respect to employment on
which a tax is imposed under section 3101(b)
(determined without regard to section 3101(c)) or
3201(a) (including amounts taken into account under
section 3121(v)(2)), and
``(C) wages received from the performance of
services earned outside the United States for a foreign
employer.''.
(2) Net operating losses not taken into account.--Section
1411(c)(1)(B) of such Code is amended by inserting ``(other
than section 172)'' after ``this subtitle''.
(3) Inclusion of certain foreign income.--
(A) In general.--Section 1411(c)(1)(A) of such Code
is amended by striking ``and'' at the end of clause
(ii), by striking ``over'' at the end of clause (iii)
and inserting ``and'', and by adding at the end the
following new clause:
``(iv) any amount includible in gross
income under section 951, 951A, 1293, or 1296,
over''.
(B) Proper treatment of certain previously taxed
earnings and profits.--Section 1411(c) of such Code is
amended by adding at the end the following new
paragraph:
``(7) Certain earnings and profits of foreign
corporations.--
``(A) In general.--Except as otherwise provided by
the Secretary, a distribution of earnings and profits
that is not treated as a dividend for purposes of
chapter 1 by reason of section 959(d) or section
1293(c) shall not be treated as a dividend for purposes
of this section.
``(B) Regulations and other guidance.--The
Secretary shall issue regulations or other guidance
providing for the treatment of distributions by a
foreign corporation after December 31, 2023, of
earnings and profits of such foreign corporation which
accrued before such date, but which have not been
previously subject to tax under this section.''.
(d) Transfers of Revenues to Old-Age and Survivors, Disability
Insurance, and Federal Hospital Insurance Trust Funds.--
(1) Federal old-age and survivors trust fund.--
(A) In general.--Section 201(a) of the Social
Security Act (42 U.S.C. 401(a)) is amended--
(i) by striking ``100 per centum of'',
(ii) by inserting ``100 percent of'' before
``the taxes'' each place it appears in
paragraphs (1), (2), (3), and (4), and
(iii) by striking ``and'' at the end of
paragraph (3), by striking the period at the
end of paragraph (4) and inserting ``; and'',
and by inserting after paragraph (4) the
following new paragraph:
``(5) 71.3 percent of the taxes imposed by section 1411 of
the Internal Revenue Code of 1986 for any taxable year
beginning after December 31, 2023, as determined by the
Secretary of the Treasury or the Secretary's delegate based on
tax returns under subtitle F of such Code, less the amounts
specified in paragraph (3) of subsection (b).''.
(B) Conforming amendment.--The fourth sentence of
section 201(a) of such Act (42 U.S.C. 401(a)) is
amended by striking ``clauses (3) and (4)'' each place
it appears and inserting ``paragraphs (3), (4), and
(5)''.
(2) Federal disability insurance trust fund.--Section
201(b) of the Social Security Act (42 U.S.C. 401(b)) is
amended--
(A) by striking ``100 per centum of'', and
(B) by striking ``and'' at the end of paragraph
(1), by striking the period at the end of paragraph (2)
and inserting ``; and'', and by inserting after
paragraph (2) the following new paragraph:
``(3) 10.3 percent of the taxes imposed by section 1411 of
the Internal Revenue Code of 1986 for any taxable year
beginning after December 31, 2023, as determined by the
Secretary of the Treasury or the Secretary's delegate based on
tax returns under subtitle F of such Code.''.
(3) Federal hospital insurance trust fund.--Section 1817(a)
of the Social Security Act (42 U.S.C. 1395i(a)) is amended--
(A) by striking ``100 per centum of'',
(B) by inserting ``100 percent of'' before ``the
taxes'' each place it appears in paragraphs (1) and
(2), and
(C) by striking ``and'' at the end of paragraph
(1), by striking the period at the end of paragraph (2)
and inserting ``; and'', and by inserting after
paragraph (2) the following new paragraph:
``(3) 28.7 percent of the taxes imposed by section 1411 of
the Internal Revenue Code of 1986 for any taxable year
beginning after December 31, 2023, as determined by the
Secretary of the Treasury or the Secretary's delegate based on
tax returns under subtitle F of such Code.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2023.
<all>
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118S1175 | Combating Online Fentanyl Trafficking Act | [
[
"K000367",
"Sen. Klobuchar, Amy [D-MN]",
"sponsor"
],
[
"C001056",
"Sen. Cornyn, John [R-TX]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1175 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1175
To establish incentive pay for positions requiring specialized skills
to combat fentanyl trafficking, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Ms. Klobuchar (for herself and Mr. Cornyn) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To establish incentive pay for positions requiring specialized skills
to combat fentanyl trafficking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Online Fentanyl
Trafficking Act''.
SEC. 2. INCENTIVE PAY AUTHORITIES FOR POSITIONS REQUIRING SPECIALIZED
SKILLS TO COMBAT FENTANYL TRAFFICKING.
(a) Definition.--In this Act, the term ``cyber skills'' means
expertise in computers, computer networks, information technology, or
the internet.
(b) Incentive Pay.--Subject to the availability of appropriations,
and in accordance with the comparable level of the General Schedule,
the Attorney General shall provide incentive pay, in an amount that is
not more than 25 percent of the basic pay of the individual, to any
individual appointed to a position in the Department of Justice that
requires significant cyber skills to aid in the detection, prevention,
or prosecution of fentanyl trafficking.
(c) Limitations.--Any incentive pay received under subsection (b)
by an individual in a position in the Department of Justice--
(1) shall be disregarded in calculating the aggregate of
the basic pay and premium pay paid to the individual for
purposes of the pay period limitation and the annual limitation
under section 5547 of title 5, United States Code; and
(2) shall be treated as part of basic pay for purposes of
section 8331(3) of title 5, United States Code.
<all>
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118S1176 | Workplace Violence Prevention for Health Care and Social Service Workers Act | [
[
"B001230",
"Sen. Baldwin, Tammy [D-WI]",
"sponsor"
],
[
"C001070",
"Sen. Casey, Robert P., Jr. [D-PA]",
"cosponsor"
],
[
"M001176",
"Sen. Merkley, Jeff [D-OR]",
"cosponsor"
],
[
"B001267",
"Sen. Bennet, Michael F. [D-CO]",
"cosponsor"
],
[
"D0006... | <p><b>Workplace Violence Prevention for Health Care and Social Service Workers Act</b></p> <p>This bill requires the Department of Labor to address workplace violence in health care, social service, and other sectors.</p> <p>Specifically, Labor must issue an interim occupational safety and health standard that requires certain employers to take actions to protect workers and other personnel from workplace violence. The standard applies to employers in the health care sector, in the social service sector, and in sectors that conduct activities similar to those in the health care and social service sectors.</p> <p>In addition, Labor must promulgate a final standard within a specified time line.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1176 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1176
To direct the Secretary of Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Ms. Baldwin (for herself, Mr. Casey, Mr. Merkley, Mr. Bennet, Ms.
Duckworth, Ms. Stabenow, Mr. Whitehouse, Mr. Schatz, Mr. Hickenlooper,
Ms. Hassan, Mr. Heinrich, Mr. Padilla, Mr. Markey, Ms. Warren, Mr.
Reed, Mr. Van Hollen, Mr. Menendez, Mr. Blumenthal, Mr. Murphy, Mr.
Cardin, Mrs. Murray, Mr. Welch, and Mr. Sanders) 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 Labor to issue an occupational safety and
health standard that requires covered employers within the health care
and social service industries to develop and implement a comprehensive
workplace violence prevention plan, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Violence Prevention for
Health Care and Social Service Workers Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
Sec. 101. Workplace violence prevention standard.
Sec. 102. Scope and application.
Sec. 103. Requirements for workplace violence prevention standard.
Sec. 104. Rules of construction.
Sec. 105. Other definitions.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
Sec. 201. Application of the workplace violence prevention standard to
certain facilities receiving Medicare
funds.
TITLE I--WORKPLACE VIOLENCE PREVENTION STANDARD
SEC. 101. WORKPLACE VIOLENCE PREVENTION STANDARD.
(a) Interim Final Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Labor shall issue an
interim final standard on workplace violence prevention--
(A) to require certain employers in the health care
and social service sectors, and certain employers in
sectors that conduct activities similar to the
activities in the health care and social service
sectors, to develop and implement a comprehensive
workplace violence prevention plan and carry out other
activities or requirements described in section 103 to
protect health care workers, social service workers,
and other personnel from workplace violence;
(B) that shall, at a minimum, be based on the
Guidelines for Preventing Workplace Violence for
Healthcare and Social Service Workers published by the
Occupational Safety and Health Administration of the
Department of Labor in 2015 and adhere to the
requirements of this title; and
(C) that provides for a period determined
appropriate by the Secretary, not to exceed 1 year,
during which the Secretary shall prioritize technical
assistance and advice consistent with section 21(d) of
the Occupational Safety and Health Act of 1970 (29
U.S.C. 670(d)) to employers subject to the standard
with respect to compliance with the standard.
(2) Inapplicable provisions of law and executive order.--
The following provisions of law and Executive orders shall not
apply to the issuance of the interim final standard under this
subsection:
(A) The requirements applicable to occupational
safety and health standards under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
(B) The requirements of chapters 5 and 6 of title
5, United States Code.
(C) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(D) Executive Order No. 12866 (58 Fed. Reg. 51735;
relating to regulatory planning and review), as
amended.
(3) Notice and comment.--Notwithstanding paragraph (2)(B),
the Secretary shall, prior to issuing the interim final
standard under this subsection, provide notice in the Federal
Register of the interim final standard and a 30-day period for
public comment.
(4) Effective date of interim standard.--The interim final
standard shall--
(A) take effect on a date that is not later than 30
days after issuance, except that such interim final
standard may include a reasonable phase-in period for
the implementation of required engineering controls
that take effect after such date;
(B) be enforced in the same manner and to the same
extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)); and
(C) be in effect until the final standard described
in subsection (b) becomes effective and enforceable.
(5) Failure to promulgate.--If an interim final standard
described in paragraph (1) is not issued not later than 1 year
of the date of enactment of this Act, the provisions of this
title shall be in effect and enforced in the same manner and to
the same extent as any standard promulgated under section 6(b)
of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)) until such provisions are superseded in whole by an
interim final standard issued by the Secretary that meets the
requirements of paragraph (1).
(b) Final Standard.--
(1) Proposed standard.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 655), promulgate a proposed standard on
workplace violence prevention--
(A) for the purposes described in subsection
(a)(1)(A); and
(B) that shall include, at a minimum, requirements
contained in the interim final standard required under
subsection (a).
(2) Final standard.--Not later than 42 months after the
date of enactment of this Act, the Secretary shall issue a
final standard on such proposed standard that shall--
(A) provide no less protection than any workplace
violence standard adopted by a State plan that has been
approved by the Secretary under section 18 of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
667), provided the Secretary finds that the final
standard is feasible on the basis of the best available
evidence; and
(B) be effective and enforceable in the same manner
and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)).
SEC. 102. SCOPE AND APPLICATION.
In this title:
(1) Covered facility.--
(A) In general.--The term ``covered facility''
includes the following:
(i) Any hospital, including any specialty
hospital, in-patient or outpatient setting, or
clinic operating within a hospital license, or
any setting that provides outpatient services.
(ii) Any residential treatment facility,
including any nursing home, skilled nursing
facility, hospice facility, Alzheimer's and
memory care facility, and long-term care
facility.
(iii) Any nonresidential treatment or
service setting.
(iv) Any medical treatment or social
service setting or clinic at a correctional or
detention facility.
(v) Any community care setting, including a
community-based residential facility, group
home, and mental health clinic.
(vi) Any psychiatric treatment facility.
(vii) Any drug abuse or substance use
disorder treatment center.
(viii) Any independent freestanding
emergency center.
(ix) Any facility described in clauses (i)
through (viii) operated by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to part
1960 of title 29, Code of Federal Regulations
(as such part is in effect on the date of
enactment of this Act).
(x) Any other facility the Secretary
determines should be covered under the
standards promulgated under section 101.
(B) Exclusion.--The term ``covered facility'' does
not include an office of a physician, dentist,
podiatrist, or any other health practitioner that is
not physically located within a covered facility
described in clauses (i) through (x) of subparagraph
(A).
(2) Covered services.--
(A) In general.--The term ``covered service''
includes the following services and operations:
(i) Any services and operations provided in
any field work setting, including home health
care, home-based hospice, and home-based social
work.
(ii) Any emergency services and transport,
including such services provided by
firefighters and emergency responders.
(iii) Any services described in clauses (i)
and (ii) performed by a Federal Government
agency and required to comply with occupational
safety and health standards pursuant to part
1960 of title 29, Code of Federal Regulations
(as such part is in effect on the date of
enactment of this Act).
(iv) Any other services and operations the
Secretary determines should be covered under
the standards promulgated under section 101.
(B) Exclusion.--The term ``covered service'' does
not include child day care services.
(3) Covered employer.--
(A) In general.--The term ``covered employer''
includes a person (including a contractor, a
subcontractor, a temporary service firm, or an employee
leasing entity) that employs an individual to work at a
covered facility or to perform covered services.
(B) Exclusion.--The term ``covered employer'' does
not include an individual who privately employs, in the
individual's residence, a person to perform covered
services for the individual or a family member of the
individual.
(4) Covered employee.--The term ``covered employee''
includes an individual employed by a covered employer to work
at a covered facility or to perform covered services.
SEC. 103. REQUIREMENTS FOR WORKPLACE VIOLENCE PREVENTION STANDARD.
Each standard described in section 101 shall include, at a minimum,
the following requirements:
(1) Workplace violence prevention plan.--Not later than 6
months after the date of promulgation of the interim final
standard under section 101(a), or 18 months after the date of
enactment of this Act in a case described in section 101(a)(5),
a covered employer shall develop, implement, and maintain an
effective written workplace violence prevention plan (in this
section referred to as the ``Plan'') for covered employees at
each covered facility and for covered employees performing a
covered service on behalf of such employer, which meets the
following:
(A) Plan development.--Each Plan--
(i) shall be developed and implemented with
the meaningful participation of direct care
employees, other employees, and employee
representatives, for all aspects of the Plan;
(ii) shall be tailored and specific to
conditions and hazards for the covered facility
or the covered service, including patient-
specific risk factors and risk factors specific
to each work area or unit;
(iii) shall be suitable for the size,
complexity, and type of operations at the
covered facility or for the covered service,
and remain in effect at all times; and
(iv) may be in consultation with
stakeholders or experts who specialize in
workplace violence prevention, emergency
response, or other related areas of expertise
for all relevant aspects of the Plan.
(B) Plan content.--Each Plan shall include
procedures and methods for the following:
(i) Identification of the individual and
the individual's position responsible for
implementation of the Plan.
(ii) With respect to each work area and
unit at the covered facility or while covered
employees are performing the covered service,
risk assessment and identification of workplace
violence risks and hazards to employees exposed
to such risks and hazards (including
environmental risk factors and patient-specific
risk factors), which shall be--
(I) informed by past violent
incidents specific to such covered
facility or such covered service; and
(II) conducted with, at a minimum--
(aa) direct care employees;
(bb) where applicable, the
representatives of such
employees; and
(cc) the employer.
(iii) Hazard prevention, engineering
controls, or work practice controls to correct
hazards, in a timely manner, applying
industrial hygiene principles of the hierarchy
of controls, which--
(I) may include security and alarm
systems, adequate exit routes,
monitoring systems, barrier protection,
established areas for patients and
clients, lighting, entry procedures,
staffing and working in teams, and
systems to identify and flag clients
with a history of violence; and
(II) shall ensure that employers
correct, in a timely manner, hazards
identified in any violent incident
investigation described in paragraph
(2) and any annual report described in
paragraph (5).
(iv) Reporting, incident response, and
post-incident investigation procedures,
including procedures--
(I) for employees to report
workplace violence risks, hazards, and
incidents;
(II) for employers to respond to
reports of workplace violence;
(III) for employers to perform a
post-incident investigation and
debriefing of all reports of workplace
violence with the participation of
employees and their representatives;
(IV) to provide medical care or
first aid to affected employees; and
(V) to provide employees with
information about available trauma and
related counseling.
(v) Procedures for emergency response,
including procedures for threats of mass
casualties and procedures for incidents
involving a firearm or a dangerous weapon.
(vi) Procedures for communicating with and
training the covered employees on workplace
violence hazards, threats, and work practice
controls, the employer's plan, and procedures
for confronting, responding to, and reporting
workplace violence threats, incidents, and
concerns, and employee rights.
(vii) Procedures for--
(I) ensuring the coordination of
risk assessment efforts, Plan
development, and implementation of the
Plan with other employers who have
employees who work at the covered
facility or who are performing the
covered service; and
(II) determining which covered
employer or covered employers shall be
responsible for implementing and
complying with the provisions of the
standard applicable to the working
conditions over which such employers
have control.
(viii) Procedures for conducting the annual
evaluation under paragraph (6).
(C) Availability of plan.--Each Plan shall be made
available at all times to the covered employees who are
covered under such Plan.
(2) Violent incident investigation.--
(A) In general.--As soon as practicable after a
workplace violence incident, risk, or hazard of which a
covered employer has knowledge, the employer shall
conduct an investigation of such incident, risk, or
hazard under which the employer shall--
(i) review the circumstances of the
incident, risk, or hazard, and whether any
controls or measures implemented pursuant to
the Plan of the employer were effective; and
(ii) solicit input from involved employees,
their representatives, and supervisors about
the cause of the incident, risk, or hazard, and
whether further corrective measures (including
system-level factors) could have prevented the
incident, risk, or hazard.
(B) Documentation.--A covered employer shall
document the findings, recommendations, and corrective
measures taken for each investigation conducted under
this paragraph.
(3) Training and education.--With respect to the covered
employees covered under a Plan of a covered employer, the
employer shall provide training and education to such employees
who may be exposed to workplace violence hazards and risks,
which meet the following requirements:
(A) Annual training and education shall include
information on the Plan, including identified workplace
violence hazards, work practice control measures,
reporting procedures, record keeping requirements,
response procedures, anti-retaliation policies, and
employee rights.
(B) Additional hazard recognition training shall be
provided for supervisors and managers to ensure they--
(i) can recognize high-risk situations; and
(ii) do not assign employees to situations
that predictably compromise the safety of such
employees.
(C) Additional training shall be provided for each
such covered employee whose job circumstances have
changed, within a reasonable timeframe after such
change.
(D) Additional training shall be provided for each
such covered employee whose job circumstances require
working with victims of torture, trafficking, or
domestic violence.
(E) Applicable training shall be provided under
this paragraph for each new covered employee prior to
the employee's job assignment.
(F) All training shall provide such employees
opportunities to ask questions, give feedback on
training, and request additional instruction,
clarification, or other followup.
(G) All training shall be provided in-person and by
an individual with knowledge of workplace violence
prevention and of the Plan, except that any annual
training described in subparagraph (A) provided to an
employee after the first year such training is provided
to such employee may be conducted by live video if in-
person training is impracticable.
(H) All training shall be appropriate in content
and vocabulary to the language, educational level, and
literacy of such covered employees.
(4) Recordkeeping and access to plan records.--
(A) In general.--Each covered employer shall--
(i) maintain for not less than 5 years--
(I) records related to each Plan of
the employer, including workplace
violence risk and hazard assessments,
and identification, evaluation,
correction, and training procedures;
(II) a violent incident log
described in subparagraph (B) for
recording all workplace violence
incidents; and
(III) records of all incident
investigations as required under
paragraph (2)(B); and
(ii)(I) make such records and logs
available, upon request, to covered employees
and their representatives for examination and
copying in accordance with section 1910.1020 of
title 29, Code of Federal Regulations (as such
section is in effect on the date of enactment
of this Act), and in a manner consistent with
HIPAA privacy regulations (defined in section
1180(b)(3) of the Social Security Act (42
U.S.C. 1320d-9(b)(3))) and part 2 of title 42,
Code of Federal Regulations (as such part is in
effect on the date of enactment of this Act);
and
(II) ensure that any such records and logs
that may be copied, transmitted electronically,
or otherwise removed from the employer's
control for purposes of this clause omit any
element of personal identifying information
sufficient to allow identification of any
patient, resident, client, or other individual
alleged to have committed a violent incident
(including the individual's name, address,
electronic mail address, telephone number, or
social security number, or other information
that, alone or in combination with other
publicly available information, reveals such
individual's identity).
(B) Violent incident log description.--Each violent
incident log shall--
(i) be maintained by a covered employer for
each covered facility controlled by the
employer and for each covered service being
performed by a covered employee on behalf of
such employer;
(ii) be based on a template developed by
the Secretary not later than 1 year after the
date of enactment of this Act;
(iii) include, at a minimum, a description
of--
(I) the violent incident (including
environmental risk factors present at
the time of the incident);
(II) the date, time, and location
of the incident, and the names and job
titles of involved employees;
(III) the nature and extent of
injuries to covered employees;
(IV) a classification of the
perpetrator who committed the violence,
including whether the perpetrator was--
(aa) a patient, client,
resident, or customer of a
covered employer;
(bb) a family or friend of
a patient, client, resident, or
customer of a covered employer;
(cc) a stranger;
(dd) a coworker,
supervisor, or manager of a
covered employee;
(ee) a partner, spouse,
parent, or relative of a
covered employee; or
(ff) any other appropriate
classification;
(V) the type of violent incident
(such as type 1 violence, type 2
violence, type 3 violence, or type 4
violence); and
(VI) how the incident was abated;
(iv) not later than 7 days after the
employer learns of such incident, contain a
record of each violent incident, which is
updated to ensure completeness of such record;
(v) be maintained for not less than 5
years; and
(vi) in the case of a violent incident
involving a privacy concern case, protect the
identity of employees in a manner consistent
with section 1904.29(b) of title 29, Code of
Federal Regulations (as such section is in
effect on the date of enactment of this Act).
(C) Annual summary.--
(i) Covered employers.--Each covered
employer shall prepare and submit to the
Secretary an annual summary of each violent
incident log for the preceding calendar year
that shall--
(I) with respect to each covered
facility, and each covered service, for
which such a log has been maintained,
include--
(aa) the total number of
violent incidents;
(bb) the number of
recordable injuries related to
such incidents; and
(cc) the total number of
hours worked by the covered
employees for such preceding
year;
(II) be completed on a form
provided by the Secretary;
(III) be posted for 3 months
beginning February 1 of each year in a
manner consistent with the requirements
of part 1904 of title 29, Code of
Federal Regulations (as such part is in
effect on the date of enactment of this
Act), relating to the posting of
summaries of injury and illness logs;
(IV) be located in a conspicuous
place or places where notices to
employees are customarily posted; and
(V) not be altered, defaced, or
covered by other material.
(ii) Secretary.--Not later than 1 year
after the promulgation of the interim final
standard under section 101(a), or 2 years after
the date of enactment of this Act in a case
described in section 101(a)(5), the Secretary
shall make available a platform for the
electronic submission of annual summaries
required under this subparagraph.
(5) Annual report.--
(A) Report to secretary.--Not later than February
15 of each year, each covered employer shall report to
the Secretary, on a form provided by the Secretary, the
frequency, quantity, and severity of workplace
violence, and any incident response and post-incident
investigation (including abatement measures) for the
incidents set forth in the annual summary of the
violent incident log described in paragraph (4)(C).
(B) Report to congress.--Not later than 6 months
after February 15 of each year, the Secretary shall
submit to Congress a summary of the reports received
under subparagraph (A). The contents of the summary of
the Secretary to Congress shall not disclose any
confidential information.
(6) Annual evaluation.--Each covered employer shall conduct
an annual written evaluation, conducted with the full, active
participation of covered employees and employee
representatives, of--
(A) the implementation and effectiveness of the
Plan, including a review of the violent incident log;
and
(B) compliance with training required by each
standard described in section 101, and specified in the
Plan.
(7) Plan updates.--Each covered employer shall incorporate
changes to the Plan, in a manner consistent with paragraph
(1)(A)(i) and based on findings from the most recent annual
evaluation conducted under paragraph (6), as appropriate.
(8) Anti-retaliation.--
(A) Policy.--Each covered employer shall adopt a
policy prohibiting any person (including an agent of
the employer) from the discrimination or retaliation
described in subparagraph (B).
(B) Prohibition.--No covered employer shall
discriminate or retaliate against any employee for--
(i) reporting a workplace violence
incident, threat, or concern to, or seeking
assistance or intervention with respect to such
incident, threat, or concern from, the
employer, law enforcement, local emergency
services, or a local, State, or Federal
government agency; or
(ii) exercising any other rights under this
section.
(C) Enforcement.--This paragraph shall be enforced
in the same manner and to the same extent as any
standard promulgated under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
655(b)).
SEC. 104. RULES OF CONSTRUCTION.
Notwithstanding section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667)--
(1) nothing in this title shall be construed to curtail or
limit authority of the Secretary under any other provision of
the law;
(2) the rights, privileges, or remedies of covered
employees shall be in addition to the rights, privileges, or
remedies provided under any Federal or State law, or any
collective bargaining agreement;
(3) nothing in this Act shall be construed to limit or
prevent health care workers, social service workers, and other
personnel from reporting violent incidents to appropriate law
enforcement; and
(4) nothing in this Act shall be construed to limit or
diminish any protections in relevant Federal, State, or local
law related to--
(A) domestic violence;
(B) stalking;
(C) dating violence; and
(D) sexual assault.
SEC. 105. OTHER DEFINITIONS.
In this title:
(1) Workplace violence.--
(A) In general.--The term ``workplace violence''
means any act of violence or threat of violence,
without regard to intent, that occurs at a covered
facility or while a covered employee performs a covered
service.
(B) Exclusions.--The term ``workplace violence''
does not include lawful acts of self-defense or lawful
acts of defense of others.
(C) Inclusions.--The term ``workplace violence''
includes--
(i) the threat or use of physical force
against a covered employee that results in or
has a high likelihood of resulting in injury,
psychological trauma, or stress, without regard
to whether the covered employee sustains an
injury, psychological trauma, or stress; and
(ii) an incident involving the threat or
use of a firearm or a dangerous weapon,
including the use of common objects as weapons,
without regard to whether the employee sustains
an injury, psychological trauma, or stress.
(2) Type 1 violence.--The term ``type 1 violence''--
(A) means workplace violence directed at a covered
employee at a covered facility or while performing a
covered service by an individual who has no legitimate
business at the covered facility or with respect to
such covered service; and
(B) includes violent acts by any individual who
enters the covered facility or worksite where a covered
service is being performed with the intent to commit a
crime.
(3) Type 2 violence.--The term ``type 2 violence'' means
workplace violence directed at a covered employee by customers,
clients, patients, students, inmates, or any individual for
whom a covered facility provides services or for whom the
employee performs covered services.
(4) Type 3 violence.--The term ``type 3 violence'' means
workplace violence directed at a covered employee by a present
or former employee, supervisor, or manager.
(5) Type 4 violence.--The term ``type 4 violence'' means
workplace violence directed at a covered employee by an
individual who is not an employee, but has or is known to have
had a personal relationship with such employee, or with a
customer, client, patient, student, inmate, or any individual
for whom a covered facility provides services or for whom the
employee performs covered services.
(6) Threat of violence.--The term ``threat of violence''
means a statement or conduct that--
(A) causes an individual to fear for such
individual's safety because there is a reasonable
possibility the individual might be physically injured;
and
(B) serves no legitimate purpose.
(7) Alarm.--The term ``alarm'' means a mechanical,
electrical, or electronic device that does not rely upon an
employee's vocalization in order to alert others.
(8) Dangerous weapon.--The term ``dangerous weapon'' means
an instrument capable of inflicting death or serious bodily
injury, without regard to whether such instrument was designed
for that purpose.
(9) Engineering controls.--
(A) In general.--The term ``engineering controls''
means an aspect of the built space or a device that
removes a hazard from the workplace or creates a
barrier between a covered employee and the hazard.
(B) Inclusions.--For purposes of reducing workplace
violence hazards, the term ``engineering controls''
includes electronic access controls to employee
occupied areas, weapon detectors (installed or
handheld), enclosed workstations with shatter-resistant
glass, deep service counters, separate rooms or areas
for high-risk patients, locks on doors, removing access
to or securing items that could be used as weapons,
furniture affixed to the floor, opaque glass in patient
rooms (which protects privacy, but allows the health
care provider to see where the patient is before
entering the room), closed-circuit television
monitoring and video recording, sight-aids, and
personal alarm devices.
(10) Environmental risk factors.--
(A) In general.--The term ``environmental risk
factors'' means factors in the covered facility or area
in which a covered service is performed that may
contribute to the likelihood or severity of a workplace
violence incident.
(B) Clarification.--Environmental risk factors may
be associated with the specific task being performed or
the work area, such as working in an isolated area,
poor illumination or blocked visibility, and lack of
physical barriers between individuals and persons at
risk of committing workplace violence.
(11) Patient-specific risk factors.--The term ``patient-
specific risk factors'' means factors specific to a patient
that may increase the likelihood or severity of a workplace
violence incident, including--
(A) a patient's treatment and medication status,
and history of violence and use of drugs or alcohol;
and
(B) any conditions or disease processes of the
patient that may cause the patient to experience
confusion or disorientation, be nonresponsive to
instruction, behave unpredictably, or engage in
disruptive, threatening, or violent behavior.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(13) Work practice controls.--
(A) In general.--The term ``work practice
controls'' means procedures and rules that are used to
effectively reduce workplace violence hazards.
(B) Inclusions.--The term ``work practice
controls'' includes--
(i) assigning and placing sufficient
numbers of staff to reduce patient-specific
type 2 violence hazards;
(ii) provision of dedicated and available
safety personnel such as security guards;
(iii) employee training on workplace
violence prevention methods and techniques to
de-escalate and minimize violent behavior; and
(iv) employee training on procedures for
response in the event of a workplace violence
incident and for post-incident response.
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 201. APPLICATION OF THE WORKPLACE VIOLENCE PREVENTION STANDARD TO
CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking the period at
the end and inserting ``, and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of hospitals that are not otherwise
subject to the Occupational Safety and Health Act of 1970 (or a
State occupational safety and health plan that is approved
under 18(b) of such Act) and skilled nursing facilities that
are not otherwise subject to such Act (or such a State
occupational safety and health plan), to comply with the
Workplace Violence Prevention Standard (as promulgated under
section 101 of the Workplace Violence Prevention for Health
Care and Social Service Workers Act).''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and a
hospital or skilled nursing facility that fails to
comply with the requirement of subsection (a)(1)(Z)
(relating to the Workplace Violence Prevention
Standard)'' after ``Bloodborne Pathogens standard)'';
and
(B) in subparagraph (B)--
(i) by striking ``(a)(1)(U)'' and inserting
``(a)(1)(V)''; and
(ii) by inserting ``(or, in the case of a
failure to comply with the requirement of
subsection (a)(1)(Z), for a violation of the
Workplace Violence Prevention standard referred
to in such subsection by a hospital or skilled
nursing facility, as applicable, that is
subject to the provisions of such Act)'' before
the period at the end.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning on the date that is 1 year after the date of issuance
of the interim final standard on workplace violence prevention required
under section 101.
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118S1177 | Small Business Taxpayer Bill of Rights Act of 2023 | [
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"sponsor"
]
] | <p><b>Small Business Taxpayer Bill of Rights Act of 2023</b></p> <p>This bill modifies various tax enforcement procedures and requirements that affect small businesses and other taxpayers. </p> <p>The bill modifies requirements regarding</p> <ul> <li> awarding costs and fees to small businesses for administrative and court proceedings, </li> <li> the amounts of damages and penalties that are allowed for violating various tax laws, </li> <li> dispute resolution and appeal procedures, </li> <li> enforcing liens against principal residences, </li> <li> terminating Internal Revenue Service (IRS) employees for misconduct, </li> <li> reviews by the Department of the Treasury Inspector General for Tax Administration, and </li> <li> the release of an IRS levy due to economic hardship for business taxpayers. </li> </ul> <p>The bill also</p> <ul> <li> allows a tax deduction for a portion of a taxpayer's expenses for certain audits,</li> <li> prohibits ex parte communications between officers in the IRS Independent Office of Appeals and other IRS employees with respect to matters pending before the officers,</li> <li> establishes a 10-year term for the National Taxpayer Advocate, and </li> <li> repeals the requirement to submit a partial payment with an offer-in-compromise to settle a tax liability.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1177 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1177
To provide a taxpayer bill of rights for small businesses.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Cornyn introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide a taxpayer bill of rights for small businesses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Taxpayer Bill of Rights Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Modification of standards for awarding of costs and certain
fees.
Sec. 3. Civil damages allowed for reckless or intentional disregard of
internal revenue laws.
Sec. 4. Modifications relating to certain offenses by officers and
employees in connection with revenue laws.
Sec. 5. Modifications relating to civil damages for unauthorized
inspection or disclosure of returns and
return information.
Sec. 6. Ban on ex parte discussions.
Sec. 7. Right to independent conference.
Sec. 8. Alternative dispute resolution procedures.
Sec. 9. Increase in monetary penalties for certain unauthorized
disclosures of information.
Sec. 10. Ban on raising new issues on appeal.
Sec. 11. Limitation on enforcement of liens against principal
residences.
Sec. 12. Additional provisions relating to mandatory termination for
misconduct.
Sec. 13. Review by the Treasury Inspector General for Tax
Administration.
Sec. 14. Deduction for expenses relating to certain audits.
Sec. 15. Term limit for National Taxpayer Advocate.
Sec. 16. Release of IRS levy due to economic hardship for business
taxpayers.
Sec. 17. Repeal of partial payment requirement on submissions of
offers-in-compromise.
SEC. 2. MODIFICATION OF STANDARDS FOR AWARDING OF COSTS AND CERTAIN
FEES.
(a) Small Businesses Eligible Without Regard to Net Worth.--
Subparagraph (D) of section 7430(c)(4) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end of clause (i)(II), by
striking the period at the end of clause (ii) and inserting ``, and'',
and by adding at the end the following new clause:
``(iii) in the case of an eligible small
business, the net worth limitation in clause
(ii) of such section shall not apply.''.
(b) Eligible Small Business.--Paragraph (4) of section 7430(c) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(F) Eligible small business.--
``(i) In general.--For purposes of
subparagraph (D)(iii), the term `eligible small
business' means, with respect to any proceeding
commenced in a taxable year--
``(I) a corporation the stock of
which is not publicly traded,
``(II) a partnership, or
``(III) a sole proprietorship,
if the average annual gross receipts of such
corporation, partnership, or sole
proprietorship for the 3-taxable-year period
preceding such taxable year does not exceed
$50,000,000. For purposes of applying the test
under the preceding sentence, rules similar to
the rules of paragraphs (2) and (3) of section
448(c) shall apply.
``(ii) Adjustment for inflation.--In the
case of any calendar year after 2023, the
$50,000,000 amount in clause (i) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year,
determined by substituting `calendar
year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding
sentence is not a multiple of $500, such amount
shall be rounded to the next lowest multiple of
$500.''.
(c) Effective Date.--The amendments made by this section shall
apply to proceedings commenced after the date of the enactment of this
Act.
SEC. 3. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF
INTERNAL REVENUE LAWS.
(a) Increase in Amount of Damages.--
(1) In general.--Section 7433(b) of the Internal Revenue
Code of 1986 is amended by striking ``$1,000,000 ($100,000, in
the case of negligence)'' and inserting ``$5,000,000 ($500,000,
in the case of negligence)''.
(2) Adjustment for inflation.--Section 7433 of such Code is
amended by adding at the end the following new subsection:
``(f) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $5,000,000 and $500,000 amounts in subsection (b) shall
each be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $500, such amount shall be rounded to the next lowest
multiple of $500.''.
(b) Extension of Time To Bring Action.--Section 7433(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``2 years'' and
inserting ``5 years''.
(c) Effective Date.--The amendments made by this section shall
apply to actions of employees of the Internal Revenue Service after the
date of the enactment of this Act.
SEC. 4. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND
EMPLOYEES IN CONNECTION WITH REVENUE LAWS.
(a) Increase in Penalty.--Section 7214 of the Internal Revenue Code
of 1986 is amended--
(1) by striking ``$10,000'' in subsection (a) and inserting
``$25,000'', and
(2) by striking ``$5,000'' in subsection (b) and inserting
``$10,000''.
(b) Adjustment for Inflation.--Section 7214 of the Internal Revenue
Code of 1986, as amended by subsection (a), is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $25,000 amount in subsection (a) and the $10,000 amount
in subsection (b) shall each be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the next lowest
multiple of $100.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED
INSPECTION OR DISCLOSURE OF RETURNS AND RETURN
INFORMATION.
(a) Increase in Amount of Damages.--Subparagraph (A) of section
7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking
``$1,000'' and inserting ``$10,000''.
(b) Adjustment for Inflation.--Section 7431 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(i) Adjustment for Inflation.--In the case of any calendar year
after 2023, the $10,000 amount in subsection (c)(1)(A) shall be
increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2022' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the next lowest
multiple of $100.''.
(c) Period for Bringing Action.--Subsection (d) of section 7431 of
the Internal Revenue Code of 1986 is amended by striking ``2 years''
and inserting ``5 years''.
(d) Effective Date.--The amendment made by this section shall apply
to inspections and disclosure occurring on and after the date of the
enactment of this Act.
SEC. 6. BAN ON EX PARTE DISCUSSIONS.
(a) In General.--Notwithstanding section 1001(a)(4) of the Internal
Revenue Service Restructuring and Reform Act of 1998, the Internal
Revenue Service shall prohibit any ex parte communications between
officers in the Internal Revenue Service Independent Office of Appeals
and other Internal Revenue Service employees with respect to any matter
pending before such officers.
(b) Termination of Employment for Misconduct.--Subject to
subsection (c), the Commissioner of Internal Revenue shall terminate
the employment of any employee of the Internal Revenue Service if there
is a final administrative or judicial determination that such employee
committed any act or omission prohibited under subsection (a) in the
performance of the employee's official duties. Such termination shall
be a removal for cause on charges of misconduct.
(c) Determination of Commissioner.--
(1) In general.--The Commissioner of Internal Revenue may
take a personnel action other than termination for an act
prohibited under subsection (a).
(2) Discretion.--The exercise of authority under paragraph
(1) shall be at the sole discretion of the Commissioner of
Internal Revenue and may not be delegated to any other officer.
At the sole discretion of the Commissioner of Internal Revenue,
such Commissioner may establish a procedure which will be used
to determine whether an individual should be referred to the
Commissioner of Internal Revenue for a determination by the
Commissioner under paragraph (1).
(3) No appeal.--Any determination of the Commissioner of
Internal Revenue under this subsection may not be appealed in
any administrative or judicial proceeding.
(d) TIGTA Reporting of Termination or Mitigation.--Section
7803(d)(1)(E) of the Internal Revenue Code of 1986 is amended by
inserting ``or section 6 of the Small Business Taxpayer Bill of Rights
Act of 2023'' after ``1998''.
SEC. 7. RIGHT TO INDEPENDENT CONFERENCE.
Section 1001 of the Internal Revenue Service Restructuring and
Reform Act of 1998 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the following new
subsection:
``(c) Right to Independent Conference.--Under the organization plan
of the Internal Revenue Service, a taxpayer shall have the right to a
conference with the Internal Revenue Service Independent Office of
Appeals which does not include personnel from the Office of Chief
Counsel for the Internal Revenue Service or the compliance functions of
the Internal Revenue Service unless the taxpayer specifically consents
to the participation of such personnel.''.
SEC. 8. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) In General.--Section 7123 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Availability of Dispute Resolutions.--
``(1) In general.--The procedures prescribed under
subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide that a taxpayer may request
mediation or arbitration in any case unless the Secretary has
specifically excluded the type of issue involved in such case
or the class of cases to which such case belongs as not
appropriate for resolution under such subsection. The Secretary
shall make any determination that excludes a type of issue or a
class of cases public within 5 working days and provide an
explanation for each determination.
``(2) Independent mediators.--
``(A) In general.--The procedures prescribed under
subsection (b)(1) shall provide the taxpayer an
opportunity to elect to have the mediation conducted by
an independent, neutral individual not employed by the
Internal Revenue Service Independent Office of Appeals.
``(B) Cost and selection.--
``(i) In general.--Any taxpayer making an
election under subparagraph (A) shall be
required--
``(I) to share the costs of such
independent mediator equally with the
Internal Revenue Service Independent
Office of Appeals, and
``(II) to limit the selection of
the mediator to a roster of recognized
national or local neutral mediators.
``(ii) Exception.--Clause (i)(I) shall not
apply to any taxpayer who is an individual or
who was a small business in the preceding
calendar year if such taxpayer had an adjusted
gross income that did not exceed 250 percent of
the poverty level, as determined in accordance
with criteria established by the Director of
the Office of Management and Budget, in the
taxable year preceding the request.
``(iii) Small business.--For purposes of
clause (ii), the term `small business' has the
meaning given such term under section
41(b)(3)(D)(iii).
``(3) Availability of process.--The procedures prescribed
under subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide the opportunity to elect
mediation or arbitration at the time when the case is first
filed with the Internal Revenue Service Independent Office of
Appeals and at any time before deliberations in the appeal
commence.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Adjustment for Inflation.--Subsection (a) of section 7213 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(6) Adjustment for inflation.--In the case of any
calendar year after 2023, the $10,000 amounts in paragraphs
(1), (2), (3), and (4) shall each be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year,
determined by substituting `calendar year 2022' for
`calendar year 2016' in subparagraph (A)(ii) thereof.
If any amount as increased under the preceding sentence is not
a multiple of $100, such amount shall be rounded to the next
lowest multiple of $100.''.
(c) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 10. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7531. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Independent Office of Appeals may not consider or decide any
issue that is not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 7531. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Independent Office of Appeals on or after the date of the enactment of
this Act.
SEC. 11. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
RESIDENCES.
(a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``In any case'' and inserting the
following:
``(1) In general.--In any case''; and
(2) by adding at the end the following new paragraph:
``(2) Limitation with respect to principal residence.--
``(A) In general.--Paragraph (1) shall not apply to
any property used as the principal residence of the
taxpayer (within the meaning of section 121) unless the
Secretary of the Treasury makes a written determination
that--
``(i) all other property of the taxpayer,
if sold, is insufficient to pay the tax or
discharge the liability, and
``(ii) such action will not create an
economic hardship for the taxpayer.
``(B) Delegation.--For purposes of this paragraph,
the Secretary of the Treasury may not delegate any
responsibilities under subparagraph (A) to any person
other than--
``(i) the Commissioner of Internal Revenue,
or
``(ii) a district director or assistant
district director of the Internal Revenue
Service.''.
(b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.
SEC. 12. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
MISCONDUCT.
(a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(11) in the case of any review of an application for tax-
exempt status by an organization described in section 501(c) of
the Internal Revenue Code of 1986, developing or using any
methodology that applies disproportionate scrutiny to any
applicant based on the ideology expressed in the name or
purpose of the organization.''.
(b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 90
days.''.
(c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.
SEC. 13. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION.
(a) Review.--Subsection (k)(1) of section 412 of title 5, United
States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) shall--
``(i) review any criteria employed by the
Internal Revenue Service to select tax returns
(including applications for recognition of tax-
exempt status) for examination or audit,
assessment or collection of deficiencies,
criminal investigation or referral, refunds for
amounts paid, or any heightened scrutiny or
review in order to determine whether the
criteria discriminates against taxpayers on the
basis of race, religion, or political ideology;
and
``(ii) consult with the Internal Revenue
Service on recommended amendments to such
criteria in order to eliminate any
discrimination identified pursuant to the
review described in clause (i); and''; and
(4) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(b) Semiannual Report.--Subsection (g) of section 412 of title 5,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) Semiannual reports.--Any semiannual report made by
the Treasury Inspector General for Tax Administration that is
required pursuant to section 405(b) shall include--
``(A) a statement affirming that the Treasury
Inspector General for Tax Administration has reviewed
the criteria described in subsection (k)(1)(D) and
consulted with the Internal Revenue Service regarding
such criteria; and
``(B) a description and explanation of any such
criteria that was identified as discriminatory by the
Treasury Inspector General for Tax Administration.''.
SEC. 14. DEDUCTION FOR EXPENSES RELATING TO CERTAIN AUDITS.
(a) In General.--Subsection (a) of section 62 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (21) the
following new paragraph:
``(22) Expenses relating to certain audits.--The deduction
allowed by section 224.''.
(b) Deduction for Expenses Relating to Certain Audits.--Part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by redesignating section 224 as section 225 and by inserting
after section 223 the following new section:
``SEC. 224. EXPENSES RELATING TO CERTAIN AUDITS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
so much of the qualified NRP expenses paid or incurred during the
taxable year as does not exceed $5,000.
``(b) Qualified NRP Expenses.--For purposes of this section, the
term `qualified NRP expenses' means amounts which but for subsection
(c) would be allowed as a deduction under section 162 or 212(3) in
connection with an audit of the taxpayer's return of the tax imposed by
this chapter for any taxable year under the National Research Program,
but only if such audit results in no increase in the tax liability of
the taxpayer for such taxable year.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under any other provision of this chapter for any amount for which a
deduction is allowed under this section.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 224 and by inserting
after the item relating to section 223 the following new items:
``Sec. 224. Expenses relating to certain audits.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 15. TERM LIMIT FOR NATIONAL TAXPAYER ADVOCATE.
(a) In General.--Subparagraph (B) of section 7803(c)(1) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new clause:
``(v) Term.--The term of the National
Taxpayer Advocate shall be a 10-year term,
beginning with a term to commence on the date
which is 18 months after the date of the
enactment of the Small Business Taxpayer Bill
of Rights Act of 2023. Each subsequent term
shall begin on the day after the date on which
the previous term expires. The National
Taxpayer Advocate may be appointed to serve
more than 1 term.''.
(b) Effective Date.--The term of any individual serving as the
National Taxpayer Advocate under section 7803(c) of the Internal
Revenue Code of 1986 as of the date of the enactment of this Act shall
end as of the day before the date which is 18 months after such date of
enactment, unless such individual is reappointed as the National
Taxpayer Advocate for a subsequent term pursuant to section
7803(c)(1)(B)(v) of such Code.
SEC. 16. RELEASE OF IRS LEVY DUE TO ECONOMIC HARDSHIP FOR BUSINESS
TAXPAYERS.
(a) In General.--Subparagraph (D) of section 6343(a)(1) of the
Internal Revenue Code of 1986 is amended by striking ``or'' and
inserting ``including the financial condition of the taxpayer's viable
trade or business, or''.
(b) Determination of Economic Hardship.--Subsection (a) of section
6343 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new paragraph:
``(4) Determination of economic hardship to business
taxpayer.--In determining whether to release any levy under
paragraph (1)(D), the Secretary shall consider--
``(A) the economic viability of the business,
``(B) the nature and extent of the hardship created
by the levy (including whether the taxpayer has
exercised ordinary business care and prudence), and
``(C) the potential harm to individuals if the
business is liquidated.''.
(c) Effective Date.--The amendments made by this section shall
apply to levies made after the date of the enactment of this Act.
SEC. 17. REPEAL OF PARTIAL PAYMENT REQUIREMENT ON SUBMISSIONS OF
OFFERS-IN-COMPROMISE.
(a) In General.--Section 7122 of the Internal Revenue Code of 1986
is amended by striking subsection (c) and by redesignating subsections
(d), (e), (f), and (g) as subsections (c), (d), (e), and (f),
respectively.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 7122(c) of the Internal
Revenue Code of 1986, as redesignated by subsection (a), is
amended by inserting ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting
a period, and by striking subparagraph (C).
(2) Section 7122 of such Code, as amended by this section,
is amended by adding at the end the following new subsection:
``(g) Application of User Fee.--In the case of any assessed tax or
other amounts imposed under this title with respect to such tax which
is the subject of an offer-in-compromise, such tax or other amounts
shall be reduced by any user fee imposed under this title with respect
to such offer-in-compromise.''.
(3) Section 6159(g) of such Code is amended by striking
``section 7122(e)'' and inserting ``section 7122(d)''.
(c) Effective Date.--The amendments made by this section shall
apply to offers-in-compromise submitted after the date of the enactment
of this Act.
<all>
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118S1178 | For the 99.5 Percent Act | [
[
"S000033",
"Sen. Sanders, Bernard [I-VT]",
"sponsor"
],
[
"W000817",
"Sen. Warren, Elizabeth [D-MA]",
"cosponsor"
],
[
"M000133",
"Sen. Markey, Edward J. [D-MA]",
"cosponsor"
]
] | <p><b>For the 99.5 Percent Act</b></p> <p>This bill imposes increased tax rates on decedent estates, gifts, and generation-skipping transfers.</p> <p> Estates with a value of over $1 billion are taxed at a 65% tax rate. The basic exclusion amount is reduced to $3.5 million. </p> <p>The bill increases (1) to $3 million the reduction in valuations of farmland for estate tax purposes and adjusts such increased amount for inflation, and (2) to $2 million the maximum estate tax exclusion for contributions of conservation easements. It also increases to 60% the applicable percentage for such exclusion. </p> <p>The bill requires (1) consistent basis reporting for property acquired by gift and transfers in trust, and (2) executors of estates and donors of gifts required to file a gift tax return to disclose to the Department of the Treasury, and to recipients of any interest in an estate or a gift, information identifying the value of each interest received.</p> <p>The bill sets forth estate valuation rules for certain transfers of nonbusiness assets and limits estate tax discounts for certain individuals with minority interests in a business acquired from a decedent.</p> <p>The bill expands rules for valuing assets in grantor retained annuity trusts to require that (1) the right to receive fixed amounts from an annuity last for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years, and that such fixed amounts not decrease during the first 10 years of the annuity term, and (2) the remainder interest have a value when transferred that is not less than the the greater of 25% of the fair market value of the trust property or $500,000. The bill also sets forth rules for the application of transfer taxes to a grantor trust (a trust in which the grantor retains control over the trust assets and has the right to receive income from the trust). </p> <p> <he> The bill eliminates the generation-skipping transfer tax exemption for transfers to certain persons.</p> <p>The bill modifies the tax exclusion for annual gifts to eliminate the present interest requirement for such exclusion and to impose a new, aggregate per donor limit equal to twice the annual exclusion amount in effect for the taxable year. It also provides for a<em> gross up</em> of taxable gifts in specified calendar years.</p> <p>The bill defines<em> executor</em> for purposes of the Internal Revenue Code. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1178 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1178
To amend the Internal Revenue Code of 1986 to reinstate estate and
generation-skipping taxes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Sanders (for himself and Ms. Warren) 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 reinstate estate and
generation-skipping taxes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``For the 99.5 Percent Act''.
SEC. 2. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER
TAXES.
(a) Modification of Rates.--Section 2001(c) of the Internal Revenue
Code of 1986 is amended by striking the last 2 rows and inserting the
following:
``Over $750,000 but not over $248,300 plus 39 percent of the
$3,500,000. excess of such amount over
$750,000.
Over $3,500,000 but not over $1,320,800 plus 45 percent of
$10,000,000. the excess of such amount over
$3,500,000.
Over $10,000,000 but not over $4,245,800 plus 50 percent of
$50,000,000. the excess of such amount over
$10,000,000.
Over $50,000,000 but not over $24,245,800 plus 55 percent of
$1,000,000,000. the excess of such amount over
$50,000,000.
Over $1,000,000,000.................. $546,745,800 plus 65 percent of
the excess of such amount over
$1,000,000,000.''.
(b) Exclusion Amount.--
(1) Estate tax.--Paragraph (3) of section 2010(c) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(3) Basic exclusion amount.--For purposes of this
subsection, the basic exclusion amount is $3,500,000.''.
(2) Modification to gift tax exclusion amount.--Paragraph
(1) of section 2505(a) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(1) the applicable credit amount in effect under section
2010(c) for such calendar year (determined as if the basic
exclusion amount in section 2010(c)(2)(A) were $1,000,000),
reduced by''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and generation-skipping transfers
and gifts made, after December 31, 2023.
SEC. 3. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, ETC., REAL
PROPERTY.
(a) In General.--Paragraph (2) of section 2032A(a) of the Internal
Revenue Code of 1986 is amended by striking ``$750,000'' and inserting
``$3,000,000''.
(b) Inflation Adjustment.--Paragraph (3) of section 2032A(a) of
such Code is amended--
(1) by striking ``1998'' and inserting ``2024'',
(2) by striking ``$750,000'' each place it appears and
inserting ``$3,000,000'', and
(3) by striking ``calendar year 1997'' and inserting
``calendar year 2023'' in subparagraph (B).
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2023.
SEC. 4. MODIFICATION OF ESTATE TAX RULES WITH RESPECT TO LAND SUBJECT
TO CONSERVATION EASEMENTS.
(a) Modification of Exclusion Limitation.--Subparagraph (B) of
section 2031(c)(1) of the Internal Revenue Code of 1986 is amended by
striking ``$500,000'' and inserting ``$2,000,000''.
(b) Modification of Applicable Percentage.--Paragraph (2) of
section 2031(c) of the Internal Revenue Code of 1986 is amended by
striking ``40 percent'' and inserting ``60 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2023.
SEC. 5. CLARIFICATION REGARDING DISALLOWANCE OF STEP-UP IN BASIS FOR
PROPERTY HELD IN CERTAIN GRANTOR TRUSTS.
(a) In General.--Section 1014 of the Internal Revenue Code of 1986
is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following:
``(f) Property Held in Certain Grantor Trusts.--This section shall
not apply to property--
``(1) held in a trust of which the transferor is considered
the owner under subpart E of part I of subchapter J, and
``(2) if, after the transfer of such property to the trust,
such property is not includible in the gross estate of the
transferor for purposes of chapter 11.''.
(b) Conforming Amendment.--Section 6662(k) of the Internal Revenue
Code of 1986 is amended by striking ``1014(f)'' and inserting
``1014(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.
(d) No Inference.--No inference may be drawn from the amendments
made by this section with respect to the application of section 1014 of
the Internal Revenue Code of 1986 to property described in subsection
(f) of such section (as added by subsection (a)) which was transferred
on or before the date of enactment of this Act.
SEC. 6. LIMITATION ON DISCOUNTS; VALUATION RULES FOR CERTAIN TRANSFERS
OF NONBUSINESS ASSETS.
(a) In General.--Chapter 14 of subtitle B of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2705. LIMITATION ON DISCOUNTS; VALUATION RULES FOR CERTAIN
TRANSFERS OF NONBUSINESS ASSETS.
``(a) Limitation on Discount by Reason of Family Control.--
``(1) In general.--For purposes of this subtitle, in the
case of the transfer of any interest in an entity other than an
interest which is actively traded (within the meaning of
section 1092), if the transferor, the transferee, and members
of the family of the transferor and transferee have control of
such entity immediately before such transfer, no discount shall
be allowed--
``(A) by reason of the fact that the transferor or
transferee does not have control of such entity,
``(B) by reason of the lack of marketability of the
interest, or
``(C) for any other reason.
``(2) Definitions.--In this subsection, the terms `control'
and `member of the family' have the same meanings given such
terms in section 2704(c).
``(3) Attribution.--For purposes of this section, the rule
of section 2701(e)(3) shall apply for purposes of determining
the interests held by any individual.
``(b) Valuation Rules for Certain Transfers of Nonbusiness
Assets.--
``(1) In general.--For purposes of this subtitle, in the
case of the transfer of any interest in an entity other than an
interest which is actively traded (within the meaning of
section 1092)--
``(A) the value of any nonbusiness assets held by
the entity with respect to such interest shall be
determined as if the transferor had transferred such
assets directly to the transferee (and no valuation
discount shall be allowed with respect to such
nonbusiness assets), and
``(B) such nonbusiness assets shall not be taken
into account in determining the value of the interest
in the entity.
``(2) Nonbusiness assets.--For purposes of this
subsection--
``(A) In general.--The term `nonbusiness asset'
means any asset other than an asset which is used in
the active conduct of a trade or business.
``(B) Passive assets treated as nonbusiness
assets.--
``(i) In general.--For purposes of
subparagraph (A), a passive asset shall be
treated as a nonbusiness asset unless--
``(I) the asset is property
described in paragraph (1) or (4) of
section 1221(a) or is a hedge with
respect to such property, or
``(II) the asset is real property
used in the active conduct of 1 or more
real property trades or businesses
(within the meaning of section
469(c)(7)(C)) in which the transferor
materially participates and with
respect to which the transferor meets
the requirements of section
469(c)(7)(B)(ii).
``(ii) Material participation.--For
purposes of clause (i)(II), material
participation shall be determined under the
rules of section 469(h), except that section
469(h)(3) shall be applied without regard to
the limitation to farming activity.
``(C) Working capital treated as used in trade or
business.--Any asset (including a passive asset) which
is held as a part of the reasonably required working
capital needs of a trade or business shall be treated
as used in the active conduct of a trade or business.
``(3) Passive asset.--For purposes of this subsection, the
term `passive asset' means any--
``(A) cash or cash equivalents,
``(B) stock in a corporation or any other equity,
profits, or capital interest in any entity,
``(C) evidence of indebtedness, option, forward or
futures contract, notional principal contract, or
derivative,
``(D) asset described in clause (iii), (iv), or (v)
of section 351(e)(1)(B),
``(E) annuity,
``(F) real property used in 1 or more real property
trades or businesses (as defined in section
469(c)(7)(C)),
``(G) asset (other than a patent, trademark, or
copyright) which produces royalty income,
``(H) commodity,
``(I) collectible (within the meaning of section
408(m)), or
``(J) any other asset specified in regulations
prescribed by the Secretary.
``(4) Look-thru rule.--
``(A) In general.--If a nonbusiness asset of an
entity described in paragraph (1) consists of a 10-
percent interest in any other entity, this subsection
shall be applied by disregarding the 10-percent
interest and by treating the entity as holding directly
its ratable share of the assets of the other entity.
``(B) 10-percent interest.--The term `10-percent
interest' means--
``(i) in the case of an interest in a
corporation, direct ownership of at least 10
percent (by vote or value) of the stock in such
corporation,
``(ii) in the case of an interest in a
partnership, direct ownership of at least 10
percent of the capital or profits interest in
the partnership, and
``(iii) in any other case, direct ownership
of at least 10 percent of the beneficial
interests in the entity.''.
(b) Conforming Amendments.--
(1) Section 2031(b) of the Internal Revenue Code of 1986 is
amended by inserting ``(after application of section 2705(b))''
after ``shall be determined''.
(2) The table of sections of chapter 14 of subtitle B of
such Code is amended by adding at the end the following:
``Sec. 2705. Limitation on discounts; valuation rules for certain
transfers of nonbusiness assets.''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers after the date of the enactment of this Act.
SEC. 7. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED
ANNUITY TRUSTS.
(a) In General.--Subsection (b) of section 2702 of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs (as so redesignated) 2 ems to the right;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'';
(3) by striking ``paragraph (1) or (2)'' in paragraph
(1)(C) (as so redesignated) and inserting ``subparagraph (A) or
(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Additional requirements with respect to grantor
retained annuities.--For purposes of subsection (a), in the
case of an interest described in paragraph (1)(A) (determined
without regard to this paragraph) which is retained by the
transferor, such interest shall be treated as described in such
paragraph only if--
``(A) the right to receive the fixed amounts
referred to in such paragraph is for a term of not less
than 10 years and not more than the life expectancy of
the annuitant plus 10 years,
``(B) such fixed amounts, when determined on an
annual basis, do not decrease during the term described
in subparagraph (A), and
``(C) the remainder interest has a value, as
determined as of the time of the transfer, which is--
``(i) not less than an amount equal to the
greater of--
``(I) 25 percent of the fair market
value of the property in the trust, or
``(II) $500,000, and
``(ii) not greater than the fair market
value of the property in the trust.''.
(b) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
SEC. 8. CERTAIN TRANSFER TAX RULES APPLICABLE TO GRANTOR TRUSTS.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 16--SPECIAL RULES FOR GRANTOR TRUSTS
``Sec. 2901. Application of transfer taxes.
``SEC. 2901. APPLICATION OF TRANSFER TAXES.
``(a) In General.--In the case of any portion of a trust to which
this section applies--
``(1) the value of the gross estate of the deceased deemed
owner of such portion shall include all assets attributable to
that portion at the time of the death of such owner,
``(2) any distribution from such portion to one or more
beneficiaries during the life of the deemed owner of such
portion shall be treated as a transfer by gift for purposes of
chapter 12, and
``(3) if at any time during the life of the deemed owner of
such portion, such owner ceases to be treated as the owner of
such portion under subpart E of part 1 of subchapter J of
chapter 1, all assets attributable to such portion at such time
shall be treated for purposes of chapter 12 as a transfer by
gift made by the deemed owner.
``(b) Portion of Trust to Which Section Applies.--This section
shall apply to--
``(1) the portion of a trust with respect to which the
grantor is the deemed owner, and
``(2) the portion of the trust to which a person who is not
the grantor is a deemed owner by reason of the rules of subpart
E of part 1 of subchapter J of chapter 1, and such deemed owner
engages in a sale, exchange, or comparable transaction with the
trust that is disregarded for purposes of subtitle A.
For purposes of paragraph (2), the portion of the trust described with
respect to a transaction is the portion of the trust attributable to
the property received by the trust in such transaction, including all
retained income therefrom, appreciation thereon, and reinvestments
thereof, net of the amount of consideration received by the deemed
owner in such transaction.
``(c) Exceptions.--This section shall not apply to any trust that
is includible in the gross estate of the deemed owner (without regard
to subsection (a)(1)).
``(d) Deemed Owner Defined.--For purposes of this section, the term
`deemed owner' means any person who is treated as the owner of a
portion of a trust under subpart E of part 1 of subchapter J of chapter
1.
``(e) Reduction for Taxable Gifts to Trust Made by Owner.--The
amount to which subsection (a) applies shall be reduced by the value of
any transfer by gift by the deemed owner to the trust previously taken
into account by the deemed owner under chapter 12.
``(f) Liability for Payment of Tax.--Any tax imposed pursuant to
subsection (a) shall be a liability of the trust.''.
(b) Clerical Amendment.--The table of chapters for subtitle B of
such Code is amended by adding at the end the following new item:
``Chapter 16. Special Rules for Grantor Trusts''.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) to trusts created on or after the date of the enactment
of this Act,
(2) to any portion of a trust established before the date
of the enactment of this Act which is attributable to a
contribution made on or after such date, and
(3) to any portion of a trust established before the date
of the enactment of this Act to which section 2901(a) of the
Internal Revenue Code of 1986 (as added by subsection (a))
applies by reason of a transaction described in section
2901(b)(2) of such Code on or after such date.
SEC. 9. ELIMINATION OF GENERATION-SKIPPING TRANSFER TAX EXEMPTION FOR
TRANSFERS TO CERTAIN PERSONS.
(a) In General.--Section 2642 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Elimination of GST Exemption for Transfers to Certain
Persons.--
``(1) In general.--
``(A) Transfer to non-exempt person.--In the case
of any direct skip or taxable distribution made to any
person who is not an exempt person, the inclusion ratio
shall be 1.
``(B) Taxable termination.--In the case of any
taxable termination which occurs at any time
immediately after no exempt person is a beneficiary of
the trust, the inclusion ratio shall be 1.
``(C) Exempt person.--
``(i) In general.--For purposes of this
subsection, the term `exempt person' means--
``(I) a natural person--
``(aa) who is assigned to a
generation which is 2 or fewer
generations below the
generation assignment of the
transferor, or
``(bb) whose date of birth
precedes the date on which the
trust was created, or
``(II) a trust in which all
interests are held by persons described
in subclause (I).
``(ii) Exception.--For purposes of clause
(i)(II), any interest which is used primarily
to postpone or avoid the application of this
subsection shall be disregarded.
``(2) Date of creation.--
``(A) In general.--For purposes of determining the
date on which a trust was created under paragraph
(1)(C)(i)(I)(bb), if the trust was created before
January 1, 2024, such trust shall be deemed to have
been created on January 1, 2024.
``(B) Date of creation of pour-over trusts.--
``(i) In general.--In the case of any
generation-skipping transfer of property which
involves the transfer of property from one
trust to another trust, the date of the
creation of the transferee trust shall be
treated as being the earlier of--
``(I) the date of the creation of
such transferee trust, or
``(II) the date of the creation of
the transferor trust.
``(ii) Multiple transfers.--In the case of
multiple transfers to which clause (i)
applies--
``(I) the date of the creation of
the transferor trust shall be
determined under such clause, and
``(II) subsequent to the
determination described in subclause
(I), the date of the creation of the
transferee trust shall be determined
under such clause.
``(3) Generation assignment.--For purposes of this
subsection, the provisions of section 2653(a) shall not apply.
``(4) Regulations.--The Secretary may prescribe such
regulations or other guidance as may be necessary or
appropriate to carry out this subsection.''.
(b) Repeal.--Section 1433(b)(2) of the Tax Reform Act of 1986
(Public Law 99-514) is repealed.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Repeal.--The amendment made by subsection (b) shall
apply to generation-skipping transfers (within the meaning of
section 2611 of the Internal Revenue Code of 1986) made after
the date of enactment of this Act.
SEC. 10. SIMPLIFYING GIFT TAX EXCLUSION FOR ANNUAL GIFTS.
(a) In General.--Paragraph (1) of section 2503(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) In general.--
``(A) Limit per donee.--In the case of gifts made
to any person by the donor during the calendar year,
the first $10,000 of such gifts to such person shall
not, for purposes of subsection (a), be included in the
total amount of gifts made during such year.
``(B) Cumulative limit per donor.--
``(i) In general.--The aggregate amount
excluded under subparagraph (A) with respect to
all transfers described in clause (ii) made by
the donor during the calendar year shall not
exceed twice the dollar amount in effect under
such subparagraph for such calendar year.
``(ii) Transfers subject to limitation.--
The transfers described in this clause are--
``(I) a transfer in trust,
``(II) a transfer of an interest in
a passthrough entity,
``(III) a transfer of an interest
subject to a prohibition on sale, and
``(IV) any other transfer of
property that, without regard to
withdrawal, put, or other such rights
in the donee, cannot immediately be
liquidated by the donee.''.
(b) Conforming Amendment.--Section 2503 of the Internal Revenue
Code of 1986 is amended by striking subsection (c).
(c) Regulations.--The Secretary of the Treasury, or the Secretary
of the Treasury's delegate, may prescribe such regulations or other
guidance as may be necessary or appropriate to carry out the amendments
made by this section.
(d) Effective Date.--The amendments made by this section shall
apply to any calendar year beginning after the date of the enactment of
this Act.
SEC. 11. GROSS UP FOR TAXABLE GIFTS.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986,
as amended by section 10, is amended--
(1) in subsection (a), by striking ``The term'' and
inserting ``Subject to subsection (c), the term'', and
(2) by inserting after subsection (b) the following:
``(c) Gross Up.--An amount equal to the taxes paid by an individual
under section 2501 for any calendar year on the transfer of property by
gift during such calendar year shall be treated for purposes of this
subtitle as a taxable gift made during such calendar year.''.
(b) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of enactment of this
Act.
SEC. 12. DEFINITION OF EXECUTOR.
(a) Establishment of General Definition of Executor for Internal
Revenue Code of 1986.--
(1) Subchapter C of chapter 11 of subtitle B of the
Internal Revenue Code of 1986 is amended by striking section
2203.
(2) Section 7701(a) of such Code is amended by adding at
the end the following:
``(51) Executor.--
``(A) In general.--The term `executor' means--
``(i) the executor or administrator of the
decedent, or
``(ii) if there is no executor or
administrator appointed, qualified, and acting
within the United States, any person in actual
or constructive possession of any property of
the decedent.
``(B) Authority.--For purposes of this title, an
executor shall be authorized to act on behalf of the
decedent, including with respect to any liability or
obligation incurred under this title which preceded the
death of the decedent.
``(C) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to determine the executor of a decedent in
the case where 2 or more persons satisfy the applicable
requirements under subparagraph (A) with respect to the
decedent.''.
(b) Conforming Amendments.--
(1) Section 2652 of the Internal Revenue Code of 1986 is
amended by striking subsection (d).
(2) Section 6036 of such Code is amended by striking ``(as
defined in section 2203)''.
(3) The table of sections for subchapter C of chapter 11 of
subtitle B of such Code is amended by striking the item
relating to section 2203.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
<all>
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118S1179 | Holocaust Insurance Accountability Act of 2023 | [
[
"R000595",
"Sen. Rubio, Marco [R-FL]",
"sponsor"
],
[
"R000608",
"Sen. Rosen, Jacky [D-NV]",
"cosponsor"
],
[
"C001096",
"Sen. Cramer, Kevin [R-ND]",
"cosponsor"
],
[
"S001217",
"Sen. Scott, Rick [R-FL]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1179 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1179
To provide for the restoration of legal rights for claimants under
Holocaust-era insurance policies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Rubio (for himself, Ms. Rosen, Mr. Cramer, and Mr. Scott of
Florida) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the restoration of legal rights for claimants under
Holocaust-era insurance policies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Insurance Accountability
Act of 2023''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) allow for the enforcement of State laws requiring the
disclosure of information about Holocaust-era insurance
policies, notwithstanding the holding of the Supreme Court of
the United States in American Insurance Association v.
Garamendi, 539 U.S. 396 (2003) that such laws are preempted by
the foreign policy espoused by the executive branch of the
Federal Government addressed in that case;
(2) facilitate the disclosure of information about
Holocaust-era insurance policies under applicable State laws so
that citizens of the United States (and other persons on whose
behalf such laws were enacted) may know whether they hold any
rights under the policies;
(3) create a new Federal private cause of action and
subject matter jurisdiction to allow the beneficiaries of
Holocaust-era insurance policies, many of whom are citizens of
the United States, to bring suits in the courts of the United
States to recover any proceeds under the policies to which they
may be entitled, notwithstanding the defense that such suits
are preempted by the executive branch foreign policy addressed
in Garamendi, with the State law of the forum or Federal common
law providing the rule of decision governing the right of a
beneficiary to recover under such policies;
(4) foreclose defenses to claims brought under section 4 of
this Act arising from any prior judgments or settlement
agreements (including the class action judgment and settlement
agreement (M21-89, United States District Court for the
Southern District of New York) in In re: Assicurazioni General
S.p.A. Holocaust Insurance Litigation) that were entered and
approved based on the erroneous conclusion that State law
claims to recover under Holocaust-era insurance claims are
preempted by the executive branch foreign policy addressed in
Garamendi;
(5) provide for a uniform statute of limitations of 10
years after the date of enactment of this Act in any action to
recover under Holocaust-era insurance policies under this Act
or State law; and
(6) in carrying out the purposes described in paragraphs
(1) through (5), preserve the lawmaking powers of Congress
under article I of the Constitution of the United States, with
which the judicial decisions cited in this section are
inconsistent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Beneficiary.--The term ``beneficiary'' includes--
(A) a named insured or named beneficiary under a
covered policy; and
(B) an heir, assignee, or legal representative of a
named insured or named beneficiary described in
subparagraph (A).
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, annuity, property, or other insurance
policy that was--
(A) in effect at any time during the period
beginning on January 31, 1933, and ending on December
31, 1945; and
(B) issued to a policyholder domiciled in--
(i) any area that was occupied or
controlled by Nazi Germany; or
(ii) the territorial jurisdiction of
Switzerland.
(3) Insurer.--The term ``insurer''--
(A) means any person engaged in the business of
insurance (including reinsurance) in interstate or
foreign commerce that issued a covered policy; and
(B) includes any successor in interest to a person
described in subparagraph (A).
(4) Nazi germany.--The term ``Nazi Germany'' means--
(A) the Nazi government of Germany; and
(B) any government that--
(i) had friendly relations with the Nazi
government of Germany;
(ii) was allied with or controlled by the
Nazi government of Germany; or
(iii) exercised or claimed sovereignty over
any area occupied by the military forces of the
Nazi government of Germany.
(5) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).
SEC. 4. PRIVATE RIGHT OF ACTION; CIVIL ACTIONS.
(a) Civil Actions To Recover Under Covered Policies.--This Act
creates a new Federal private cause of action and Federal subject
matter jurisdiction for a beneficiary of a covered policy to bring a
civil action against the insurer for the covered policy or a related
company of the insurer to recover proceeds due under the covered policy
or otherwise to enforce any rights under the covered policy. The rule
of decision governing the right of a beneficiary to recover under a
covered policy shall be the law of the forum State in which the civil
action is filed, or Federal common law, at the option of the
beneficiary.
(b) Nationwide Service of Process.--For a civil action brought
under subsection (a) in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
(c) Remedies.--
(1) Damages.--
(A) In general.--A court shall award to a
prevailing beneficiary in a civil action brought under
subsection (a)--
(i) the amount of the proceeds due under
the covered policy;
(ii) prejudgment interest on the amount
described in clause (i) from the date the
amount was due until the date of judgment,
calculated at a rate of 6 percent per year,
compounded annually; and
(iii) any other appropriate relief
necessary to enforce rights under the covered
policy.
(B) Treble damages.--If a court finds that an
insurer or related company of the insurer acted in bad
faith, the court shall award damages in an amount equal
to 3 times the amount otherwise to be awarded under
subparagraph (A).
(2) Attorney's fees and costs.--A court shall award
reasonable attorney's fees and costs to a prevailing
beneficiary in a civil action brought under subsection (a).
(d) Limitation.--A civil action may not be brought under this
section on or after the date that is 10 years after the date of
enactment of this Act.
SEC. 5. EFFECT OF PRIOR JUDGMENTS AND RELEASES.
(a) In General.--
(1) Effect.--Subject to subsection (b)(1), a judgment or
release described in paragraph (2) shall not preclude,
foreclose, bar, release, waive, acquit, discharge, or otherwise
impair any claim brought under section 4 by any person.
(2) Judgments and releases.--A judgment or release
described in this paragraph is--
(A) a judgment entered before the date of enactment
of this Act for any claim arising under a covered
policy in any civil action in a Federal or State court;
or
(B) an agreement entered into before the date of
enactment of this Act under which any person (on behalf
of the person, any other person, or a class of persons)
agrees not to assert or agrees to waive or release any
claim described in subparagraph (A), regardless of
whether the agreement is--
(i) denominated as a release, discharge,
covenant not to sue, or otherwise; or
(ii) approved by a court.
(b) Rules of Construction.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section shall affect the validity or
enforceability of any agreement entered into between any
claimant under a covered policy and the International
Commission on Holocaust Era Insurance Claims or an insurer
under which the claimant has agreed to release or waive any
claim in consideration for payment under a covered policy.
(2) Exception.--Paragraph (1) shall not apply to any
agreement for which the payment is denominated as humanitarian
by the International Commission on Holocaust Era Insurance
Claims.
SEC. 6. EFFECT OF EXECUTIVE AGREEMENTS AND EXECUTIVE FOREIGN POLICY.
(a) Effect of Executive Agreements and Executive Foreign Policy on
State Laws.--An executive agreement described in subsection (c)(1) and
an executive foreign policy described in subsection (c)(2) shall not
supercede or preempt the law of any State--
(1) relating to a claim under or relating to a covered
policy against the insurer for the covered policy or a related
company of the insurer; or
(2) that requires an insurer doing business in the State or
any related company of the insurer to disclose information
regarding a covered policy issued by the insurer.
(b) Effect of Executive Agreements and Executive Foreign Policy on
Claims Brought Under This Act.--An executive agreement described in
subsection (c)(1) and an executive foreign policy described in
subsection (c)(2) shall not compromise, settle, extinguish, waive,
preclude, bar, or foreclose a claim brought under section 4.
(c) Executive Agreements and Executive Foreign Policy Covered.--
(1) Executive agreements.--An executive agreement described
in this paragraph is an executive agreement between the United
States and a foreign government entered into before, on, or
after the date of enactment of this Act.
(2) Executive foreign policy.--An executive foreign policy
described in this paragraph is a foreign policy of the
executive branch of the Federal Government established before,
on, or after the date of enactment of this Act.
SEC. 7. EFFECT ON STATE LAWS.
Nothing in this Act shall supersede or preempt any State law except
to the extent the law of the State conflicts with this Act.
SEC. 8. TIMELINESS OF ACTIONS BROUGHT UNDER STATE LAW.
A claim brought under any State law described in section 6(a) shall
not be deemed untimely on the basis of any State or Federal statute of
limitations or on the basis of any other legal or equitable rule or
doctrine (including laches) governing the timeliness of claims if the
claim is filed not later than 10 years after the date of enactment of
this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of such provision to any
other person or circumstance shall not be affected thereby.
SEC. 10. EFFECTIVE DATE; APPLICABILITY.
This Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any claim relating to a covered policy that is
brought before, on, or after the date of enactment of this Act.
<all>
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118S118 | AIM Act of 2023 | [
[
"V000128",
"Sen. Van Hollen, Chris [D-MD]",
"sponsor"
]
] | <p><strong></strong><b>ATF Improvement and Modernization Act of 2023 or the AIM Act of 2023</b></p> <p>This bill removes limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to conduct activities related to the administration of federal firearms laws.</p> <p>Specifically, the bill removes provisions that</p> <ul> <li>limit the use of firearms tracing data; </li> <li>prohibit consolidating or centralizing records maintained by federal firearm licensees, or FFLs (e.g., gun dealers); </li> <li>prohibit imposing a requirement that gun dealers conduct a physical inventory; </li> <li>require national instant criminal background check records to be destroyed within 24 hours; </li> <li>limit the disclosure of data under the Freedom of Information Act; </li> <li> prohibit the ATF from altering the definition of a curio or relic firearm; </li> <li> prohibit the denial of a federal firearms license due to lack of business activity; </li> <li> prohibit transferring the ATF's functions, missions, or activities to other agencies or departments; </li> <li> prohibit the electronic retrieval of information gathered from firearm transaction records of FFLs that go out of business; and </li> <li> prohibit the ATF from denying an application to import certain shotguns. </li> </ul> <p>Additionally, the bill</p> <ul> <li>raises the liability standard for denying or revoking a federal firearms license from a willful violation to a knowing violation of federal firearms laws or regulations, and </li> <li>removes the de novo standard of judicial review for appealing the denial or revocation of a federal firearms license. <br> </li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 118 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 118
To remove obstacles to the ability of law enforcement officers to
enforce gun safety laws, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Van Hollen introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To remove obstacles to the ability of law enforcement officers to
enforce gun safety laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATF Improvement and Modernization
Act of 2023'' or the ``AIM Act of 2023''.
SEC. 2. ELIMINATION OF LIMITATIONS RELATING TO FIREARMS TRACE DATA.
(a) Tiahrt Amendments.--
(1) Fiscal year 2012.--The matter under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-
55; 125 Stat. 609) is amended by striking the sixth proviso.
(2) Fiscal year 2010.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2010 (18
U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128) is amended
by striking ``beginning in fiscal year 2010 and thereafter''
and inserting ``in fiscal year 2010''.
(3) Fiscal year 2009.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Omnibus Appropriations Act, 2009 (18 U.S.C.
923 note; Public Law 111-8; 123 Stat. 575) is amended by
striking ``beginning in fiscal year 2009 and thereafter'' and
inserting ``in fiscal year 2009''.
(4) Fiscal year 2008.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title II of
division B of the Consolidated Appropriations Act, 2008 (18
U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903) is amended
by striking ``beginning in fiscal year 2008 and thereafter''
and inserting ``in fiscal year 2008''.
(5) Fiscal year 2006.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title I of the
Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-
108; 119 Stat. 2295) is amended by striking ``under this or any
other Act with respect to any fiscal year'' and inserting
``under this Act''.
(6) Fiscal year 2005.--The sixth proviso under the heading
``salaries and expenses'' under the heading ``Bureau of
Alcohol, Tobacco, Firearms and Explosives'' in title I of
division B of the Consolidated Appropriations Act, 2005 (18
U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859) is amended
by striking ``under this or any other Act with respect to any
fiscal year'' and inserting ``under this Act''.
(b) Prohibition on Use of Firearms Trace Data To Draw Broad
Conclusions About Firearms-Related Crime.--Section 514 of division B of
the Consolidated and Further Continuing Appropriations Act, 2013 (18
U.S.C. 923 note; Public Law 113-6; 127 Stat. 271) is repealed.
SEC. 3. ELIMINATION OF PROHIBITION ON CONSOLIDATION OR CENTRALIZATION
IN THE DEPARTMENT OF JUSTICE OF FIREARMS ACQUISITION AND
DISPOSITION RECORDS MAINTAINED BY FEDERAL FIREARMS
LICENSEES.
The matter under the heading ``salaries and expenses'' under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125
Stat. 609) is amended by striking the first proviso.
SEC. 4. ELIMINATION OF PROHIBITION ON IMPOSITION OF REQUIREMENT THAT
FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF FIREARMS
INVENTORY.
(a) Fiscal Year 2013.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law
113-6; 127 Stat. 247) is amended by striking the fifth proviso.
(b) Fiscal Year 2012.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609)
is amended by striking ``: Provided further, That no funds made
available by this or any other Act shall be expended to promulgate or
implement any rule requiring a physical inventory of any business
licensed under section 923 of title 18, United States Code''.
(c) Fiscal Year 2010.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3128) is amended by striking the seventh proviso.
(d) Fiscal Year 2009.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 574) is amended by striking the
seventh proviso.
(e) Fiscal Year 2008.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1903) is
amended by striking the seventh proviso.
(f) Fiscal Year 2006.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title I of the Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2295) is amended by striking the seventh proviso.
(g) Fiscal Year 2005.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title I of division B of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2859) is
amended by striking the seventh proviso.
(h) Fiscal Year 2004.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title I of division B of the Consolidated
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 52) is amended
by striking the seventh proviso.
SEC. 5. ELIMINATION OF REQUIREMENT THAT INSTANT CHECK RECORDS BE
DESTROYED WITHIN 24 HOURS.
(a) Fiscal Year 2012.--Section 511 of division B of the
Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C.
40901 note; Public Law 112-55; 125 Stat. 632) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(b) Fiscal Year 2010.--Section 511 of division B of the
Consolidated Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3151) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(c) Fiscal Year 2009.--Section 511 of division B of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 596) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(d) Fiscal Year 2008.--Section 512 of division B of the
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
1926) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(e) Fiscal Year 2006.--Section 611 of the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006 (Public Law
119-108; 119 Stat. 2336) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(f) Fiscal Year 2005.--Section 615 of division B of the
Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2915) is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking the semicolon and all that follows and
inserting a period.
(g) Fiscal Year 2004.--Section 617 of division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat.
95) is amended--
(1) by striking ``(a)'';
(2) by striking ``--'' and all that follows through
``(1)''; and
(3) by striking the semicolon and all that follows and
inserting a period.
SEC. 6. ELIMINATION OF PROHIBITION ON PROCESSING OF FREEDOM OF
INFORMATION ACT REQUESTS ABOUT ARSON OR EXPLOSIVES
INCIDENTS OR FIREARM TRACES.
Section 644 of division J of the Consolidated Appropriations
Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473)
is repealed.
SEC. 7. ELIMINATION OF PROHIBITIONS RELATING TO ``CURIOS OR RELICS''
AND IMPORTATION OF SURPLUS MILITARY FIREARMS.
(a) Fiscal Year 2023.--Section 535 of division B of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is repealed.
(b) Fiscal Year 2022.--Section 536 of division B of the
Consolidated Appropriations Act, 2022 (Public Law 117-103; 136 Stat.
152) is repealed.
(c) Fiscal Year 2020.--Section 538 of division B of the
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 Stat.
2433) is repealed.
(d) Fiscal Year 2019.--Section 517 of division C of the
Consolidated Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 133)
is repealed.
(e) Fiscal Year 2013.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (18 U.S.C. 921 note; Public Law
113-6; 127 Stat. 247) is amended by striking the first proviso.
SEC. 8. ELIMINATION OF PROHIBITION ON DENIAL OF FEDERAL FIREARMS
LICENSE DUE TO LACK OF BUSINESS ACTIVITY.
(a) Fiscal Year 2013.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law
113-6; 127 Stat. 247) is amended by striking ``: Provided further,
That, in the current fiscal year and any fiscal year thereafter, no
funds authorized or made available under this or any other Act may be
used to deny any application for a license'' and all that follows
through ``Internal Revenue Code of 1986''.
(b) Fiscal Year 2012.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609)
is amended by striking ``: Provided further, That no funds authorized
or made available under this or any other Act may be used to deny any
application for a license'' and all that follows through ``Internal
Revenue Code of 1986''.
(c) Fiscal Year 2010.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3128) is amended by striking ``: Provided further, That no funds
authorized or made available under this or any other Act may be used to
deny any application for a license'' and all that follows through
``Internal Revenue Code of 1986''.
(d) Fiscal Year 2009.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Omnibus Appropriations
Act, 2009 (Public Law 111-8; 123 Stat. 574) is amended by striking ``:
Provided further, That no funds authorized or made available under this
or any other Act may be used to deny any application for a license''
and all that follows through ``Internal Revenue Code of 1986''.
(e) Fiscal Year 2008.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1903) is
amended by striking ``: Provided further, That no funds authorized or
made available under this or any other Act may be used to deny any
application for a license'' and all that follows through ``Internal
Revenue Code of 1986''.
(f) Fiscal Year 2006.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title I of the Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2295) is amended by striking ``: Provided further, That no funds
authorized or made available under this or any other Act may be used to
deny any application for a license'' and all that follows through
``Internal Revenue Code of 1986''.
(g) Fiscal Year 2005.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title I of division B of the Consolidated
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2859) is
amended by striking ``: Provided further, That no funds authorized or
made available under this or any other Act may be used to deny any
application for a license'' and all that follows through ``Internal
Revenue Code of 1986''.
SEC. 9. ELIMINATION OF PROHIBITION ON THE TRANSFER OF THE FUNCTIONS,
MISSIONS, OR ACTIVITIES OF THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS AND EXPLOSIVES TO OTHER AGENCIES OR
DEPARTMENTS.
(a) Fiscal Year 2023.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) is amended by striking
the third proviso.
(b) Fiscal Year 2022.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 118) is amended
by striking the third proviso.
(c) Fiscal Year 2020.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2020 (Public Law 116-93; 133 Stat. 2402) is amended
by striking the third proviso.
(d) Fiscal Year 2019.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division C of the Consolidated
Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 107) is amended
by striking the third proviso.
(e) Fiscal Year 2018.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 415) is amended
by striking the third proviso.
(f) Fiscal Year 2017.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 131 Stat. 198) is amended
by striking the third proviso.
(g) Fiscal Year 2016.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2016 (Public Law 114-113; 129 Stat. 2301) is
amended by striking the third proviso.
(h) Fiscal Year 2015.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat.
2187) is amended by striking the third proviso.
(i) Fiscal Year 2014.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated
Appropriations Act, 2014 (Public Law 113-76; 128 Stat. 56) is amended
by striking the third proviso.
(j) Fiscal Year 2013.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 247)
is amended by striking ``: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments''.
(k) Fiscal Year 2012.--The matter under the heading ``salaries and
expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and
Explosives'' in title II of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 609)
is amended by striking ``: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms and Explosives to other agencies or Departments''.
SEC. 10. ELIMINATION OF PROHIBITION ON SEARCHING COMPUTERIZED RECORDS
OF FEDERALLY LICENSED FIREARMS DEALERS WHO ARE OUT OF
BUSINESS.
The matter under the heading ``salaries and expenses'' under the
heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' in
title II of division B of the Consolidated and Further Continuing
Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125
Stat. 610) is amended by striking ``: Provided further, That,
hereafter, no funds made available by this or any other Act may be used
to electronically retrieve information gathered pursuant to 18 U.S.C.
923(g)(4) by name or any personal identification code''.
SEC. 11. ELIMINATION OF PROHIBITION ON DENYING, OR FAILING TO ACT ON,
APPLICATION TO IMPORT CERTAIN SHOTGUN MODELS ON THE BASIS
THAT THE SHOTGUN WAS NOT PARTICULARLY SUITABLE FOR OR
READILY ADAPTABLE TO SPORTING PURPOSES.
(a) Fiscal Year 2023.--Section 536 of division B of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) is repealed.
(b) Fiscal Year 2022.--Section 537 of division B of the
Consolidated Appropriations Act, 2022 (Public Law 117-103; 136 Stat.
152) is repealed.
(c) Fiscal Year 2020.--Section 539 of division B of the
Consolidated Appropriations Act, 2020 (Public Law 116-93; 133 Stat.
2433) is repealed.
(d) Fiscal Year 2019.--Section 531 of division C of the
Consolidated Appropriations Act, 2019 (Public Law 116-6; 133 Stat. 137)
is repealed.
SEC. 12. ELIMINATION OF LIMITS ON FREQUENCY OF RECORD-KEEPING
INSPECTIONS OF INVENTORY AND RECORDS OF FEDERAL FIREARMS
LICENSEES.
Section 923(g)(1)(B)(ii) of title 18, United States Code, is
amended to read as follows:
``(ii) for ensuring compliance with the record-keeping
requirements of this chapter; or''.
SEC. 13. REVISING STANDARD FOR FEDERAL FIREARM LICENSE REVOCATION FROM
WILLFUL VIOLATION TO KNOWING VIOLATION.
(a) In General.--Section 923(e) of title 18, United States Code, is
amended by striking ``willfully'' each place the term appears and
inserting ``knowingly''.
(b) Technical Amendment.--The third sentence of section 923(e) of
title 18, United States Code, is amended by striking ``Secretary's''
and inserting ``Attorney General's''.
SEC. 14. ELIMINATION OF DE NOVO REVIEW AND OF OPPORTUNITY TO RELY ON
EVIDENCE NOT PREVIOUSLY CONSIDERED.
Section 923(f)(3) of title 18, United States Code, is amended--
(1) in the second sentence, by striking ``de novo''; and
(2) in the third sentence, by striking ``any evidence
submitted by the parties to the proceeding whether or not such
evidence'' and inserting ``only evidence that''.
SEC. 15. REVISING STANDARDS FOR ELIGIBILITY OF FEDERAL FIREARMS
LICENSEES.
Section 923(d)(1) of title 18, United States Code, is amended by
striking ``willfully'' each place the term appears and inserting
``knowingly''.
<all>
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118S1180 | FEMA Loan Interest Payment Relief Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1180 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1180
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for the authority to reimburse local
governments or electric cooperatives for interest expenses, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for the authority to reimburse local
governments or electric cooperatives for interest expenses, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEMA Loan Interest Payment Relief
Act''.
SEC. 2. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
(a) In General.--Title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by
adding at the end the following:
``SEC. 431. REIMBURSEMENT OF INTEREST PAYMENTS RELATED TO PUBLIC
ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Qualifying interest.--The term `qualifying interest'
means, with respect to a qualifying loan, the lesser of--
``(A) the actual interest paid to a lender for such
qualifying loan; and
``(B) the interest that would have been paid to a
lender if such qualifying loan had an interest rate
equal to the prime rate most recently published on the
Federal Reserve Statistical Release on selected
interest rates.
``(2) Qualifying loan.--The term `qualifying loan' means a
loan--
``(A) obtained by a local government or electric
cooperative; and
``(B) of which not less than 90 percent of the
proceeds are used to fund activities for which such
local government or electric cooperative receives
assistance under this Act after the date on which such
loan is disbursed.
``(b) Financial Assistance.--The President, acting through the
Administrator of the Federal Emergency Management Agency, shall provide
financial assistance to a local government or electric cooperative as
reimbursement for qualifying interest.''.
(b) Rule of Applicability.--Any qualifying interest (as such term
is defined in section 431 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as added by this Act) incurred by a local
government or electric cooperative in the 5 years preceding the date of
enactment of this Act shall be treated as eligible for financial
assistance for purposes of such section.
<all>
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118S1181 | Bank Management Accountability Act | [
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"Sen. Reed, Jack [D-RI]",
"sponsor"
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[
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"Sen. Grassley, Chuck [R-IA]",
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],
[
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"Sen. Menendez, Robert [D-NJ]",
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],
[
"S001203",
"... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1181 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1181
To amend the Federal Deposit Insurance Act to improve financial
stability, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Reed (for himself and Mr. Grassley) 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 improve financial
stability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Management Accountability
Act''.
SEC. 2. SYSTEMIC RISK DETERMINATION.
(a) In General.--Section 13(c)(4)(G) of the Federal Deposit
Insurance Act (12 U.S.C. 1823(c)(4)(G)) is amended by adding at the end
the following:
``(vi) Recoupment of compensation from
senior executives and directors.--
``(I) In general.--The Corporation,
as receiver or conservator of an
insured depository institution under
clause (i), may recover from any
current or former senior executive or
director of the insured depository
institution, or of a covered affiliate
with respect to the insured depository
institution, who is substantially
responsible for the failed condition of
the insured depository institution, any
compensation received during the 2-year
period preceding the date on which the
Corporation was appointed as the
receiver or conservator of the insured
depository institution, except that, in
the case of fraud, no time limit shall
apply.
``(II) Cost considerations.--In
seeking to recover any compensation
under subclause (I), the Corporation
shall weigh the financial and deterrent
benefits of that recovery against the
cost of executing the recovery.
``(III) Personal liability.--Any
liability insurance policy for a senior
executive or director described in
subclause (I) shall exclude from
coverage any liability under this
clause.
``(vii) Prohibition authority.--
``(I) In general.--The Corporation
may take any action authorized by
subclause (II), if the Corporation
determines that--
``(aa) a senior executive
or a director of an insured
depository institution with
respect to which the
Corporation has taken action or
provided assistance under
clause (i), or of a covered
affiliate with respect to such
an insured depository
institution, before the
appointment of the Corporation
as receiver or conservator,
has, directly or indirectly--
``(AA) violated any
law or regulation;
``(BB) violated any
cease-and-desist order
that has become final;
``(CC) violated any
condition imposed in
writing by a Federal
agency in connection
with any action on any
application, notice, or
request by the insured
depository institution
or covered affiliate
(as applicable) or the
senior executive or
director (as
applicable);
``(DD) violated any
written agreement
between the insured
depository institution
or covered affiliate
(as applicable) and the
Federal agency
described in subitem
(CC);
``(EE) engaged or
participated in any
unsafe or unsound
practice; or
``(FF) committed or
engaged in any act,
omission, or practice
that constitutes a
breach of the fiduciary
duty of that senior
executive or director;
and
``(bb) by reason of the
violation, practice, or breach
described in any subitem of
item (aa), that senior
executive or director has
received financial gain or
other benefit, and that
violation, practice, or breach
contributed to the failure of
the insured depository
institution.
``(II) Authorized actions.--The
Corporation may serve upon a senior
executive or director with respect to
whom the Corporation has made a
determination under subclause (I) a
written notice of the intention of the
Corporation to prohibit any further
participation by that individual, in
any manner, in the conduct of the
affairs of any financial company for a
period of time determined by the
Corporation to be commensurate with
that violation, practice, or breach,
except that such period shall be not
less than 2 years.
``(viii) Definitions.--In this
subparagraph:
``(I) Compensation.--The term
`compensation' means any direct or
indirect financial remuneration
received from an insured depository
institution, or from a covered
affiliate with respect to an insured
depository institution, including
salary, bonuses, incentives, benefits,
severance pay, deferred compensation,
golden parachute benefits, benefits
derived from an employment contract or
other compensation or benefit
arrangement, perquisites, stock option
plans, post-employment benefits,
profits realized from a sale of
securities in the insured depository
institution or the covered affiliate
(as applicable), or any cash or noncash
payments or benefits granted to or for
the benefit of a senior executive or
director.
``(II) Covered affiliate.--The term
`covered affiliate' means, with respect
to an insured depository institution,
any--
``(aa) bank holding company
(as defined in section 2(a) of
the Bank Holding Company Act of
1956 (12 U.S.C. 1841(a))) that
controls the insured depository
institution;
``(bb) savings and loan
holding company (as defined in
section 10(a) of the Home
Owners' Loan Act (12 U.S.C.
1467a(a))) that directly or
indirectly controls the insured
depository institution;
``(cc) subsidiary of the
insured depository institution;
or
``(dd) affiliate (as
defined in section 2 of the
Bank Holding Company Act of
1956 (12 U.S.C. 1841(k))) of
the insured depository
institution.
``(III) Director.--The term
`director' means a member of the board
of directors of a company, or of a
board or committee performing a similar
function to a board of directors, who
has authority to vote on matters before
the board or committee.
``(IV) Financial company.--The term
`financial company' has the meaning
given the term in section 201(a) of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C.
5381(a)).
``(V) Senior executive.--The term
`senior executive'--
``(aa) means any individual
who participates or has
authority to participate (other
than in the capacity of a
director) in major policymaking
functions of a company,
regardless of whether the
individual has an official
title or the title of the
individual designates the
individual as an assistant; and
``(bb) includes the
chairman of the board, the
president, any vice president,
the secretary, the treasurer or
chief financial officer, the
general partner, and any
manager of a company, unless
the individual--
``(AA) is excluded,
by resolution of the
board of directors, the
bylaws, the operating
agreement, or the
partnership agreement
of the company, from
participation (other
than in the capacity of
a director) in major
policymaking functions
of the company; and
``(BB) does not
actually participate in
major policymaking
functions of the
company.''.
(b) Regulations.--The Federal Deposit Insurance Corporation shall
promulgate regulations to administer and carry out this section, in a
manner that is not less stringent than the manner set forth in section
380.7 of title 12, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
SEC. 3. ORDERLY LIQUIDATION AUTHORITY.
Title II of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5381 et seq.) is amended--
(1) in section 210(s) (12 U.S.C. 5390(s)), by adding at the
end the following:
``(4) Personal liability.--Any liability insurance policy
for a senior executive or director described in paragraph (1)
shall exclude from coverage any liability under this
subsection.''; and
(2) in section 213(b) (12 U.S.C. 5393(b))--
(A) in paragraph (1)(C), by inserting ``and'' at
the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
<all>
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118S1182 | 340B Reporting and Accountability Act | [
[
"K000393",
"Sen. Kennedy, John [R-LA]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1182 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1182
To amend the Public Health Service Act to increase the transparency and
accountability of the drug discount program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 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 the Public Health Service Act to increase the transparency and
accountability of the drug discount 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 ``340B Reporting and Accountability
Act''.
SEC. 2. REQUIREMENT TO PROVIDE DRUG DISCOUNTS TO PATIENTS.
(a) In General.--Section 340B(a)(5) of the Public Health Service
Act (42 U.S.C. 256b(a)(5)) is amended--
(1) in subparagraph (C), by striking ``subparagraphs (A) or
(B)'' and inserting ``subparagraph (A), (B), or (E)'';
(2) in subparagraph (D), by striking ``subparagraphs (A) or
(B)'' and inserting ``subparagraph (A), (B), or (E)''; and
(3) by adding at the end the following:
``(E) Requirement to provide drug discounts to
patients.--A covered entity shall ensure that each
patient who receives a covered outpatient drug from
such covered entity is provided such drug at a price
that does not exceed the price at which the covered
entity purchased the drug in accordance with paragraph
(1), less any additional discounts or rebates received
by the covered entity with respect to the drug.''.
(b) Reporting Requirements for Drug Discount Program.--Section
340B(d)(2)(B) of the Public Health Service Act (42 U.S.C.
256b(d)(2)(B)) is amended by adding at the end the following:
``(vi)(I) Not later than 1 year after the
date of enactment of the 340B Reporting and
Accountability Act, the development of
procedures to require each covered entity to
report to the Secretary, not less frequently
than annually, information on--
``(aa) the total amount paid by the
covered entity during the reporting
period for covered outpatient drugs
under subsection (a);
``(bb) the total amount received by
the covered entity during the reporting
period for such covered outpatient
drugs; and
``(cc) if a covered entity receives
any revenue as a result of charging a
price for a covered outpatient drug
that exceeds the price at which the
covered entity purchased the drug, how
the covered entity spent such revenue.
``(II) The Secretary shall make the
information reported under subclause (I)
publicly available.''.
<all>
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118S1183 | Charlotte Woodward Organ Transplant Discrimination Prevention Act | [
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... | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1183 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1183
To prohibit discrimination on the basis of mental or physical
disability in cases of organ transplants.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2023
Mr. Rubio (for himself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit discrimination on the basis of mental or physical
disability in cases of organ transplants.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charlotte Woodward Organ Transplant
Discrimination Prevention Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Americans with Disabilities Act of 1990, section
504 of the Rehabilitation Act of 1973, and section 1557 of the
Patient Protection and Affordable Care Act prohibit
discrimination against individuals with disabilities in organ
transplantation and the allocation of organs.
(2) Despite those prohibitions, there are findings and
cases that show, as is documented by the National Council on
Disability and others, that individuals with disabilities are
being denied organ transplants and related services based
solely on the fact that those individuals have a disability.
(3) 34 States have crafted State-level policy to prohibit
organ transplant discrimination against individuals with
disabilities. Federal action, however, is required to protect
individuals with disabilities and to enforce existing law
regardless of the State in which they live.
(4) The current situation, with continuing cases of
discrimination against individuals with disabilities, calls for
further clarity by Congress about which actions constitute
discrimination under current law, which entities are covered,
and the remedies available to individuals experiencing
potential discrimination.
(5) Licensed providers of health care services that provide
organ transplants and related services in exchange for medical
fees are engaging in an economic transaction with patients that
occurs in or substantially impacts interstate commerce.
(6) In the national administration of organ allocation in
the United States, organs are transported across State lines
for transplantation procedures.
(7) Discrimination in organ transplantation limits
individuals with disabilities from participating in health care
transactions in a manner that allows equal access to interstate
commerce.
(8) The existence of discrimination against individuals
with disabilities in the provision of organ transplantation and
related services burdens the flow of organs through legal
channels of interstate commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Auxiliary aids and services.--The term ``auxiliary aids
and services'' includes--
(A) qualified interpreters or other effective
methods of making aurally delivered materials available
to individuals with a hearing impairment;
(B) qualified readers, taped texts, or other
effective methods of making visually delivered
materials available to individuals with a visual
impairment;
(C) information in a format that is accessible for
individuals with a cognitive, neurological,
developmental, or intellectual disability;
(D) supported decision-making services; and
(E) acquisition or modification of equipment or
devices.
(2) Covered entity.--The term ``covered entity'' means any
licensed provider of health care services (including licensed
health care practitioners, hospitals, nursing facilities,
laboratories, intermediate care facilities, psychiatric
residential treatment facilities, institutions for individuals
with intellectual or developmental disabilities, and prison
health centers), and any transplant hospital (as defined in
section 121.2 of title 42, Code of Federal Regulations or a
successor regulation), that--
(A) is in interstate commerce; or
(B) provides health care services in a manner
that--
(i) substantially affects or has a
substantial relation to interstate commerce; or
(ii) includes use of an instrument
(including an instrument of transportation or
communication) of interstate commerce.
(3) Disability.--The term ``disability'' has the meaning
given the term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Human organ.--The term ``human organ'' has the meaning
given the term in section 301(c) of the National Organ
Transplant Act (42 U.S.C. 274e(c)).
(5) Matching entity.--The term ``matching entity'' means an
entity described in section 4.
(6) Organ transplant.--The term ``organ transplant'' means
the transplantation or transfusion of a donated human organ
into the body of another human for the purpose of treating a
medical condition.
(7) Qualified individual.--The term ``qualified
individual'' means an individual who, with or without a support
network, provision of auxiliary aids and services, or
reasonable modifications to policies or practices, meets
eligibility requirements for the receipt of a human organ.
(8) Reasonable modifications to policies or practices.--The
term ``reasonable modifications to policies or practices''
includes--
(A) communication with persons responsible for
supporting a qualified individual with postsurgical or
other care following an organ transplant or related
services, including support with medication; and
(B) consideration, in determining whether a
qualified individual will be able to comply with health
requirements following an organ transplant or receipt
of related services, of support networks available to
the qualified individual, including family, friends,
and providers of home and community-based services,
including home and community-based services funded
through the Medicare or Medicaid program under title
XVIII or XIX, respectively, of the Social Security Act
(42 U.S.C. 1395 et seq., 1396 et seq.), another health
plan in which the qualified individual is enrolled, or
any program or source of funding available to the
qualified individual.
(9) Related services.--The term ``related services'' means
services related to an organ transplant that consist of--
(A) evaluation;
(B) counseling;
(C) treatment, including postoperative treatment,
and care;
(D) provision of information; and
(E) any other service recommended or required by a
physician.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(11) Supported decision making.--The term ``supported
decision making'' means the use of a support person to assist a
qualified individual in making health care decisions,
communicate information to the qualified individual, or
ascertain a qualified individual's wishes. Such term includes--
(A) the inclusion of the individual's attorney-in-
fact or health care proxy, or any person of the
individual's choice, in communications about the
individual's health care;
(B) permitting the individual to designate a person
of the individual's choice for the purposes of
supporting that individual in communicating, processing
information, or making health care decisions;
(C) providing auxiliary aids and services described
in subparagraph (A), (B), (C), or (E) of paragraph (1)
to facilitate the individual's ability to communicate
and process health-related information, including
providing use of assistive communication technology;
(D) providing health information to persons
designated by the individual, consistent with the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note) and other applicable laws
and regulations governing disclosure of health
information;
(E) providing health information in a format that
is readily understandable by the individual; and
(F) working with a court-appointed guardian or
other person responsible for making health care
decisions on behalf of the individual, to ensure that
the individual is included in decisions involving the
health care of the individual and that health care
decisions are in accordance with the individual's own
expressed interests.
(12) Support network.--The term ``support network'' means,
with respect to a qualified individual, one or more people who
are--
(A) selected by the qualified individual or by the
qualified individual and the guardian of the qualified
individual, to provide assistance to the qualified
individual or guidance to that qualified individual in
understanding issues, making plans for the future, or
making complex decisions; and
(B) who may include the family members, friends,
unpaid supporters, members of the religious
congregation, and appropriate personnel at a community
center, of or serving the qualified individual.
SEC. 4. PROHIBITION OF DISCRIMINATORY POLICY.
An entity who receives a contract under section 372 of the Public
Health Service Act (42 U.S.C. 274) to match human organs and
individuals, and otherwise carry out the functions described in
subsection (b) of that section, shall not issue policies,
recommendations, or other memoranda that would prohibit, or otherwise
hinder, a qualified individual's access to an organ transplant solely
on the basis of that individual's disability.
SEC. 5. PROHIBITION OF DISCRIMINATION.
(a) In General.--Subject to subsection (b), a covered entity may
not, solely on the basis of a qualified individual's disability--
(1) determine that the individual is ineligible to receive
an organ transplant or related services;
(2) deny the individual an organ transplant or related
services;
(3) refuse to refer the individual to an organ transplant
center or other related specialist for the purpose of receipt
of an organ transplant or other related services; or
(4) refuse to place the individual on an organ transplant
waiting list.
(b) Exception.--
(1) In general.--
(A) Medically significant disabilities.--
Notwithstanding subsection (a), a covered entity may
take a qualified individual's disability into account
when making a health care treatment or coverage
recommendation or decision, solely to the extent that
the disability has been found by a physician, following
an individualized evaluation of the potential
recipient, to be medically significant to the receipt
of the organ transplant or related services, as the
case may be.
(B) Construction.--Subparagraph (A) shall not be
construed to require a referral or recommendation for,
or the performance of, a medically inappropriate organ
transplant or medically inappropriate related services.
(2) Clarification.--If a qualified individual has the
necessary support network to provide a reasonable assurance
that the qualified individual will be able to comply with
health requirements following an organ transplant or receipt of
related services, as the case may be, the qualified
individual's inability to independently comply with those
requirements may not be construed to be medically significant
for purposes of paragraph (1).
(c) Reasonable Modifications.--A covered entity shall make
reasonable modifications to policies or practices (including
procedures) of such entity if such modifications are necessary to make
an organ transplant or related services available to qualified
individuals with disabilities, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature of such
policies or practices.
(d) Clarifications.--
(1) No denial of services because of absence of auxiliary
aids and services.--For purposes of this section, a covered
entity shall take such steps as may be necessary to ensure that
a qualified individual with a disability is not denied a
procedure associated with the receipt of an organ transplant or
related services, because of the absence of auxiliary aids and
services, unless the covered entity can demonstrate that taking
such steps would fundamentally alter the nature of the
procedure being offered or would result in an undue burden on
the entity.
(2) Compliance with other law.--Nothing in this section
shall be construed--
(A) to prevent a covered entity from providing
organ transplants or related services at a level that
is greater than the level that is required by this
section; or
(B) to limit the rights of an individual with a
disability under, or to replace or limit the scope of
obligations imposed by, the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) including the
provisions added to such Act by the ADA Amendments Act
of 2008, section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), section 1557 of the Patient Protection
and Affordable Care Act (42 U.S.C. 18116), or any other
applicable law.
(e) Enforcement.--
(1) In general.--Any individual who alleges that a
qualified individual was subject to a violation of this section
by a covered entity--
(A) may bring a claim regarding the allegation to
the Office for Civil Rights of the Department of Health
and Human Services, for expedited resolution; and
(B) whether or not such a claim is brought under
subparagraph (A) or a violation is found pursuant to
subparagraph (A), may bring a civil action in a
district court of the United States for injunctive or
other equitable relief, including the relief described
in paragraph (2), against such covered entity to obtain
compliance of such covered entity with this section.
(2) Relief available.--The injunctive and equitable relief
available in a civil action brought under paragraph (1)(B),
with respect to a covered entity, includes--
(A) requiring auxiliary aids and services to be
made available by the entity involved;
(B) requiring reasonable modifications to policies
or practices (including procedures) of such entity; or
(C) requiring that a facility of such entity be
made readily accessible and usable.
(3) Expedited review.--In the case of a civil action
brought under paragraph (1)(B), with respect to a covered
entity, the district court in which such action is brought
shall advance on its docket and expedite review and disposition
of such action.
(4) Rule of construction.--Nothing in this subsection is
intended to limit or replace available remedies under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or any other applicable law.
SEC. 6. APPLICATION TO EACH PART OF PROCESS.
The provisions of this Act--
(1) that apply to an organ transplant, also apply to the
evaluation and listing of a qualified individual, and to the
organ transplant and post-organ-transplant treatment of such an
individual; and
(2) that apply to related services, also apply to the
process for receipt of related services by such an individual.
SEC. 7. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to supersede any provision
of any State or local law that provides greater rights to qualified
individuals with respect to organ transplants than the rights
established under this Act.
<all>
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